reglab/statecodes huggingface dataset:
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 91-5-8 - Driver Improvement Course

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Procedures. - Organizations approved by the Division conduct Driver Improvement
				courses at various times and locations throughout the State. The Division shall
				approve the course which is not to exceed fifteen (15) hours but shall consist
				of at least seven (7) hours of instruction time. The approved organization
				shall certify the instructors conducting these courses.
8.1.a. Points to Be Deducted Upon Successful
				Completion. -- Attendance at any Driver Improvement course is voluntary on the
				part of the licensee. Upon successful completion of a course, the Division
				shall deduct three points from the total points shown on the driver record of
				the licensee who has reached the age of eighteen years or older or obtained a
				level three full driver's license. The Division shall deduct points for
				completing a course once during a one (1) year period. Any suspension placed
				against a licensee under the provisions of section seven of this rule will not
				be altered, reduced or expunged by completion of this program.
8.1.b. The Division shall remove three points
				from the licensee's record after the licensee submits a certificate from the
				instructor of the course to the Division of Motor Vehicles, showing that the
				course has been completed by the licensee.
8.1.c. Although the Division shall subtract
				three points from the driver record, the record of all convictions involving
				motor vehicles shall remain so that if at any future time sufficient points are
				accumulated to cause the Division to require another review, the Division may
				consider the conviction for which the points were eliminated along with all
				other convictions of record in the Division in determining the action, if any,
				the Division will take following the review.
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 91-5-13 - Suspension Under Resident Violator Program

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Statutory
				Provisions. -- The Division is required to suspend the driver's license of any
				person under the provisions of W. Va. Code §§
									17B-3-3a and
				17B-3-3c upon receipt of
				notification from a Circuit, Magistrate or Municipal Court of this State that
				the licensee has either failed to respond or appear in court when charged with
				a violation of the W. Va. Code. The Division may not act on any failure to
				respond or appear report transmitted to the Division more than one year from
				the date of the offense or violation of a probation order.
13.2. Notification. --Upon notification of
				noncompliance with the terms of the citation from a Circuit, Magistrate or
				Municipal Court, the Division shall send the licensee an order of suspension to
				the address of record by certified mail, return receipt requested. The order of
				suspension shall indicate that the licensee's privilege to operate a motor
				vehicle is suspended until proof of compliance with the citation is submitted
				and all applicable fees are paid.
13.3. Proof of Compliance. -- Proof of
				compliance means certification from the court in the form of a satisfaction of
				judgement receipt which shows that the requirements of the citation have been
				met.
13.4. Failure to Respond. --
				If the Division does not receive proof of compliance, the licensee's privilege
				to operate a motor vehicle shall remain suspended until such time as the
				Division receives proof of compliance with the terms of the citation from the
				licensee, and the appropriate fees are paid.
13.5. Administrative Hearing. -- The licensee
				may appeal a suspension by requesting a hearing within ten (10) days of receipt
				of the Order. The scope of the hearing is whether or not the person having a
				license suspended is the same person to whom the citation was issued.
13.6. Reinstatement. -- The licensee shall
				pay the fees provided in W. Va. Code §
									17B-3-9, in addition to providing
				proof of compliance with the citation prior to reinstatement of a suspended
				driver's license.
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 91-5-14 - Municipal Citations and Miscellaneous Court Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1 Municipal
				Citations. - Upon receipt of a conviction from a municipal court or other
				lawfully established court for a violation of an ordinance or law where such
				ordinance or law is substantially similar to any provision of the Code of West
				Virginia, the Division shall enter a suspension, revocation, restriction or
				other driver's license or vehicle registration sanction consistent with the
				action required by the West Virginia Legislature as if the person was convicted
				of violating the Code of West Virginia notwithstanding any action required or
				prohibited by the municipal ordinance or law.
14.2 Miscellaneous Court Orders. - Upon
				receipt of a sentencing order, terms of probation, or other lawful court order
				subjecting a person to a driver's license or vehicle registration sanction
				where no mandatory sanction exists in the Code of West Virginia, the Division,
				in the Commissioner's discretion, may enter the sanction ordered by the court.
				Upon entry of any sanction under this subsection, the Division shall assess and
				collect fees established in the Code of West Virginia prior to the
				reinstatement of any driver's license or vehicle registration
				sanctioned.
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 91-5-15 - Suspending or Restricting a Licensee for Failure to Maintain Court Ordered Child Support Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Statutory
				Provisions. -- In accordance with the provisions of W. Va. Code §
									48-15-101 et seq. and §
									17B-3-6(a), the
				Division is required to suspend or restrict the driving privileges of any
				person upon notification from a Circuit Court of this state that the person has
				failed to pay overdue child support or comply with subpoenas or warrants
				relating to paternity or child support proceedings. The provisions of W. Va.
				Code §
									48-15-101 et seq. prohibit the
				Division from issuing or renewing a driver's license to any person who fails to
				certify that he or she does not have a child support obligation or that he or
				she is not more than six months in arrearage and is not the subject of a child
				support related subpoena or warrant. This rule is implemented to conform to the
				mandates of the federal Personal Responsibility and Work Opportunity
				Reconciliation Act of 1996 and in accordance with Dababhah v. West Virginia
				Board of Medicine, 207 W. Va. 621, 535 S.E. 2d 20 (2000).
15.2. Types of Action against License. -- The
				Division, in accordance with the provisions of W. Va. Code §
									48-15-101 et seq., shall take the
				following action against an applicant or licensee:
15.2.a. Nonrenewal or Suspension. -- In
				accordance with the provisions of W. Va. Code §
										17B-3-6(a)(10),
				the Division shall suspend or refuse to renew the driver's license of a
				licensee upon receipt of:
15.2.a.1. A Court
				order suspending the license; or
15.2.a.2. Certification from the Child
				Support Enforcement Division that the licensee has failed to comply with a new
				or modified Court order that stayed a previous suspension.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for licensing of motor vehicle
				dealers, wrecker/dismantler/rebuilders, license services, automobile auctions,
				vehicle leasing and rental companies and administrative due process.
1.2. Authority. -- West Virginia Code
				§§
									17A-2-9,
				17A-6-2a,
				17A-6-5a,
				17A-6-3, 17A- 6B-13, 17A-6C-17
				and 17A-6D-15.
1.3. Filing Date. -
				April 1, 2024.
1.4. Effective Date.
				- April 1, 2024
1.5. Sunset
				Provision. -- August 1, 2029.
1.6.
				Application and Enforcement -- This legislative rule applies to applicants and
				licensees of businesses subject to the provisions of W. Va. Code §§
									17A-6A-1 et seq.; 17A-6B-1 et
				seq.; 17A- 6C-1 et seq. and persons engaged in the business of leasing and
				renting motor vehicles. Enforcement of this legislative 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 91-06 - Dealer Licensing › Section 91-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Class D"
				refers to a dealership in the business of selling and leasing new and used
				motor vehicles.
2.2. "Class DUC"
				refers to a dealership in the business of selling used motor
				vehicles.
2.3. "Class DTR" refers
				to a dealership in the business of selling trailers and/or house
				trailers.
2.4. "Class DRV" refers
				to a dealership in the business of selling recreational vehicles.
2.5. "Class F" refers to a dealership in the
				business of selling motorcycles.
2.6. "Class WDR" refers to the business of
				wrecking, dismantling, and/or rebuilding of motor vehicles.
2.7. "Class AA" refers to a business of
				running an automobile auction business.
2.8. "Dealer Services" means the dealer
				services section of the Division of Motor Vehicles.
2.9. "Division" means the West Virginia
				Division of Motor Vehicles.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-3 - Application for License to Sell, Lease, Rent, and Auction Motor Vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				applications for a license to deal in motor vehicles, including the selling,
				renting, or leasing of new and/or used motor vehicles, operating an automobile
				auction business, and operating as a wrecker/dismantler/rebuilder of motor
				vehicles, shall be submitted on the form approved by the Commissioner, which
				contains all information required by W. Va. Code §
									17A-6-4, the certificate of
				insurance described in §
									17A-6-4(a) and
				the bond payable to the State described by §
									17A-6-4(f). The
				applicant shall provide all information with as much detail as required and
				must pay the required fee. If the applicant fails to do so, the Division may
				return the application to the applicant without further processing. An
				inspection of the proposed location will be performed and any other
				investigation the commissioner considers necessary before a license will be
				approved.
3.2. If an applicant
				wishes to engage in more than one class of dealership, a separate license
				certificate must be obtained for each type of dealership.
3.3. All licensees identified in any section
				of this rule must participate in the Division's electronic lien and title
				program.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-4 - License Services - General

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application for License.
4.1.1. In accordance with the provisions W.
				Va. Code §
										17A-6B-1, any person processing
				Division of Motor Vehicles documents for compensation when the service is
				offered to the general public shall first obtain a license certificate to
				operate a License Service business. For the purpose of this rule the term,
				"persons processing Division of Motor Vehicles documents for compensation" does
				not include bonafide full time employees of a licensed motor vehicle dealer
				processing documents related to a vehicle sold by the dealer. The employee may
				not be employed by more than one dealership to be exempted from the licensing
				requirements of this rule.
4.1.2.
				All applications for a license shall be submitted in a format approved by the
				Commissioner. The applicant shall complete the application in full. If the
				applicant fails to complete the application in full, the Division may return
				the application to the applicant without further processing.
4.1.3. The licensee shall file an application
				for renewal of a license with the Division at least thirty (30) days prior to
				the expiration of the current license. The licensing period is January 1 to
				December 31. If the renewal application is not filed at least thirty (30) days
				prior to the expiration of the license, any documents submitted to the Division
				after December 31 will not be processed until the renewal application is
				completed.
4.1.4. For the purpose
				of this section, the term applicant, has the following meaning; a person
				operating in his or her own name or under the trade name, two or more partners
				operating in his or her own name or under a trade name, two or more partners
				operating under a co-partnership name or under a trade name, or the officers
				and directors of a corporation operating under the corporation's
				name.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-5 - Dealership Premises

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Established Place of Business for All Classes of Dealers. If an established
				place of business is required by statute, it must include all of the following:
5.1.1. A permanent structure, owned or leased
				and actually occupied or to be occupied by licensee/applicant;
5.1.2. Easily accessible to the public and in
				compliance with all state laws and municipal ordinances;
5.1.3. Have adequate facilities to keep,
				maintain and preserve records, papers and documents necessary to carry on the
				business and in such a way as to be available for inspections by the
				commissioner at all reasonable times, either on site or electronically;
5.1.3.a. To comply with the above paragraph,
				the dealership shall inform the Division of its hours of operation and the
				hours shall be posted at the dealership location. If the dealership changes the
				hours of operation or plans to be closed for an extended period of time, the
				licensee shall inform the Division:
Provided
, that for Class
				DUC, the Division shall schedule a date and time for inspection by the
				commissioner between the hours of 9:30 a.m. and 5:00 p.m., Monday through
				Friday. The division shall provide at least 48 hours' advance electronic or
				telephonic notice of an inspection.
5.1.4. The license certificate, insurance
				certificate, and surety bond shall be prominently displayed in the dealership
				office.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-6 - Off-Premises Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prior
				Approval. A licensee shall not display or sell motor vehicles, motorcycles,
				trailers, house trailers or recreational vehicles at a location other than the
				licensed location or locations or participate at an industry wide public
				vehicle shows and exhibitions unless the Commissioner grants an off-premises
				permit. The licensee shall request approval at least ten (10) days prior to the
				date the temporary location is to be established.
6.2. Term of Approval. The Commissioner may
				approve subject to the following:
6.2.1.
				Display Only. An off-premises permit for display only of vehicles may be
				approved for a period of time not to exceed one (1) year. The Commissioner may
				renew the permit for the succeeding year for the recurrent display of vehicles
				at any one specific location. An applicant for renewal shall submit an
				application to the Commissioner at least thirty days prior to the expiration of
				the permit. Any applicant denied the issuance or non-renewal of an off-premises
				permit for display only may appeal the denial to the Motor Vehicle Dealer
				Advisory Board created in accordance with W.Va. Code §
										17A-6-18a.
6.2.2. Display and Sale. An off-premises
				permit for the display and sale of vehicles may be approved for a period of
				time not to exceed ten (10) days. The Commissioner shall not issue more than
				eight (8) display and sale permits to a licensee in one fiscal year, for the
				recurrent display and sale of vehicles at any one specific
				location.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-7 - Dealer Special Plates

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each
				licensed dealer will receive hard plates with the dealer class and number
				permanently printed on the plate. Stickers with the month and year of the
				plate's expiration will accompany the plates. It is the dealer's responsibility
				to properly affix the stickers to the plates.
7.2. Upon renewal of the dealership's license
				certificate, new stickers will be sent to the dealer by the division with a new
				expiration date, and again it will be the dealer's responsibility to properly
				affix the stickers to each of his or her plates.
7.3. Failure to properly affix the stickers
				described above will result in a citation upon a first offense, and if the
				sticker is not properly affixed to the plate(s) within ten (10) days of receipt
				thereof, may result in additional action in accordance with W.Va. Code §
									17A-6-18.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-8 - Vehicle Leasing Companies Lessor License

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The lessor of any vehicle which is
				subject to the tax on monthly payments in lieu of the privilege tax pursuant to
				W. Va. Code §
									17-3-4(b)(6),
				shall make application to the Commissioner for a lessor license on a form
				prescribed by the Commissioner. However, a lessor whose business consists of
				less than five motor vehicle leases a year to residents of West Virginia is not
				subject to this rule if he or she chooses to pay the privilege tax in lieu of
				the monthly payments.
8.2. The
				application shall include:
8.2.1. A
				non-refundable fee of two hundred and fifty ($250) dollars;
8.2.2. An application completed in a manner
				prescribed by the Commissioner and sworn to by the lessor, or if the lessor is
				a corporation by an officer authorized to execute the documents;
8.2.3. A financial statement reported on the
				form prescribed by the Commissioner showing a net worth of at least
				seventy-five thousand ($75,000) dollars;
8.2.4. A bond in the penal sum of twenty-five
				thousand ($25,000.00) dollars, payable to the State, from a corporate surety
				authorized to do business in this state, to ensure that the applicant will not,
				in the conduct of his or her business, made any fraudulent representation which
				causes a financial loss to any purchaser, seller, financial institution,
				agency, or the state of West Virginia. The bond shall be effective on the date
				the license certificate is issued. A licensee shall keep the bond in full force
				and effect at all times. The surety on the bond may cancel the bond upon giving
				thirty days notice to the commissioner and thereafter is relieved of liability
				for any breach or condition occurring after the effective date of the
				cancellation; and
8.2.5 Any other
				documents or records as the Commissioner may require to verify the information
				provided on the application, and/or the financial condition of the applicant or
				its leasing business.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-9 - Temporary Registration Plates

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The licensee shall keep a record of all
				temporary registration plates issued by the dealership for a period of three
				(3) years from the date of issuance.
9.2. The licensee shall not issue, assign,
				transfer or deliver a temporary registration plate to anyone other than the
				bona fide purchaser of the vehicle sold or delivered by the
				dealership.
9.3. The licensee shall
				not issue a temporary registration plate for a vehicle which has been purchased
				from another dealer.
9.4. The
				licensee shall not issue a second temporary registration plate on a vehicle
				previously assigned a West Virginia temporary registration plate. A licensee
				shall not extend the time for which a temporary plate is valid.
9.5. The licensee shall not intentionally
				issue a temporary registration plate containing any misstatement of
				fact.
9.6. If it is determined by
				the Division that a licensee is not in compliance with the provisions of law
				and this legislative rule relative to temporary registration plates, the
				Commissioner may suspend the right of the licensee to issue temporary
				registration plates pursuant to W. Va. Code §
									17A-6-15(f).
9.7. If the temporary registration plates are
				issued electronically, the information needs to be verified before the plate is
				issued. The electronic system will issue temporary plates in random order and
				will record them electronically.
9.8. A dealership may submit title, tax and
				registration work through a licensed West Virginia license service.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-10 - Dealer Franchise Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Each licensee conducting a business in
				new motor vehicles or house trailers shall obtain a franchise from the
				manufacturer to sell a particular brand of motor vehicle or house
				trailer.
10.2. The licensee shall
				submit on any original or renewal application, or upon the request of the
				Division, a copy of the franchise or sales agreement the licensee has with the
				manufacturer.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-11 - Unlicensed Dealers

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any
				person who engages, represents or advertises that he or she is engaged in or
				intends to engage in the business of new motor vehicle dealer, used motor
				vehicle dealer, house trailer dealer, trailer dealer, recreational vehicle
				dealer, motorcycle dealer, or wrecker/dismantler/rebuilder dealer in this
				State, without first obtaining a license certificate is in violation of W. Va.
				Code §
									17A-6-3, and is, in addition to
				any other penalty, subject to civil penalties pursuant to the provisions of W.
				Va. Code §
									17A-6-3(c).
11.2. Any titles presented to the division
				for processing by a person who has been identified by the division as an
				unlicensed dealer will not be processed.
11.3. The civil penalties provided by W. Va.
				Code §
									17A-6-3(c) shall
				be levied by the Commissioner upon receipt of information which gives the
				Commissioner reason to believe that a violation of W. Va. Code §
									17A-6-3 has occurred. A
				rebuttable presumption exists that a person is engaged in the business of a
				dealer if he or she sells ten or more used motor vehicles or five or more of
				any other type of vehicle requiring a license to engage in the business of
				selling the vehicle in a twelve (12) month period. The Commissioner may request
				any additional information or investigation he or she considers necessary
				before levying any civil penalty.
11.4. The civil penalty assessed shall not
				take effect until the Commissioner sends by certified mail return receipt
				requested to the person in violation of W. Va. Code §
									17A-6-3, a notice of violation
				finding that the person has committed an offense. The notice shall contain:
11.4.1. A statement of the offense the person
				committed;
11.4.2. A summary of the
				facts on which the finding of a violation was made;
11.4.3. The amount of the civil penalty which
				is being levied; and
11.4.4. An
				order that the person:
11.4.4.a. Cease and
				desist from all future violations and pay the civil penalty; or
11.4.4.b. Protest in writing the findings of
				the Commissioner and or the amount of the assessed penalty and request a
				hearing in accordance with the provisions of this subsection and of section 8
				of this rule.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-12 - Administrative Appeals Of Commissioner's Orders Or Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any applicant or licensee or any other
				party, adversely affected by an order made and entered by the Commissioner in
				accordance with the provisions of W. Va. Code §§
									17A-6-1 et seq.; 17A-6B-1 et
				seq.; or 17A-6C-1 et seq. and/or this legislative rule, may request a hearing
				in accordance with the provisions of West Virginia Legislative Rules, Division
				of Motor Vehicles, 91CSR1, Administrative Due Process.
12.2. The applicant or licensee may request a
				stay of the commissioner's order for good cause pending the outcome of the
				hearing. The request must be in writing and must state the specific reason or
				reasons why the order should be stayed. The stay will be granted or denied at
				the commissioner's discretion.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-13 - Daily Passenger Rental Car Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				A daily passenger rental car tax of one dollar for each rental day or part of a
				day of the rental transaction contract is imposed on the rental of daily
				passenger vehicles in accordance with the provisions of W. Va. Code §
									17A-3-4(b)(11).
				For the purposes of this section, a daily rental transaction is defined as one
				twenty-four-hour period within the terms of the contract rental day regardless
				of time of contract start or finish. Contracts for less than a twenty-four-hour
				period are also defined as a transaction. This tax is in addition to the taxes
				imposed by W. Va. Code §
									11-15-1 et seq and §11-15a-1
				et seq. The Daily Passenger Rental Car Business licensee shall collect the tax
				on each vehicle rental transaction originating in this state regardless of
				where the vehicle is titled or registered and shall remit all taxes collected
				to the Division of Motor Vehicles on a monthly basis.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-14 - Dealer Recovery Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The Dealer
				Recovery Fund Control Board shall consider only claims submitted for the
				purposes enumerated in W. Va. Code §
									17A-6-2a (h).
				The Board will not consider claims for attorney fees, accrued interest,
				punitive damages or claims submitted by or on behalf of a person or financial
				institution that lends money or credit to a dealer and holds the dealer's
				inventory as collateral or payment of the loan or credit, commonly referred to
				as floor planners.
14.2. Any dealer
				who is exempted from the surety bond requirement in accordance with W. Va. Code
				§
									17A-6-2a(c)(1)
				who subsequently is subject to a claim, civil penalty, suspension or revocation
				shall, within 30 days of notice to the licensee from the Division, obtain a new
				surety bond and shall maintain the bond for a period of three licensing years
				before the dealer would qualify again for the exemption.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-15 - Transportation Network Company Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. This section implements W. Va. Code
				§
									17-29-1 et seq. providing a
				process for Transportation Network Companies to obtain permits and operate in
				this state.
15.1.1. A Transportation Network
				Company (TNC) is a corporation, partnership, sole proprietorship, or other
				entity that is licensed pursuant to Article 29 of Chapter 17 of the West
				Virginia Code and operating in West Virginia that uses a digital network to
				connect transportation network company riders to transportation network company
				drivers who provide prearranged rides. A transportation network company does
				not control, direct or manage the personal vehicles or transportation network
				company drivers that connect to its digital network, except where agreed to by
				written contract. Effective July 1, 2016 the West Virginia Division of Motor
				Vehicles will start issuing Transportation Network Company (TNC) permits to
				allow such companies to provide prearranged rides.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-06 - Dealer Licensing › Section 91-6-16 - Dealer Conduct on Division Premises and Engaging with Division Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Every motor
				vehicle dealer and employee therefor, shall conduct themselves in a
				professional manner on division premises and shall treat division employees,
				including field inspectors, with professional courtesy and respect.
16.2. Any motor vehicle dealer, or employee
				thereof, who intentionally disrupts the peaceful conduct of division business
				in any way, or verbally abuses a division employee, including shouting,
				cursing, name-calling, or in any other way harasses a division employee, shall
				be refused service for 24 hours.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-07 - Special Permits › Section 91-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish procedures for persons applying for special
				vehicle permits.
1.2. Authority. --
				W. Va. Code '17A-2-9.
1.3. Filing Date. -- September 24,
				1971.
1.4. Effective Date. --
				October 24, 1971.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-07 - Special Permits › Section 91-7-2 - Application and enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- These legislative rules apply to persons applying for special
				vehicle permits.
2.2. Enforcement.
				-- Enforcement of these legislative rules is vested with the Commissioner of
				Motor Vehicles or lawful designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-07 - Special Permits › Section 91-7-4 - House trailer one trip special permits or stickers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. W. Va. Code
				17A-7-3
				provides that one trip house trailer special permits or stickers may be issued
				to any person who is authorized by West Virginia Public Service Commission to
				engage in the business of moving house trailers for hire subject to the
				provisions and procedures outlined herein.
4.2. Any person having such authority may
				make application to the Department of Motor Vehicles for such house trailer one
				trip special permits or stickers. No more than twenty (25) special permits or
				stickers shall be issued on any one application. A fee of two dollars ($2.00)
				for each permit or sticker must accompany the application.
4.3. Department Form Number MV-126-TR-IA,
				transporters application for house trailer one trip permit, is the only form of
				application the Department will accept for such permits or stickers. The
				application must be completed in every detail, signed by the person having the
				authority to engage in the business of moving houses for hire and acknowledged
				by a Notary Public.
4.4. Such house
				trailer one trip special permit or sticker shall be valid for the movement of a
				house trailer one time only over the streets and highways of this state, and no
				more than one such permit or sticker shall be issued for the same house trailer
				while owned by the same person.
4.5. No house trailer one trip special permit
				or sticker shall be issued or used by a house trailer or trailer
				dealer.
4.6. Before moving any such
				house trailer, the transporter or person having Public Service Commission
				authority to engage in the business of moving a house trailer shall issue such
				a house trailer one trip special permit or sticker to the owner of the house
				trailer that is to be moved. It is the responsibility of the transporter to see
				that the permit or sticker is properly executed and that all the information
				requested on the permit or sticker is inserted clearly and legibly
				therein.
4.7. It shall also be the
				responsibility of the transporter to make certain that the permit or sticker is
				properly affixed to the house trailer, in accordance with the instructions
				outlined on the permit or sticker, prior to any movement of the house trailer
				on the highways.
4.8. No refund or
				credit of fees paid by the transporter for such House trailer one trip special
				permits or stickers shall be allowed for any reason whatsoever.
4.9. Any fraudulent or misleading statements
				or improper use of said house trailer special permits or stickers or failure to
				comply with the regulations contained herein would be considered cause for the
				immediate revocation of such house trailer special permits or stickers and all
				the privileges granted a transporter engaged in the business of moving house
				trailers for hire.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-07 - Special Permits › Section 91-7-6 - Eligibility and requirements necessary to issue an authorized emergency vehicle permit

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. W.
				Va. Code '17C-1-6
				defines an authorized emergency vehicle as follows:
"Authorized emergency vehicle means vehicles of a fire
				  department, police vehicles, and such ambulances and emergency vehicles of
				  municipal departments or public service corporations as are designated or
				  authorized by the Commissioner or the chief of police or an incorporated city
				  and such privately owned ambulances and emergency vehicles as are designated by
				  the Commissioner."
6.2.
				Upon mature consideration by the Commissioner, it is determined that authorized
				emergency vehicles, as defined in the W. Va. Code, requires administrative
				regulations in order to property administer the provisions of the W. Va. Code
				and to serve the best interest of the public. No emergency vehicle permit will
				be issued unless there is compliance with the provisions of the administrative
				regulation outline herein.
6.3.
				Vehicles classified and used as fire fighting equipment would be eligible for
				an emergency vehicle permit if the vehicles are registered and operated by any
				of the departments, corporations, companies or individuals outlined herein.
6.3.a. Vehicles classified and used as fire
				fighting equipment owned and operated by a state, county or municipal fire
				department.
6.3.b. Vehicles
				classified and used as fire fighting equipment owned and operated by a
				volunteer fire department organized and incorporated under the laws of the
				State of West Virginia for protection of life and property.
6.3.c. Vehicles classified and used as fire
				fighting equipment owned and operated by a state, county or municipal civil
				defense organization.
6.3.d.
				Vehicles classified and used as fire fighting equipment owned and operated by a
				public service corporation.
6.3.e.
				Vehicles classified as fire fighting equipment owned and operated by a
				manufacturer engaged in a type of business that requires fire fighting
				equipment to protect the safety of their plant and its employees.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-08 - Disclosure Of Information from The Files Of The Division Of Motor Vehicles › Section 91-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures for the Division's disclosures of
				information and other requests for information made to the Division.
1.2. Authority. -- W. Va. Code §§
									17A-2-9,
				17A-2A-12,
				17D-2-2,
				29A-1-1
				et seq.
1.3. Filing Date. -- April
				15, 2008.
1.4. Effective Date. --
				July 1, 2008.
1.5. Repeal of Former
				Rule. -- This legislative rule repeals and replaces West Virginia Legislative
				Rules, Division of Motor Vehicles 91 CSR 8 Policies Pertaining to the
				Collection, Filing, and Distribution of Information from the Files of the
				Department of Motor Vehicles as filed August 14, 1974 and effective September
				13, 1974.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-08 - Disclosure Of Information from The Files Of The Division Of Motor Vehicles › Section 91-8-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This legislative rule applies to persons requesting information
				from the Division of Motor Vehicles.
2.2. Enforcement. -- Enforcement of this
				legislative rule is vested with the Commissioner of Motor Vehicles or his or
				her lawful designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-08 - Disclosure Of Information from The Files Of The Division Of Motor Vehicles › Section 91-8-3 - Statutory Background

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Uniform Motor Vehicle Records Disclosure Act requires the Division of Motor
				Vehicles to disclose information, including personal information, maintained in
				its motor vehicle records. The Act mandates disclosure dependent on who is
				making the request, the type of information requested, and the proposed use of
				the information.
3.2. Personal
				information disclosure may be further restricted by the Health and Insurance
				Portability Accountability Act, 42 U.S.C. §1301 et seq.
3.3. W. Va. Code §
									17A-6-4
				prohibits the disclosure of information contained in a motor vehicle dealership
				file. If the information requested is not personal information as defined by
				the Act, the information may be released if permitted by the Freedom of
				Information Act, W. Va. Code §
									29B-1-1 et
				seq. and § 17A-2A-1 et seq.
3.4. The Act is based on a federal government
				requirement to regulate the disclosure of personal information from motor
				vehicle agencies.
3.5. The purpose
				of the Act is to implement the federal Drivers Privacy Protection Act of 1994,
				18 U.S.C. §2721 et seq. in order to protect the interest of individuals in
				their personal privacy by prohibiting the disclosure and use of personal
				information contained in their motor vehicle record, except as authorized by an
				individual or by law.
3.6. The Act
				allows the Division to promulgate rules in accordance with chapter
				twenty-nine-a of the West Virginia Code to carry out the purposes of the
				Act.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-08 - Disclosure Of Information from The Files Of The Division Of Motor Vehicles › Section 91-8-4 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. "Appropriate
				identification" means an original or a legible photocopy of the driver's
				license or state-issued identification card of the person requesting personal
				information. If the person is a corporation or business, an employee of the
				company shall provide a copy of his or her driver's license or state-issued
				identification card.
4.2.
				"Consensual users" means persons to whom the Division may disclose personal
				information pursuant to W. Va. Code §
									17A-2A-6.
				Under that section, personal information may be disclosed by the Division with
				written permission of the person about whom the information is
				sought.
4.3. "Permitted users"
				means persons allowed to receive information as defined by the permitted
				disclosures section of the Act found in W. Va. Code §
									17A-2A-7.
				Persons who want copies of their own records are permitted users and may obtain
				copies of their own records.
4.4.
				"Requestor" means any person who requests personal information from the
				Division.
4.5. "Required users"
				means persons to whom the Division must disclose personal information as
				mandated under W. Va. Code §
									17A-2A-5.
4.6. "Uniform Motor Vehicle Records
				Disclosure Act" or "Act" means the provisions of W. Va. Code §
									17A-2A-1 et seq.
				pertaining to the implementation of the federal Drivers Protection Act of 1994
				in this state.
4.7. "Written
				permission" includes a copy of a power of attorney, a completed Division waiver
				form, or a written statement signed and dated by the individual about whom the
				information is sought.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-08 - Disclosure Of Information from The Files Of The Division Of Motor Vehicles › Section 91-8-5 - Disclosure of Records that do not contain personal information

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Verbal
				Requests. The Division may disclose records that do not contain personal
				information upon verbal request.
5.1.a.
				Division employees may confirm information over the telephone given by the
				person requesting the information.
5.1.b. Division employees may disclose
				information over the telephone regarding the status of vehicle titles, and
				vehicle registrations including the vehicle identification number, the year,
				the make, and the model of vehicles registered or titled in West
				Virginia.
5.1.c. Division employees
				may disclose information over the telephone concerning the status of driver's
				licenses and identification cards including revocations, suspensions, and
				citations.
5.1.d. Division
				employees may disclose information over the telephone regarding the status of a
				dealership license including final revocations, suspensions, and civil
				penalties.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-08 - Disclosure Of Information from The Files Of The Division Of Motor Vehicles › Section 91-8-6 - Disclosure of Records that contain personal information

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Verbal Requests. The Division may not
				disclose records that contain personal information upon verbal
				request.
6.2. Written Requests. The
				Division shall disclose records that contain personal information if the
				request is in writing on a form prescribed by the Division, if the request is
				for a legitimate purpose, if the requestor pays the required fees, and if the
				requestor provides proper identification. Records shall be disclosed only to
				required users, consensual users, or permitted users pursuant to the Act.
6.2.a. Permitted Users.
1. Requestors may obtain their own driver
				records at any branch office of the Division. All other requests must be
				processed through the Charleston Capitol office at the following address:
Attention: Driver Records
WVDMV
1800 Kanawha Blvd., E
Charleston, WV 25317
2. Obtaining Another Person's Driver's
				License Records. All driver records released will cover a five-year period.
				Courts, law enforcement agencies, government agencies, and employers may
				request records covering a longer period.
3. Requesting Vehicle Records. Requestors may
				obtain their own vehicle records and other persons' vehicle information, if
				permitted, by sending a written request to the Charleston Capitol office at the
				following address:
Attention: Vehicle Records
WVDMV
1606 Washington Street, E
Charleston, WV 25317