reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-10 - Exchange of License Plate Involving A Class A Registration Under the Staggered Monthly System

Current through Register Vol. XLI, No. 28, July 12, 2024
If the exchange is made from a miscellaneous class of license
				  to a Class A Registration, the fee required for the Class A Registration would
				  be a full years fee according to the weight of the vehicle. Credit for the
				  value of the miscellaneous license would be allowed for the value of the
				  registration at the time the exchange was made. The value would be determined
				  on the quarterly basis in the same manner that it is determined now. In
				  addition to fees that may be necessary to equalize the value of the plate
				  surrendered with the value of the registration plate desired, an exchange fee
				  of one dollar shall be required.
Exchange of a Class A Registration to any of the
				  miscellaneous classes of license would be made in the following manner. The fee
				  required for the miscellaneous class of license should be assessed on the value
				  of the plate at the time the exchange was made. The value would be the fee
				  required for the quarter in which the change was made.
Credit for the Class A Plate would be allowed on the basis of
				  the number of months the plate was valid for at the time of exchange. If the
				  weight of the vehicle is 3,000 Lbs. or less, the fee would be computed at the
				  rate of $1.67 per month. If the weight is 3,001 to 4,000 Lbs., the fee would be
				  computed at the rate of $2.00 per month. If the weight is 4,000 Lbs. or over,
				  the fee would be computed at the rate of $2.50 per month.
If the exchange is made any time between the first and
				  fifteenth day of the month, the value of the Class A Plate shall be determined
				  from the first day of the month the exchange was made in. On and after the
				  sixteenth day of the month the exchange is being made in, the value of the
				  Class A Plate shall be determined from the first day of the month of the
				  following calendar month. In addition to the fee that may be necessary to
				  equalize the value of the plate surrendered with the value of the registration
				  plate desired, an exchange fee of one dollar shall be required.
The dates referred to in this section would be the date the
				  application was actually filed with the Department of Motor
				  Vehicles.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-11 - Fee Required After Expiration Date For Class A Registrations Issued Under Staggered Monthly System

Current through Register Vol. XLI, No. 28, July 12, 2024
The Monthly staggered system was established from the
				  1968-1969 license number and each vehicle registered was assigned an expiration
				  date based on the Class A license number the owner was assigned for the fiscal
				  year 1968-69.
When the owner of a Class A vehicle is assigned an expiration
				  month, the license should be renewed before the expiration date. If the owner
				  does not renew the license before the expiration date and would make
				  application for renewal any time during the month the license expired, the
				  owner would be required to pay a full years fee and no change would be made on
				  the expiration date.
If the license was renewed any time after the month of
				  expiration and it is determined that the owner has been operating the vehicle
				  with an expired license, a full years fee would be required and no change would
				  be made on the expiration date.
If it is determined that the owner has not operated the
				  vehicle on the highways after the month of expiration, a full years fee would
				  be required and a new expiration date would be assigned on the registration
				  application showing the month in which the license was renewed as provided
				  below.
If the license is issued between the first and fifteenth day
				  of any given month, the fee shall be determined from the first day of the month
				  in which the application was made. On and after the sixteenth day of the month
				  the application is made in, the fee would be determined from the first day of
				  the following calendar month.
A further exception is when a vehicle registered under the
				  Class A staggered system in this State is titled and registered out-of-state
				  and at a later date is returned and retitled in this State, the old license
				  plate would be cancelled and a new license plate would be issued beginning with
				  the month the vehicle was retitled in this State. In order that our
				  registration records show the correct information in case of a registration
				  check, a cancellation card for the old number should be executed and recorded
				  on the records of the alphabetical and numerical registration files of the
				  Department.
Many states will issue a special registration for a vehicle
				  and will not require the surrender of the title issued by the state in which
				  the vehicle is titled. In such cases, if the applicant returns to West Virginia
				  with the same vehicle that was titled and registered in this State, the license
				  plate previously issued to the owner should be cancelled as provided herein and
				  a new plate issued for the vehicle. The new plate and registration certificate
				  should show the expiration date the vehicle was re-registered in this
				  State.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-13 - Special Issue Plates Issued To Disabled Veterans

Current through Register Vol. XLI, No. 28, July 12, 2024
The type of license plate issued by the Department of Motor
				  Vehicles to disabled veterans who are eligible for such plates under the
				  provisions of Chapter 17-A, Article 10, Section 8 of the West Virginia Motor
				  Vehicle Code are of the same format as all other plates except for the
				  numbering. The letters DV will precede the actual numbers on the plate. The DV
				  number series will commence with number 101 and will be continued consecutively
				  for the required number of plates to register all motor vehicles owned by
				  disabled veterans who are eligible to display this type of plate. The
				  expiration date of the plate, as indicated on the registration card, must be
				  renewed in the same manner as all other registrations.
Those veterans qualifying for license plates under the
				  provisions of this section of the code who do not wish the special DV plate may
				  request the regular license plate for their particular class of motor vehicle
				  under the same provisions as provided for the special DV plate.
Entered as a revised department regulation this 1st day of
				  July, 1974.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-14 - Special License Plate For Use By The Department Of Public Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
Chapter Seventeen-A, Article Three, Section Fourteen of the
				  West Virginia Motor Vehicle Code provides that the Commissioner of the
				  Department of Motor Vehicles may, in his discretion, issue a type of
				  registration plate suitable for permanent use on motor vehicles. The Code
				  further provides that the design of such plate shall be determined by the
				  Commissioner.
In accordance with this Section of the Code, the Commissioner
				  of the Department of Motor Vehicles in cooperation with the Superintendent of
				  the Department of Public Safety has authorized the design, manufacturing, and
				  issuance of a special registration plate to be issued for vehicles owned or
				  operated by the Department of Public Safety.
The size of the plate shall be 6" by 12". The plate is to be
				  manufactured with reflectorized sheeting, white background, and the letters and
				  numerals shall be black and embossed on the plate. On the left side of the
				  plate the word State over the word Police shall be imprinted. On the right side
				  of the plate the registration number shall be imprinted beginning with the
				  numeral one and numbered consecutively for the number of registration plates
				  required to license vehicles owned or operated by the Department of Public
				  Safety. The words West Virginia shall be imprinted at the bottom and center of
				  the plate.
Such Department of Public Safety special plate may be
				  displayed on any vehicle owned by any Department or Commission of the State of
				  West Virginia, provided the enforcement duties pertaining to the Motor Vehicle
				  Code for such Department or Commission is the responsibility of the Department
				  of Public Safety. Such as vehicles owned by the West Virginia Turnpike
				  Commission that are operated by the Department of Public Safety in the
				  enforcement duties on the West Virginia Turnpike.
The assignment of such special plates shall be the
				  responsibility of the Department of Public Safety. All vehicles assigned this
				  type of plate must be titled in West Virginia in the name of the Department or
				  Commission that owns the vehicle. It shall also be the responsibility of the
				  Department of Public Safety to secure a Certificate of Registration in the name
				  of the Department or Commission owning the vehicle. The Certificate of
				  Registration shall show the Department of Public Safety special plate number
				  assigned the vehicle. The Certificate of Registration should remain with the
				  vehicle for the period of time the plate is being displayed on such vehicle. in
				  the event the plate is transferred to another vehicle, application should be
				  made to the Department of Motor Vehicles for a new Registration Certificate for
				  the vehicle the license plate was transferred to.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-03 - Motor Vehicle Titling › Section 91-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish the requirements for the titling of motor
				vehicles and registrations other than the multi-jurisdictional registrations
				completed through the International Registration Plan.
1.2. Authority. -- W. Va. Code §§
									11-15-3c,
				17A-2-9,
				17A-3-14i, and
				17A-4-11.
1.3. Filing Date. -- April 1, 2024
1.4. Effective Date. -- April 1,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect August 1,
				2029.
1.6. Repeal and Replace. --
				This legislative rule repeals and replaces WV 91CSR3 "Motor Vehicle Titling"
				filed and effective April 30, 1985.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-03 - Motor Vehicle Titling › Section 91-3-2 - Titling a Motor Vehicle

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. An application for a certificate of title must be accompanied by
				the appropriate fees:
2.1.1 Proof of
				Insurance;
2.1.2. Photo
				identification and identity validation and verification developed by the
				Division of Motor Vehicles;
2.1.3.
				If the vehicle was previously titled in another state or jurisdiction, that
				title;
2.1.4. If a registration
				plate is also being transferred, appropriate registration
				information;
2.1.5. If the vehicle
				requires registration, the appropriate fee for the registration plate;
				and,
2.1.6. Sales tax as calculated
				in subsection 2.3 of this section.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-03 - Motor Vehicle Titling › Section 91-3-3 - Registration of a Motor Vehicle

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application. Application for registration must be made in a manner prescribed
				by the Commissioner of the Division of Motor Vehicles.
3.2. Renewal. Registration renewal must be
				made in the manner prescribed by the Commissioner of the Division of Motor
				Vehicles.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-03 - Motor Vehicle Titling › Section 91-3-4 - Fleet Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Definitions.
4.1.1. For the purposes of this
				section, the term "fleet" means a group of 10 or more vehicles owned by an
				individual or corporate entity for commercial use.
4.1.2. "Fleet operator" means the business
				entity that owns the fleet.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-03 - Motor Vehicle Titling › Section 91-3-5 - Title Clearinghouse

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The West Virginia Title Clearinghouse is the statutorily authorized program
				within the Division of Motor Vehicles for the issuance of motor vehicle titles
				and registrations to qualified non-resident businesses.
5.2. Application. A non-resident business may
				complete an application to become a participant in the Title Clearinghouse on a
				form and in a manner prescribed by the Commissioner of the Division of Motor
				Vehicles.
5.2.1. The initial application will
				authorize an approved applicant to participate in the Title Clearinghouse for
				one year.
5.2.2. A participant in
				good standing may apply for renewed participation annually.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-03 - Motor Vehicle Titling › Section 91-3-6 - Consequences and Penalties for Noncompliance, Fraud and Misconduct

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Division
				of Motor Vehicles may take any and all actions authorized by W.Va. Code
				§§
									17A-2-16,
				17A-3-3,
				17A-3-7,
				17A-6-18,
				17A-9-5,
				17A-9-7 and any other section of
				code authorizing the Division to take action in the case of refusal to comply,
				fraud or other misconduct in a title or registration process whether the
				noncompliance, fraud or misconduct was committed using paper documents or
				electronic processes.
6.2. Any
				provision of code that assesses criminal penalties for misconduct involving a
				motor vehicle title or registration applies whether that misconduct was
				committed using paper documents or electronic processes.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes the procedures for the examination of applicants for
				driver's licenses and the issuance of driver's licenses.
1.2. Authority. -- W. Va. Code §§
									17A-2-9,
				17B-2-7,
				17B-2-15 and
				17E-1-18.
1.3. Filing Date. - April 3, 2023.
1.4. Effective Date. - May 1, 2023.
1.5. Sunset Provision. - This rule shall
				terminate and have no further force or effect August 1, 2028.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application- This rule applies to the examination of applicants for driver
				licenses and the issuance and renewal of driver's licenses and identification
				cards.
2.2. Enforcement-
				Enforcement of this rule is vested with the Commissioner of Motor Vehicles or
				the Commissioner's lawful designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-4 - Preliminary Examination of Applicants Never Licensed, Holding a License Expired more than 36 Months or Holding an Expired License from Another State or Jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				applicant for an instruction permit to operate a motor vehicle shall present a
				properly completed application on the form designated by the Commissioner. The
				Division shall make available information for driver's license and ID
				applicants that clearly delineates the requirements for a for federal use
				driver license or ID and a not for federal use driver's license and ID. The
				application shall include the applicant's full legal name and social security
				number as evidenced by the applicant's social security card. The application
				shall also include the address and all other information required by the
				provisions of the West Virginia Code and any other information required by the
				Division. The applicant shall also comply with the following:
4.1.a. The applicant shall provide the
				certified original or certified copy of a birth certificate as evidence of the
				applicant' s full birth name, and date of birth. Foreign birth certificates are
				not acceptable. If no record of birth exists, in lieu of a birth certificate,
				the applicant shall provide any documentation required by the Division to
				establish the applicant' s full birth name and date of birth. An applicant who
				is not a citizen of the United States shall present all documents required by
				the Division to verify his or her legal presence in the United States, proof of
				identity, and proof of residency in this state;
4.1.b. The applicant shall provide proof of
				his or her social security number or a written statement subject to
				verification by the division that he or she is ineligible for a social security
				number;
4.1.c. If the applicant is
				under the age of eighteen, the applicant must have the consent of his or her
				parent or guardian as evidenced by the custodial parent or legal guardian' s
				signature on the application for an instruction permit. However, an applicant
				under the age of eighteen who presents a marriage certificate as proof of
				marital status is exempt from the parental consent requirement;
4.1.d. An applicant requesting to change the
				gender designation on their driver's license or identification card shall
				submit a completed Gender Designation Form as prescribed by the commissioner
				which form must require and be accompanied by a certification by a medical
				doctor of the person' s gender; and
4.1.e. An applicant age eighteen or older
				shall provide two documents showing residency as provided in section 10 and one
				additional document verifying identity as provided in section 11 of this
				rule.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-5 - Road Skill Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				applicant who presents a valid instruction permit and who meets all other
				statutory requirements may complete the appropriate application and take the
				road skills examination subject to the following:
5.1.a. The applicant arrives at the
				examination site in a lawful manner;
5.1.b. The applicant presents his or her
				valid instruction permit. Applicants age eighteen and older shall provide two
				additional documents verifying residency as required by section 10 of this
				rule;
5.1.c. The applicant presents
				current proof of insurance and a valid registration card for the vehicle used
				for testing; and
5.1.d. The
				applicant who is under the age of eighteen presents proof of completion of an
				approved course of driver' s education, or the form prescribed by the Division
				indicating completion of a minimum of fifty hours of behind the wheel
				instruction with a minimum of ten hours obtained during nighttime driving
				conditions.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-6 - Issuance And Content Of The Driver's License And Identification Card

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				driver' s license or identification card shall contain the full legal name of
				the applicant, a color photograph of the applicant taken by the Division and
				all other information required by law or prescribed by the Commissioner. The
				Division shall maintain the social security number as a part of the licensee's
				or identification card holder's record but it shall not appear on the face of
				the driver's license or identification card.
6.1.a. The Commissioner shall designate the
				color red for licenses issued to drivers under the ages of eighteen and the
				color blue for licenses issued to drivers under the age of twenty-one in
				accordance with West Virginia Code §
										17B-2-1(b);
6.1.b. In order for a driver to obtain the
				appropriately colored license based upon his or her age, the Commissioner may
				extend the license to thirty days after the expiration date that appears on the
				front of the license; and
6.1.c.
				The applicant may choose from the following options to display his or her name
				on the driver's license or identification card.
1. Last name, first name then middle name as
				evidenced by the applicant' s birth certificate or other source document that
				is compliant with the Real ID Act of 2005 and any federal rule in furtherance
				of it. Last or middle name as a combination of last or middle names as
				evidenced by marriage certificate or birth certificates. A "For Federal Use"
				driver's license or identification card shall have a naming convention
				consistent with federal requirements.
2. If the applicant prefers a name different
				than the name on the birth certificate or other source document, the full legal
				name may be established by a combination of names from the birth certificate or
				other source document and a marriage certificate, adoption records, court
				orders, or documentation from any other mechanism permitted by law to establish
				or change a name.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-7 - Renewal Of Driver's License And Identification Card

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				driver's license or identification card is valid for the statutory period of
				time based on the age of the applicant and the length of the applicant's
				authorized legal presence in the United States.
7.2. The Division shall send via first class
				mail or by electronic means an application for renewal to each licensee at
				least ninety days prior to the day of the license's expiration to the
				licensee's address of record. The renewal form shall clearly delineate the
				requirements for a for federal use driver's license or ID and a not for federal
				use driver' s license and ID.
7.3.
				A licensee shall renew his or her license prior to or on the expiration date in
				order to legally drive a motor vehicle in this or any other state.
7.4. The Division shall complete a national
				check of the renewal applicant's driver license status. Any licensee whose
				driving privileges are suspended or revoked in this or any other state for an
				offense for which this state would suspend or revoke a person's privilege to
				operate a motor vehicle, is not eligible for renewal of his or her driver' s
				license.
7.4.a. The Division shall not refuse
				to renew a driver' s license for an offense that is more than ten years old and
				not involving a driving under the influence related offense; and
7.4.b. The Division, at its discretion, may
				renew an applicant's driver's license if his or her driving privileges are
				suspended or revoked by another state or jurisdiction for an offense for which
				the jurisdiction of record cannot provide records or assistance to clear the
				offense. The renewal applicant shall provide written documentation from the
				suspending jurisdiction indicating that the records to clear the suspension or
				revocation are unavailable.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-7A - Online Renewal Of Driver's License And Identification Card

Current through Register Vol. XLI, No. 28, July 12, 2024
7A.1. At the
				discretion of the Division, any licensee or identification card holder seeking
				to obtain a duplicate driver' s license or identification card or to renew his
				or her license or identification card may be eligible to renew online if a
				driver' s license transaction was completed in person at a division office
				within the past 16 years. Subject to:
7A.1.a.
				The applicant is eligible to renew his or her license or identification card,
				in accordance with §
										91-4-7 of this rule.
7A.1.b. The applicant is a United States
				citizen and his or her full legal name remains unchanged from the name on file
				with the Division unless a remote name change is authorized under federal law
				and regulation.
7A.1.c. The
				Division's online renewal process shall clearly delineate the requirements for
				a for federal use driver's license or ID and a not for federal use driver's
				license and ID.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-8 - Transfer Of Driver's License

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A new
				resident who wishes to operate a motor vehicle in this state shall obtain a
				West Virginia driver' s license within thirty days of establishing residency in
				this state. The applicant shall substantiate identity, name, age, gender,
				school enrollment, West Virginia residency, social security number or
				substitute and legal presence with the documents required under sections 3, 4,
				6, 10, 11 and 12 of this rule. The Division may, upon development of adequate
				systems, use an out of state driver's license and the documents submitted to
				obtain the out of state license to substantiate identity, name, age, gender,
				school enrollment, West Virginia residency, social security number or
				substitute and legal presence with the documents required under sections 3, 4,
				6, 10, 11 and 12 of this rule, except when prohibited by federal law or
				rule.
8.2. An applicant age
				eighteen or older who holds a valid driver's license expired 36 months or less
				from another state or jurisdiction of the United States or from a foreign
				jurisdiction with which this state has a reciprocal agreement may exchange the
				out of state driver's license for a West Virginia driver's license without
				taking the knowledge examination or road skills examination prescribed in
				section 4 and 5 of this rule subject to the following:
8.2.a. The Division completes a national
				check of the applicant's driver's license status. Any licensee whose driving
				privileges are suspended or revoked in this state, or in any other state or
				jurisdiction for an offense for which this state would suspend or revoke a
				person's privilege to operate a motor vehicle, is not eligible for licensure;
8.2.b. The applicant surrenders
				his or her valid out of state license. If the applicant's driver's license has
				been lost, the applicant shall provide a certified driving record dated thirty
				days or less from the date of application from the applicant's former state of
				residence indicating that the applicant's driver's license is valid and a
				written statement indicating his or her intention to surrender his or her
				driving privileges and the circumstances of why the applicant does not have a
				valid driver's license in his or her possession;
8.2.c. The applicant passes the visual acuity
				test prescribed by this rule, and completes the driving under the influence
				awareness component as prescribed as prescribed by West Virginia Code §
										17B-2-7(b);
8.2.d. The applicant licensed by a foreign
				jurisdiction with which this state has a reciprocal agreement shows proof of
				legal presence as required under section 12 of this rule.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-9 - Reissuance Of Driver's License with Changes or Issuance of a Duplicate Driver's License or Identification Card

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Change of
				Address. In accordance with law, all licensees shall provide the Division with
				a correct address within twenty days of moving to a new location. If a
				licensee's address is changed by the United States Postal Service, the licensee
				shall provide the Division with a correct address twenty days prior to the
				final date on which mail with the old address is deliverable. If the licensee
				chooses to obtain a new driver' s license, he or she shall present at least one
				proof of identity and two proofs of residency as described in Sections 10 and
				11 of this rule.
9.2. Change of
				Name. Any person who changes his or her name shall apply for a new license or
				identification card within twenty days of the name change and shall present at
				least one proof of identity and one proof of residency as described in Sections
				10 and 11 of this rule in addition to any documents required to substantiate
				the change of name.
9.2.a. The licensee or
				identification card holder shall substantiate a change of name by marriage with
				a marriage certificate. The licensee or identification card holder may choose
				from the options to display his or her name on the driver' s license or
				identification card in Section 6 of this rule.
9.2.b. The licensee or identification card
				holder shall substantiate a change of name by divorce, or court order with a
				copy of the divorce decree or court order; and
9.2.c. Any other change in the name requires
				a certified birth certificate or a court order ordering the name
				change.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-10 - Residency Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An
				applicant for any license or identification card shall be a resident of the
				State of West Virginia except as provide under subsection 10.4 of this rule.
				The West Virginia address of residence shall appear on the face of the license
				or identification card except as provided under subsection 3.9 of this rule.
				The Division shall not license or issue an identification card to an applicant
				who does not have a West Virginia address unless the applicant resides in an
				area of West Virginia not served by a West Virginia post office or in
				accordance with subsection 10.4 of this rule. Acceptable documents for proof of
				residency are:
10.1.a. Current utility bills
				indicating a West Virginia address;
10.1.b. Tax records indicating a West
				Virginia address;
10.1.c.
				Residential rental and lease agreements for a West Virginia
				residence;
10.1.d. Mortgage
				documents for a West Virginia residence;
10.1.e. A W-2 form not more than 18 months
				old with a West Virginia address;
10.1.f. A current concealed weapons permit
				with a West Virginia address;
10.1.g. A motor vehicle registration card in
				the name of the applicant issued by the Division with a West Virginia
				address;
10.1.h. West Virginia
				Voters Registration Card;
10.1.i.
				Proof of receipt of West Virginia Public Assistance;
10.1.j. West Virginia Homestead tax
				exemption; and
10.1.k. Notarized
				affidavit of homeowner or lessee that the applicant lives at the household
				address and verified by two proofs of residency in the name of the homeowner or
				lessee.
10.1.l. Any other document
				authorized as proof of residency approved under the REAL ID Act of 2005 or rule
				administering it.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-11 - Identity Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Acceptable forms of proof of identity for citizens of the United States are:
11.1.a. A certified original or certified
				copy of a birth certificate;
11.1.b. A valid photo driver's license or
				identification card expired 36 months or less issued by the Division only on a
				not for federal use driver's license and a not for federal use identification
				card;
11.1.c. A valid United States
				passport or passport card;
11.1.d.
				A valid United States active duty, retiree or reservist Military photo
				identification card (DOD IDDD-2) subject to the provisions of WV Code §
										17B-2-8(i) only
				on a not for federal use driver's license and a not for federal use
				identification card;
11.1.e. A
				certificate of United States Citizenship Form N-560;
11.1.f. A certificate of United States
				Naturalization Form N-550 or N-570; and
11.1.g. Any other document authorized as
				proof of identity approved under the REAL ID Act of 2005 or rule administering
				it.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-12 - Proof Of Legal Presence In The United States

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				Division shall not issue a driver's license or identification card to a person
				who is not a citizen of the United States, who does not submit proof
				satisfactory to the Division that the applicant's presence in the United States
				is authorized under federal law and who cannot show that he or she is a
				resident of West Virginia.
12.2.
				Acceptable documents to establish United States citizenship are:
12.2.a. An original or certified birth
				certificate;
12.2.b. A United
				States passport or passport card, currently valid or expired less than 2 years,
				only on a not for federal use driver's license and a not for federal use
				identification card;
12.2.c. A
				Certificate of Naturalization Form N-570;
12.2.d. A Certificate of Citizenship Form
				N-560, N-561, N-565; or
12.2.e. A
				Temporary Resident Card N-688, N-688a, or N-688b.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-13 - Motorcycle License or Endorsement

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. An
				applicant for a motorcycle-only instruction permit shall submit to the
				preliminary examination described in section 4 of this rule except that the
				knowledge examination may contain information from the West Virginia Motorcycle
				Licensing Handbook as well as the West Virginia Driver Licensing
				Handbook.
13.2. An applicant for a
				motorcycle endorsement instruction permit shall present a valid West Virginia
				license, pass the visual acuity test described in section 4 of this rule and
				pass a knowledge examination as described in section 4 of this rule except that
				the examination may contain information from the West Virginia Motorcycle
				Licensing Handbook in addition to the West Virginia Driver Licensing
				Handbook.
13.3. Any applicant under
				this section shall pass a road skill examination designed to test the skills of
				a motorcycle operator and meet the requirements described in section 5 of this
				rule. The Division may exempt any applicant who satisfactorily completes the
				West Virginia motorcycle safety education program from the road skill
				examination. No applicant is eligible for the road skill examination until at
				least seven days after issuance of the motorcycle instruction permit.
13.4. An applicant shall perform the
				motorcycle road skill examinations on a motorcycle with a 50cc engine or
				larger.
13.5. In addition to the
				West Virginia Driver Licensing Handbook, the West Virginia Motorcycle Licensing
				Handbook is the instruction guide of the Division concerning the examination
				and qualification of applicants for a motorcycle license or
				endorsement.
13.6. Any applicant
				for a motorcycle license or endorsement under the age of eighteen shall
				complete the following Graduated Driver's License requirements prior to
				application:
13.6.a. The applicant shall hold
				a level one instruction permit conviction free for one hundred eighty days
				immediately preceding the date of application;
13.6.b. The applicant shall complete either a
				driver's education course approved by the state department of education or
				fifty hours of behind the wheel driving experience certified by a parent or
				legal guardian or other responsible adult over the age of twenty-one on the
				form prescribed by the division: Provided, That nothing in this subdivision
				shall be construed to require any school or any county board of education to
				provide any particular number of driver' s education courses or to provide
				driver' s education training to any student; and
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-14 - Commercial Driver's License

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An
				applicant for a commercial driver's license instruction permit shall complete a
				Commercial Driver's License Application. The applicant shall include a current
				Federal Motor Carrier Safety Administration Medical Examiners Report (physical
				long form) and Medical Examiners Certificate (M.E.C. Card) unless he or she is
				exempt under Title 49 CFR
				§
										390.3 of the Federal Motor Carrier
				Safety Regulations. The applicant shall satisfactorily complete a knowledge
				examination for the Commercial Driver's License and each endorsement as
				prescribed by the Commissioner.
14.2. An applicant for a Commercial Driver's
				License or endorsement shall present a Commercial Driver instruction permit and
				satisfactorily complete any applicable road skill examination as determined by
				the Commissioner.
14.2.a. A first time
				applicant for a Class A or Class B Commercial Driver's License must
				successfully complete an approved Federal Motor Carrier Safety Administration
				Entry Level Driver Training Course before the skills test
				examination.
14.2.b. A first time
				applicant for any class Commercial Driver's License with a School Bus or
				passenger endorsement must successfully complete an approved Federal Motor
				Carrier Safety Administration Entry Level Driver Training Course before the
				skills test examination.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-15 - Non Driver Identification Cards

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				Division may issue a children's identification card to any person two years old
				or older but younger than sixteen years old subject to the following:
15.1.a. A custodial parent or legal guardian
				accompanies the child at the time of application;
15.1.b. The parent or legal guardian provides
				the child's certified birth certificate and social security card. If the child
				is not a citizen of the United States, the parent or legal guardian shall
				provide in lieu of the birth certificate, proof of the child's legal presence
				in accordance with section 12 of this rule;
15.1.c. The parent or legal guardian provides
				proof of West Virginia residency;
15.1.d. The Division may issue children's
				identification card containing less information than a non-driver
				identification card; and
15.1.e The
				Division may use the information from a children's identification card to
				assist law-enforcement officials to locate a missing or kidnapped
				child.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-04 - Examination and Issuance of Drivers License › Section 91-4-16 - Review And Verification Of Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				Division reserves the right to photocopy, review, and verify any document
				submitted to meet the requirements of this rule at any time.
16.2. The Division shall notify the applicant
				or licensee by regular mail to the address of record of its determination and
				may require the applicant to provide the original documents upon his or her
				return to the office for issuance of the driver's license or identification
				card.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes procedures for the denial, suspension, revocation,
				disqualification, restriction, nonrenewal, cancellation, administrative appeals
				and reinstatement of motor vehicle operating privileges.
1.2. Authority. -- W. Va. Code §§
									17A-2-9,
				17B-2B-10, and
				17C-5A-3a.
1.3. Filing Date. - April 3, 2023.
1.4. Effective Date. - May 1, 2023.
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect August 1, 2028.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to motor vehicle operators licensed by the
				Commissioner of Motor Vehicles.
2.2. Enforcement. -- Enforcement of this rule
				is vested with the Commissioner of Motor Vehicles or the Commissioner's lawful
				designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-4 - Reinstatement of Suspended Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Procedures. --The Division shall destroy any license plate received in
				accordance with any of the provisions of the West Virginia Motor Vehicle Safety
				Responsibility Law, Chapter 17D of the Code. Accordingly, upon reinstatement of
				any registration within the registration period, the registrant shall make
				application for a duplicate or substitute registration or license plate upon
				the form prescribed for that purpose and remit the fee required by W. Va. Code
				§
									17A-10-11.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-5 - Agency Action Upon Receiving Notice of Driving While License is Suspended or Revoked

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Pursuant
				to W. Va. Code §
									17B-4-3(c), the
				Division shall, upon receipt of a second or subsequent conviction for a
				violation within the last five years for driving while suspended under the
				provisions of W. Va. Code §
									17B-4-3(a) or
				similar municipal ordinance, shall suspend the licensee's license or privilege
				to operate a motor vehicle for a period of ninety days. This period of
				suspension shall begin ten (10) days from entry of the conviction on the
				records of the Division. The determination that the conviction is the second or
				subsequent conviction shall be based on the records of the Division. In
				accordance with §
									17E-1-7, any conviction for
				driving a commercial motor vehicle (CMV) without a valid commercial driver's
				license (CDL) requires a sixty (60) day suspension of the driving
				privilege.
5.2. Pursuant to W. Va.
				Code §
									17B-4-3(c), the
				Division shall, upon receipt of a conviction for driving while his or her
				license is revoked for a driving under the influence related offense under the
				provisions of W. Va. Code §
									17B-4-3(b) or
				similar municipal ordinance, shall suspend the licensee's license or privilege
				to operate a motor vehicle for a period of six months. This period of
				suspension shall begin ten (10) days from entry of the conviction on the
				records of the Division. The determination that the conviction is for driving
				while the licensee's privilege to operate a motor vehicle while revoked for a
				driving under the influence related offense shall be based on the records of
				the Division.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-6 - Suspending a West Virginia Resident's License upon Conviction in another State or Jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Statutory
				Provisions. -- W. Va. Code §
									17B-3-3 authorizes the
				Commissioner to suspend a resident's license upon conviction for a traffic
				offense in another jurisdiction.
6.2. Procedures. -- The Division shall
				suspend or revoke the driving privileges of any resident of this state upon
				receiving notice of conviction for a traffic offense in another jurisdiction,
				which if committed in this state, would be grounds for the mandatory suspension
				or revocation of driving privileges.
6.3. If the records of the Division disclose
				that a conviction is the second or subsequent conviction for the same offense
				in this or any other Jurisdiction, the Division shall suspend or revoke the
				resident's driving privileges in the same manner as if the traffic offense had
				occurred in this State.
6.4. The
				Division shall restore driving privileges only after the licensee has complied
				with all the provisions of the W. Va. Code and this rule in the same manner
				that would be required if the licensee had been convicted in this
				State.