Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
              Introduced Senate Bill 845
             By Senator Maynard [Introduced February 19, 2024; referred to the Committee on Transportation and Infrastructure]
     Intr SB                                        2024R3942
  A BILL to amend and reenact §17E-1-12 of the Code of West Virginia, 1931, as amended relating
            to requiring yearly renewal of commercial driver's licenses; providing for the reinstatement
            of revoked or expired commercial driver's licenses due to inactive status and lack of
            medical certification.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
     §17E-1-12. Classifications, endorsements and restrictions.
            (a) Commercial driver's licenses may be issued with the following classifications:
            (1) Class A combination vehicle. -- Any combination of vehicles with a gross combined
  vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle
  weight rating of the vehicle being towed is in excess of ten thousand pounds.
            (2) Class B heavy straight vehicle. -- Any single vehicle with a gross vehicle weight rating of
  twenty-six thousand one pounds or more and any vehicle towing a vehicle not in excess of ten
  thousand pounds.
            (3) Class C small vehicle. -- Any single vehicle or combination vehicle that does not fall
  under either Class A or Class B but are:
           (A) Vehicles designed to transport sixteen or more passengers, including the driver; and
           (B) Vehicles used in the transportation of hazardous materials which requires the vehicle to
 be placarded under 49 C.F.R. Part §172, Subpart F (2004).
           (4) Each applicant who desires to operate a vehicle in a classification different from the
 class in which the applicant is authorized is required to retake and pass all related tests except the
 following:
           (A) A driver who has passed the knowledge and skills test for a combination vehicle in
 Class A may operate a heavy straight vehicle in Class B or a small vehicle in Class C provided he
 or she possesses the required endorsements; and
           (B) A driver who has passed the knowledge and skills test for a vehicle in Class B may
                                                         1
     Intr SB                                       2024R3942
 operate any small vehicle in Class C provided he or she possesses the required endorsements.
           (b) Endorsements and restrictions. -- The commissioner upon issuing a commercial
 driver's license may impose endorsements and restrictions determined by the commissioner to be
 appropriate to assure the safe operation of a specific class, type or category of motor vehicle or a
 specifically equipped motor vehicle and to comply with 49 U.S.C., et seq., and 49 C.F.R. §383.93
 (2004) including, but not limited to, endorsements or restrictions to operate:
           (1) Double or triple trailers which requires successful completion of a knowledge test;
           (2) Passenger vehicles which requires successful completion of a knowledge and skills
 test;
           (3) Tank vehicles which requires successful completion of a knowledge test;
           (4) Vehicles used for the transportation of hazardous materials as defined in section three
 of this article which requires the completion of a knowledge test and a background security risk
 check in accordance with 49 C.F.R. §1572.5(2004);
           (5) School buses which requires successful completion of a knowledge and skills test
 unless the applicant meets the criteria for waiver of the skills test in accordance with 49 C.F.R.
 §383.123(b)(2004); or
           (6) Vehicles equipped with air brakes which requires the completion of a skills test.
           (c) Applicant record check. -- Before issuing a commercial driver's license, the
 commissioner shall obtain driving record and medical certification status information through the
 commercial driver's license information system, the national driver register and from each state in
 which the person has been licensed.
           (d) Notification of license issuance. –- Within ten days after issuing a commercial driver's
 license, the commissioner shall notify the commercial driver's license information system of the
 issuance and provide all information required to ensure identification of the person.
           (e) Expiration of license. –
           (1) Every commercial driver's license issued to persons who have attained their twenty-first
                                                        2
     Intr SB                                        2024R3942
 birthday expires on the applicant's birthday in those years in which the applicant's age is evenly
 divisible by five. Except as provided in subdivision (2) of this subsection, no commercial driver's
 license may be issued for less than three years nor more than seven years. The commercial
 driver's license shall be renewed by the applicant's birthday and is valid for a period of five years,
 expiring on the applicant's birthday and in a year in which the applicant's age is evenly divisible by
 five. No commercial driver's license with a hazardous materials endorsement may be issued for
 more than five years
           (1) Licenses shall expire on a yearly basis if the driver does not satisfy the requirements of
 license renewal contained in §17E-1-12(f) of this code.
           (2) Every commercial driver's license issued to persons who have not attained their twenty-
 first birthday expires thirty days after the applicant's birthday in the year in which the applicant
 attains the age of twenty-one years.
           (3) Commercial driver's licenses held by any person in the Armed Forces which expire
 while that person is on active duty remains valid for thirty days from the date on which that person
 reestablishes residence in West Virginia.
           (4) Any person applying to renew a commercial driver's license which has been expired for
 six months or more shall follow the procedures for an initial issuance of a commercial driver's
 license, including the testing provisions.
           (5) Any commercial driver's license held by a person who does not possess a valid or
 current medical certification status is no longer valid for the operation of a commercial motor
 vehicle and is downgraded to the appropriate licensure level commensurate with the licensees
 qualifications regardless of the expiration date or indicated class on the face of the license within
 the time frames prescribed by 49 CFR §383.73(j).
           (6) Any licenses which have been revoked or expired due to lack of a medical certification
 while inactive shall be restored when the driver has completed his most recent medical
 certification and satisfied the requirements of §17E-1-12(f) of this code.
                                                         3
     Intr SB                                       2024R3942
           (f) When applying for renewal of a commercial driver's license, the applicant shall complete
 the application form and provide updated information and required certifications
           (f) An application for license renewal must be filed yearly by the driver, whether active or
 inactive. Medical certification shall be supplied yearly during the license renewal process. All
 currently issued licenses shall begin requiring yearly license renewals at the expiration of their
 current licensing. All drivers, whether active or inactive, will be required to submit yearly license
 renewal applications and shall be treated the same regardless of status.
           (g) If the applicant wishes to obtain or retain a hazardous materials endorsement, the
 applicant shall comply with a background check in accordance with 49 U.S.C. §5103a and 49
 C.F.R. Part §1572 (2004) and subject to the following:
           (1) The applicant is a citizen of the United States or a lawful permanent resident of the
 United States;
           (2) The applicant completes the application prescribed by the division and submits
 fingerprints in a form and manner prescribed by the division and the United States Department of
 Homeland Security Transportation Security Administration at the time of application or at any other
 time in accordance with 49 C.F.R.§1572.5(2004);
           (3) The applicant pays all fees prescribed by the Transportation Security Administration or
 its agent and the division;
           (4) The applicant has not been adjudicated as a mental defective or committed to a mental
 institution as prescribed in 49 C.F.R. §1572.109(2004);
           (5) The applicant has not committed a disqualifying criminal offense as described in 49
 C.F.R. §1572.103(2004);
           (6) The applicant has passed the Transportation Security Administration security threat
 assessment and the division has received a final notification of threat assessment or notification of
 no security threat from the Transportation Security Administration. An appeal of a decision,
 determination or ruling of the Federal Bureau of Investigation or the Transportation Security
                                                        4
      Intr SB                                          2024R3942
  Agency shall be directed to that agency; and
            (7) The applicant has successfully passed the written test for the issuance or renewal of a
 hazardous material endorsement.
                NOTE: The purpose of this bill is to require yearly renewal of commercial driver's licenses and provide for the reinstatement of revoked or expired commercial driver's licenses due to
                inactive status and lack of medical certification.
                Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
                                                            5
Statutes affected: 
Introduced Version: 17E-1-12