95 sections in this chapter.
W. Va. Code § 17B-2B-7 Renewal of license
1.0K chars
(a) A Class G driver's license is valid for no more than two years. (b) To renew a Class G driver's license, the licensee must submit a report of a comprehensive vision examination by a vision specialist at least ninety-days prior to expiration of the license. (c) If the vision s…
W. Va. Code § 17B-2-7A Driver’s Licensing Advisory Board
2.6K chars
(a) The Driver’s Licensing Advisory Board is hereby continued. The board shall consist of five members to be appointed by the Governor, by and with the advice and consent of the Senate, for terms of three years, commencing July 1, 2018: Provided, That as to the members first appo…
W. Va. Code § 17B-2-7B Separate examination and endorsement for a license valid for operation of motorcycle
2.6K chars
(a) The State Police shall administer a separate motorcycle examination for applicants for a license valid for operation of a motorcycle. On and after July 1, 2000, the Division of Motor Vehicles shall administer the examination provided for in this section. Any applicant for a l…
W. Va. Code § 17B-2-7C Motorcycle license examination fund
3.0K chars
On and after July 1, 2007, any unexpended balance remaining in the Motorcycle License Examination Fund heretofore created shall be transferred to the Motor Vehicle Fees Fund created under the provisions of section twenty-one, article two, chapter seventeen-a of this code. The fun…
W. Va. Code § 17B-2-8 Issuance and contents of licenses; fees
4.4K chars
(a) The division shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver’s license, which shall indicate the type or general class or classes of vehicle or vehicles the licensee may operate in accordance with this chapter or Chapter 17E of t…
W. Va. Code § 17B-2B-8 Suspension, revocation and reinstatement of license
1.3K chars
(a) The commissioner may immediately suspend the Class G driver's license of any driver who is involved in an accident resulting in bodily injury or death, violates the restrictions placed on his or her license or is convicted of more than one moving violation within a twelve-mon…
W. Va. Code § 17B-2-9 License to be carried and exhibited on demand; penalty
0.7K chars
(a) Every licensee shall have his or her driver's license in such person's immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a magistrate, municipal judge, circuit court judge, peace officer, or an employee of the division…
W. Va. Code § 17B-2B-9 Commissioner and director to collect information regarding Class G licensees; report to Legislature
1.4K chars
(a) The commissioner shall collect and monitor information regarding accidents, license suspensions and revocations and convictions of Class G licensees. (b) On or before February 1, of each year after the first Class G driver's license is issued: (1) The commissioner shall provi…
W. Va. Code § 17B-2-9A Exemptions of certain railroad workers
0.7K chars
Notwithstanding any provision of this code to the contrary, in any circumstance involving an accident or alleged violation of law in which the engineer or any other crew member of any train is detained by any law-enforcement officer, the engineer and all crew members shall not be…
W. Va. Code § 17B-3-1 Authority of division to cancel license
0.5K chars
The division is hereby authorized to cancel any operator's or chauffeur's license in any of the following events: (1) When the division determines that the licensee was not entitled to the issuance thereof hereunder; or (2) When said licensee failed to give the required or correc…
W. Va. Code § 17B-3-10 No operation under foreign license during suspension or revocation in this state
0.5K chars
Any resident or nonresident whose operator's or chauffeur's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license, permit, or registration ce…
W. Va. Code § 17B-3-11 Mandatory revocation of license of certain blind persons
0.3K chars
The department shall forthwith revoke the license of any operator or chauffeur upon receipt of certification by the commissioner of welfare that he is a blind person receiving public assistance or that his application for public assistance because of blindness has been approved b…
W. Va. Code § 17B-3-12 Mandatory suspension for fraudulent use of driver's license
2.7K chars
(a) The commissioner shall suspend for a period of ninety days the driver's license of any person upon receipt of a sworn affidavit from any law-enforcement officer, employee of the Alcohol Beverage Control Commission or employee of the Division of Motor Vehicles stating that the…
W. Va. Code § 17B-3-13 Reports by health care providers
3.0K chars
(a) Health care providers licensed and authorized pursuant to chapter thirty of the code to diagnose or treat diseases, disorders, disabilities or conditions, may notify the division in writing of the full name, date of birth and address of every person fifteen years of age or ol…
W. Va. Code § 17B-3-2 Suspending privileges of nonresidents and reporting convictions
0.6K chars
The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the department in like manner and for like cause as an operator's or chauffeur's license issued hereunder may be suspended or re…
W. Va. Code § 17B-3-3 Suspending resident's license upon conviction in another state
0.4K chars
The department is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of an offense therein which, if committed i…
W. Va. Code § 17B-3-3A Suspending license for failure to respond or appear in court
0.9K chars
(a) The division shall suspend the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a magistrate court or municipal court of this state that such person has failed to respond or appear in cou…
W. Va. Code § 17B-3-3C Suspending license for failure to appear in court
3.4K chars
(a) The division shall suspend the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a circuit court, magistrate court, or municipal court of this state, pursuant to §8-10-2b or §62-4-17 of th…
W. Va. Code § 17B-3-4 Abstract of judgment of conviction for violation of motor vehicle laws to be sent to division
1.2K chars
Whenever a conviction is had in any court of record, or in a justice's court, or in the police court or mayor's court of any incorporated municipality, for the violation of any law of this state governing or regulating the licensing or operation of any motor vehicle, or for the v…
W. Va. Code § 17B-3-5 Grounds for mandatory revocation of license by department
1.7K chars
The division shall immediately revoke the license of any operator or chauffeur upon receiving a record of such operator's or chauffeur's conviction of any of the following offenses, when such conviction has become final: Provided, That if the convicted driver had not reached his …
W. Va. Code § 17B-3-6 Authority of division to suspend, restrict, or revoke license; hearing
5.5K chars
(a) The division is hereby authorized to suspend, restrict, or revoke the driver’s license of any person without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee: (1) Has committed an offense for which mandatory revocation of a driv…
W. Va. Code § 17B-3-7 Department may require reexamination
0.7K chars
The department, having good cause to believe that a licensed operator or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least five days to the licensee require him to submit to an examination. Upon the conclusion of such examinat…
W. Va. Code § 17B-3-8 Suspension for more than one year
0.2K chars
The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except as provided in chapter seventeen-c of this code.
W. Va. Code § 17B-3-9 Surrender and return of license not required
0.6K chars
The Division, upon disqualifying, downgrading, suspending or revoking a license, may not require that the license be surrendered to and be retained by the Division. The surrender of a license may not be a precondition to the commencement and tolling of any applicable period of su…
W. Va. Code § 17B-4-1 Unlawful use of license or nonoperator's identification; license and nonoperator's identification violations generally
1.0K chars
It is a misdemeanor for any person to commit any one of the following acts: (1) To display or cause or permit to be displayed or have in his possession any fictitious or fraudulently altered operator's or chauffeur's license or nonoperator's identification; (2) To lend his operat…
W. Va. Code § 17B-4-2 False affidavits
0.3K chars
Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punished by fine or imprisonment as other persons committing…
W. Va. Code § 17B-4-3 Driving while license suspended or revoked; driving while license revoked for driving under the influence of alcohol, controlled substances or drugs, or while having alcoholic concentration in the blood of eight hundredths of one percent or more, by weight, or for refusing to take secondary chemical test of blood alcohol contents
4.5K chars
(a) Except as otherwise provided in subsection (b) or (d) of this section, any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege to do so has been lawfully suspended or revoked by this state or any other jurisdiction is, for…
W. Va. Code § 17B-4-4 Permitting unauthorized person to drive
0.2K chars
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter.
W. Va. Code § 17B-4-5 Employing unlicensed chauffeur
0.1K chars
No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter.
W. Va. Code § 17B-4-6 Renting motor vehicle to another
0.9K chars
No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed hereunder or, in the case of a nonresident, then duly licensed under the laws of the state or country of his residence. No person shall rent a motor vehicle to another until he…
W. Va. Code § 17B-5-1 Violations of chapter; penalty for misdemeanor
0.5K chars
It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this state declared to be a felony. Unless another penalty is in this chapter or by the laws of this state provided, every person convicted…
W. Va. Code § 17B-5-2 Jurisdiction of crimes by justices
0.2K chars
Justices of the peace shall have concurrent jurisdiction with the circuit, criminal and intermediate courts to enforce the misdemeanor penalties prescribed by this chapter.
W. Va. Code § 17B-6-1 Constitutionality
0.3K chars
If any part or parts of this chapter shall be held to be unconstitutional such unconstitutionality shall not affect the validity of the remaining parts of this chapter. The Legislature hereby declares that it would have passed the remaining parts of this chapter if it had known t…
W. Va. Code § 17B-6-2 Repeal of inconsistent provisions
0.2K chars
The provisions of all acts or parts of acts, or of this code, which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
W. Va. Code § 17B-7-1 Short Title
0.1K chars
This article is known as and may be cited as the William R. Laird IV Second Chance Driver’s License Act.
W. Va. Code § 17B-7-10 Rule-making authority
1.4K chars
(a) To implement the provisions of this article, the director, in consultation with the commissioner, shall promulgate emergency and legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, which shall include, but not be limited to, the …
W. Va. Code § 17B-7-11 Sunset provision
0.2K chars
The Second Chance Driver’s License Program established under §17B-7-1, et seq., of this code shall cease to have effect on June 30, 2022, unless reauthorized by the West Virginia Legislature.
W. Va. Code § 17B-7-2 Legislative findings and purpose
0.7K chars
(a) The Legislature finds that allowing individuals who have been unable to obtain a driver’s license or to have their driver’s licenses reinstated due to unpaid court costs to obtain a stay of the driver’s license suspension or revocation will better enable these individuals to …
W. Va. Code § 17B-7-3 Definitions
1.8K chars
For the purposes of this article: (1) “Commissioner” means the Commissioner of the Division of Motor Vehicles, or his or her designee; (2) “Consolidated repayment schedule” means the schedule by which a participant is expected to make monthly payments for unpaid court costs consi…
W. Va. Code § 17B-7-4 Second chance driver’s license program established; creation and administration by director; program eligibility
0.9K chars
(a) There is hereby established the second chance driver’s license program which shall be administered by the director pursuant to the requirements of this article. (b) To be eligible to participate in the program, a person must: (1) Have his or her driver’s license suspended or …
W. Va. Code § 17B-7-5 Program acceptance; development of consolidated repayment schedule; no other court fee payments required
3.6K chars
(a) A person wishing to participate in the Second Chance Driver’s License Program shall complete an application form prepared by the director. (b) Upon receipt of a person’s application, the director shall coordinate with the courts and the commissioner to verify the total amount…
W. Va. Code § 17B-7-6 Payments to be made to director; certificate of compliance; failure to comply with consolidated repayment schedule
2.6K chars
(a) Upon acceptance into the program and establishment of a consolidated repayment schedule, the participant shall remit monthly payments to the director in the manner prescribed by the director and in compliance with the consolidated repayment schedule. (b) Upon receipt of the f…
W. Va. Code § 17B-7-7 Stay of driver’s license suspension or revocation
1.5K chars
(a) Upon receipt of a certificate of compliance prepared by the director, the Division of Motor Vehicles shall stay the participant’s driver’s license suspension or revocation for unpaid court costs: Provided, That the participant’s driver’s license shall be subject to restrictio…
W. Va. Code § 17B-7-8 Second Chance Driver’s License Program Account created
0.6K chars
There is hereby created in the State Treasury an account to be known as the Second Chance Driver’s License Program Account. The account shall consist of all moneys received from individuals participating in the program. The fund shall be administered by the Division of Justice an…
W. Va. Code § 17B-7-9 Deposit of funds into account; disbursement of funds from account
2.1K chars
(a) The director shall deposit all money received from participants pursuant to a consolidated repayment schedule into the Second Chance Driver’s License Program Account. The director shall prorate, separate, and identify the portion of each payment that constitutes payment of a …