Title 91 W. Va. C.S.R.

Motor Vehicles Motor Vehicles

Series 01 Administrative Due Process

W. Va. Code R. § 91-1-1 General

1.1. Scope. -- This legislative rule establishes procedures for the exercise of administrative due process pursuant to Chapter 29A of the Code of West Virginia of 1931, as amended.

1.2. Authority. -- W. Va. Code §§17A-2-9, 17A-6B-13, 17A-6C-17, 17B-2-15, 17D-2-1, 17E-1-18.

1.3. Filing Date. – April 3, 2023.

1.4. Effective Date. – May 1, 2023.

1.5. Sunset Date. -- This rule shall terminate and have no further force or effect August 1, 2028.

W. Va. Code R. § 91-1-2 Application and Enforcement

2.1. Application. -- This legislative rule applies to persons contesting any order or decision of the Commissioner of Motor Vehicles pursuant to Chapter 29A of the Code.

2.2. Enforcement. -- Enforcement of this legislative rule is vested with the Commissioner of Motor Vehicles or the Commissioner’s lawful designee.

2.3. This legislative rule takes precedence over all administrative due process rules or hearing procedures found in this Title.

W. Va. Code R. § 91-1-3 Hearings

3.1. Commissioner -- Means the executive officer of the Division of Motor Vehicles appointed by the Governor pursuant to W. Va. Code §17A-2-2, or the Commissioner’s lawful designee.

3.2. Subpoenas. –The Commissioner may issue subpoenas or subpoenas duces tecum in accordance with W. Va. Code §29A-5-1(b).

3.2.1. Every subpoena and subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by any person over eighteen years of age or by registered or certified mail. A return acknowledgment signed by the person to whom the subpoena or subpoena duces tecum is directed shall be required to prove service by registered or certified mail.

3.2.2. All subpoenas and subpoenas duces tecum shall be issued in the name of the Division of Motor Vehicles. Any party requesting the issuance of a subpoena or subpoena duces tecum must see that they are properly served. An attorney licensed to practice law in the State of West Virginia that represents a client before the Division may prepare and issue subpoenas for the purposes of this rule.

3.2.3. Any person who serves a subpoena or subpoena duces tecum is entitled to the same fee as sheriffs who serve witness subpoenas for the circuit courts of this state. An arresting officer in a DUI hearing is not entitled to a fee for serving a subpoena or subpoena duces tecum.

3.2.4. All fees related to any subpoena or subpoena duces tecum issued at the instance of an interested party shall be paid by the party who asks that such subpoena or subpoena duces tecum be issued.

3.2.5. All requests by interested parties for subpoenas and subpoenas duces tecum shall be in writing and shall contain a statement acknowledging that the requesting party agrees to pay the fees except as provided in Subdivision 3.2.4.

3.2.6. All parties shall provide a witness list to the designated hearing examiner at least forty-eight hours (48) prior to the hearing. Failure to disclose a witness is grounds for denial of a continuance request.

3.3. Orders of Revocation, Suspension or Disqualification.

3.3.1. Any order or decision of the Commissioner subject to administrative review under these rules shall include a:

a. Statement of the issues involved, b. Statement that the person’s request for a hearing must be made in writing within fifteen (15) days from the date on which the order was entered unless a different time period is prescribed by statute or the right to a hearing is waived, and a c. Statement of the costs associated with the hearing which the person may incur.

3.3.2. In addition to the requirements of Subdivision 3.3.1, any order issued pursuant to W. Va. Code §17E-1-13 must contain a statement that the person shall notify the Commissioner if there is an intent to challenge the results or operation of the secondary chemical test or the legality of a sobriety checkpoint as prescribed in Subsection 3.4.

3.3.3. Orders of Revocation or Suspension issued pursuant to W. Va. Code §17C-17A-1 et seq, concerning the Public Service Commission’s regulation of the commercial transportation of coal are not subject to administrative review with the Division of Motor Vehicles.

3.3.4. In cases where the registered or certified mail is not signed for, the provisions of W. Va. Code § 17A-2-19 apply which provides that the giving of notice is complete upon the expiration of four (4) days after deposit of the notice in the United States mail.

3.4. Challenge of Secondary Chemical Test and Sobriety Checkpoint

3.4.1. Notification -- Any person requesting a hearing who intends to challenge the results of any secondary chemical test of the blood, breath or urine, or intends to cross-examine the individual or individuals who administered the test or performed the chemical analysis, shall notify the Commissioner of his or her intent. The person shall submit the notification in writing, either in person or by mail to the Commissioner in Charleston, West Virginia, at least ten (10) days prior to the hearing date. Any person who intends to challenge official compliance with and adherence to sobriety checkpoint operational guidelines shall notify the Commissioner of his or her intent in writing, either in person or by mail to the Commissioner in Charleston, West Virginia, at least ten (10) days prior to the hearing date or those matters cannot be challenged.

3.4.2. Admissibility -- If a person fails to comply with the notice requirements of Subdivision 3.4.1 of this rule pertaining to the secondary chemical test, the results of the test, if any, will be admissible as though the person and the Commissioner had stipulated the admissibility.

3.4.3. Exceptions -- The Commissioner shall not invoke the provisions of Subdivision 3.4.2 of this rule in the case of a person who is not represented by counsel unless the communication from the Commissioner to the person establishing a time and place for the hearing also informed the person of the consequences of his or her failure to timely notify the Commissioner pursuant to Subdivision 3.4.1 of this rule.

3.5. Request for a Hearing

3.5.1. A person must submit a request for hearing in writing to the Commissioner in Charleston, West Virginia, electronically, in person or by registered or certified mail, return receipt requested. The request must be made within fifteen (15) days from the date on which the order was entered unless a different time period is prescribed by statute.

3.5.2. The hearing request must contain a description of the order upon which a hearing is requested and the grounds upon which it is asserted that the order should be vacated or modified or the hearing will not be granted.

3.5.3. If a person wishes to challenge the results or operation of a secondary chemical test or the legality of a sobriety checkpoint, the person shall notify the Commissioner of that action as prescribed in Subsection 3.4.

3.5.4. Untimely hearing requests shall not be granted. A request is untimely if it is made after the time specified in Subdivision 3.5.1 or prior to the issuance of the Order of Revocation, Suspension or Disqualification.

3.6. Notice of Hearing

3.6.1. The Commissioner shall send the notice of hearing to the person requesting the hearing by electronic means or registered mail or certified mail, return receipt requested.

3.6.2. The notice shall contain a:

a. Statement of the date, time, and location of the hearing;

b. Statement of the issues involved; and c. Statement as to the consequences of failing to appear at the prescribed date, time and place of the hearing.

3.6.3. The hearing shall be held at the Division of Motor Vehicles office in Charleston, a regional office or some other hearing location as determined by the Division of Motor Vehicles with due regard for the convenience of the person requesting the hearing and in accordance with any applicable statute. At the discretion of the Commissioner, the hearing may be in person, by telephone or video conference.

3.6.4. The Commissioner may consolidate issues from multiple suspension, revocation or disqualification orders arising from the same incident or occurrence into one administrative hearing.

3.7. Failure to Appear The Division shall automatically reinstate the revocation or suspension and the assessment of costs outlined in Subsection 3.11 of this rule if the person fails to appear at the hearing without obtaining a continuance pursuant to Subsection 3.8 of this rule.

3.8. Request for Continuance

3.8.1. The Commissioner may grant the person requesting a hearing a continuance of the scheduled hearing. The person shall make the request for continuance in writing, and it must be received by the Commissioner at least five (5) days prior to the scheduled hearing date. The Commissioner shall grant the request if good cause is shown. Good cause shall include such reasons as serious illness, medical appointments, court appearances, or religious holidays. In no case may the Commissioner grant more than one continuance per party except as provided in Subdivisions 3.8.2 and 3.8.3.

3.8. 2. The Commissioner may postpone or continue a hearing on his or her own motion. The motion shall be for good cause including, but not limited to, docket management, availability of hearing examiners or other essential personnel, Division error in scheduling or notice, or mechanical failure of essential equipment, i.e. recording equipment, file storage equipment, etc.

3.8.3. The Commissioner may grant an emergency continuance on less than five days notice for unexpected personal emergencies. An emergency situation requiring the services of a law enforcement witness en route to a hearing qualifies as an unexpected personal emergency. Any emergency continuance request may be made by telephone but also must be submitted in writing. The written request must be received by the Division no later than five (5) days after the date the hearing was scheduled, or the provisions of Subsection 3.7 will be applied as if the party requesting the continuance failed to appear.

3.9. Hearing Procedures

3.9.1. A person requesting a hearing may be represented by an attorney licensed to practice law in West Virginia. The Division may be represented by a person designated by the Commissioner.

3.9.2. The provisions of W. Va. Code §29A-5-2 apply to questions concerning evidence.

3.9.3. All hearings shall be conducted by employees designated as hearing examiners by Memorandum Order of the Commissioner. Hearing examiners have the power to:

a. Administer oaths and affirmations, b. Rule upon offers of proof and receive relevant evidence, and c. Regulate the course of the hearing, d. Question witnesses, and, e. Exclude any person who engages in conduct intended to disrupt the hearing or willfully violates instructions issued by the hearing examiner.

f. Exclude any witness not disclosed pursuant to 3.2.6.

3.9.4. Presentation of Evidence and Cross Examination:

a. The party carrying the burden of proof has the initial opportunity to present evidence.

b. The hearing examiner shall offer and accept as part of the record all documents in the Commissioner’s file.

c. All parties have the right to cross examine witnesses unless cross examination is precluded by statute.

d. Following the presentation of all evidence, each party has the right to offer closing arguments.

3.9.5. The hearing examiner may continue a hearing in progress from one day to another or adjourn to a later date.

3.10. Transcription of Reported Testimony and Evidence

3.10.1. All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanized means.

3.10.2. Upon written request, the Commissioner shall have all materials transcribed and a copy furnished to the person requesting the hearing at his or her own expense. The Commissioner shall assess and collect a transcript fee prior to producing the transcript.

3.11. Assessment of Costs

3.11.1. The Commissioner shall assess a docket fee of One Hundred Dollars ($100.00) against the person requesting a hearing unless a different fee is prescribed by statute.

3.11.2. The Commissioner shall assess a fee of Fifty Dollars ($50.00) per witness and Fifty Cents ($0.50) per mile for each mile necessarily traveled to and from the place of the hearing against the person requesting the hearing.

3.11.3. The Commissioner shall assess any person filing a request for a hearing who fails to have the Commissioner’s order rescinded or modified to a lesser period of revocation the fees prescribed in Subdivisions 3.11.1 and 3.11.2. The person shall pay all applicable fees before the Commissioner may complete reinstatement of the license, vehicle registration or privilege to operate a motor vehicle.

3.11.4. All fees collected under this subsection and Subdivision 3.10.2 shall be deposited, transferred, and paid out in accordance with W. Va. Code §17A-2-21 except that witness fees shall be paid to the witness(es).

3.12. Final Orders

3.12.1. The Commissioner shall make findings of fact and conclusions of law pursuant to W. Va. Code §29A-5-1 et seq. and the applicable statutory provisions.

3.12.2. The Commissioner shall make and enter every final order pursuant to W. Va. Code §29A-5-1 et seq. and the applicable statutory provisions.

3.12.3. The person is entitled to judicial review as set forth in W. Va. Code §29A-5-1 et seq. and in accordance with the applicable statutory provisions.

Series 03 Motor Vehicle Titling

W. Va. Code R. § 91-3-1 General

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.

W. Va. Code R. § 91-3-2 Titling a Motor Vehicle

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.

2.2. Application for non-resident businesses. An application by a non-resident business for a title through the Title Clearinghouse must be accompanied by any documents prescribed by the Commissioner.”

2.3. Sales tax. Sales tax shall be calculated at the percentage of the sale price set by W. Va. Code § 11-15-3c.

2.3.1. If a purchaser exchanges another vehicle upon which the purchaser paid sales tax to the State of West Virginia as part of the consideration or sale price, commonly referred to as a trade-in, the portion of the consideration or sale price attributed to the trade-in shall be deducted from the total actual sale price for the vehicle being acquired by the purchaser for the purposes of calculating the sales tax.

2.3.2. Sales tax is assessed in accordance with W. Va. Code § 11-15-3c and 91CSR9.

2.4. Liens.

2.4.1. Recording. The Division of Motor Vehicles may authorize an application for a voluntary lien in an electronic or paper format whether made at the time of title or thereafter.

2.4.2. Release. A lienholder may release an electronic lien using the Division of Motor Vehicles’ electronic lien and title system. Such action will satisfy the title delivery requirement in W. Va. Code § 17A-4A-6.

2.5. Title transfer by operation of law. All applications for certificate of title, whether electronic or paper, must be on the form prescribed by the Commissioner of the Division of Motor Vehicles and include the information required thereon.

2.6. Transfers to Dealers. All dealer reassignments must be accomplished using the electronic program designed by the Division of Motor Vehicles.

W. Va. Code R. § 91-3-3 Registration of a Motor Vehicle

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.

W. Va. Code R. § 91-3-4 Fleet Registration

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. 4.2 Application process. Application for fleet registration must be made in a manner prescribed by the Commissioner of the Division of Motor Vehicles.

4.3. Registration.

4.3.1. The fleet operator must maintain proof of registration in each individual vehicle.

4.3.2. The Commissioner of the Division of Motor Vehicles shall design a standard registration plate for fleet operators. Alternatively, a fleet operator registering 100 or more vehicles may submit a request for a design for a custom plate at the cost of a special registration plate under W. Va Code § 17A-3-14e.

4.3.3. Annual fleet renewal must be completed online. Any registration renewals received in the mail will not be processed.

4.3.4. The fleet operator may apply for a one year or two year registration plate from the date of initial registration.

4.3.5. The fleet operator will pay the registration fees in full for each year of registration for each vehicle in the fleet at the time of renewal.

4.4. Addition and Deletion of Vehicles from Fleet.

4.4.1. A fleet owner may add or remove a vehicle from its fleet at any time.

4.4.2. If a fleet operator removes a vehicle from its fleet program, either by sale or salvage, the plate assigned to the vehicle removed from the program may be transferred to another vehicle added to the program or, if no other vehicle is available for plate transfer, the plate must be returned to the Division of Motor Vehicles.

4.5. Record Keeping Requirements.

4.5.1. Fleet operators must manage its fleet program in a manner required by the Division of Motor Vehicles.

4.5.2. Fleet operators are subject to inspections by the Division of Motor Vehicles.

4.6. Termination from Program.

4.6.1. A fleet operator may terminate participation in the fleet program for any reason by notifying the Division of Motor Vehicles in a manner prescribed by the Commissioner of the Division of Motor Vehicles. All plates must be returned to the Division of Motor Vehicles and all fees paid are non-refundable and may not be pro-rated.

4.6.2. The Division of Motor Vehicles may terminate participation of any participant for any failure to comply with statute, rule or policy established by the West Virginia Legislature or the Commissioner of the Division of Motor Vehicles.

4.7. Antique Fleet Registration.

4.7.1. “Antique fleet” means 5 or more vehicles which qualify as antique vehicles per W. Va. Code § 17A-3-10a(h) and are owned by an individual person.

4.7.2. An application for an antique fleet registration must be submitted containing all the required registration information for each vehicle in the fleet.

4.7.3. A single registration plate will be issued in a design to be determined by the Commissioner of the Division of Motor Vehicles, with a series of numbers and letters assigned to each antique fleet and may be used on any of the vehicles registered as part of that fleet.

4.7.4. All registration fees and renewals will be the same as a single antique registration plate per W. Va. Code § 17A-3-14.

4.8. Non-Resident Registration. A non-resident fleet operator may only register a fleet in West Virginia if the vehicles are also titled in West Virginia through the Title Clearinghouse.

W. Va. Code R. § 91-3-5 Title Clearinghouse

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.

5.3. Requirements. Non-resident businesses must meet and maintain the requirements set forth in statute, this rule and policy of the Division of Motor Vehicles. Notwithstanding a non-resident business meeting the requirements herein, the Division of Motor Vehicles may deny participation in the Title Clearinghouse for any reason or for no reason.

5.3.1. The non-resident business making an application for participation in the Title Clearinghouse must be headquartered in the United States.

5.3.2. The non-resident business must process a minimum number of annual vehicle transactions through the Title Clearinghouse as determined by the Commissioner of the Division of Motor Vehicles.

5.3.3. All state and federal licenses required of the non-resident business by the federal government or any state government in which the business resides or does business must be valid and in good standing.

5.3.4. The non-resident business must maintain liability insurance which covers transactions submitted through the Title Clearinghouse.

5.3.5. The non-resident business must meet technical and program standards set by the Division of Motor Vehicles.

5.3.6. The non-resident business and its officers must meet any background check required by the Division of Motor Vehicles.

5.4. Penalty Bond. The non-resident business must submit a $250,000 penalty bond on a form prescribed by the Commissioner of the Division of Motor Vehicles from a West Virginia licensed insurer made payable to the West Virginia Division of Motor Vehicles in accordance with W. Va. Code § 17A-4-11. In the event payment of this bond is triggered, the non-resident business will not be relieved of liability to the injured party by payment of the penalty to the Division of Motor Vehicles, and the injured party must be made whole by the non-resident business before that business will be considered eligible to remain in the program or eligible to participate in the program again if removed.

5.5. Fees. All fees are nonrefundable, must be submitted at the time of service and deposited in the Motor Vehicle Fees Fund in accordance with W. Va. Code § 17A-2-21 unless otherwise directed by statute or this rule.

5.5.1. The initial participation fee will be determined by the Commissioner of the Division of Motor Vehicles and must accompany the original application for participation in the Title Clearinghouse.

5.5.2. The annual renewal participation fee will be determined by the Commissioner of the Division of Motor Vehicles and must accompany the annual application for renewed participation in the Title Clearinghouse.

5.5.3. The transaction fee is a minimum of $15 per title plus any technology fee per title assessed to fulfill contracts or agreements between the Division of Motor Vehicles and any contractor, portal manager, vendor or digital title service provider contracted or authorized by the Division of Motor Vehicles. The minimum title transaction fee shall be paid to the Division of Motor Vehicles and deposited in the State Road Fund. Any technology fee assessed shall be paid in a manner consistent with any agreement or contract.

W. Va. Code R. § 91-3-6 Consequences and Penalties for Noncompliance, Fraud and Misconduct

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.

Series 04 Examination and Issuance of Driver's License

W. Va. Code R. § 91-4-1 General

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.

W. Va. Code R. § 91-4-2 Application and Enforcement

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.

W. Va. Code R. § 91-4-3 Definitions

3.1. Birth Certificate. Means the certified original or certified copy of a birth certificate issued by a state or other governmental agency of the United States, its territories, or Puerto Rico responsible for the collection of vital records indicating a person’s name and date of birth. The term birth certificate also means a Consular Report of Birth Abroad of a Citizen of the United States in a form authorized by Federal Law. For the purposes of this rule, a document issued by a hospital is not considered a birth certificate. For the purposes of this rule, the term birth certificate shall also include a valid United States Passport or a military identification card subject to the provisions of WV Code §17B-2-8(i).

3.2. Certified. Means a validation of a document by a state or other governmental agency responsible for the issuance, collection or verification of documents with a raised or stamped seal indicating the authenticity of the document. Duplicate copies, notarized copies not certified by the issuing agency are not acceptable.

3.3. Court Order. Means an original or copy of a court’s official determination or final order.

3.4. Divorce Decree. Means an original or copy of a court’s judgment or decree dissolving a marriage.

3.5. Driver’s License. Means any permit or license issued by this state or any other state or jurisdiction which authorizes a person to operate a motor vehicle including an instruction permit, level 1, 2, or 3 driver’s license or a commercial driver’s license.

3.6. Full Legal Name. Means a person’s first name, middle names or family names and last name without the use of initials or nicknames as established by identity documents.

3.7. United States Citizen and Immigration Services or USCIS. Means the United States Department of Homeland Security, Citizen and Immigration Services or if applicable, the Immigration and Custom Enforcement Agency or either’s successor agency of the United States Department of Homeland Security. Wherever the term United States Immigration and Naturalization Services or INS is used, it shall be construed as referring to its successor agency, the United States Citizen and Immigration Services or if applicable the Immigration and Customs Enforcement Agency.

3.8. Marriage Certificate. Means the original or copy of the record of marriage verified by the state or other governmental agency responsible for the collection or verification of marriage records.

3.9. Residence Address. Means the address of the applicant’s principal residence required to be on the face of the driver’s license document by the provision of West Virginia Code §17B-2-8 with the exception of:

3.9.a. An applicant who can verify that his or her principal residence is physically located in West Virginia but who has no fixed address or designated address to which mail can be delivered by the United States Postal Service and who must use another address for the purposes of receiving mail;

3.9.b. Addresses protected under the provisions of the Violence Against Women and Department of Justice Reauthorization Act of 2005 or another state sponsored address confidentiality program;

3.9.c. Addresses protected under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996;

3.9.d. Addresses on restricted driver’s licenses issued under the provision of the alcohol test and lock program established under the provisions of West Virginia Code §17C-5A-3a; or

3.9.e. Addresses on licenses issued to participants in witness protection programs, law enforcement officers, prosecutors or members of the judicial system who in opinion of the commissioner face substantial risk of harm if his or her license contains their residence address.

3.10. Social Security Card. Means the official document issued by the Social Security Administration (SSA) indicating the social security number assigned to a person. The Division requires the social security number of every applicant for a driver’s license or identification card or holder of a driver’s license or identification card as required by the provisions of the Personal Responsibility and Work Opportunity Act of 1996 as amended at 42 U.S.C. §666(a)(13) and as authorized by the provisions of the Tax Reform Act of 1976 as amended at 42 U.S.C. §405(c). The social security card is the proof of the actual issued number. For the purposes of this rule, except when the United States Social Security Administration electronically or otherwise fails to verify the match between the submitted name and number; the term social security card or proof of social security number shall also include;

3.10.a. A military identification card with the social security number issued to the applicant indicating active, retired, reserve or dependent status in the military of the United States in accordance with West Virginia Code §17B-2-8(i).

3.10.b. A Wage and Tax Statement Form W-2 or payroll stub with the applicant’s employer’s name and employer identification number, the applicant’s social security number and the applicant’s name and address; or

3.10.c. A Social Security 1099 Form with the applicant’s full social security number and the applicant’s full legal name; and

3.10.d. At the discretion of the Division, an applicant who is not a citizen of the United States but who presents proof of legal presence, identity and residency in this state in accordance with this rule, who is not eligible to receive a social security number may present a written statement subject to verification in the manner prescribed by the Commissioner, that he or she is not eligible for a social security card in lieu of a social security card and social security number.

3.10.e. In lieu of a social security card as proof of social security number, the following documents may be used to obtain a not for federal use driver’s license or a not for federal use identification card:

(i) An original or copy of a certified Military Discharge Form DD 214 issued by the U.S. Military, with the social security number; or (ii) A Medicare card issued in the applicant’s full name, which contains the applicant’s social security number and the signature of the applicant as the card holder.

3.10.f. In the Commissioner’s discretion, the Division may accept a social security number provided by any applicant for a driver’s license or identification card without a document presented as proof of social security number when the United States Social Security Administration verifies the social security number electronically, except for license types where a social security card or document submission is mandated by federal law or regulation.

3.11. State. - Means a state of the United States, the District of Columbia, Puerto Rico, The Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.

3.12. Valid Driver’s License. - Means a driver’s license issued to a person whose privilege to operate a motor vehicle has not expired, and is not currently suspended, revoked or cancelled for any reason.

W. Va. Code R. § 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

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.

4.2. The preliminary examination shall consist of five components.

4.2.a. The Division shall administer a visual acuity test with a standard eye testing chart or mechanical device.

1. An applicant with uncorrected visual acuity of 20/40 or better in at least one eye will pass the visual acuity test.

2. An applicant with visual acuity of 20/40 or better in at least one eye with the use of contact lenses or glasses will pass the visual acuity test with the appropriate restriction placed on his or her driver' s license.

3. An applicant whose visual acuity is less than 20/40 will fail the visual acuity test. An applicant who fails the visual acuity test may request a Driver License Advisory Board Form 2.

4. An applicant who presents a properly completed Driver License Advisory Board Form 2 which indicates that the applicant is within the parameters set forth in West Virginia Legislative Rules, Division of Motor Vehicles, Denial, Suspension, Revocation or Nonrenewal of Driving Privileges, 91 CSR 5 will pass the visual acuity test with the appropriate restrictions placed on his or her driver's license.

5. An applicant may not use special lens arrangements, including but not limited to biopticor telescopic lenses, to satisfy the visual acuity standard.

6. An applicant for a Commercial Driver's License or endorsement shall adhere to the visual acuity standard in section 14 of this rule.

7. An applicant or licensee who cannot meet the requirements in paragraphs (1) - (6) of this subdivision is not entitled to a license or instruction permit.

4.2.b. Before the Division issues an instruction permit, the Division may require the applicant to pass a color vision test that determines the applicant's ability to distinguish between the colors green, amber and red.

4.2.c. Before the Division issues an instruction permit, the Division may require the applicant to pass a depth perception test that detects deficiencies in depth perception.

4.2.d. An applicant shall pass a basic knowledge examination consisting of not less than twenty-five questions based on information contained in the West Virginia Driver Licensing Handbook and other materials provided by the Division. An applicant may test orally with a headset via the Division’s software program. At the Division’s discretion, the applicant may use a translator. A basic knowledge examination developed by the Division may be administered by a driver’s education instructor, providing instruction pursuant to §18-6-1 et seq. of this code. An applicant shall answer at least seventy-six percent of the questions correctly in order to pass the examination.

4.2.e. An applicant shall complete a driving while under the influence awareness education component as prescribed by West Virginia Code §17B-2-7 (b).

4.3. The driver license examiner shall mark and return an application for an instruction permit or a copy of the application to an applicant who fails a portion of the knowledge examination. The applicant may return in seven days for reexamination.

4.4. The driver license examiner shall approve the application of an applicant who successfully completes all components of the knowledge examination. The applicant is eligible for an instruction permit subject to the following:

4.4.a. A national check of the applicant's driver license status is completed and shows that the applicant's privilege to operate a motor vehicle is not currently suspended or revoked by this or any other state or jurisdiction; and

4.4.b. The applicant pays the required fee.

4.5. The instruction permit shall contain the full legal name of the applicant 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 record but it shall not appear on the face of the instruction permit.

4.6. The West Virginia Driver Licensing Handbook is the instruction guide of the Division concerning the examination of applicants for a driver's license and the qualifications required of applicants.

W. Va. Code R. § 91-4-5 Road Skill Examination

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.

5. 2. The road skills examination shall consist of:

5.2.a. A check of the safety equipment of the testing vehicle; and

5.2.b. An examination of the applicant's ability to operate a motor vehicle on a designated course consisting of a moderate grade, right turn, left turn and a traffic control device or stop sign. The applicant must show successful mastering of all skills required to safely operate a motor vehicle including backing and parallel parking. The applicant must give the proper turn signals, use good judgment in traffic situations and have the proper regard for pedestrians and traffic control devices and signals. Available occupant restraint devices must be properly adjusted and securely fastened whenever the vehicle is in motion. Only the applicant and the examiner or examiners and an interpreter may occupy the vehicle during the test.

5.3. An applicant will fail the road skills examination if the applicant:

5.3.a. Appears for the road skills test with a vehicle with illegal or inoperable equipment. However, the Division may allow an applicant to correct a minor defect and continue the examination without regard to the minimum seven day period in 5.6;

5.3.b. Has a crash involving any property damage or personal injury or a crash was prevented only by the action of another driver or the examiner;

5.3.c. Drives into or stalls the vehicle into a location which may be hazardous under certain traffic conditions;

5.3. d. Passes another vehicle yielding to a pedestrian in a crosswalk;

5.3.e. Makes two successive turns from the wrong lane under conditions which make the action hazardous;

5.3. f. Fails to stop for a traffic control device or signal;

5.3.g. Refuses to perform a maneuver which is part of the test;

5.3. h. Makes it apparent that he or she is dangerously inexperienced after proceeding a short distance on the course; or

5.3.i. Does not demonstrate the ability to locate and use all electronic, mechanical and safety equipment on the vehicle.

5.4. The examiner shall evaluate the applicant's performance and determine whether the applicant possesses the skills necessary to operate a motor vehicle. He or she shall record the results of the equipment check and road skills examination and record any restrictions.

5.5. The applicant may use a translator at the Division' s discretion.

5.6. An unsuccessful applicant may return for reexamination after a minimum of seven days have passed and if the applicant still holds a valid instruction permit. The applicant for reexamination must complete all of the components of the road skills examination.

5.7. Applicants who successfully complete the road skills examination are eligible for a driver's license with the appropriate restrictions and endorsements subject to the following:

5.7.a. The applicant shall complete an application on the form prescribed by the Commissioner, endorsed by the examiner and validated with the appropriate information;

5.7.b. A national check of the applicant' s driver license status shows that the applicant's privilege to operate a motor vehicle is not currently suspended or revoked by this or any other state or jurisdiction; and

5.7. c. 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.

5.8. An applicant who successfully completes either the passenger vehicle knowledge examination or road skills examination shall obtain the appropriate instruction permit or driver' s license within thirty days of successfully passing the examination.

5.9. The Division may authorize driver’s education instructors, providing instruction pursuant to §18-6-1 et seq. of this code, to administer a road skill examination developed by the Division. The Division may remove the privilege of administering a road skill or basic knowledge examination of any driver’s education instructor that fails to comply with the standards developed by the Division. Any person completing a road skill examination administered by a driver’s education instructor is exempt from the school eligibility certificate requirement in rule 5.1.b.

W. Va. Code R. § 91-4-6 Issuance And Content Of The Driver’s License And Identification Card

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.

6.2. The applicant may choose from the following types of driver's license or identification cards:

6.2.a. “For Federal Use” driver's license or identification card. This driver's license or identification card shall be marked with a “gold star” in the upper right hand corner of the card. This driver's license or identification card shall be issued in accordance with the REAL ID Act of 2005 and the Department of Homeland Security's rules, 6 CFR § Part 37 (2008).

6.2.b. "Not For Federal Use" driver's license or identification card. This driver's license or identification card shall be marked with a phrase in accordance with the REAL ID Act of 2005 and the Department of Homeland Security's rules, 6 CFR § Part 37 which indicates the driver’s license or identification card is not satisfactory for federal use.

6.3. The applicant may upgrade to a “For Federal Use" driver's license or identification card at any time with the submission of the documents required by the provisions of the REAL ID Act of 2005 and Code of Federal Rules, 6 CFR § Part 37 (2008).

W. Va. Code R. § 91-4-7 Renewal Of Driver’s License And Identification Card

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.

7.5. Any West Virginia licensee other than a commercial driver’s license holder whose license is expired thirty-six months or less may renew the license without resubmitting to a knowledge or road test. Any West Virginia licensee whose license is expired more than thirty-six months, shall resubmit to the examination requirements applicable to the type of license and endorsements the licensee is renewing. 7.6 A licensee who will be out of state at the time his or her license expires shall renew the license prior to departure. The licensee may renew the license within two years prior to expiration.

7.7. The Division may, upon request, renew the driving privileges of a licensee who is temporarily located out of state at the time his or her license expires.

7.8. The Division shall upon request issue a letter to active duty military personnel licensed in West Virginia which indicates that the license remains valid and shall not expire until six months after the licensee's honorable discharge.

7.9. Any licensee or identification card holder seeking to renew his or her license or identification card shall present proof of identity and proof of residency as prescribed by the Division and this rule and pay all required fees.

7.10. The Division may at its discretion issue a nontransferable, temporary driver's license valid for a period of time not to exceed sixty days to an applicant with a class E or class F driver's license, whose driving privileges are not suspended, revoked or cancelled and who is otherwise eligible for renewal.

7.11. For the purposes of this rule when an applicant' s driver's license expires on a weekend, holiday, or on a day that a full service regional office is closed, the applicant has until the end of the next business day to renew his or her license to avoid payment for the additional penalty fee of $5. If the date upon which the driver' s license has been expired more than thirty-six months occurs on a weekend, holiday or on a day that a full service regional office is closed, the applicant has until the end of the next business day to renew his or her driver' s license without being required to take the vision, knowledge and road skills examination. Nothing in this provision may be interpreted to grant an applicant relief from any criminal penalties associated with operating a motor vehicle without a valid driver's license.

W. Va. Code R. § 91-4-7A Online Renewal Of Driver’s License And Identification Card. 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

W. Va. Code R. § 91-4-8 Transfer Of Driver’s License

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.

8.3. The Division may require a driving record from an applicant's prior licensing state or jurisdiction to be incorporated into the record maintained by the Division. The Division may consider the entire record in a revocation or suspension action, or consider any restrictions applied to an applicant's privilege to operate by the applicant's prior licensing state to determine eligibility for a license.

8.4. An applicant under the age of eighteen who holds a valid driver's license from another state or jurisdiction of the United States which has a graduated driver's license system may exchange the out of state driver's license for a West Virginia driver's license at a comparable level, without taking the written examination or road skills examination prescribed in section 4 and 5 of this rule subject to the following:

8.4.a. The applicant complies with the provisions of subsection 8.2. of this rule and in addition presents driving record dated thirty days or less from the applicant's prior state or jurisdiction of licensure.

8.4.b. An applicant who does not possess a graduated driver's license which equals or exceed this state's level 2 graduated driver's license or who was previously licensed in a state or jurisdiction which does not have a graduated driver's license system, shall comply with the provisions of section 4 and 5 of this rule as if he or she never held a license. However, the applicant will be credited with whatever time period the applicant held the previous state or jurisdictions license toward any time periods required for level 1 graduated driver's license if the applicant presents a current driving record at the time of his or her initial application for a West Virginia driver's license; and

8.4.c. An applicant's driving record from his or her previous state of licensure will be transferred and become part of the applicant's West Virginia driving record.

W. Va. Code R. § 91-4-9 Reissuance Of Driver’s License with Changes or Issuance of a Duplicate Driver’s License or Identification Card

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.

9.3. Any change in the birth date requires a certified birth certificate.

9.4. Any change or correction of the social security number requires a social security card.

9.5. Any change of gender requires submission of a completed Gender Designation Form, as proscribed by the commissioner which form must require and be accompanied by a certification by a medical doctor of the person's gender.

9.6. Any change to restriction or endorsement requires proper documentation.

9.7. The Division shall collect the statutory fee for the reissuance of any license or identification card.

9.8. An applicant requesting a change to his or her driver's license or identification card shall surrender the previously issued driver's license or identification card.

9.9. An applicant under the age of eighteen requesting a duplicate driver's license or a change to his or her driver's license shall also present current proof of school enrollment which shall also serve as proof of residency.

W. Va. Code R. § 91-4-10 Residency Requirement

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.l.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.

10.2. The Division may, at its discretion, accept or require other documentation to substantiate residency in this state.

10.3. The Division shall not license or issue an identification card to persons who are not bona fide residents of this state except as provided under section 10.4 of this rule. Nonresidents who previously resided and were licensed or issued an identification card in West Virginia may not renew a West Virginia license or identification card until re-establishing a residence in this state.

10.4. The Division may issue applicants participating in an Alcohol Test and Lock Program in compliance with the provisions of West Virginia Code §17C-5A-3a a restricted driver' s license requiring the use of a motor vehicle equipped with an alcohol test and lock device containing an address determined by the division.

W. Va. Code R. § 91-4-11 Identity Requirements

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.

11.2. The Division may at its discretion accept other documentation to substantiate identity.

11.3. Acceptable forms of identity documents for persons who are not citizens of the United States are valid USCIS documents with a photo that can be verified with the United State Citizen and Immigration Service.

11.4. All documents required by this rule to show age, identity, residency and or legal presence in this country must show the same name and/or date of birth, or an association between the information on the forms. Additional documentation may be required if a connection between the documents cannot be established or if the documents are not original or certified copies issued by the authorized government agency. The Division may waive any documents required to establish a connection, match or association between names if the Division determines that the applicant is not attempting to change his or her identity, to assume someone else's identity or to perpetuate a fraudulent identity.

W. Va. Code R. § 91-4-12 Proof Of Legal Presence In The United States

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.

12.3. The Division at its discretion may accept another document which establishes a place of birth in the United States or its territories or which indicates United States citizenship.

12.4. The following subdivisions describing categories of persons who are not citizens of the United States, prescribe the documents required to establish that an applicant is authorized under federal law to be in the United States and who is eligible to receive a driver's license if he or she has complied with all other requirements of West Virginia law and this rule.

12.4.a. Immigrants. Immigrants shall provide the following documents:

1. The applicant's social security number as evidenced by the applicant's social security card. If an applicant is not eligible to receive a social security number, the applicant shall provide a statement of ineligibility for a social security number in accordance with section 3 of this rule;

2. Two forms showing West Virginia residency as identified in section 10 of this rule; and 3. One of the following documents or similar successor documents:

A. A Form I-551 Alien Registration Receipt Card;

B. A valid Temporary I -551 stamp in Foreign Passport (with English translation) or on INS Form I-94; or, C. Valid re-entry permit Form I-327.

D. The Division may at its discretion accept other INS or USCIS documentation that establishes the applicant's legal presence.

12.4.b. Non-immigrants. Non-immigrants are persons granted temporary entry into the United States. Applicants who are Non-Immigrants, granted temporary entry into the United States shall provide:

1. The applicant's social security number as evidenced by the applicant' s social security card. If an applicant is not eligible to receive a social security number, the applicant shall present written documentation from the Social Security Administration that he or she is not eligible for a number;

2. Two documents showing West Virginia residency as identified in section 10 of this rule;

3. A valid foreign passport;

4. A form I-94;

5. A visa issued by the United States if applicant is from a nation whose citizens are required by the United States to obtain a visa; and 6. All original documents to verify status and length of authorized stay.

A. If applicant’s status is F-1 or F-2, a form I-20 and written verification of attendance at the school listed on form I-20 is also required:

B. If the applicant' s status is H1-A, H1-B, or H-3, written verification from employer is also required.

C. If the applicant's status is J-1, or J-2, a form DS 2019 and written verification of attendance at the school listed on form DS 2019 is also required;

12.4.c. Refugee. An applicant who is a refugee with a sponsoring organization shall provide:

1. The applicant's social security number as evidenced by the applicant' s social security card. If an applicant is not eligible to receive a social security number, the applicant shall present written documentation from the Social Security Administration that he or she is not eligible for a number;

2. One form showing West Virginia residency as identified in section 10 of this rule;

3. Form I-94 showing grant of refugee status;

4. A Reception and Placement Program Assurance Form; and 5. Written verification of identity and West Virginia residency presented by an employee of a sponsoring organization approved by the United States Department of State to resettle refugees in West Virginia.

12.4.d. Applicants who are refugees who do not have an approved sponsoring organization or an asylee shall provide the following:

1. The applicant's social security number as evidenced by the applicant' s social security card. If an applicant is not eligible to receive a social security number, the applicant shall present written documentation from the Social Security Administration that he or she is not eligible for a number;

2. Two forms showing residency as identified in section 10 of this rule;

3. Form I-94 stamped Refugee/Asylee; and 4. Form I-688 B and I-766 Employment Authorization Document.

12.5. The Division requires verification of any submitted documents and the applicant's legal status by the United States Citizen and Immigration Service before a driver's license or identification card is issued.

12.6. All forms designations refer to the current form or to any successor or substitute form promulgated by the Immigration and Naturalization Service, United States Citizen and Immigration Service or the United States Immigration Control Enforcement Agency.

12.7. The Division may at its discretion accept other INS, USCIS, or ICE documentation that establishes the applicant's legal presence in this country.

W. Va. Code R. § 91-4-13 Motorcycle License or Endorsement

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

13.7. Applicants for a motorcycle license or endorsement shall comply with all identity, residency and legal presence requirements of this rule.

W. Va. Code R. § 91-4-14 Commercial Driver’s License

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.

14.3. In addition to the West Virginia Driver Licensing Handbook, the West Virginia Division of Motor Vehicles Commercial Driver’s License Manual is the instruction guide of the Division concerning the examination and qualification of applicants for a Commercial Driver' s License.

14.4. A licensee, if required by federal law, shall maintain a current Federal Motor Carrier Safety Administration Medical Examiners Certificate (M.E.C. Card) on file with the Division. In accordance with federal law, any certificate more than two years old is not current. A licensee with a Class D driver's license who operates a commercial vehicle over 10,000 pounds but less than 26,001 pounds is required to comply with requirements related to submitting and maintaining a current Federal Motor Carrier Safety Administration Medical Examiners Certificate.

14.5. The Division shall cancel the license of any licensee that does not provide a current Federal Motor Carrier Safety Administration Medical Examiners Certificate (M.E.C. Card) within thirty days from the date the previous Certificate is no longer current.

14.6. The following provisions apply to the Intrastate Waiver Program for drivers of commercial vehicles with either a Commercial Driver's License or a Class D Driver's License:

14.6.a. Licensees who do not meet the requirements of Title 49 CFR §391.41 (b) and cannot obtain a federal interstate waiver may apply for an intrastate waiver with the Division;

14.6.b. A commercially licensed driver with an intrastate waiver shall only operate a commercial vehicle in West Virginia. Individuals with an intrastate waiver shall not drive a commercial vehicle in furtherance of interstate commerce;

14.6.c. A licensee with an intrastate waiver is not eligible for passenger and hazardous material endorsements except that an individual who has a passenger or hazardous material endorsement prior to passage of this rule may, in the Commissioner's discretion, maintain the endorsement as long as all other criteria in this rule and federal law and rule are met;

14.6.d. A licensee shall complete and submit a Commercial Driver License Application, a Federal Motor Carrier Safety Administration Medical Examiners (DOT) Medical Card, a supplemental Medical History Form and/or a Vision Form, and any other information considered necessary; and

14.6.e. An applicant may submit any other information pertaining to the applicant's ability to safely operate a commercial motor vehicle such as letters from a treating physician, a specialist or an employer.

14.7. The Commissioner, or his or her designee, shall review the documents provided in subdivision (d) and (e), the driver history record of the applicant, and the following medical guidelines:

14.7.a. Limb Impairment: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of a loss or impairment of a foot, leg, arm, hand or fingers unless the applicant passes a skills test in a commercial vehicle adapted for the specific disability. Any waiver issued shall be vehicle specific;

14.7.b. Vision: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of vision problems unless it is found that:

1. The applicant has a distance visual acuity of 20/60 or better with or without corrective lenses in at least one eye;

2. The applicant uses only conventional corrective lenses which excludes bioptic lenses;

3. The applicant does not exhibit uncorrectable double vision;

4. The applicant does not show evidence of disease or rapid deterioration of vision;

5. The applicant can readily distinguish which light is illuminated on a traffic signal showing standard red, amber, and green; or 6. An ophthalmologist or optometrist reports on the supplemental Vision Form that the applicant can safely operate a motor vehicle with appropriate restrictions.

14.7.c. Epilepsy: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of epilepsy or any other condition likely to cause loss of consciousness unless the applicant is seizure free for three years immediately preceding application and free from loss of consciousness, a blackout, fainting or disorientation for one year immediately preceding application. The applicant shall prove reliability in taking prescribed medication by providing blood content level readings;

14.7.d. Cardiovascular: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of cardiovascular problems unless there is no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure. The Division shall not grant an intrastate waiver to any applicant who is disqualified from an interstate license because of a blood pressure reading outside of acceptable federal limits;

14.7.e. Diabetes: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of diabetes unless a board certified/eligible endocrinologist or primary care physician attests that the applicant:

1. Is free from insulin reactions which means the applicant does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one documented, symptomatic hypoglycemic reaction per month;

2. Is able to and has demonstrated willingness to properly monitor and manage his or her diabetes;

3. Is not likely to suffer any diminution in driving ability due to his or her diabetic condition; and 4. Has not exhibited any instances of diabetic shock or coma in the year immediately preceding the application for an intrastate waiver.

14.7.f. Alcohol or Drugs: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license until the applicant has been free from addiction to or abuse of alcohol or other drugs for one year immediately preceding application;

14.7.g. Psychiatric Disorders: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of a mental, nervous, organic, or functional disease or psychiatric disorder if:

1. The applicant exhibits homicidal, suicidal, or destructive behavior;

2. The applicant has experienced extreme anxiety, depression, paranoia, confusion, delusions or hallucinations in the year immediately preceding application; or 3. The applicant has been hospitalized for any condition described in Paragraph (A) or Paragraph (B) in the three years immediately preceding the application.

14.7.h. An applicant disqualified from an interstate license for a medical condition not discussed in this subdivision may apply for an intrastate waiver. The Division shall review applications on a case by case basis with due regard for the applicant's ability to safely operate a commercial motor vehicle. The Division shall not issue an intrastate waiver to an applicant who does not meet the federal standards for hearing found in Title 49 CFR §391.41 (11);

14.7.i. After reviewing the relevant material, the Commissioner or his or her designee may grant or deny an intrastate waiver or refer the application to the Medical Advisory Board for a recommendation. If an intrastate waiver is granted, the Commissioner or his or her designee may apply restrictions or conditions to the license as determined necessary;

14.7.j. If at any time after issuing the license, it is determined the applicant failed to meet a condition or no longer qualifies for an intrastate waiver, then the Commissioner shall cancel the license or modify it with appropriate restrictions, endorsements and/or conditions;

14.7.k. If an intrastate waiver is denied or canceled, the applicant may reapply with additional information at any time. An applicant or licensee who is denied an intrastate waiver is not entitled to an administrative hearing; and

14.7.1. Intrastate waivers granted by another state are not valid in West Virginia.

14.8. A licensee whose commercial driving privileges are disqualified based on a sworn report submitted by a law enforcement officer in accordance with West Virginia Code §17E-1-15 may request a hearing in accordance with West Virginia Legislative Rules, Division of Motor Vehicles, Administrative Due Process, 91 CSR 1. The docket fee for the hearing is $50.

14.9. A third party examiner who has paid either the initial application fee of $100 or the $50 renewal application fee and has contracted with the Division may conduct a road skills examination test. The Division may dismiss a third party examiner who fails to comply with the terms of any contract or agreement with the Division.

14.10. Designated employees of the Division shall conduct random checks of third party examinations for compliance with state rules and federal regulations and any written agreement. All third party examiners shall maintain current certification.

14.11. The Division shall conduct the hazardous material endorsement examination in the English language only and shall issue the endorsement in accordance with the provisions of Section 1012 of the USA Patriot Act as codified at 49 U.S. C. §5103 and Federal Rules implementing the provisions of Section 1012.

14.11.a. All applicants for a first time hazardous material endorsement on or after February 7, 2022 must successfully complete an approved Federal Motor Carrier Safety Administration Entry Level Driver Training Course before the endorsement examination.

14.11.b. In accordance with the provisions of 49 U.S.C. §5103 and 49 CFR §Part 1572 (2004), all applicants for either an original or renewal of a hazardous material endorsement shall submit fingerprints in the manner prescribed by the Division and undergo a security threat assessment check by the United States Department of Homeland Security Transportation Security Administration and by the United States Department of Justice, Federal Bureau of Investigation; and

14.11.c. Any appeal of a denial of a hazardous material endorsement by the United States Department of Homeland Security, Transportation Security Administration shall be heard by the appropriate federal agency and not by the Division of Motor Vehicles.

14.12. The division may, upon appropriate application allow a licensee with a commercial driver's license to temporarily downgrade his or her driver's license status to a Class E passenger vehicle driver's license at the time of renewal if he or she has a temporary disability which prevents the licensee from immediately meeting the Federal Motor Carrier Safety Administration medical criteria. The licensee may restore his or her driver's license to CDL status without retesting if the licensee meets the federal medical criteria within three years of the initial downgrade.

14.13. A commercial driver's license whose privilege to operate a commercial motor vehicle has been revoked, suspended or disqualified for more than three years must pass the knowledge and road skills examination prior to reinstatement of his or her CDL driver' s license. 14.14 A commercial driver's licensee whose privilege to operate a commercial motor vehicle has been downgraded to a Class E driver's license due to an expired medical examination certificate has three years to acquire a valid medical examination certificate and upgrade back to a CDL without retesting. If a driver has been downgraded longer than three years, retesting is required for both the knowledge and road skills in order to requalify for a CDL.

W. Va. Code R. § 91-4-15 Non Driver Identification Cards

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.

15.2. The Division may issue a non-driver identification card to any person sixteen years old or older subject to the following:

15.2.a. The applicant does not have a valid driver's license;

15.2.b. The applicant provides certified birth certificate or any alternate acceptable for the issuance of a driver’s license; and

15.2.c. The applicant complies with the applicable provisions of this rule pertaining to identity, residency and legal presence.

15.3. The holder of an identification card or children's identification card shall surrender the card to the Division when the holder is issued a driver's license. A holder of an identification card who has surrendered his or her driver' s license in order to obtain an identification card may obtain a driver' s license without the requirement of retesting if otherwise eligible under section 7.5 of this rule, if he or she reinstates his or her non-commercial driver's license within thirty- six months of obtaining the identification card. Individuals who held a commercial driver’s license prior to holding an identification card must comply with the provisions of West Virginia Code 17E-1-12 to obtain a commercial driver’s license.

15.4. The Division may issue a non- transferable temporary identification card valid for a period not to exceed 60 days to applicants who appear otherwise eligible but who submit documents that require additional verification.

W. Va. Code R. § 91-4-16 Review And Verification Of Documents

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.

Series 05 Denial, Suspension, Revocation, Disqualification, Restriction, Non-Renewal, Cancellation, Administrative Appeals and Reinstatement of Driving Privileges

W. Va. Code R. § 91-5-1 General

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 9, 2025

1.4. Effective Date. – April 9, 2025

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2030.

W. Va. Code R. § 91-5-2 Application and Enforcement

2.1. Application. -- This rule applies to motor vehicle operators licensed by the Commissioner of the West Virginia Division of Motor Vehicles.

2.2. Enforcement. -- Enforcement of this rule is vested with the Commissioner of the West Virginia Division of Motor Vehicles or the Commissioner’s lawful designee.

W. Va. Code R. § 91-5-3 Denial, Cancellation or Suspension of Driving Privileges for Medical Reasons

3.1. Statutory Provisions. -- W.Va. Code §17B-2-3 provides that the Division of Motor Vehicles shall not issue or renew a driver's license to any applicant or may cancel the driver’s license of any licensee when the Commissioner of Motor Vehicles has good cause to believe that the operation of a motor vehicle on the highways of this State by the applicant or licensee would be inimical to public safety or welfare. Good cause includes, but is not limited to, receipt of an application for license or a written notice submitted pursuant to subsection 9.2. of this rule that indicates the applicant has a medical condition that may affect his or her ability to drive.

3.2. Procedures for Original, Renewal, or Duplicate Applications for License. -- Any application for a license which indicates that the applicant has a medical condition that may affect his or her ability to safely operate a motor vehicle must be accompanied by a letter of explanation in as much detail as the Commissioner requires concerning the mental or physical condition of the applicant at the time of application. If a Medical Report Form is required under this section, it must be completed by a Licensed Medical Practitioner. A Licensed Medical Practitioner includes, but is not limited to doctors of medicine, (MD), doctors of osteopathy (DO), physician assistants (PA), advanced practice nurses (APN), and doctors of chiropractic (DC).

The Commissioner, after reviewing the letter of explanation, may:

3.2.a. Approve the application for license;

3.2.b. Approve the application for license, and impose appropriate restrictions as the applicant's physical or mental condition may require; or

3.2.c. Delay the application decision and require the applicant to submit the following:

3.2.c.1. A Medical Report Form completed by a licensed medical practitioner of the applicant's choice who is licensed in the United States who practices in the specialty field of the medical condition under consideration or;

3.2.c.2. A Vision Examination Report Form completed by an optometrist or ophthalmologist of the applicant's choice who is licensed in the United States and who practices in the specialty field of the vision condition under consideration; and

3.2.c.3. Any other record or other information concerning the applicant or licensee’s medical condition or competency to operate a motor vehicle for the Commissioner to consider.

3.2.d. After review of the records submitted under subdivision 3.2.c of this rule, the Commissioner may approve the application, approve the application with restrictions, deny the application, order the suspension of the license, order the cancellation of the license or submit the records to the Driver License Medical Advisory Board for further review.

3.2.e. The Commissioner, based on standards recommended by the Driver’s License Medical Advisory Board, or upon individual review in instances where no standard applies, may take the action indicated in subsection 3.2 of this rule, refuse the application, or order the suspension or cancellation of the license.

3.2.f. If an application for driver's license, or application for renewal of driver's license is refused by the Commissioner because of a physical or mental condition, the Commissioner shall notify the applicant within 70 calendar days from the date of application or renewal by certified or registered mail, return receipt requested. The applicant is entitled to a hearing in accordance with subsection 3.6 of this rule on the refusal by the Commissioner to issue or renew a driver's license after a review and recommendation by the Driver’s License Medical Advisory Board.

3.3. Procedures for Medical or Vision Review. -- Upon receipt of a written opinion submitted pursuant to subsection 9.2 of this rule or other sufficient evidence of a medical condition which may affect a licensee’s ability to safely operate a motor vehicle, the Division may require the licensee to submit to a medical or vision review. Upon receipt of a written professional opinion submitted by a licensed medical practitioner pursuant to subdivision 9.2.b of this rule, the Division shall immediately cancel the licensee’s driver’s license and the licensee may request to proceed with a medical or vision review.

3.3.a. The Division may upon written notice of five days require the licensee to present on a form prescribed by the Division of Motor Vehicles to the Commissioner or the Driver's License Medical Advisory Board a:

3.3.a.1. Medical Report Form completed by a licensed medical practitioner of the licensee's choice who is licensed in the United States and who practices in the specialty field of the medical condition under consideration; or

3.3.a.2. Vision Examination Report Form completed by an optometrist or ophthalmologist of the licensee's choice who is licensed in the United States and who practices in the specialty field of the vision condition under consideration.

3.3.b. The licensee may, in addition to the medical and or vision report forms, submit any other record or documentation concerning his or her medical condition, vision or competency to drive for consideration of the Driver License Medical Advisory Board and the Commissioner.

3.3.c. The Commissioner, after reviewing the Medical Report or Vision Examination Report and the recommendation of the Driver License Medical Advisory Board if applicable, may:

3.3.c.1. Determine that the licensee is competent to drive a motor vehicle;

3.3.c.2. Determine that the licensee is competent to operate a motor vehicle if certain appropriate restrictions are imposed and impose such restrictions as the licensee's physical or mental condition may require; or

3.3.c.3. Determine that the licensee’s operation of a motor vehicle in accordance with W.Va. Code §17B-2-3, is inimical to public safety or welfare, that no appropriate restrictions can be imposed under which the licensee could safely operate a motor vehicle, and order the cancellation of the license until such time as the licensee is permitted to submit further information to determine whether or not he or she is eligible to drive a motor vehicle.

3.3.d. Upon entry of an order of cancellation, the Division shall mail the licensee a copy of the order by registered or certified mail, return receipt requested. The licensee may request a hearing in accordance with subsection 3.6 of this rule.

3.4. Standards for Medical or Vision Review.

3.4.a. Medical. -- The Driver's License Medical Advisory Board shall evaluate each medical case referred to it on an individual basis and make recommendations to the Commissioner for his or her decision.

3.4.b. Vision. -- The Division shall test each applicant for licensing to determine if the applicant has no serious visual defects and a visual acuity of at least 20/40 in one eye with or without conventional corrective lenses. For the purposes of this rule, conventional corrective lenses including surgical intraocular transplants and contact lenses are acceptable for meeting the visual acuity requirements. Special equipment or special lens arrangements are not considered conventional for the purposes of this rule. However, applicants for licensing who require biotic type lens arrangements may qualify for a restricted Class G driver’s license in accordance with W.Va. Code §17B-2B-1 et seq. and subsection 3.5 of this rule.

3.4.b.1. Applicants who do not meet the minimum visual acuity level or who show serious visual defects shall submit a vision examination form to the Division. The form shall be completed by an ophthalmologist or optometrist of the applicant’s choice who is licensed in the United States. The Division shall approve the applicant as eligible for licensing if the ophthalmologist or optometrist certifies that the applicant’s vision:

3.4.b.1.A. can be corrected with conventional lenses to a visual acuity level of at least 20/60 in one eye;

3.4.b.1.B. that there is no evidence of disease or rapid deterioration of vision; and

3.4.b.1.C. that the applicant can, in the opinion of the ophthalmologist or optometrist, safely operate a motor vehicle with appropriate restrictions.

3.4.b.2. The Driver’s License Medical Advisory Board or the Commissioner may consider any applicant who has been evaluated by an ophthalmologist or optometrist as being able to safely operate a motor vehicle. The Board or the Commissioner may consider peripheral vision, depth perception and color recognition in making a driver licensing decision. Additionally, the Commissioner may prescribe a traffic environment vision test to be administered to the applicant or licensee by designated employees of the Division of Motor Vehicles and/or the Division of Rehabilitation Services.

3.5. Licensing Criteria for Applicants and Licensees with Biotic Telescopic Devices.

3.5.a. This subsection applies to applicants and licensees who use biotic telescopic devices and who wish to obtain or maintain a driver’s license in accordance with W.Va. Code §17B-2B-1 et seq.

3.5.b. A vision specialist meaning an ophthalmologist or optometrist licensed in the United States shall certify that the applicant’s vision can be corrected with the use of a biotic telescopic device without field expanders to meet the minimum visual acuity and visual field standards established in this subsection and shall certify that the applicant meets the other criteria provided in W.Va. Code §17B-2B-2(b)(1).

3.5.c. An applicant shall present a current certificate of acceptance from the Division of Rehabilitation indicating acceptance into the Low Vision Driving Program and a starting date prior to eligibility to take the knowledge examination.

3.5.d. The minimum standards for vision for persons who require biotic lenses to operate a motor vehicle are as follows:

3.5.d.1. Visual acuity of 20-40 distance visual acuity or better through a biotic telescope lens not exceeding a scope of 4X and 20-200 distance visual acuity or better through a carrier lens in one eye;

3.5.d.2. Visual field of vision with horizontal vision of 120 degrees or better and vertical vision of 70 degrees or better which may be met with the use of one or both eyes; and

3.5.d.3. Color vision sufficient to distinguish the traffic light colors red, green and yellow and the colors of turn signals and brake lights;

3.5.e. The Division shall impose and remove an applicant or licensee’s Low Vision Driver Training Program restrictions based on the Division of Rehabilitation Services individualized evaluation of each applicant.

3.5.f. The Division may take action in the form of a warning, modification of restriction, suspension for a fixed term, or revocation against any Class G licensee based on:

3.5.f.1. The Division determining that the licensee was operating a motor vehicle in violation of his or her restrictions by receipt of a crash report, ticket, conviction or any other written notification indicating the unsafe operation of a motor vehicle;

3.5.f.2. Failure of the applicant or licensee to have a vision report submitted in a timely manner when required by law or requested by the Division;

3.5.f.3. Receipt of a crash report indicating the licensee caused a crash that resulted in bodily injury or death; or

3.5.f.4. Determination by the Division of Rehabilitation Services that the licensee no longer meets the minimum requirements to obtain and retain a Class G driver’s license.

3.6. Administrative Due Process. -- Any applicant or licensee may appeal the Commissioner’s decision of denial, suspension, restriction or non-renewal of driving privileges by requesting a hearing within 30 days after receipt of the order. Any request for hearing shall not stay the original order. An applicant or licensee who intends to submit new or additional information not previously considered by the Driver’s License Medical Advisory Board shall first submit the new or additional information to the Division for review and recommendation by the Driver’s License Medical Advisory Board before proceeding with a hearing.

3.6.a. The scope of the hearing is to provide the applicant or licensee the opportunity to show that the Division erred in its decision based upon its records or other evidence previously submitted by the licensee. Only evidence previously submitted by the licensee under the provisions of subsection 3.2, 3.3 and 3.6 of this rule may be considered at the hearing.

3.6.b. After the hearing and consideration of all the testimony and evidence in the case, the Division shall within 70 calendar days, make and enter an order affirming, rescinding, or modifying the Commissioner’s original order. If an order is not issued within 70 calendar days, the licensee may file a motion to compel issuance of a decision.

W. Va. Code R. § 91-5-4 Reinstatement of Suspended Registration

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.

W. Va. Code R. § 91-5-5 Agency Action Upon Receiving Notice of Driving While License is Suspended or Revoked

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 90 days. This period of suspension shall begin 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 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 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.

W. Va. Code R. § 91-5-6 Suspending a West Virginia Resident’s License upon Conviction in another State or Jurisdiction

6.1. Statutory Provisions. -- W.Va. Code §17B-3-6 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.

6.5. Credit for revocation/suspension served: In the event that a state or jurisdiction neglects to provide a conviction to West Virginia within a sufficient time to assess a revocation or suspension period required by this state concurrently with the revocation or suspension period assessed by the state or jurisdiction where the offense occurred and upon the request of a non-commercial license holder, the Division, after confirming the proof submitted by the driver, may provide credit for any license revocation or suspension period served that was imposed by the state or jurisdiction where the offense occurred in order to satisfy all or a portion of a revocation or suspension period required by this State for a West Virginia non-commercial drivers license holder, unless prohibited by federal law. Evidence that a person requesting relief under this provision drove during the period for which credit is sought shall be treated as if the person drove while the license was suspended or revoked by this State.

W. Va. Code R. § 91-5-7 The Point System

7.1. Records. -- W.Va. Code §17B-2-14 requires that the Division keep records in order that an individual record of the licensee showing the convictions of such licensee is readily ascertainable and available for consideration by the Division upon any application for renewal of license "and at other suitable times" consistent with the provisions of W.Va. Code §17B-3-6(a). Accordingly, a record-keeping system to be known as the Point System and to be administered by the Division’s Driver Improvement Section is established in this section.

7.2. Offenses. -- Point Total -- When any licensee of the State of West Virginia who has reached the age of 18 years or older or has obtained a level three full license, is convicted in the State of West Virginia or, pursuant to the provisions of W.Va. Code §17B-3-3, in any other jurisdiction, of any of the following offenses involving a motor vehicle, which conviction has become final, the Division shall enter the offense and the point total shown opposite the offense on the licensee’s driver record maintained by the Division of Motor Vehicles. However, the division shall not record any conviction which is received more than one year from the date of conviction unless the nature of the offense by statute requires suspension, revocation, or disqualification or the offense was committed by a licensee with a Commercial Driver’s License or committed in a Commercial Vehicle.

Statute Violated General Description of Offenses Point Value §17C-5-3, Reckless Driving 6 §17C-4-2, Hit and run involving property damage 6 §17C-4-3, §17C-4-4, §17C-4-5, §17C-4-6

§17C-6-1 Speeding in school zone 6

§61-5-17 Fleeing from an officer in a vehicle 8 §17C-3-4, Failure to obey stop signs and other traffic signs and 3 §17C-12-5, control devices, except failure to obey traffic control signals §17C-3-5, Failure to obey traffic control signals or 3 §17C-3-7, traffic light signals §17C-7-2, Driving to left side of roadway 3 §17C-7-6, §17C-6-1, Driving too fast for conditions, failure to keep 3

§17C-18-1 vehicle under control or hazardous driving §17C-6-1, Speeding in violation of specified or established 6 §17C-6-4, limits where the speed was twenty (20) m.p.h.

§17C-18-1 or more over the posted speed limit.

Speeding in violation of specified or established limits 5 where the speed was fifteen (15) m.p.h. over the posted speed limit but less than twenty (20) over the posted speed limit.

Speeding in violation of specified or established 3 limits where the speed was eleven (11) m.p.h. or moreover the posted speed limit but less than fifteen (15) m.p.h. over the posted speed limit. §17C-9-1, Failure of driver to yield right of way 3 §17C-9-2, §17C-9-3, §17C-9-4, §17C-10-2, §17C-12-6, §17C-9-5, Failure to yield to an Emergency Vehicle 6 §17C-8-2, Improper right-hand and left-hand turns 2 §17C-8-3, §17C-8-4, §17C-7-3, Failure of driver of overtaking vehicle to give 3

§17C-18-1 audible signal, or failure to pass to the left at a safe distance, or driving to the right before safely clear of the overtaken vehicle, or failure of the driver of overtaken vehicle to give way to the right, or driver of overtaken vehicle increasing speed before being completely passed by the overtaking vehicle

§17C-7-5 Passing in face of oncoming traffic 3 §17C-7-7, Passing in no-passing zone 3

§17C-12-1 Failure to obey signal indicating approaching train 3 §17C-15-1, Operation of vehicle without lighted lamps 2 §17C-15-2, or lights when required to be lighted §17C-7-10, Following too closely 2 §17C-14-5, Operation of a vehicle with more than 2

§17C-18-1 three persons in the front seat §17C-14-2, Improper backing 2 §17C-7-8, Driving wrong way on one-way street, 3

§17C-18-1 highway or roadway §17C-8-6, Improper turning movements, or improper 2 §17C-8-8, signals, or no signals §17C-8-9, §17C-8-10, All other moving violations 2

§17C-14-14 Littering 3 §17B Operating a vehicle without a proper driver’s license or 2 Endorsement (The above statutory references are to Chapters, Articles and Sections of the Code of West Virginia, 1931, as amended.)

7.3. Traffic Convictions with No Point Value. -- The abstracts of traffic convictions outlined in this subsection have no point value in the administration of the Driver Improvement Program:

7.3.a. Convictions for operating vehicles on the highways of this or any other state with defective or improper equipment;

7.3.b. Convictions for operating vehicles on the highways of this or any other state in violation of the weight, height, length and width provisions of W.Va. Code;

7.3.c. Convictions for operating a vehicle on the highways of this or any other state with improper registration;

7.3.d. Convictions for operating a vehicle on the highways of this or any other state with an expired vehicle inspection decal or certificate; and

7.3.e. Convictions for operating a vehicle on a controlled access highway of this or any other state at a speed of 10 miles per hour or less above the speed limit in accordance with the provisions of W.Va. Code §17C-6-1 (a), (i) or (j);

7.3.f. Convictions for offenses which are grounds for a driver’s license revocation or suspension.

7.3.g. Convictions for speeding 10 mph or less over the posted speed limit except if the driver holds a commercial driver’s license or was operating a commercial motor vehicle.

7.3.h. Speeding convictions received from another jurisdiction without speed detail unless licensee has received a conviction while holding a Commercial Driver’s license or while operating a Commercial Vehicle.

7.4. Traffic Convictions. -- The Division shall note the appropriate number of points indicated in Subsection 7.2 of this rule on the driver record of any licensee convicted of any of the offenses listed in Subsection 7.2 in West Virginia Circuit, Magistrate or Municipal Court. Consistent with the provisions in W.Va. Code §17B-3-3 the Division shall charge any licensee of the State of West Virginia convicted in any other state, municipality of another state or in the District of Columbia of any offense described in Subsection 7.2 of this rule in violation of any statute or ordinance of such other state, municipality of another state or District of Columbia with the appropriate number of points shown in Subsection 7.2 of this rule opposite the description of the offense. A conviction includes a finding of guilt, a plea of guilty or a plea of nolo contendere.

7.5. Forfeiture of Bail or Deposited Collateral. -- Consistent with the provisions of W.Va. Code §17B-3-4 requiring that all Circuit, Magistrate, and Municipal Courts provide the Division with certified abstracts of judgments on convictions, for the purposes of the point system, a forfeiture of bail or collateral deposited to secure a licensee’s appearance in court, which has not been vacated, is equivalent to a conviction.

7.6. Points assigned for Same Occurrence. -- When a licensee is convicted of two or more offenses arising out of the same occurrence, the Division shall assign points for only one of the offenses. When there is a difference in the point values of the offenses, the Division shall assign the greater point value.

7.7. Revocations. -- W.Va. Code §17B-3-5 provides that certain convictions shall result in an automatic revocation, as opposed to suspension, of the driver’s license of the person convicted. The Division records these convictions on the licensee’s driver record with no assignment of points. The Division assesses points for reckless driving convictions unless three convictions occur within a period of 24 months. In these cases, the licensee is subject to the mandatory revocation in accordance with W.Va. Code §17B-3-5(5). When any person is convicted in the State of West Virginia for an offense for which no point value is assigned but for which a certified abstract of judgment on the conviction is required and furnished to the Division under the provisions of W.Va. Code §17B-3-4 the Division shall note the conviction, without point value, on the driver record of the licensee.

7.8. Accumulation of 12 or More Points. -- The Division shall suspend a licensee’s privilege to operate a motor vehicle upon the accumulation of 12 or more points in accordance with the following schedule:

7.8.a. When a licensee accumulates 12 to 13 points, the period of suspension is 30 days.

7.8.b. When a licensee accumulates 14 to 15 points, the period of suspension is 45 days.

7.8.c. When a licensee accumulates 15 to 17 points, the period of suspension is 60 days.

7.8.d. When a licensee accumulates 18 to 19 points, the period of suspension is 90 days.

7.8.e. When a licensee accumulates 20 or more points, the period of suspension is 120 days.

7.8.f. Any suspension received under the provisions of subdivision 7.8.a., 7.8.b., 7.8.c., or 7.8.d of this rule shall run consecutively and any suspension under subdivision 7.8.e of this rule shall run concurrently.

7.8.g. In lieu of any suspension enumerated above and any reinstatement fee due, the licensee may choose to pay a $200 penalty fee prior to the effective date of the suspension provided that the licensee has not availed himself or herself of this alternative in the prior two years from the date of suspension. The penalty fee shall be deposited in the Motor Vehicle Fees Fund established pursuant to W.Va. Code §17A-2-21.

7.9. Length of Time Points Maintained On Driving Record. -- The Division shall remove the points assessed for a conviction two years from the date of the conviction. However, the conviction shall remain a part of the drivers’ record.

7.10. Effective Starting Time for Period of Suspension. -- The suspension of any driver’s license under the Driver Improvement Program is effective 10 days from the mailing of the notice of suspension.

7.11. Hearings. -- The licensee may appeal an Order of Suspension by requesting a hearing within 10 days of receipt of the Order. The scope of the hearing is whether the person whose license is suspended is the same person to whom the citations were issued or whether the point total is correct.

7.12. Prohibition Against Masking - In accordance with the provisions of W.Va. Code §17E-1-13(g), implementing the requirements of 49C.F.R. §384.226, all citations accumulated by a licensee who holds a commercial driver’s license shall be recorded and retained as a part of the licensee’s driver record. The provisions of W.Va. Code §17C-6-1(i) and (j) which exempt convictions for speeding violation 10 miles per hour or less over the speed limit committed on an interstate or other controlled access highway from being reported to the Division do not apply to a licensee who holds a commercial driver’s license.

W. Va. Code R. § 91-5-8 Driver Improvement Course

8.1. Procedures. – Organizations/vendors shall be approved by the Division to conduct Driver Improvement courses at various times and locations throughout the State. The Division shall approve the course which is not to exceed 15 hours but shall consist of at least seven hours of in classroom or virtual instruction time. Any approved organization be certified by the National Safety Council to conduct Driver Improvement 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 an approved 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 18 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 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 approved 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.

8.2. Graduated Driver Improvement Course. - In accordance with the provisions of W.Va. Code §17B-2-3a, any level two licensee under the age of 18 who has been convicted of a moving traffic offense or violation of the terms and conditions of a level two intermediate driver’s license shall complete an approved graduated driver improvement course prior to obtaining a level three full license. The course shall consist of at least four hours of instruction specifically designed for younger drivers.

8.2.a. Completion of the Graduated Driver Improvement Course shall not remove the record of conviction from a licensee’s record. In accordance with the provisions of W.Va. Code §17B-2-3a, the privilege to operate a motor vehicle of any licensee who holds a graduated driver’s license shall be revoked until the licensee’s 18th birthday or longer if applicable, upon the second conviction for a moving traffic violation or violation of the terms and conditions of a level two intermediate license.

8.2.b. Completion of the Graduated Driver Improvement Course shall not affect the provisions of W.Va. Code §17B-2-3a which establishes a prerequisite of conviction free driving for the 12 months immediately preceding the date of application for a level three full license.

8.2.c. Completion of the driver improvement course as provided in subsection 8.1 of this rule may substitute for the requirements of this subdivision if a Graduated Driver Improvement Course is not available. However, a licensee under the age of 18 who completes the course as substitution may repeat the course for the purposes of point reduction after obtaining a level three full license.

W. Va. Code R. § 91-5-9 Procedures for Medical Review and Driving Re-Examination of Licensed Drivers

9.1. Statutory Provisions. -- In accordance with W.Va. Code §17B-3-7, the Division of Motor Vehicles may require a re-examination of a licensed driver. The Division, having good cause to believe that a licensed driver is inimical to public safety or welfare or otherwise not qualified to be licensed, may upon written notice of at least five days require the licensee to submit to a medical review, vision, written and driving examination, and may immediately suspend or cancel the licensee’s driving privilege upon receipt of a written notice pursuant to subdivision 9.2.b or d of this rule. Upon the conclusion of the examination, the Division shall take action as may be appropriate and may cancel, suspend or revoke the license of that person or may issue a license subject to restrictions as provided under W.Va. Code §17B-2-10. The Division may cancel, suspend or revoke the license of the licensee if he or she refuses or neglects to submit to the examination.

9.2. Good Cause. -- For the purposes of this rule, good cause means:

9.2.a. A written, professional opinion from a licensed medical practitioner that the licensee has a physical, medical or emotional condition which jeopardizes the licensee’s ability to operate a motor vehicle;

9.2.b. A written, reasoned opinion from an adult relative or caregiver with an immediate knowledge of the licensee’s driving ability or medical condition that impairs the licensee’s ability to operate a motor vehicle. However, the Division shall not enter an immediate suspension or revocation of the licensee’s driving privilege based solely on notice from an adult relative or care giver until a medical review under subdivision 3.2 of this rule or driving reexamination has been completed;

9.2.c. A written notice from an employee of a rehabilitation facility’s driver education, driver training or other similar program, that in his or her judgment, the licensee presents a danger to public safety or welfare, or;

9.2.d. A written notice from a law enforcement officer, an officer of the court, or a designated employee of the Division that in his or her judgment there is reason to believe that the licensee is incompetent or unable to safely drive a motor vehicle. This judgment may be based upon personal observation and/or a review of Division records or any form of the licensee’s accident history. However, the Division shall not enter an immediate suspension or revocation of the licensee’s driving privilege based solely on notice from an officer of the court or an employee of the Division until a medical review under subsection 3.2 of this rule or driving reexamination has been completed.

9.3. The Division shall mail the notice of re-examination to the licensee’s most recent driver license address on file with the Division by certified or registered letter. The notice shall contain the time and place designated for the re-examination and, also, shall contain a brief explanation that the Division may impose a suspension or revocation if the licensee fails to appear and submit to the re-examination as directed by the notice.

9.4. The re-examination may consist of a maximum of four parts.

9.4.a. The first part consists of completion of a medical report form by a physician in accordance with Section 3 of this rule.

9.4.b. The second part consists of a vision test and an inquiry into any physical disability. In addition to a review of the licensee’s physical qualifications, the driver examiner conducts a personal interview with the licensee.

9.4.c. The third part of the re-examination consists of a written test composed of questions of equal value. The licensee shall answer correctly a minimum of 70% of the questions covering motor vehicles laws, rules of the road, highway warnings, traffic signs and signaling devices to pass the re-examination. The examiner may administer the written test verbally if the licensee is determined by the examiner to be illiterate. The reference document for the material on the test is the official Driver’s Handbook as prescribed by the Division of Motor Vehicles.

9.4.d. The fourth part of the re-examination is a driver clinic skills test to determine the driving skills of the licensee. The examiner may not give the driver clinic skills test if the licensee fails to exhibit the minimum physical ability to safely operate a motor vehicle.

9.5. If the licensee fails any part of the re-examination, the Division shall suspend his or her license and notify the licensee of the suspension. The Division shall send the notice by certified or registered mail and the suspension is effective four days after the date of the suspension order.

9.6. The licensee is not eligible for a second re-examination until the expiration of 30 days from the date of the failed re-examination. The licensee shall make a request, by letter or in person, to the Division of Motor Vehicles, for the opportunity to take subsequent re-examinations.

9.7. If a licensee fails a second re-examination, the licensee is not eligible for a re-examination until 60 days have expired from the date of the previous re-examination. If a licensee fails a third re-examination, the licensee is not eligible for the fourth re-examination until six months have elapsed. Failure of four consecutive re-examinations is grounds for permanent revocation and the licensee is not eligible for additional testing until one year from the last re-examination date.

9.8. If the licensee fails to pass the re-examination because of failure to meet the visual qualifications, the Division shall not grant a further examination until he or she submits adequate evidence of visual improvement.

9.9. If the driver’s license is canceled or suspended because of a physical condition and the licensee subsequently submits a satisfactory medical report, the Division may require the licensee to submit to part three and part four of the examination to determine the licensee’s driving ability before the driver’s license is reinstated.

9.10. The Division may cancel, suspend or revoke the driver’s license of a licensee who refuses or neglects to submit to any part of the examination, or both, requested in accordance with the provisions of W.Va. Code §17B-3-7.

W. Va. Code R. § 91-5-10 Suspension or Revocation Following Notice of Returned Check

10.1. Statutory Provisions. -- W.Va. Code §17A-2-16 authorizes the Division to suspend or revoke any and all registration cards, permits, driver’s licenses and registration plates issued to the person, firm or corporation by whom or on whose account any required fees shall have been determined to remain unpaid after reasonable notice and demand. W.Va. Code §17A-2-23 authorizes the Division to apply a penalty fee in addition to any other penalty imposed by the W.Va. Code. In accordance with the provisions of W.Va. Code §17A-3-14, the Division shall suspend without prior notice, any vehicle registration paid for by a check which is returned for insufficient funds. The notice and demand procedures in this rule does not apply to vehicle registration suspensions.

10.2. Determination of Unpaid Fee or Tax. -- Upon receipt of any check returned to the Division unpaid for any reason, the Division shall consider the required fee unpaid.

10.3. Reasonable Notice and Demand. -- Upon the Division’s receipt of a check or checks which are returned unpaid for any reason by the check maker’s financial institution, the Division shall mail a proposed notice of suspension or revocation to the maker of the check and the licensee or registrant, if different from the check maker. The notice of proposed suspension or revocation shall give the check maker 10 days to redeem the face amount of the check and pay any penalty fees.

10.4. Suspension or Revocation. -- If after 10 days, the account remains unpaid, the proposed suspension or revocation of licenses or registrations is effective. The licensee or registrant has 10 days to surrender the suspended or revoked licenses or registrations to the Division.

10.5. Failure to Surrender Documents. -- In accordance with the provisions of W.Va. Code §17A-9-7 the Division shall notify the Superintendent of the State Police to secure possession of any registration plate or other document which the licensee has failed to surrender and return them to the Division.

10.6. Administrative Due Process. -- The licensee or registrant is entitled to due process. The licensee may appeal a suspension by requesting a hearing within 10 days of receipt of the Order.

10.7. Penalty and Reinstatement Fee. -- The licensee or registrant shall pay the fees as set forth in W.Va. Code §§17A-2-23, 17A-9-7 and 17B-3-9. The provisions of W.Va. Code §17A-9-7 also provides for an additional serve order fee if the State Police is ordered to secure the suspended or revoked licenses or registrations.

10.8. Payment. -- A licensee or registrant shall pay all fees required under the provisions of this rule by certified check, money order or cash.

W. Va. Code R. § 91-5-11 Suspension under Nonresident Violator Compact

11.1. Statutory Provisions. -- W.Va. Code §17B-1C-1 et seq. authorizes this State’s entry into the Nonresident Violator Compact. In accordance with the Compact, each compact member state agrees to allow motorists to accept a traffic citation for certain violations and proceed without delay and without the posting of bond or payment of fine regardless of whether the motorist is a resident of the jurisdiction in which the citation was issued.

11.2. Failure to Comply. -- Under the provisions of the Nonresident Violator Compact, the Division shall suspend the operating privileges of West Virginia drivers who fail to comply with the terms of certain citations issued by other compact states. The Division shall not act on any failure to comply with a report transmitted to the division more than six months from the date of the offense.

11.3. Notification. -- When another state notifies the Division that a West Virginia licensee has not complied with a traffic citation, the Division shall send the licensee a proposed order of suspension by certified mail return receipt requested. The licensee shall submit to the Division proof of compliance with the terms of the citation within 45 days.

11.4. Proof of Compliance with the Terms of the Citation. - Proof of compliance means certification from the out of state court having jurisdiction that the fine and court costs have been fully satisfied or a certification from the court showing that the citation was dismissed, or the licensee adjudicated not guilty. Proof of compliance does not mean personal representation, or copies of money orders, personal checks, or certified checks.

11.5. Failure to Respond. -- If the Division does not receive proof of compliance within the required 45 days, it shall suspend the licensee’s privilege to operate a motor vehicle until such time as proof of compliance with the terms of the citation is received.

11.6. Administrative hearing. -- The licensee may appeal a suspension by requesting a hearing within 10 days of receipt of the Order. The scope of the hearing is whether or not the person having a license suspended is the person to whom the citation was issued.

11.7. Reinstatement. -- Penalty fees under the provisions of W.Va. Code §17B-3-9 applies to the suspension of driving privileges for failure to comply with the terms of a citation from a compact member state. The reinstatement of a suspended driver’s license requires the payment of these fees, in addition to compliance with the terms of the citation in accordance with Section 11.4 of these rules to the satisfaction of the out-of-state court.

W. Va. Code R. § 91-5-12 Restriction or Denial of License under Student Attendance Law

12.1. Statutory Provisions. -- In accordance with the provisions of W.Va. Code §§17B-3-6(a)(9) and 18-8-11, the Division of Motor Vehicles shall restrict a driver’s license or instruction permit issued to any person under the age of 17 upon certification by the attendance director or chief administrator of the county that the person is not compliant with the attendance requirements of §18-8-11.

12.2. Notification. -- Upon notification that a person under the age of 17 years has failed to comply with W.Va. Code §18-8-11, the Division of Motor Vehicles shall check to determine if the person has a driver’s license or instruction permit. If the person is licensed, the Division shall send a notice of restriction by certified mail to the licensee’s address of record, return receipt requested. The notice of restriction shall inform the licensee that his or her license shall be restricted to driving for work or medical purposes or educational or religious pursuits. The notice shall also advise that the restriction shall begin 30 days after the date upon which the letter was mailed, unless the licensee can show documentation of compliance with W.Va. Code §18-8-11 prior to the date of restriction. The notice shall also advise the licensee that he or she is entitled to a hearing before the county superintendent of schools or his or her designee or before the appropriate private school official concerning whether or not the licensee’s withdrawal from school was due to circumstances beyond the control of the licensee, making the licensee eligible for a waiver from the provisions of W.Va. Code §18-8-11.

12.3. Administrative Hearing. -- The licensee may appeal a suspension by requesting a hearing within 10 days of receipt of the Order. The scope of the hearing is limited to questions of improper identity, incorrect age or some other bookkeeping error made by the Division. The circuit court shall use the Division’s record to determine identity and age of the licensee. The burden of proof is on the driver.

12.4. Reinstatement. -- The Division shall reinstate any license which has been restricted under W.Va. Code §17B-3-6, pursuant to W.Va. Code §18-8-11, after the licensee shows that he or she has:

12.4.a. Reached the age of 17;

12.4.b. A certificate of graduation issued to the person from a secondary high school or general education development certificate;

12.4.c. A release of restriction issued by the attendance director or chief administrator of the county;

12.4.d. Certification from the attendance director or chief administrator of the county that the person is excused from the requirements of W.Va. Code §18-8-11; or

12.4.e. Certification of enrollment in an institution of higher education as a full-time student in this state or any other state.

12.4.f. Certification from a parent or legal guardian that the child is being educated and making satisfactory academic progress through homeschooling.

W. Va. Code R. § 91-5-13 Suspension Under Resident Violator Program

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 in a 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 judgment receipt which shows that the requirements of the citation have been met. A “Verification of Satisfaction” shall be considered the only acceptable form or proof of compliance and be required to fulfill the requirements set forth in W.Va. Code §17B-3-3a, b, or c when the petition for suspension is submitted by a magistrate court.

13.4. Failure to Respond. -- If the Division does not receive proof of compliance or verification of satisfaction, the licensee’s privilege to operate a motor vehicle shall remain suspended until such time as the Division receives proof of compliance or verification of satisfaction 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 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 or verification of satisfaction with the citation prior to reinstatement of a suspended driver’s license.

W. Va. Code R. § 91-5-14 Municipal Citations and Miscellaneous Court Orders. 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

W. Va. Code R. § 91-5-15 Suspending or Restricting a Licensee for Failure to Maintain Court Ordered Child Support Payments

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.

15.2.b. Restriction. -- In accordance with the provisions of W.Va. Code §48-15-101 et seq. and §17B-2-10(b), the Division shall, upon receipt of the Court’s order restricting the licensee, restrict the licensee to the operation of a motor vehicle for transportation to and from work, work related driving, or to and from a court approved education or training program subject to the following;

15.2.b.1. Within 10 days of the effective date of the Division’s order of restricted driving privileges, the licensee shall surrender his or her current license to the Division for issuance of a specially marked restricted license. For the purposes of this rule, the Division shall issue the restricted license as a duplicate license under the provisions of W.Va. Code §17B-2-11. The provisions of W.Va. Code §17B-3-9 not requiring surrender of license apply only when a driver’s license is suspended or revoked.

15.2.b.2. The Division shall suspend the driver’s license of a licensee who fails to surrender the current license and pay the required duplicate license fee until proof of compliance with the child support order is received and the licensee pays the reinstatement fees as provided in Subsection 15.7 of this rule.

15.2.b.3. The Division shall immediately suspend the driver’s license of any licensee who violates the terms of the restricted license as provided in Subsection 15.6 of this rule.

15.2.b.4. The Division shall reinstate the licensee’s full driving privileges in accordance with Subsection 15.7 of this rule.

15.3. Notification. -- The Division shall send the licensee an order of nonrenewal, suspension or restriction of driving privileges upon notice from a Circuit Court ordering suspension or restriction of driving privileges. The Division shall send the order to the licensee’s address of record by certified or registered mail, return receipt requested.

15.4. Term of Denial, Nonrenewal, Suspension or Restriction. -- In accordance with the provisions of W.Va. Code §48-15-302, the license action ordered by the Court continues until the Child Support Enforcement Division provides the Division with either a Court order withdrawing the license action or certification that the licensee is in compliance with the court order for the payment of current child support and arrearage.

15.5. Administrative Appeal. -- A licensee who believes that the license suspension order has been directed to the licensee in error may request a hearing. In accordance with the provisions of W.Va. Code §48-15-301(e), the Division does not have jurisdiction to modify, remand, reverse or stay a court order to take action against a license. Therefore, the scope of any administrative appeal is limited to the sole purpose for the licensee to present evidence that he or she is not the person named in the Court Order.

15.6. Driving While Suspended or in Violation of Restriction.

15.6.a. The provisions of W.Va. Code §17B-4-3 apply to a licensee convicted of driving while his or her license has been suspended for nonpayment of child support. The conviction, if it is the second conviction for driving while suspended or revoked, shall automatically extend the period of suspension for an additional 90 days.

15.6.b. The Division shall suspend the license of any person who violates the terms of the restricted license. The license suspension continues in effect until the Child Support Enforcement Division provides the Division with either a Court order withdrawing the license action or certification that the licensee is in compliance with the court order for the payment of current child support and arrearage and the payment of all fees.

15.6.b.1. The Division shall automatically suspend the license of a licensee who is convicted of violating the terms of a restricted driver’s license until the licensee meets the terms of reinstatement. The administrative appeal provisions of Subsection 15.5 of this rule apply.

15.6.b.2. The Division shall automatically suspend the license when the Division receives notice from any law enforcement officer that a licensee has violated the terms of a restricted license until the licensee meets the terms of reinstatement. The administrative appeal provisions of Subsection 15.5 of this rule shall govern any request for hearing.

15.7. Reinstatement of License. -- In accordance with the provisions of W.Va. Code §48-15-302, the suspension or restriction of a license continues until the Court or the Child Support Enforcement Division files with the Division either a court order restoring the license or a Child Support Enforcement Division certification attesting to compliance with court orders for the payment of current child support and arrearage. Proof of compliance shall not mean Court documents which do not contain the signature of the Circuit Court judge or family law master, unsigned notice from the Child Support Division, copies of certified checks, personal checks, money orders or personal representation. A person whose license was suspended shall prior to reinstatement pay all fees assessed as a result of the suspension. A person whose license was restricted shall surrender the restricted license and pay for a duplicate license.

W. Va. Code R. § 91-5-16 Alcohol and Drug Test and Lock Program

16.1. Application and Statutory Reference. -- This section applies to persons applying for restricted driving privileges when the person’s license has been revoked for driving under the influence or related offenses under the provisions of W.Va. Code §17C-5A-3a and to providers and manufacturers of alcohol and drug test and lock equipment.

16.2. Definitions.

16.2.a. Applicant -- Means the person applying for enrollment in the motor vehicle alcohol and drug test and lock program as established in accordance with W.Va. Code §17C-5A-3a.

16.2.b. Commissioner -- Means the executive officer of the Division of Motor Vehicles appointed by the Governor pursuant to W.Va. Code §17A-2-2 or his or her lawful designee.

16.2.c. Commercial Motor Vehicle -- Means any motor vehicle designed or used to transport passengers or property as defined in W.Va. Code §17E-1-3.

16.2.d. Division -- Means the division of motor vehicles of this state acting directly or through its duly authorized officers and agents.

16.2.e. Equipment -- Means a mechanical or computerized system, installed and monitored by an approved Service Provider, which prevents the operation of a motor vehicle when, through the system’s assessment of the blood alcohol content of the person operating or attempting to operate the vehicle, that person is determined to be under the influence of alcohol.

16.2.f. Final Revocation -- Means a license suspension or revocation which has run the full course of administrative and/or judicial review. In the context of this section, a person may not participate in the program if the person has any action pending on the offense either criminally or administratively. The revocation must be final.

16.2.g. Law Enforcement Officer -- Means a law enforcement officer as defined in W.Va. Code §17C-5-4.

16.2.h. License -- Means any permit or license issued by this State which authorizes a person to drive a motor vehicle, or the privilege to operate a motor vehicle.

16.2.i. Participant -- Means the person accepted for enrollment in the motor vehicle test and lock program as established in accordance with W.Va. Code §17C-5A-3a.

16.2.j. Passenger Vehicle -- Means a Class A vehicle weighing 10,000 pounds or less.

16.2.k. Positive Identification Equipment -- A mechanical or computerized system that positively identifies the user of the Ignition Interlock equipment.

16.2.l. Program -- Means the motor vehicle alcohol and drug test and lock program as established in accordance with W.Va. Code §17C-5A-3a.

16.2.m. Revocation Waiver Program – Means a procedure that allows an applicant to avoid a revocation by applying for the Test and Lock Program prior to the scheduled revocation date in accordance with W.Va. Code §17C-5A-3a(e). This will result in the revocation period being converted to additional participation time in the program.

16.2.n. Safety and Treatment Program -- Means the Safety and Treatment Program as established in accordance with W.Va. Code §17C-5A-3.

16.2.o. Service Provider -- Means a vendor and its employees authorized by Division of Motor Vehicles to provide services related to the program.

16.2.p. Service Center -- Means the physical location of a vendor where services related to the program are provided.

16.3. Eligibility for Program Participation.

16.3.a. An applicant who is a resident of this state must hold a West Virginia license. An applicant who is a resident of another state or jurisdiction must participate in accordance with terms established by the Commissioner.

16.3.b. An applicant must be 18 years of age or older.

16.3.c. An applicant’s license must be revoked for an offense in violation of W.Va. Code §§17B-3-5(6), 17C-5-1 et. seq., or 17C-5A-1 et. seq.

16.3.d. An applicant must have served the minimum license revocation period as prescribed by W. \Va. Code §17C-5A-3a, and this rule, unless the applicant is applying through the Revocation Waiver Program.

16.3.d.1. If the applicant’s license has been revoked for a first offense of driving under the Influence with BAC less than .15 or knowingly permitting driving under the influence as described in W.Va. Code §§17C-5A-2(j), 17C-5-2(e) or 17C-5-2(h), the applicant must serve a minimum revocation period of 15 days before he or she is eligible to participate in the program. The applicant must retain the interlock device in his or her vehicle for a minimum period of 125 days.

16.3.d.2. If an applicant’s license has been revoked for a first offense described in W.Va. Code §17C-5-7, refusal to submit to designated secondary chemical test, the applicant must serve a minimum revocation period of 45 days before he or she is eligible to participate in the program. The applicant must retain the interlock device in his or her vehicle for a minimum period of 12 months.

16.3.d.3. If an applicant’s license has been revoked for a first offense of Driving Under the Influence with BAC of .15 or more as described in W.Va. Code §17C-5A-2(k) or 17C-5-2(f), the applicant must serve a minimum revocation period of 45 days before he or she is eligible to participate in the program. The applicant must retain the interlock device in his or her vehicle for a minimum 270 days.

16.3.d.4. If an applicant’s license has been revoked for a first offense of driving under the influence involving the death of another person as described in W.Va. Code §§17C-5A-2(g) or (h) or 17C-5-2(a) or (b), the applicant must serve a minimum revocation period of 12 months before he or she is eligible to participate in the program. The applicant must retain the interlock device in his or her vehicle for a minimum of two years.

16.3.d.5. If an applicant’s license has been revoked for a first offense of driving under the influence involving the bodily injury of another person as described in W.Va. Code §§17C-5A-2(i) or 17C-5-2(c), the applicant must serve a minimum revocation period of two months before he or she is eligible to participate in the program. The applicant must retain the interlock device in his or her vehicle for a minimum of one year.

16.3.d.6. If an applicant’s license has been revoked for a first offense of driving under the influence while having a child under the age of 16 in the vehicle as described in W.Va. Code §§17C-5A-2 (o) or 17C-5-2(k), the applicant shall serve a minimum revocation period of 60 days before he or she is eligible to participate in the program. The applicant shall retain the interlock device in his or her vehicle for a minimum of 10 months.

16.3.d.7. The Division will add one year to the minimum period for the use of the ignition interlock device for each additional previous conviction or revocation within the past 10 years.

16.3.d.8. If an applicant’s license has been revoked for a second offense described in W.Va. Code §§17C-5A-1 et seq. or 17C-5-1 et. seq., the applicant must serve a minimum revocation period of 12 months before he or she is eligible to participate in the program, except as otherwise defined in this subdivision. The applicant must retain the interlock device in his or her vehicle for a minimum period of two years.

16.3.d.9. If an applicant’s license has been suspended for a first offense of underage 21 - any measurable alcohol as described in W.Va. Code §§17C-5A-2 (n) or 17C-5-2) (i), the applicant must serve a minimum revocation period of 30 days before he or she is eligible to participate in the program. The applicant must retain the interlock device in his or her vehicle for a minimum of six months.

16.3.d.10. If an applicant’s license has been revoked for a second offense of under the age 21 - any measurable alcohol as described in W.Va. Code §§17C-5A-2(n) or 17C-5-2(j), the applicant must serve a minimum revocation period of two months before he or she is eligible to participate in the program. The applicant must retain the interlock device in his or her vehicle for a minimum of 12 months for each additional previous conviction or revocation within the past 10 years.

16.3.d.11. If an applicant’s license has been revoked for a second offense of Driving Under the Influence while having a child under the age of 16 in the vehicle as described in W.Va. Code §§17C-5A-2(o) or 17C-5-2 (k), the division shall add an additional two months to the minimum period for the use of the interlock device as required in Paragraph 13.6.d.8. of this rule.

16.3.d.12. If an applicant’s license has been revoked for a second offense of Driving Under the Influence involving the Bodily Injury of another person as described in W.Va. Code §§17C-5A-2(I) or §17C-5-2(c), the division shall add an additional six months to the minimum period for the use of the interlock device as required in Paragraph 13.6.d.8. of this Rule.

16.3.d.13. If an applicant’s license has been revoked for a second offense of driving Under the Influence involving the Death of another person as described in W.Va. Code §§17C-5A-2(g) or (h) or 17C-5-2(a) or (b), the division shall add an additional 24 months to the minimum period for the use of the interlock device as required in Paragraph 13.6.d.8 of this rule.

16.3.e. An applicant must within 60 days of acceptance in the program be enrolled in or have completed the Safety and Treatment Program. 16.3.e.1 If the Division finds, during review of any participant’s data that the participant continues to exhibit signs of abuse through frequent or significant Blood Alcohol Content (BAC) readings, the Division shall inform the Safety and Treatment Program provider, who shall then determine if further services are indicated.

16.3.e.2. If, subsequent to receipt of a notification of completion of the Safety and Treatment Program, the Division finds, during review of a participant’s data that the participant continues to exhibit signs of abuse through frequent or significant Blood Alcohol Content (BAC) readings, the Division shall inform the Safety and Treatment Program provider, who shall then void the notification of completion. The Division shall notify the participant that he/she must return to the Safety and Treatment Program provider for re-evaluation and possible further services.

16.3.f. An applicant is not eligible for participation in the Program if his or her license is revoked or suspended for any other reason or has any other active suspensions or revocations in any jurisdiction except those included in subsection 16.3.g of this rule unless the applicant provides evidence that the active revocation or suspension in the other jurisdiction is for the same events resulting in application to participate in the Program. The applicant cannot operate a motor vehicle in the other jurisdiction until authorized by the other jurisdiction.

16.3.g. An applicant is eligible for participation in the program if he or she has been convicted of any violation of W.Va. Code §17B-4-3, for driving while the applicant’s driver’s license was suspended or revoked within the six months period preceding the date of application. He or she may still participate in the test and lock program by serving the revocation or suspension required by W.Va. Code §17B-4-3 as additional participation time in the program.

16.3.h. Any person who is revoked for a second or subsequent DUI stemming solely from the use of controlled substances or drugs may apply for a revocation reduction in accordance with W.Va. Code §17C-5A-3a (e) or (f).

16.3.i. The Division may require random blood and/or urine tests or other drug test types for participants with a controlled substance or drug DUI, combined alcohol/controlled substance or drug DUI, or participants who demonstrate use of a controlled substance or drug.

16.4. Application Procedures.

16.4.a. An applicant shall complete a program application, agree in writing to the conditions of participation and completion and submit a non-refundable fee of $100.00 in the form of a certified check or money order to the Division of Motor Vehicles.

16.4.b. The payment of the application fee shall cause the application to remain valid for a period of six months.

16.4.c. The Commissioner shall either approve the application for participation, subject to the availability of equipment for installation, or shall rule the applicant ineligible for participation based on the criteria prescribed in subsection 16.3 of this rule.

16.4.d. An applicant may reapply no more than two times in a six month period. An applicant initially ruled ineligible and subsequently found to be eligible within six months of the initial application is not required to pay the application fee again.

16.5. Applicant Requirements.

16.5.a. The applicant, upon receipt of program entry approval, is responsible for completing, signing and returning to the Commissioner, the agreement of conditions of participation and completion, and contacting an approved service provider for installation of the equipment.

16.5.b. A licensed driver shall drive the applicant to the service center in the vehicle in which the equipment is to be installed. The vehicle shall be a Class A passenger type vehicle with a valid registration. The applicant shall provide all registration and insurance documents upon request. Insurance information will be subject to random verification. Vehicles must be in such condition as to be capable of passing a safety inspection. Vehicles manufactured before 1988 are not eligible for installation of the equipment. An inspection may be required to verify the presence of an OBD I (On-Board Diagnostics Generation One) or newer version. No vehicle of any other vehicle class may be used in the program.

16.5.c. The applicant shall complete the orientation and training program provided by the service provider to the satisfaction of the service provider. Any other person who will operate the vehicle while the equipment is installed shall also complete the orientation and training program to the satisfaction of the service provider.

16.5.d. If the vehicle owner is not present at the time of the installation, the applicant shall provide the service provider with a notarized statement of authorization by the vehicle owner allowing the installation of the equipment.

16.5.e. The service provider shall notify the Commissioner of the applicant’s successful completion of the orientation and training program and that the data-logger and positive identification equipment was installed in accordance with the criteria established by the Commissioner.

16.5.f. The Commissioner shall issue the applicant a restricted Class E license upon the Commissioner’s receipt of the service provider’s notification of equipment installation and successful orientation and training. The license shall restrict the applicant to operating only the vehicle or vehicles in which the equipment is installed.

16.5.g. Under no circumstances shall the applicant operate any motor vehicle until the equipment is installed and the applicant has received the specially marked restricted license or temporary letter of authorization. The Division shall provide the participant a temporary letter of authorization to immediately use at the time of equipment installation which may be presented to law enforcement as evidence of a restricted license. The participant shall apply for a restricted driver’s license immediately after installation of the equipment. Any participant that fails to apply for the restricted license within 60 days shall have participation time increased for a period equivalent from the time of installation of the device until the time of application for the restricted license.

16.5.h. The applicant is responsible for any consequences of operation of the vehicle by persons who have not been trained by the service provider, or who fail to operate the equipment in the manner prescribed by the service provider.

16.5.i. Any person required to participate in this program must have an approved ignition interlock device installed on every Class A vehicle he or she owns or operates.

16.6. Participant Requirements for Continued Eligibility.

16.6.a. The Commissioner may immediately revoke the restricted driving privileges upon notice of any law enforcement officer, Division employee, or service provider of any participant who:

16.6.a.1. Fails to meet the attendance and participation requirements of the Safety and Treatment Program in which the participant is enrolled, or fails to report for a re-evaluation as required by 16.3.e.2 of this rule.

16.6.a.2. Has received any other suspension or revocation;

16.6.a.3. Has operated or owned a motor vehicle not containing the required equipment, or was operating a vehicle in violation of any restriction imposed by this rule or the program participation agreement;

16.6.a.4. Owns a motor vehicle with equipment that has been altered, tampered with, bypassed or removed without the prior approval of the Commissioner;

16.6.a.5. Has allowed or caused another person to bypass, or attempt to bypass the equipment or to circumvent the device in any manner;

16.6.a.6. Has operated or attempted to operate a motor vehicle under the influence of alcohol or controlled substances;

16.6.a.7. Has been convicted of any motor vehicle offense contained in W.Va. Code §17B-3-5;

16.6.a.8. Fails to abide by the terms and conditions of the lease agreement with the service provider. A service provider shall not remove a participant from the Program without prior approval of the Commissioner;

16.6.a.9. Fails to submit to a drug test or demonstrates the use of a controlled substance or drug as referenced in subdivision 16.3.i or of this rule. Due consideration is given when a lawfully prescribed medication yields a positive result if it is taken in accordance with a valid prescription order from a licensed medical practitioner and the prescribed dosage does not create an impairment to driving safely;

16.6.a.10. Fails to provide an adequate written explanation regarding the lack of use of the equipped vehicle or vehicles when requested by the Division.

16.6.b. The Commissioner, in conjunction with the Service Provider, may assess applicants for re-entry into the Test and Lock Program or may extend the period of time a participant is required to participate in the Program for violations of the terms and conditions of the Program in accordance with the following criteria:

16.6.b.1. An applicant who is disqualified for failure to enroll in or successfully complete the Safety and Treatment Program, but subsequently fully completes the Safety and Treatment Program is eligible for re-entry.

16.6.b.2. An applicant who is disqualified for driver license suspensions of 120 days duration or less and has subsequently resolved those suspensions in a timely manner is eligible for re-entry.

16.6.b.3. The Commissioner may extend the participant’s time in the Program for two months or more, not to exceed a period equal to the original participation time after an evaluation of the frequency and severity of the participant’s violations of the terms and conditions of the Program or other offenses. The Commissioner may disqualify the participant for violations occurring during participation in the Program subject to the following:

16.6.b.3.A. The participant will receive no credit for any minimum revocation time period served or participation time period served prior to the disqualification if the participant is disqualified for a combination of frequent or severe violations; and

16.6.b.3.B. The participant shall serve a minimum revocation period of 12 months, pay any prior fees owed to the service provider, re-apply for participation in the Program, and retain the Interlock device in his or her vehicle or vehicles for the minimum period described in W.Va. Code §17C-5A-3a and in Subsection 16.3 of this Rule.

16.6.b.4. The Commissioner shall disqualify the participant for major violations occurring during participation in the Program including, but not be limited to; committing any alcohol-related offenses; driving while his or her driver’s license was suspended or revoked, driving a vehicle without the required interlock device; tampering with, bypassing, removing or otherwise circumventing the interlock device or allowing another person to do the same; failing to use the equipped vehicle or vehicles; or exhibiting abusive or threatening behavior toward an employee of the Service Provider or Division subject to the following:

16.6.b.4.A. The participant will receive no credit for any revocation or participation time served prior to the disqualification if he or she is disqualified for major violations; and

16.6.b.4.B. The participant shall then serve a minimum revocation period of 12 months, pay any prior fees owed to the service provider, re-apply for participation in the Program, remit a security deposit to the service provider of an amount not to exceed the cost of the Interlock device, and retain the Interlock device in his or her vehicle or vehicles for the minimum time period described in W.Va. Code §17C-5A-3a and in Subsection 16.3 of this Rule.

16.7. Eligibility For Reinstatement Of License.

16.7.a. For purposes of this rule eligibility for reinstatement of driving privileges means, completion of the Safety and Treatment Program, expiration of the required period of time in which equipment is required to be installed and payment of all fees including any fees owed to the service provider.

16.7.b. If a participant has failed to complete the Safety and Treatment Program and pay all required fees by the end of the mandatory equipment usage time period, the participant shall either:

16.7.b.1. Continue to use the equipment while actively enrolled in and completing the Safety and Treatment Program; or,

16.7.b.2. Return all equipment to the service provider and return his or her license to the Division and shall not operate any motor vehicle until all requirements are met for license reinstatement.

16.8. Notice of Violation of Terms of Program Received After Completion. -- Upon receipt of sufficient evidence from any law enforcement officer, Division employee, service provider, or by a court document or judgment that the participant has committed a major violation as described in Paragraph 16.6.b.4 of this Rule, the Commissioner shall revoke the licensee’s privilege to operate a motor vehicle in accordance with §17B-3-6(a)(1); §17C-5A-3a(h) or §17B-4-3, for a period of not less than six months nor more than one year in accordance with W.Va. Code §17B-3-6(a)(1), §17B-3-8, and §17B-4-3.

16.9. Service Provider Standards.

16.9.a. The service provider shall have a minimum of one year experience providing similar service in another jurisdiction.

16.9.b. The service provider shall install only equipment which has been approved for use in the program by the Commissioner. No equipment shall be approved unless:

16.9.b.1. The equipment has been in actual field use for at least six months; and,

16.9.b.2. The equipment has met minimum specifications established by the Commissioner by submission of test data from an independent alcohol-testing laboratory.

16.9.c. The service provider shall establish service centers with the sole purpose of providing service for the Program and its participants.

16.9.c.1. The service provider may not conduct any other business at the service centers without the express written consent of the Commissioner.

16.9.c.2. The service provider may not assign its responsibilities under the Program to any other entities.

16.9.c.3. The service provider shall establish service centers in locations throughout the state as determined necessary by the Commissioner.

16.9.d. The Commissioner shall prescribe the hours of operation in consultation with the service provider based on the needs of the applicants in the service area, and the needs of the service provider.

16.10. Program Cost.

16.10.a. The program shall operate on a user fee basis with the cost of the program assumed by the applicant.

16.10.b. The fees for instruction or leasing, monitoring, servicing and de-installation of equipment shall be set by the Commissioner and cannot be changed without prior review and approval of the Commissioner and can only be changed a maximum of one time per year.

16.10.c. The established fees shall be based on average costs and shall not vary according to participant or make of vehicle. Fees shall be uniform at each service center. The fee for installation and removal of ignition interlock devices shall be waived for persons determined to be indigent by the Division of Motor Vehicles in accordance with W.Va. Code §17C-5A-3. All forms, applications, establishment of procedures and mechanisms to provide approved payments are established by the Division of Motor Vehicles.

16.10.d. The service provider shall submit on or before the fifth day of January, of each year to the Commissioner of the Division of Motor Vehicles a report of the total number of indigent offenders participating in the program during the prior year.

16.10.e. The manufacturer, service provider and or installer through the contract shall indemnify and hold harmless the State of West Virginia and or its employees and agents from any and all claims, demands, actions and costs whatsoever that may arise out of an act or omission by the manufacturer, service provider, installer, and employee or subcontractor of the service provider in the performance of the agreement.

16.10.f. The manufacturer, service provider and/or subcontractor shall maintain comprehensive general liability insurance in the amount of at least $1,000,000 per occurrence with a $3,000,000 aggregate total. The liability insurance shall cover defects or problems in or with product design, materials, and workmanship during the manufacture, calibration and installation of the equipment. The insurance shall be obtained through an insurer licensed to do business in the State of West Virginia and the policy shall be designed to provide the Commissioner with at least 45 days prior to written notice of any cancellation, material change or intent to allow coverage to lapse.

W. Va. Code R. § 91-5-17 Suspension Following Notice of Nonpayment of Financial Responsibility Judgments

17.1. Statutory Provisions. - W.Va. Code §17D-4-3 et seq. authorizes the commissioner to suspend the license and registration of any person who has failed within 30 days to satisfy a judgment, as defined in W.Va. Code §17D-4-3(a), rendered against them.

17.2. Determination of Judgment Applicability and Request for Suspension. - Pursuant to W.Va. Code §§17D-4-4 and 17D-4-5, in addition to the certified copy of the judgment sent by the court in which the judgment was rendered, the clerk must submit a form prescribed by the commissioner asserting the provided judgment is not more than ten years old, and therefore enforceable under W.Va. Code §38-3-1, et seq., meets the definition provided in W.Va. Code §17D-4-3(a), notating the total payment amount credited upon such judgment to date pursuant to W.Va. Code §17D-4-7, and providing sufficient information for the Commissioner to identify the judgment debtor. Subrogation claims are not considered judgments under W.Va. Code §17D-4-3(a).

17.3. Default on Court-Ordered Payment Plan. - If a debtor has been granted an installment payment plan by the court and the debtor fails to make payment, the Commissioner shall suspend the license, registration, or nonresident operating privilege upon notice of such default from the clerk on a form prescribed by the Commissioner.

17.4. Penalty and Reinstatement Fee. - The licensee or registrant shall pay the fees as set forth in W.Va. Code §§17A-2-3, 17A-9-7 and 17B-3-9. The provisions of W.Va. Code §17A-9-7 also provides for an additional service order fee if the State Police is ordered to secure the suspended licenses or registrations.

17.5. Reinstatement of Operating Privilege. - In addition to payment of fees in accordance with Section 17.4 of these rules, the commissioner must also be in receipt of one of the following before the judgment debtor’s license, registration, or nonresident operating privileges are restored:

17.5.a. Consent of the judgment creditor or their representative, dated and in writing, that the judgment debtor be allowed license and registration or nonresident operating privilege. Such consent shall be good for six months from the date listed on the consent and thereafter, unless consent is revoked pursuant to W.Va. Code §17D-4-5(b) and a new request for suspension is initiated in accordance with Section 17.2 of these rules.

17.5.b. Proof that the judgment has been sufficiently satisfied in accordance with W.Va. Code §17D-4-7.

17.5.c. Proof of a court-ordered payment plan or compliance thereto, pursuant to W.Va. Code §17D-4-8, sent by the court in which the judgment was rendered.

17.5.d. Proof of a discharge in bankruptcy in which the judgment creditor is identified.

17.5.e. The passage of 10 years since the date of the judgment or its most recent execution supplied to the Division, with a signed sworn statement from the debtor on a form designated by the commissioner for that purpose, that there has been no renewal of the judgment and the most recent execution of said judgment is over 10 years old.

Series 06 Dealer Licensing

W. Va. Code R. § 91-6-1 General

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.

W. Va. Code R. § 91-6-2 Definitions

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.

W. Va. Code R. § 91-6-3 Application for License to Sell, Lease, Rent, and Auction Motor Vehicles

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.

W. Va. Code R. § 91-6-4 License Services - General

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.

4.2. Established Place of Business.

4.2.1. The License Service shall contain the equipment required to conduct a business including a computer, printer, internet service, desk, chairs and filing facilities for the maintenance of records.

4.2.2. The office location may be self-standing or in a residence. The office shall have a valid telephone number and valid email address listed in the name of the License Service.

4.2.3. The License Service licensee shall keep all records on the premises.

4.2.4. The License Service may set any office hours it chooses. However, the hours shall be based on a regular schedule and be posted in a conspicuous place to facilitate inspection by the Division. An employee of the License Service shall be present during posted business hours.

4.2.5. State and other political subdivision requirements.

4.2.5.a. Each office location shall possess all current State and local licenses applicable to a business of the type being conducted.

4.2.5.b. Each office location shall meet all local zoning requirements for the business location.

4.2.5.c. The licensee shall display all tax licenses in the office.

4.2.5.d. The licensee shall pay any and all taxes due the State or any political subdivision of the State.

4.3. Bonding Requirements.

4.3.1. In accordance with the provisions of the W. Va. Code §17A-6B-2 a bond in the penal sum of twenty-five thousand ($25,000.00) dollars, payable to the State, is required. The licensee shall have the bond completed on the form prescribed by the Commissioner. The bond shall be conditioned on the premise that the applicant will not in the conduct of business, practice any fraud, or make any fraudulent representation which causes a financial loss to any purchaser, seller, financial institution, agency, or the State of West Virginia.

4.3.2. The licensee shall secure the surety bond with the corporate surety from a bonding company licensed to do business in the state of West Virginia.

4.3.3. The licensee shall obtain the surety bond in the trade name under which the License Service is being operated.

4.3.4. The surety bond shall run concurrently from the date the license is issued or renewed to the expiration of the license.

4.3.5. The surety bonding company shall give the Division thirty (30) days notice by certified mail, of the cancellation of the bond. The Division shall consider the surety bond as being in effect until notice of the cancellation is received by the Division.

4.3.6. The Commissioner shall immediately revoke the License Service license upon cancellation of the bond and without proper replacement of the bond.

4.3.7. The licensee shall notify the Division and the bonding company of any change in any information contained in the application for the security bond.

4.3.8. The Division may notify the bonding company of audit discrepancies or revocation or suspension proceedings against the licensee.

4.4. Issuance of Temporary Registration Plates.

4.4.1. The licensee shall make application for temporary registration plates in the manner prescribed by the Division.

4.4.2. The licensee shall account for all temporary registration plates previously issued by the License Service before the Commissioner will approve any application for additional temporary registration plates.

4.4.3. The Division shall not issue any additional temporary registration plates to the licensee if the licensee’s application shows one hundred (100) or more temporary registration plates on hand from the previous allotment assigned to the licensee.

4.4.4. The licensee shall keep a record of all temporary registration plates issued by the License Service for a period of three (3) years from the date of issuance.

4.4.5. The licensee shall not issue, assign, transfer or deliver a temporary registration plate to anyone other than the bonafide applicant for a West Virginia title and registration to the vehicle to which the temporary registration plate is assigned, and not until the applicant has submitted all documents with the fees and taxes necessary to obtain a West Virginia title and registration.

4.4.6. A licensee may process title and registration work on behalf of a West Virginia licensed dealership. A licensee may issue a temporary registration plate for vehicles entering West Virginia from another state or jurisdiction irrespective of the place of purchase.

4.4.7. 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 period of time on a temporary plate.

4.4.8. The licensee shall not issue a temporary registration plate containing any misstatement of fact.

4.4.9. The fee charged by the licensee for a temporary registration plate shall not exceed $5.00 as prescribed by W. Va. Code §17A-6B-10(h).

4.4.10. An itemized receipt shall be submitted to the division with the title or registration paperwork.

4.4.11. 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-6B-10(f).

4.4.12. The Commissioner may grant the authority to issue permanent registration plates to a license service company, if that license service meets certain qualifications prescribed by the Division. Any license service company authorized to issue permanent registration plates will be required to maintain a penalty bond in the amount of One Hundred Thousand ($100,000.00) dollars at all times.

4.5. License Service Record Keeping and Document Processing.

4.5.1. In addition to the records as required by W. Va. Code §17A-6B-10 and this rule, the licensee shall maintain a record or log of all work accepted by the License Service for a period of three (3) years from the date of the transaction. The record shall include the name and address of the customer, the vehicle identification information, the type of transaction, the date of transaction and/or any activity relating to the transaction. The licensee shall provide each customer with an itemized receipt, retain a duplicate copy for the licensee’s records, and submit such receipt to the division with the documents to be processed.

4.5.2. In accordance with the provisions of W. Va. Code §17A-6B-10, the licensee shall not issue a temporary registration plate for a vehicle unless the applicant has provided all necessary titling documents, fees, and taxes. The licensee shall forward all title documents, fees, and taxes to the division within forty-eight (48) hours of issuance of the temporary registration plate. The postmark on the envelope containing the submitted title documents serves as a measure of compliance.

4.5.3. If an investigation of the licensee’s financial records shows that any tax or fee is due the State, the Commissioner shall immediately suspend the License Service’s license.

4.5.4. In addition to any administrative license suspension or revocation, the Division may pursue criminal or civil action to collect any taxes or fees due the Division.

4.5.5. The licensee shall keep all records open for inspection by authorized representatives of the Division and all law enforcement officers during the regular posted business hours of the License Service.

4.5.6. When the licensee does not issue a temporary registration plate, the licensee shall submit to the Division all title work or other transactions received from a customer within five (5) days. The licensee shall attempt to notify the customer within five (5) days of all transactions returned for correction.

4.6. Noncompliance with Statute, Rule or Policy.

4.6.1. The licensee, as a condition of licensing, agrees to abide by all statutes, or rules, policies and procedures established by the Division to provide for the most efficient processing of work.

4.6.2. The Commissioner may suspend the processing of a License Service’s documents due to noncompliance with any statute, rule, policy, or procedure.

4.6.3. The Commissioner shall suspend or revoke a License Service’s license to offer document processing services to the general public for continued noncompliance with any statute, rule, policy, or procedure.

W. Va. Code R. § 91-6-5 Dealership Premises

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.

5.2. Additional Requirements for Established Place of Business for a Class DUC. In addition to the requirements stated in 5.1, a Class DUC must also have the following:

5.2.1. A permanent structure, owned or leased and actually occupied or to be occupied by licensee/applicant to be used for the purpose of selling used motor vehicles;

5.2.1.a. A “permanent structure” means a building permanently affixed to a foundation and has fixed utility connections.

5.2.1.b. The licensee must submit utility bills in the name of the business or licensee/applicant to prove they occupy the permanent structure.

5.2.2. A valid email address for the business;

5.2.3. Licensee may enter into a written agreement to utilize an off-site service facility as long as the requirements of paragraph 2 above are met; and

5.2.4. If licensee also possesses a Class DTR or F license, house trailers, trailers or motorcycles may be sold on the same premises but a Class DUC licensee may not sell vehicles of other classes on the same premises unless acquired by trade.

5.2.5. The license certificate, insurance certificate, and surety bond shall be displayed in the dealership office in a manner that is plainly visible to the public.

5.2.6. The licensee shall keep the display area free of junk, junk vehicles, scrap iron and trash of all types.

5.2.7. The licensee shall keep the display area free of any hazardous condition which would endanger the public.

5.2.8. If a licensee fails to be present for a scheduled inspection of the dealership premises thereby preventing the division from inspecting records, and is not reachable electronically, and fails to maintain the display lot and place of business in such a way that by all appearances the business is not active, it shall be considered abandoned and the license certificate may be revoked.

5.2.9. Trailer type structures shall have a foundation and be fully underpinned and be suitable for the purpose of operating the business of the dealership.

5.2.10. No licensee shall sell motor vehicles at multiple locations without a separate certificate for each location.

5.2.11. A licensee may obtain a permit in the manner described in section 6 below to display and sell motor vehicles off premises and may only display and sell motor vehicles off premises with such a permit.

5.3. Additional Requirements for Established Places of Business Class D. In addition to the requirements set forth in 5.1, a Class D must also have the following:

5.3.1. A permanent structure owned or leased and actually occupied or to be occupied by licensee/applicant to be used solely for the purpose of selling used motor vehicles as 1 above except the location is to be used for the display and selling of new motor vehicles or new and used motor vehicles;

5.3.2. A valid telephone number listed in the name of the business;

5.3.3. A valid email address for the business; and

5.3.4. Must be open to the public at least twenty (20) hours per week, with least ten (10) of those hours between 9:30 a.m. and 8:30 p.m., Monday through Saturday, and five (5) of those hours must be between (9:30 a.m. and 5:00 p.m. Monday through Friday. If a dealership needs to alter its hours either temporarily or permanently, the licensee must notify dealer services.

5.3.5. Licensee may enter into a written agreement to utilize an off-site service facility as long as the requirements of paragraph 2 above are met.

5.3.6. If licensee also possesses a Class DTR or F license, house trailers, trailers or motorcycles may be sold on the same premises but the Class D licensee may not sell vehicles of other classes on the same premises unless acquired by trade.

5.3.7. Farm machinery may also be sold on the premises.

5.3.8. Accessory, gasoline or oil, or storage departments may be maintained on the premises if they are operated for purposes of carrying on the business.

5.3.9. The license certificate, insurance certificate, and surety bond shall be prominently displayed in the dealership office.

5.3.10. The licensee shall keep the display area free of junk, junk vehicles, scrap iron and trash of all types.

5.3.11. The display area shall have a covering of concrete, blacktop, gravel or other type material making it suitable for vehicle display under all weather conditions.

5.3.12. The licensee shall keep the display area free of any hazardous condition which would endanger the public.

5.3.13. The division may cancel or revoke the license of any licensee that abandons the place of business. There is a rebuttable presumption that the licensee has abandoned the place of business if the dealership is regularly closed during the posted hours of operation thereby preventing the division from inspecting their records, the licensee is not reachable by telephone, the display lot and place of business are not maintained in such a way that by all appearances the business is not active.

5.3.14. Trailer type structures shall have a foundation and be fully underpinned and be suitable for the purpose of operating the business of the dealership.

5.3.15. No licensee shall sell motor vehicles at multiple locations without a separate certificate for each location.

5.3.16. A licensee may obtain a permit to display and sell motor vehicles off premises and may only display and sell motor vehicles off premises with such a permit.

W. Va. Code R. § 91-6-6 Off-Premises Permits

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.

6.3. Display of Approval Certificate. The licensee shall display the certificate of approval for the off premises permit in a conspicuous place at the temporary additional dealer location.

6.4. Reciprocal Out of State Dealer Off Premises Permit. In accordance with the provisions of W. Va. Code §17A-6-5a, dealers licensed in adjacent states which allow West Virginia dealers to display and sell vehicles at industry wide public vehicle shows and exhibitions may be permitted the same privileges in West Virginia subject to the following:

6.4.1. The dealer applies for a permit at least ten days prior to the date of the show or exhibition;

6.4.2. The permit is valid for the length of the show or exhibition not to exceed ten days;

6.4.3. The Division’s decision whether or not to approve a request may or not be appealed administratively to the Division, and is subject only to the jurisdiction of a West Virginia Circuit Court;

6.4.4. The dealer agrees to be subject to the consumer protection laws of West Virginia and subject to any civil penalties assessed by the Division in accordance with W. Va. Code § 17A-6-25a;

6.4.5. The dealer pays the initial licensing fee required of West Virginia dealers of similar class by certified check or money order;

6.4.6. The dealer posts a bond of twenty-five thousand dollars which otherwise comports with the requirements of W. Va. Code §17A-6-4 made payable to the Division of Motor Vehicles in lieu of participation in the dealer recovery fund.

6.4.7. The industry wide public vehicle show or exhibition has a minimum of three West Virginia dealers as participants.

W. Va. Code R. § 91-6-7 Dealer Special Plates

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.

W. Va. Code R. § 91-6-8 Vehicle Leasing Companies Lessor License

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.

8.3. The Commissioner shall either approve the application for a lessor license and issue the necessary permits or shall deny the application. The denial of any application shall be accompanied by a statement in writing of the reasons the application was denied. The applicant may request an administrative hearing in accordance with the provisions of Section 8 of this rule on any refusal to approve an application for a lessor license.

8.4. All lessor licenses expire September 30 of each year, unless previously suspended or revoked.

8.5. A lessor license certificate may be renewed each year, on a form prescribed by the Commissioner, for a fee of one hundred ($100) dollars. All applications for the renewal of any license certificate shall be filed with the Commissioner at least thirty (30) days before the expiration of the license A licensee who fails to file an application for renewal at least thirty days before the expiration of the dealer license is required to pay the original license fee prescribed in subdivision 6.2.a of this rule.

8.6. One licensee certificate shall be issued to each licensee. The licensee may request additional certificates for additional business locations in accordance with the provisions of W. Va. Code §17A-6-8(b).

8.7. The lessor is subject to any audit which the Commissioner determines is necessary to ensure that all revenue due the State is being calculated and remitted to the State in the proper amount and manner.

8.8. The lessor shall complete an application for title on each leased vehicle transaction as well as any additional forms or information, which the Commissioner may require to ascertain that the proper fees are remitted, and proper procedures are followed.

8.9. The Commissioner may suspend the processing of a lessor licensee’s titling documents upon noncompliance with any statute rule, policy or procedure.

8.10. Any lessor license certificate issued under this section may be suspended or revoked upon failure of the licensee to comply with any provision of law or this rule. Any motor vehicle title and or registration plate issued under the provisions of W. Va. Code §17A-3-4(b)(6) may be canceled or revoked upon the failure of the lessor licensee to timely remit the paper fees and taxes in the required amount. The cancellation or revocation of these types of title or registration documents shall be pursuant to W. Va. Code §17A-9-7.

8.11. Any publication for a lessor license issued under the provisions of this section and any information submitted with the application is confidential for the use of the Division. No person shall divulge any information contained in the application or any information submitted with the application except in response to a valid subpoena or subpoena duces tecum issued pursuant to law.

W. Va. Code R. § 91-6-9 Temporary Registration Plates

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.

W. Va. Code R. § 91-6-10 Dealer Franchise Agreement

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.

W. Va. Code R. § 91-6-11 Unlicensed Dealers

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.

11.5. Any request for a hearing must be received by the Commissioner within thirty 30) days after the mailing date of the Notice of Violation.

11.6. The Notice of Violation may be sent to any address which the person has used on any title or license application, or other record which the Commissioner believes is current.

11.7. Failure of any person to receive a Notice of Violation shall not preclude the civil penalty from taking effect. However, the Commissioner shall accept as timely a request for hearing from any person who, within one (1) year of the date the Notice of Violation was sent, provides satisfactory proof that he or she did not receive the Notice of Violation and that good cause exists to excuse his or her failure to receive the Notice of Violation and that he or she wishes in good faith to assert a protest to the Notice of Violation. The pendency of the one-year period shall not keep any penalty from taking effect pursuant to subsection 9 of this section. The Commissioner shall stay enforcement of the civil penalty upon his or her acceptance of any notice filed after the thirty (30) day period pending the outcome of the appeal.

11.8. Upon receipt of a timely request the Commissioner shall afford the person a hearing in accordance with section 8 of this rule. For purposes of section 8 of this rule, the Notice of Violation shall be considered an order of the Commissioner. The Commissioner, in addition to considering the evidence relied upon to prove or defend against a finding of a violation, shall also evaluate the appropriateness of the amount of the civil penalty. In making the evaluation, the Commissioner shall consider:

11.8.1. The severity of the violation and or its impact on the public;

11.8.2. The number of similar or related violations;

11.8.3. Whether or not the violations were willful or intentional; and

11.8.4. Any other facts considered appropriate.

11.9. In addition to any other findings of fact or conclusions of law, the Commissioner may reduce the civil penalty to a stated amount. The appellant may, at any time during the pendency of the appeal, enter into a settlement agreement with the Commissioner. The settlement agreement may provide for a reduction in the penalty and it may provide for assurances that future violations will not occur without an admission of guilt by the appellant. The payment of any civil penalty pursuant to a settlement agreement which clearly states that no finding of violation is made shall not amount to an admission of guilt for purposes of any criminal prosecution. But the settlement agreement shall operate as a violation for any additional penalty for a second or subsequent violations of the provisions of W. Va. Code §17A- 6-3.

11.10. Upon the expiration of all periods for protest or appeal, of any Notice of Violation, or other order of the Commissioner issued pursuant to §17A-6-3(a), the Notice of Violation or order shall have the same force and effect as a judgment entered by any court of law of this State.

11.11. Any officer of a corporation that is found to have committed a violation of W. Va. Code §17A-6-3 and is shown to have been substantially involved with the violation may be individually found to be a co-violator and assessed a civil penalty as provided by this rule.

W. Va. Code R. § 91-6-12 Administrative Appeals Of Commissioner's Orders Or Decisions

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.

W. Va. Code R. § 91-6-13 Daily Passenger Rental Car Tax

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.

W. Va. Code R. § 91-6-14 Dealer Recovery Fund

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.

W. Va. Code R. § 91-6-15 Transportation Network Company Permits

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.

15.2. On or after July 1, 2016, any company, partnership, sole proprietorship, or any other entity that wishes to operate as a TNC in West Virginia must first obtain a permit from the division by completing an application on a form prescribed by the commissioner and submitting it to the Division along with a fee of $1000.00.

15.3. Each TNC must submit a renewal application together with the $1,000.00 application fee, each fiscal year. The renewal application must be filed at least 30 days prior to the expiration of the fiscal year.

15.4. The TNC shall submit to the Division together with the permit application its policies and procedures for compliance with the statutory prohibitions against driver drug and/or alcohol use; solicitation and street hails; cash tips; and discrimination and accessibility. It shall also provide its policies and procedures for vetting the drivers it allows to use its network in accordance with W. Va. Code § 17-29-12 through W. Va. Code § 17-29-17, and proof of insurance required by W. Va. Code § 17-29-8 and vehicle safety.

W. Va. Code R. § 91-6-16 Dealer Conduct on Division Premises and Engaging with Division Employees

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.

Series 08 Disclosure of Information from the Files of the Division of Motor Vehicles

W. Va. Code R. § 91-8-1 General

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 9, 2025

1.4. Effective Date. – April 9, 2025

1.5. Sunset Date. -- This rule will have no further force or effect August 1, 2030.

W. Va. Code R. § 91-8-2 Application and Enforcement

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.

W. Va. Code R. § 91-8-3 Statutory Background

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 29A of the West Virginia Code to carry out the purposes of the Act.

W. Va. Code R. § 91-8-4 Definitions

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, passport, or government issued photo 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.

W. Va. Code R. § 91-8-5 Disclosure of Records that do not contain personal information

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.

5.2. Written Requests. The Division may disclose records that do not contain personal information upon written request pursuant to W.Va. Code §29B-1-1 et seq.

W. Va. Code R. § 91-8-6 Disclosure of Records that contain personal information

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.

6.2.a.1. Requestors may obtain their own driver records at any branch office of the Division. All other requests must be processed through the Charleston office at the following address:

Attention: Driver Records WVDMV P.O. Box 17020 Charleston, WV 25317

6.2.a.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.

6.2.a.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 office at the following address:

Attention: Vehicle Records WVDMV P.O. Box 17150 Charleston, WV 25317

6.2.b. Bulk Sales. The Division shall disclose personal information in bulk to required or permitted users only after review by the Division and only after the requestor has:

6.2.b.1. Completed and submitted a letter of intent. The letter of intent shall specify that personal information will be used only in accordance with the Act; and it shall specify the section of the Act that qualifies the requestor as either a required user, a consensual user, or a permitted user;

6.2.b.2. Completed and submitted a contract prescribed by the Division; and

6.2.b.3. Submitted the appropriate fees.

6.2.c. Non-Permitted Users. The Division may release records that contain personal information to non-permitted users under the Act if all personal information has been obscured or redacted. Any requestor who wants copies of another person’s personal information, including copies of records about their immediate family members, may be able to obtain this information only if:

6.2.c.1. The Division has a completed Opt-in form from the person who is the subject of the request; or

6.2.c.2. The requestor is a consensual user as defined by W.Va. Code §17A-2A-6.

6.2.d. Opt-In. The Division shall disclose all personal information about a person to any requestor if the person about whom the information is requested has signed and submitted a written consent form, or opt-in form, allowing the Division to disclose personal information for any purpose.

6.3. Nondisclosure of Records.

6.3.a. The Division shall not disclose personal information contained in records if the Division has reasonable grounds to believe that the information will not be used for a legitimate purpose.

6.3.b. The Division shall not disclose personal information to satisfy curiosity, for marketing purposes, for solicitations or for any purpose not permitted under the Act.

6.3.c. The Division shall not disclose personal information to the media since the media are not required users, permitted users, or consensual users under the Act.

6.3.d. The Division shall not disclose finger images collected by the Division except for issuing and processing driver’s licenses and any legal process associated with issuing and processing driver’s licenses.

6.3.e. The Division shall not disclose personal information by facsimile machine unless the request is made pursuant to the Act and all appropriate fees have been received.

6.3.f. The Division shall not disclose information contained in motor vehicle dealership files maintained by the Division pursuant to W.Va. Code §17A-6-4, except by valid subpoena or court order.

6.3.g. The Division shall not disclose medical or disability records to any person except a consensual user; a required user with statutory requirements and authority for the use of medical or disability records; the Division’s driver’s license advisory board; a reviewing court, pursuant to a valid subpoena pursuant to a valid Supreme Court or Circuit Court order.

6.3.h. Message Forwarding. -- The Division shall not disclose personal information if the requester is not a permitted user, a required user, or a consensual user. However, the Division may send a message to the person about whom the personal information pertains. The requestor shall fill out a form prescribed by the Division, write a message on the form and pay the appropriate, nonrefundable fee. The Division shall forward the message to the last known address in its records. The Division shall not guarantee a response. The Division may refuse to send the message if it contains offensive language, threats, language that may incite violence, or any language that may induce or assist in criminal activities.

6.3.i. The Division shall not disclose social security numbers or credit card numbers except pursuant to federal law, West Virginia law, a valid court order, a valid subpoena, or a valid government agency request on agency letterhead that includes statutory authority for the release of the social security number or credit card number.

W. Va. Code R. § 91-8-7 Fees

All fees listed in this subsection shall accompany requests for information. Fees are nonrefundable even if the requested information is not available from the Division’s records. Fees referenced in this rule are established in accordance with W.Va. Code §17A-2A-9 or related statute.

7.1. A fee of $7.50 per request for a certified abstract of operating record five. A $1 additional fee will be charged if the driver’s license number is not provided by the requestor.

7.2. A fee of $7.50 per request for each certified complete abstract of operating record.

7.3. A fee of $1.00 per request for vehicle registration information (screen print from computer records).

7.4. A fee of $5.00 for a title file which includes any documents submitted at the time the vehicle was titled and any documents submitted subsequent to titling.

7.5. A fee of $25.00 for a complete title history.

7.6. A fee of $5.00 per request for proof of fees paid to the Division when a vehicle was purchased.

7.7. A fee of $5.00 per request for encumbrance information that includes both registration and lien information (screen print from computer records).

7.8. A fee of $25.00 per copy for each administrative hearing cassette tape.

7.9. A fee of $1.50 per page for each transcribed page from an administrative hearing.

7.10. A fee of $0.25 per page for each copy of a driver license suspension, revocation, or disqualification file. This excludes investigation information.

7.11. A nonrefundable fee of $5.00 for any message forwarding request using vehicle information form (FORM DMV-102). A nonrefundable fee of $7.50 for any message forwarding request using drivers license or identification card information (Form DMV-102-DL).

7.12. A fee of $30.00 for each copy of an administrative hearing CD.

7.13. A fee of $15.00 per copy of a video tape in the administrative hearing file.

7.14. The cost of each bulk information request fee may vary and will be determined by the cost of producing the information.

7.15. A fee of $10.00 for each certified record of a vehicle title.

7.16. A fee of $20.00 per copy of lien perfection information.

Series 09 Collection of Tax on the Sale of a Vehicle

W. Va. Code R. § 91-9-1 General

1.1. Scope. -- This legislative rule establishes the criteria for the collection and determination of the sales tax required to be collected prior to the issuance of a certificate of title to a vehicle, and provisions implementing the requirements of House Bill 2775 (2007 Regular Session).

1.2. Authority. -- W. Va. Code §§17A-2-9, 17A-3-4 and 11-15-3c.

1.3. Filing Date. – March 29, 2022.

1.4. Effective Date. – March 29, 2022. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2027.

W. Va. Code R. § 91-9-2 Application and Enforcement

2.1. Application. -- This rule applies to the calculation of tax for the titling of vehicles defined in W. Va. Code §17A et seq.

2.2. Enforcement. -- Enforcement of this rule is vested with the Commissioner of Motor Vehicles or his or her lawful designees, and where applicable the Tax Commissioner or his or her lawful designees.

W. Va. Code R. § 91-9-3 Determination of Tax Due Prior to Issuance of Title to a Vehicle

3.1. An application for a certificate of title for a vehicle shall be accompanied by the amount of tax determined by the Division in accordance with the provisions of W. Va. Code §§11-15-3c, 17A-3-4 and this rule unless otherwise exempt by the provisions of W. Va. Code §§11-15-3c, 17A-3-4 or this rule.

3.2. The Division shall collect the sales tax prior to issuing a title irrespective of whether the applicant has paid a similar sales or privilege tax on the motor vehicle in any other jurisdiction except as follows:

3.2.a. A new resident establishing domicile in West Virginia is exempt from paying the tax on vehicles titled previously in the former state in his or her name in accordance with W. Va. Code §§17A-3-4(b)(14) and 11-15-3c(f)(8).

3.2.a.1. For the purposes of this rule, the term new resident may mean a person or business entity and may include applicants who may have previously resided or operated as a business entity in West Virginia; and

3.2.a.2. For the purposes of compliance with this rule by a new resident applicant, the responsibility of the County Assessor is limited to determining that the County Assessor has recorded the applicant’s vehicle information in accordance with W. Va. Code §§17A-3-4(b)(14) and 11-15-3c(f)(8).

3.3. The sales tax on a new vehicle shall be determined at the rate of six percent (6%) of the actual purchase price or consideration as certified by the dealer and as provided by the selling dealer to the purchaser. The dealer shall collect the sales tax at the time of sale.

3.4. The sales tax on a used vehicle purchased from a dealer shall be determined at the rate of six percent (6%) of the actual purchase price or consideration as certified by the dealer and as provided by the selling dealer to the purchaser. The dealer shall collect the tax at the time of sale.

3.5. The sales tax on applications for title on a vehicle purchased from a dealer either in-state or out-of-state is based on the purchase price minus any applicable trade-in subject to the following:

3.5.a. The trade in vehicle must be titled in West Virginia; and

3.5.b. Rebates received after the sale is consummated do not reduce the taxable purchase price.

3.6. The sales tax on applications for title on a vehicle purchased from a person or business not licensed as a dealer by this state or another jurisdiction is assessed as follows:

3.6.a. Vehicles two model years old or less are assessed on the present fair market value as shown in the most recent edition of a nationally distributed and recognized vehicle value guide as determined by the Division regardless of a bill of sale;

3.6.b. Vehicles over two model years old are assessed on the sale price as certified by the seller and buyer on the back of the title or on a notarized bill of sale, if the purchase price is fifty percent (50%) or more of the fair market value as shown in the most recent edition of a nationally distributed and recognized vehicle value guide as determined by the Division; and

3.6.c. Vehicles over two model years old with a sale price of less than fifty percent (50%) than the fair market value as shown in the most recent edition of a nationally distributed and recognized vehicle value guide as determined by the Division are assessed on the fair market value unless accompanied by a notarized bill of sale which may be subject to verification by the Division.

3.7. The minimum taxable value of a vehicle is five hundred dollars ($500) regardless of the indicated actual sale price on either the application for title, the back of the title or a notarized bill of sale, except as follows:

3.7.a. The minimum taxable value of vehicles that are branded reconstructed or salvage, classified as small utility trailers (Class T), motorboats less than 16 foot, welfare to work or similar type program vehicles, assembled vehicles and trailers, travel campers (Class R), and older vehicles no longer included in editions of nationally distributed and recognized vehicle value guides as determined by the division, is one hundred dollars ($100);

3.7.b. Transactions between individuals (casual sales) characterized as “even trades” are not taxed provided that the vehicle has been previously titled in West Virginia as a taxable transaction regardless of the fair market value of either vehicle. Transactions between individuals (casual sales) involving a trade with a net difference after trade-in are assessed on the difference. The only deduction applicable to reduce the taxable value is high mileage based on a nationally distributed and recognized vehicle value guide deduction for high mileage. The Division will accept a fair market value determination based on another nationally distributed and recognized vehicle value guide if the applicant provides a copy of the other value guide; and

3.7.c. The Division will base the sales tax assessment on vehicles branded as salvage or similar brand or previously branded by West Virginia based on fifty percent (50%) of the fair market value as determined by the most recent nationally distributed and recognized vehicle value guide used by the Division.

3.8. The sales tax does not apply to transfer of ownership without consideration such as gifts, donations, or an inheritance. The application for title for any transfer of ownership without consideration shall include a notarized affidavit on a form prescribed by the Commissioner. Both the transferor and transferee shall sign the affidavit under penalty of false swearing.

3.9. The sales tax does not apply to vehicles to be registered as Class H vehicles or Class M vehicles used in interstate commerce. The tax does not apply to Class B vehicles registered at a gross weight of fifty-five thousand pounds or more, or to Class C semitrailers, full trailers, pole trailers and converter gear. However, if an owner of a vehicle has previously titled the vehicle at a declared gross weight of fifty-five thousand pounds or more and the title was issued without the payment of the tax imposed by this section, then before the owner may obtain registration for the vehicle at a gross weight less than fifty-five thousand pounds, the owner shall surrender the exempted registration, the exempted certificate of title and pay the tax imposed by this section based upon the current market value of the vehicle.

3.10. Any application for transfer of ownership which provides incorrect, false or fraudulent information about the consideration exchanged, subjects the applicant to the revocation, suspension and/or cancellation of any and all driver's licenses, registration plates, cards, and permits issued to the applicant in accordance with W. Va. Code §17A-2-16. Any revocation, suspension and/or cancellation remains in effect until the appropriate sales tax is remitted and all reinstatement fees are paid.

91CSR9

91CSR9

Series 10 Handicapped Placards

W. Va. Code R. § 91-10-1 General

1.1. Scope. -- The rule establishes procedures for issuance of handicapped parking permits for persons with disabilities in accordance with Federal Rule 23 CFR Part 1235 and W.Va. Code §17C-13-6.

1.2. Authority. -- W.Va. Code §§17A-2-9 and 17C-13-6(r).

1.3. Filing Date. – April 9, 2025

1.4. Effective Date. – April 9, 2025 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 91-10-2 Definitions

2.1. Handicapped parking permit means either the special license plate or removable windshield placard issued under the provisions of W.Va. Code §17C-13-6 meeting the specifications prescribed in Federal Rule 23 CFR Part 1235.

2.2. Licensed Physician - means any allopathic or osteopathic physician licensed in this state or any other state.

W. Va. Code R. § 91-10-3 Handicapped Parking Permits - Eligibility

3.1. Eligibility - In accordance with W.Va. Code §17C-13-6, a physically disabled person with limited mobility is any person who is a resident of West Virginia and who suffers from a permanent or temporary physical condition making it unduly difficult and burdensome to walk. In accordance with Federal Rule 23 CFR Part 1235.2 (b) and W.Va. Code §17C-13-6(b) limited mobility shall be further defined as persons who as certified by a licensed physician:

3.1.1. Can not walk 200 feet without stopping to rest; or

3.1.2. Can not walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or

3.1.3. Are restricted by lung disease to such an extent that the persons forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/Hg on room air at rest; or

3.1.4. Use portable oxygen; or

3.1.5. Have a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

3.1.6. Are severely limited in their ability to walk due to an arthritic, neurological, or other orthopedic condition.

The licensed physician shall certify on the application specifically as to which of the six conditions pertain to the applicant.

W. Va. Code R. § 91-10-4 Application Procedure

4.1. Application For a Special License Plate.

4.1.1. Upon proper application, on the form prescribed by the Commissioner, (DMV-41-TR or DMV-41a-TR) and completion of all requested information, including the physician certification, a person who is a resident of West Virginia with a disability as defined in Section 3 of this Rule, shall be issued no more than two special license plates for not more than two Class A vehicles registered in West Virginia in the applicant's name, unless the applicant already has been issued mobility impaired placards.

4.1.2. The fee for the issuance of a special license plate shall not exceed the fee charged for a regular issue license plate for the same class or weight of vehicle. However, any application for a duplicate special license plate shall be accompanied by the fee prescribed in W.Va. Code §17A-10-11 and certification that the original plate was lost, stolen, or otherwise unusable.

4.1.3. Upon request, one permanent removable windshield placard may be issued to the applicant who already has one special plate. However, an applicant who has obtained two special license plates is not eligible for any removable windshield placards.

4.2. Application For a Permanent Removable Windshield Placard.

4.2.1. Upon proper application, on the form prescribed by the Commissioner (DMV-41-TR or DMV-41a-TR) and completion of all requested information, including the physician certification, a person who is a resident of West Virginia with a disability as defined in Section 3 of this Rule shall be issued one permanent removable windshield placard. In accordance with the provisions of W.Va. Code §17C-13-6, there is no fee for the permanent removable windshield placard.

4.2.2. Upon request, the Commissioner may issue one additional permanent removable windshield placard to an applicant who does not have a special license plate for a maximum of two permanent removable windshield placards.

4.3. Application For A Temporary Removable Windshield Placard.

4.3.1. Upon proper application, on the form prescribed by the Commissioner (DMV-41-TR or DMV-41a-TR), and completion of all requested information, including the physician certification, a person who is a resident of West Virginia with a disability as defined in Section 3 of this Rule shall be issued one temporary removable windshield placard for a period of time not to exceed six months.

4.3.2. Upon request, the Commissioner may issue an applicant one additional temporary removable windshield placard.

4.4. Upon application of a West Virginia organization, on the form prescribed by the Commissioner (DMV-41a-TR), which transports persons with disabilities, the Commissioner shall issue special license plates or removable placards in such a manner as in his or her judgment to facilitate the mobility of such organization's customers, patients, students, or persons otherwise placed under the responsibility or care of the organization.

4.5. The removable windshield placard may be used in any class A vehicle in which a person with a disability is the operator or passenger, regardless of vehicle ownership.

4.6. Upon proper application, on the form prescribed by the Commissioner and completion of all requested information, including the physician certification, a person who is a resident of West Virginia with a disability as defined in Section 3 of this Rule, shall be issued special license plates for one or more Class G motorcycle vehicles registered in West Virginia in the applicant's name.

4.7. Any applicant with a permanent disability who has obtained a special disabled class A license plate, special disabled class G license plate, or removable windshield placard with current and unexpired physician certification is required to complete the designated application (DMV-41-TR or DMV-41a-TR) but is not required to obtain a physician certification for an additional plate or placard. 4.8 The physician’s certification (signature) will be valid for a period of 10 years following initial application or renewal pursuant to West Virginia State Code §17C-13-6(c)(ii).

W. Va. Code R. § 91-10-5 Renewal

5.1. The special license plate shall be renewable each year in accordance with the provisions of W.Va. Code §17A-1-1. The Commissioner shall require each registrant to submit recertification from a licensed physician every 10 years or portion of the five-year renewal cycle established by the Commissioner for continued eligibility for the special license plate.

5.2. The permanent (BLUE) removable windshield placard shall be valid for the duration of the applicant’s life.

5.3. The temporary (RED) removable windshield placard shall not be renewable. However, the applicant may submit an original application for another temporary removable windshield placard upon certification by a licensed physician.

5.4. The Commissioner may issue a duplicate removable windshield placard upon certification by the applicant that the original removable windshield placard was lost, stolen, or otherwise made unusable. The fee for a duplicate removable windshield placard is $5.00 as prescribed in W.Va. Code §17A-10-11.

W. Va. Code R. § 91-10-6 Display of Placard

6.1. The placard shall be displayed by hanging it from the front windshield rear view mirror of the vehicle in such a manner that it may be conspicuously visible from the outside of the vehicle only when the vehicle is utilizing reserved handicapped parking space. When there is no rear view mirror, the placard shall be displayed on the dashboard to be conspicuously visible from the outside of the vehicle. The placard shall be removed from the rear-view mirror whenever the vehicle is in motion. A placard shall not be used on a class G motorcycle vehicle.

W. Va. Code R. § 91-10-7 Identification Cards

7.1. The Commissioner shall issue all holders of handicapped parking permits one identification card to be carried by the person with a disability whenever handicapped parking privileges are exercised. Such cards shall be exhibited to any law enforcement officer on demand.

7.2. The Commissioner may issue a duplicate identification card upon certification by the applicant that the original identification card was lost, stolen, or otherwise made unusable.

W. Va. Code R. § 91-10-8 Reciprocity

8.1. All removable windshield placards, decals or special license plates issued by any other state or country shall be recognized for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with disabilities regardless of where the placard, decal or plate is mounted or displayed on the vehicle.

Series 13 Compulsory Motor Vehicle Liability Insurance

W. Va. Code R. § 91-13-1 General

1.1. Scope. – This rule establishes guidelines and forms for insurers and insureds with respect to motor vehicle liability insurance required under the provisions of W. Va. Code §§17A-3-3 and Chapter 17D of the W. Va. Code.

1.2. Authority. – W. Va. Code §§17A-2-9 and 17D-2A-8.

1.3. Filing Date. – April 2, 2026.

1.4. Effective Date. – April 2, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2031.

1.6. Application and Enforcement. – This legislative rule applies to all owners and operators of motor vehicles subject to registration and subject to the mandatory security upon motor vehicles provisions of Chapter 17D of the W. Va. Code. This legislative rule also applies to insurance companies and their agents authorized to issue motor vehicle liability insurance in this state. Enforcement of this rule is vested with the Commissioner of Motor Vehicles and the Insurance Commissioner or their lawful designees. 1.7 Amendment of Former Rule. – This legislative rule repeals and replaces Compulsory Motor Vehicle Liability Insurance 91CSR13 filed May 6, 2021, and effective May 7, 2021.

W. Va. Code R. § 91-13-2 Definitions

2.1. Abstract of Conviction – Means the report of conviction or findings required to be submitted to the Division pursuant to the provisions of W. Va. Code §§17B-3-4 and 17D-2A-6.

2.2. Certificate of Insurance – Means a form issued in duplicate by an insurer to an insured which meets the requirements of W. Va. Code §17D-2A-4 and as specified in Appendix A, which has been approved by the Commissioner.

2.3. Commercial Auto Coverage – Means motor vehicle liability coverage extended to a vehicle owner under a commercial coverage form and rated from a commercial manual approved by the Insurance Commissioner.

2.4. Commissioner – Means the chief executive officer of the Division of Motor Vehicles appointed in accordance with the provisions of W. Va. Code §17A-2-2.

2.5. Crash Report – Means the crash report completed by the investigating officer in accordance with W. Va. Code §17C-4-7.

2.6. Division – Means the Division of Motor Vehicles.

2.7. Hearing – Means the administrative procedures conducted by the Division, as provided in section nine of this rule, arising from the enforcement of administrative actions against a driver’s license or motor vehicles registration taken in accordance with W. Va. Code §§17A-3-3 and Chapter 17D of the W. Va. Code.

2.8. Liability Insurance – Means an insurance policy or contract as provided in W. Va. Code §17D-2A-3 and Chapter 33 of the W. Va. Code providing motor vehicle liability coverage written for this state and identifying the vehicle as specified in section eight of this rule.

2.9. NAIC Number – Means the number issued by the National Association of Insurance Commissioners to identify insurance companies.

2.10. On-line Insurance Verification Program or Electronic Insurance Verification Program – Means the electronic insurance verification of continuous liability insurance coverage while a vehicle has an unexpired registration. This program may be used by law enforcement at the time of a traffic stop or crash investigation, by the Division for registration events and continued coverage and by the judicial system.

2.11. Owner – Means the person or persons who hold the legal title of a motor vehicle as reflected in the records of the Division.

2.12. Owner’s Notice of Vehicle Registration Plate Surrender – Means the form, designated as WV-4S, used by the vehicle owner or owners to provide notice to the Division that a registration plate has been lost, stolen, or destroyed and therefore could not be surrendered as required by W. Va. Code §17D-2A-1 et. seq.

2.13. Owner’s Statement of Insurance – Means the form prescribed by the Commissioner pursuant to W. Va. Code §17A-3-3 which includes the insurance company name, insurance agent, the NAIC number, policy number and the policy effective date.

2.14. Owner’s Statement of Seasonal Insurance – Means the form, designated as WV-4B, used to provide notice to the Division that the vehicle is used seasonally as required by W. Va. §17D-2A-1 et seq. In addition, the owner or owners shall certify that the liability insurance is in effect during the portion of the year in which the vehicle is in actual use on the road. An owner is not required to surrender the registration plate under seasonal or periodic use circumstances.

2.15. Proof of Insurance – Means a certificate of insurance, an insurance policy, a certificate of self-insurance or an image displayed on a wireless communication device. Proof of insurance may be subject to verification by the electronic insurance verification program, the company that wrote the motor vehicle liability policy, or that company’s authorized agent. The Commissioner may also accept other evidence of insurance as proof of insurance as provided in W. Va. Code §17D-2A-3(a).

2.16. Resolve Unexpired Registration – Means to bring a motor vehicle with an active title and unexpired registration into compliance with Chapter 17D of the W. Va. Code. If an owner cannot or will not provide current liability insurance on the motor vehicle, they may resolve the unexpired registration by surrendering the registration plate, by providing proof to the Division that they are no longer the owner, or by providing proof to the Division that the motor vehicle has been titled more recently in another state.

2.17. Seasonal or Periodic Use Vehicle – Means a recreational vehicle, antique motor vehicle, motorcycle or other motor vehicle which is stored part of the year and in actual use the remaining portion of the year, as provided in W. Va. Code §17D-2A-7.

2.18. Self-Insurer – Means a motor vehicle owner meeting the requirements of W. Va. Code §17D-6-2.

2.19. Verification of Insurance – Means the process by which the Division or an agent of the Division verifies insurance information online electronically or by any other means available as authorized by statute, with an insurance company to determine whether or not the vehicle is or was covered at a certain time by a motor vehicle liability insurance policy that meets the requirements of Chapter 17D of W. Va. Code.

W. Va. Code R. § 91-13-3 Verification of Insurance

3.1. Electronic Insurance Verification Program – In accordance with the provisions of W. Va. Code §17D-2A-6a, the Division maintains an electronic insurance verification program for motor vehicles. Pursuant to W. Va. Code §17D-2A-2, commercial motor vehicles covered under a commercial policy are excluded from the electronic insurance verification program.

3.2. Insurance Verification – The Division may verify insurance coverage by any means available including electronic access. The electronic verification may be conducted by using various criteria or established key elements that meet the standards and specifications of the Insurance Industry Committee on Motor Vehicle Administration (IICMVA) model. The Division may randomly select vehicles with an active title and active registration to verify current liability insurance status. This sample may be conducted on a frequency determined by the Commissioner.

3.3. Notice of Insurance Request – When the electronic insurance database cannot verify current liability insurance coverage, the Division shall issue a thirty-day notice by regular mail to the vehicle owner or owners. This notice will request current liability insurance on the vehicle listed in the notice.

3.4. Certified Notice of Insurance Request – When the owner or owners fail to respond to the Notice of Insurance Request, fail to provide current liability insurance or fail to resolve the unexpired registration of the vehicle listed, the Division shall issue a thirty-day notice by certified mail. This notice will request current insurance on the vehicle listed in the notice.

3.5. Failure to Respond or Resolve Notices – Failure to resolve the certified notice requirement will result in the suspension of the owner’s driver’s license on the suspension effective date listed on the certified notice. If the Commissioner cannot determine there is current liability insurance in effect, the Division shall suspend the driver’s license of the owner of the motor vehicle for a period of thirty days.

3.6. If the Division determines that the owner of the vehicle has been previously suspended for failing to maintain insurance on a motor vehicle or knowingly operating a vehicle without insurance, and this is a second or subsequent offense within five years, the period of the driver’s license suspension is ninety days.

3.7. The Division shall also suspend the registration of the motor vehicle as provided in W. Va. Code §17D-2A-1 et seq.

3.8. Reinstatements of driver’s licenses or driving privileges and vehicle registration are contingent upon payment of all fees assessed by the Division of Motor Vehicles. In addition, the owner must provide proof of current liability insurance on the motor vehicle or resolve the unexpired registration, unless the title is no longer in an active status or otherwise no longer assigned a registration.

W. Va. Code R. § 91-13-4 Registration Plate Surrender

4.1. When the owner of a motor vehicle with an unexpired registration cancels insurance for any reason other than for reasons of seasonal or periodic use, the owner must immediately surrender to the Division the registration plate assigned to the vehicle.

4.2. Plate Lost, Stolen, or Destroyed – In the event that a registration plate must be surrendered and it has been lost, stolen, or destroyed, the owner or owners must complete a Vehicle Registration Plate Surrender Form WV-4S and certify the disposition of the registration plate. The Division shall only consider the fact that the registration plate was lost, stolen, or destroyed as valid reasons for failure to surrender the actual registration plate.

4.3. Seasonal or Periodic Use – Pursuant to W. Va. Code §17D-2A-1 et seq., the owner of a seasonal or periodic use vehicle is required to maintain liability insurance on the vehicle only for the portion of the year the vehicle is in actual use. The owner or owners may retain the unexpired registration plate while the vehicle is in storage.

4.3.1. The owner or owners must submit a completed Owner’s Statement of Seasonal Insurance Form WV-4B notifying the Division of the dates during which the vehicle is in storage and will not be operated. In addition, the owner or owners shall certify that liability insurance is in effect during the portion of the year in which the vehicle is in actual use on the road.

4.3.2. Pursuant to W. Va Code §17D-2A-3(a), a seasonal or periodic use vehicle is in actual use a portion of the year and stored part of the year. Therefore, the Division will not accept a WV-4B form with storage dates of a year or more. The Division may also not accept forms that can be reasonably interpreted as an attempt to cover the majority of the registration year or otherwise circumvent liability insurance requirements. Additionally, if the Division receives a completed WV-4B form after the beginning of the listed storage period, the vehicle’s seasonal status will be considered effective as of the date of receipt by the Division.

4.3.3. If the owner or owners apply for or renew a registration during such time as the vehicle is certified to be in storage, the seasonal status will be removed from the vehicle. A new owner’s statement of insurance must be submitted with the application for registration as required by W. Va. Code §17A-3-3. If the owner wishes to then place the motor vehicle back in a seasonal status, the owner or owners must submit a new completed WV4-B form to the Division.

4.3.4. A seasonal or periodic use vehicle is subject to the mandatory security upon motor vehicles provisions of Chapter 17D of the W. Va. Code any time it is being operated. If the vehicle is operated, before the end of the storage period certified on the most recently received Form WV-4B, the owner must first notify the Division in a manner prescribed by the Commissioner to have the seasonal status removed early. If, after operation, the owner wishes to then place the motor vehicle back in a seasonal status, the owner or owners must submit a new completed WV4-B form to the Division.

4.3.5. A seasonal or periodic use vehicle with an active title and unexpired registration that has not been placed in a seasonal status with the Division or has had the seasonal status removed is subject to verification of motor vehicle liability insurance and the provisions of section three of this article.

W. Va. Code R. § 91-13-5 Traffic Crash Reports

5.1. Upon receipt of a West Virginia Uniform Traffic Crash Report, the Division shall review the law enforcement officer’s determination of the involved motor vehicle or vehicles liability insurance status.

5.2. If the Commissioner determines that there was no liability insurance at the time of the crash, the Division shall issue notices of suspension by certified mail to the owner or owners of the vehicle in question. The notice shall allow a thirty-day notice period before the suspension effective date. Proof of insurance must be provided to the Division and confirmed for the date and time of the crash.

5.3. If liability insurance coverage cannot be confirmed for the date and time of the crash, the Division shall suspend the driver’s license of the owner of the motor vehicle for a period of thirty days.

5.4. If the Division determines that the owner of the vehicle has been previously suspended for an offense described in W. Va. Code §17D-2A-1 et seq, and this is a second or subsequent offense within five years, the period of the driver’s license suspension is ninety days.

5.5. The Division shall also suspend the registration of the motor vehicle as provided in W. Va. Code §17D-2A et seq.

5.6. Reinstatements of driver’s licenses or driving privileges and vehicle registration are contingent upon payment of all fees assessed by the Division of Motor Vehicles. In addition, the owner must provide proof of current liability insurance for the motor vehicle to which the registration plate associated with the violation is currently assigned or otherwise resolve the unexpired registration, unless that vehicle’s title is no longer in an active status or the involved registration is no longer assigned to that owner.

5.7. The provisions of section seven of this rule apply to first time offenders.

W. Va. Code R. § 91-13-6 Traffic Citations

6.1. Upon receipt of a citation for no insurance, the Division shall issue notices of suspension by certified mail to the owner or owners of the vehicle in question. The notice shall allow a thirty-day notice period before the suspension effective date. Proof of liability insurance must be provided to the Division and confirmed for the date and time of the citation. If the driver is not the owner of the vehicle, the driver shall have the conviction for no insurance placed on his or her driver’s license record.

6.2. If the Commissioner determines that there was no liability insurance, the Division shall suspend the driver’s license of the owner of the motor vehicle for a period of thirty days.

6.3. If the Division determines that the owner of the vehicle has been previously suspended for failing to maintain insurance on a motor vehicle or knowingly operating a vehicle without insurance, and this is a second or subsequent offense within five years, the period of the driver’s license suspension is ninety days.

6.4. The Division shall also suspend the registration of the motor vehicle as provided in W. Va. Code §17D-2A et seq.

6.5. Reinstatements of driver’s licenses or driving privileges and vehicle registration are contingent upon payment of all fees assessed by the Division of Motor Vehicles. In addition, the owner must provide proof of current liability insurance for the motor vehicle to which the registration plate associated with the violation is currently assigned or otherwise resolve the unexpired registration, unless that vehicle’s title is no longer in an active status or the involved registration is no longer assigned to that owner.

6.6. The provisions of section seven of this rule apply to first time offenders.

W. Va. Code R. § 91-13-7 Driver’s License and Vehicle Registration Penalties

7.1. In lieu of the driver’s license suspension requirement for a first offense of no insurance, the owner may choose to pay a $200.00 penalty fee pursuant to the provisions of W. Va. Code §17D-2A-7(a)(1). In addition, the owner must provide proof of current liability insurance for the motor vehicle to which the registration plate associated with the violation is currently assigned or otherwise resolve the unexpired registration, unless that vehicle’s title is no longer in an active status or the involved registration is no longer assigned to that owner. This option applies to any suspension action pursuant to W. Va. Code §§17A-3-3 or 17D-2A-1 et seq.

7.2. A second or subsequent offense for no insurance within five years requires a ninety-day driver’s license suspension. The Division shall also suspend the registration of the motor vehicle.

7.3. In the case of multiple owners, the Division shall suspend the driver’s license of only one owner unless the offense involves false or fraudulent documents.

7.4. Reinstatements of driver’s licenses or driving privileges and vehicle registration are contingent upon payment of all fees assessed by the Division of Motor Vehicles. In addition, the owner must provide proof of current liability insurance for the motor vehicle to which the registration plate associated with the violation is currently assigned or otherwise resolve the unexpired registration, unless that vehicle’s title is no longer in an active status or the involved registration is no longer assigned to that owner.

W. Va. Code R. § 91-13-8 Company Forms and Procedures

8.1. Certificate of Insurance – The form designated by the Commissioner as WV-1B, produced as specified in this section and Appendix A, or such other form approved by the Commissioner, meets the requirements of W. Va. Code §17D-2A-4 for issuance by the insurer to the insured.

8.2. The certificate may be accepted by the Commissioner and all law enforcement agencies as proof of insurance however, all forms of insurance information are subject to verification by the electronic insurance verification program, the company that wrote the motor vehicle liability insurance policy or that company’s authorized representative.

8.3. The insurance company shall provide the certificate of insurance to the insured in duplicate for each policy term or upon request by the insured for each motor vehicle covered by a liability insurance policy.

8.4. The insurance company shall list the policy number and the effective dates of the policy term by including the commencement date and the expiration date of the policy term, the certificate issue date and the NAIC number. In cases where the vehicle owner is different from the policy holder, the company shall list both the policy holder and the vehicle owner.

8.5. The insurance company shall list the covered motor vehicle’s year, either the make or model or both, and full Vehicle Identification Number. In cases of commercial motor vehicles, the word fleet may be used on each certificate in lieu of a motor vehicle description.

8.6. Motor vehicles bearing dealer registration, financial institution registration, or commercial vehicles registered through the Public Service Commission are not required to carry a certificate of insurance.

W. Va. Code R. § 91-13-9 Administrative Due Process

9.1. Any person adversely affected by an order made and entered by the Commissioner in accordance with the provisions of W. Va. Code §17A-3-3 or Chapter 17D of the W. Va. Code and this legislative rule, may request a hearing if specifically allowed by Chapter 17D of the W. Va. Code by filing a written notice with the Division in person, or by certified mail, return receipt requested. The person must request a hearing within ten days from the date on which the registered or certified mail receipt for the order of revocation was signed. However, in cases when the registered or certified mail is not signed for, the provisions of W. Va. Code §17A-2-19 apply which provide that the giving of notice is complete upon expiration of four days after deposit of the notice in the United States mail.

9.2. The notice requesting a hearing must contain a description of the order upon which a hearing is requested, and the grounds upon which it is asserted that the order should be vacated or modified. The scope of the hearing is limited to questions of identity or whether there was the required liability insurance upon the vehicle on the date and time in question.

9.2.1. Hearing requests that assert grounds outside the scope of the hearing designated in subdivision 2 shall be denied by the Division.

9.2.2. If the request for a hearing is denied, the Division will notify the person requesting the hearing at the address of record. If the return address provided on the request is different from the address of record, the Division will also notify the person at that return address.

9.3. The motor vehicle owner has the burden of showing that liability insurance coverage was in effect at the time in question and therefore, shall make the initial presentation of evidence. At the conclusion of the vehicle owner’s presentation, the Division shall have an opportunity to present evidence. All parties have the right to cross-examine witnesses.

9.4. Any party adversely affected by the final order of the Commissioner may petition the appropriate court for judicial review in accordance with W. Va. Code §29A-5-4.

West Virginia Certificate of Insurance Specifications The above specimen form shows the items to be included and the location on the certificate. Print size may vary. If other wording or arrangement of wording is used, prior approval of the Commissioner of Motor Vehicles is required. A certificate printed in accordance with the specimen form, including the addition of the Company logo, if desired, has the prior approval of the Commissioner. 1.) On certificates issued on renewal policies, the word “renewal” may be shown along with the policy effective dates to facilitate acceptance of the certificate prior to date shown. 2.) Vehicle Description:

The year may be shown as 2 digits.

The make may be abbreviated.

Model may be shown in lieu of make.

The full VIN shall be shown.

The plate number shall be entered by the owner. 3.) Certificates shall be provided in duplicate for each vehicle insured at each policy term or upon request by the insured. 4.) When the insurer does not have a description of the vehicle insured under fleet policy, the word “fleet” may be entered in lieu of vehicle description. 5.) The certificate shall include the name of the issuing entity or their authorized representative, along with a contact telephone number for same. 6.) The name of the vehicle owner shall be included if different from the insured. 7.) The date that the certificate was issued shall be indicated on the certificate. 8.) The certificate shall indicate the policy number, and the commencement date and expiration date of the policy term. 9.) NAIC Number shall appear on the certificate in or near the upper right-hand corner.

APPENDIX A

REV 4/2025

Series 14 Waiver Of Safety Belt Requirements

W. Va. Code R. § 91-14-1 General

1.1. Scope. -- This rule establishes the procedure for certifying an exemption from the required use of safety belts in a passenger motor vehicle in accordance with W. Va. Code '17C-15-49.

1.2. Authority. -- W. Va. Code ''17A-2-9 and 17C-15-49(b).

1.3. Filing Date. -- August 31, 1993.

1.4. Effective Date. -- September 30, 1993.

1.5. This rule applies to persons who, due to a physically disabling condition, are unable to comply with the required use of safety belts as provided by W. Va. Code '17C-15-49.

W. Va. Code R. § 91-14-2 Application

2.1. The applicant for a waiver of the safety belt requirement pursuant to W. Va. Code '17C-15-49 shall complete Part I of the Safety Belt Waiver Certificate form prescribed by the Division of Motor Vehicles.

2.2. The applicant shall submit the form with Part I completed to a physician of his or her choice, licensed to practice medicine in the United States.

W. Va. Code R. § 91-14-3 Physician Certification

3.1. A physician, licensed to practice medicine in the United States, after examination of the applicant, may at his or her discretion complete Part II of the application.

3.2. Completion of the application shall, in accordance with W. Va. Code '17C-15-49(b) include:

a. Nature of Physical Disability - typed or printed in designated area.

b. Reason for Waiver of Safety Belt Requirement - typed or printed in the designated area.

c. Alternate Restraint System - if applicable, may, at the physician's discretion be prescribed for the applicant. The physician shall type or write a description of the alternative restraint system in the designated area. Completion of this part of the application shall serve to require the applicant to use the described alternative restraint system when operator or as a passenger in a passenger vehicle.

d. The certifying physician, at his or her discretion, may limit the period of time for which the Safety Belt Waiver Certificate is valid.

3.3. Signature of Physician - shall serve to certify the applicant as having a physical disability which prevents the use of safety belts and validate the Safety Belt Waiver Certificate form as evidence of the disability in accordance with W. Va. Code '17C-15-49(b).

3.4. Nothing in this rule shall require any physician to either examine an applicant to determine eligibility for a Safety Belt Waiver, or require the physician to certify an applicant has qualified for a waiver under the provisions of W. Va. Code '17C-15-49(b), unless the physician makes a determination that in his or her medical opinion, the applicant's use of a safety belt is inappropriate due to the applicant's physical disability.

W. Va. Code R. § 91-14-4 Display and Use of Safety Belt Waiver

4.1. The completion and certification of Part II of the Safety Belt Waiver Certificate form by a physician licensed to practice medicine in the United States, shall serve to:

a. Completely waive the safety belt requirement of W. Va. Code '17C-15-49, for the applicant when operating or as a passenger in a passenger vehicle, or b. Require the applicant to use an alternative restraint system prescribed by the certifying physician when operating or as a passenger in a passenger vehicle.

4.2. The applicant shall keep the Safety Belt Waiver Certificate in any passenger vehicle in which he or she is either an operator or a passenger.

4.3. The applicant may make copies of the Safety Belt Waiver Certificate for use as a duplicate Safety Belt Waiver Certificate if the original is lost or destroyed. The copy shall serve as a valid waiver.

4.4. The applicant shall present the Safety Belt Waiver Certificate upon the demand of any member of a law enforcement agency enforcing the provisions of W. Va. Code '17C-15- 49(b).

4.5. The Safety Belt Waiver Certificate shall not expire unless the certifying physician includes an expiration date by including a period of time for which the waiver is valid.

W. Va. Code R. § 91-14-5 Enforcement

5.1. Enforcement - A member of a law enforcement agency may, at his or her discretion, undertake any investigation necessary to determine the validity or genuineness of any Safety Belt Waiver Certificate.

91CSR14

Series 15 Safety and Treatment Program

W. Va. Code R. § 91-15-1 General

1.1. Scope. -- This legislative rule establishes a comprehensive safety and treatment program for persons found in initial and subsequent violation of W. Va. Code §§17C-5-1 et seq. and 17C-5A-1 et seq.

1.2. Authority. -- W. Va. Code §§17A-2-9 and 17C-5A-3.

1.3. Filing Date. -- April 9, 2025

1.4. Effective Date.—April 9, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2030.

W. Va. Code R. § 91-15-2 Application and Enforcement

2.1. Application. -- This legislative rule applies to all persons involved in the West Virginia Safety and Treatment Program administered by the Division of Motor Vehicles pursuant to W. Va. Code §17C-5A-3.

2.2. Enforcement. -- Enforcement of this legislative rule is vested with the Commissioner of Motor Vehicles.

W. Va. Code R. § 91-15-3 Definitions

The following definitions apply in the interpretation and enforcement of this legislative rule.

3.1. Commissioner. -- The executive officer of the Division of Motor Vehicles as appointed by the Governor.

3.2. Division. -- The Division of Motor Vehicles.

3.3. DUI. -- Any act which constitutes a violation of W. Va. Code §17C-5-2.

3.4. License. -- Any permit issued by the Commissioner of the Division of Motor Vehicles for the purpose of operating a motor vehicle.

3.5. Order of Revocation – A final order of revocation issued by the Division which is not being challenged in any forum.

3.6. Participant. -- A person enrolled in the West Virginia Safety and Treatment Program who has been charged with a DUI in the state of West Virginia or a West Virginia resident who has been charged with a DUI in another state.

3.7. Program. -- The West Virginia Safety and Treatment Program established pursuant to W. Va. Code §17C-5A-3.

3.8. Provider. -- Community Behavioral Health Centers regulated by the Department of Health and Human Resources that are authorized to provide the Safety and Treatment Programs or an entity with an approved program operating in another state. 3.9 – Testing Center – A facility approved by the Division to provide testing services for the detection of controlled substances or drugs.

W. Va. Code R. § 91-15-4 Program Responsibilities

4.1. The Division is responsible for establishing a comprehensive safety and treatment program for persons found in violation of W. Va. Code §§17C-5-1 et seq. and 17C-5A-1 et. seq. The Division shall fulfill this responsibility by developing a Program and authorizing the Community Behavioral Health Centers and other providers to conduct the Program. The Division is also responsible for ensuring that services rendered through providers, both in and out of state, are delivered by competent and qualified professionals. The Division is also responsible for the development of program standards for individuals involved in the service delivery, for approval of program curriculum for in and out of state providers and for the monitoring of compliance by providers with the standards.

W. Va. Code R. § 91-15-5 Program Levels of Referral

5.1. Initial Notification. -- An Order of Revocation that is issued to the participant advising of the requirement for participation in the Program and all other conditions to be met before full license reinstatement. No person may enroll or participate in the Safety and Treatment Program while actively challenging the Division’s Order of Revocation.

5.2. Initial Assessment. -- The first phase of the program consists of an enrollment session and a period of assessment, conducted by a provider, for determining which program levels are appropriate for each participant to complete. The assessment shall use:

5.2.a. Objective information such as the participant’s blood alcohol content; various assessment tests as defined in the Program standards such as the Michigan Alcohol Screening Test (MAST), the Drug Abuse Screening Test (DAST), the Numerical Drinking Profile (NDP) and the McAndrews Scale of the Minnesota Multiphasic Personality Inventory (MMPI); and prior driving under the influence, public intoxication, and other substance abuse related arrests;

5.2.b. Information regarding the participant’s problems involving family, employment, education or training, as well as financial, medical, recreational, emotional, legal and substance abuse problems;

5.2.c. Information regarding the participant’s interpersonal relationships, and his or her own observation of his or her present status, the evaluator’s observations of the participant, and any other significant information that is available; and

5.2.d. American Society of Addiction Medicine (ASAM) criteria to determine the appropriate level of service for participant referral. A participant found to not meet American Society of Addiction Medicine (ASAM) criteria for any level of service must still be referred for services as established in the program standards.

5.3. Level 1. Prevention and Education Component. -- A provider shall refer a participant who, through the assessment phase, is evaluated as not having a significant substance abuse problem to Level I. This level is informational and educational in nature and is intended to create an awareness of the misuse of alcohol and other drugs, particularly as the use relates to the operation of a motor vehicle. The Level I component shall include the following:

5.3.a. Defensive Driving Instruction or other safety driving instruction;

5.3.b. Alcohol and/or Substance Abuse Education, of which at least one hour shall be an orientation to Alcoholics Anonymous, Narcotics Anonymous or other similar entity provided by a member of one of those organizations; and

5.3.c. One individual counseling session after the classroom instruction. This session shall be used to evaluate the participant’s need for further services. If the counselor determines in the counseling session that the participant has not benefited significantly from participation in the program or has demonstrated a lack of involvement, additional prevention and education activities may be required to fulfill the completion criteria for Level I. The participant shall be responsible for the costs of any additional prevention and education activities.

5.4. Level II, Intervention and Treatment Component. -- A provider shall refer a participant who it considers as having an abuse problem according to the American Society of Addiction Medicine’s (ASAM) criteria as set forth in the program standards to Level II of the Program. This level consists of individual or group outpatient counseling on a frequency corresponding to the determined need. Each Level II participant shall complete a Level I, Prevention and Education program.

5.5. Level III, Intensive Care Component. -- A provider shall refer a participant who is assessed as having an abuse problem according to the American Society of Addiction Medicine’s (ASAM) criteria as set forth in the program standards to Level III. A participant at this level shall participate in an intensive treatment program which will have total abstinence as its goal. The intensive treatment component consists of intensive outpatient or residential treatment designed specifically for substance abuse treatment. The participant shall also as part of Level III, complete Level I, Prevention and Education Component and Level II, Intervention Treatment Component.

W. Va. Code R. § 91-15-6 Staff Qualifications

6.1. Provider Responsibilities. -- Each provider is responsible for ensuring that the services provided through the program are delivered by competent and qualified professionals who meet the requirements established in the program standards published by the Division. Each provider shall provide the Division with the names, training and job functions performed by all persons providing services for the program.

6.2. Assessment, Evaluation and Treatment. -- A person providing services for the assessment, evaluation, and treatment aspects of the program shall have at least one-year work experience in the field of substance abuse treatment, or have attained the necessary skills through training, education, experience and supervision.

6.3. Prevention and Education. -- A person providing services for the prevention and education component of the program shall have at least one year of work experience in the field of substance abuse prevention, education, or treatment.

6.4. Defensive Driving or other safety driving instruction. -- A person providing services for the course of defensive driving or other safety driving instruction shall be a qualified instructor as defined in the program standards.

6.5. Program Coordinator. -- Each provider shall designate a DUI Program Coordinator whose function is to supervise the performance of the terms of the contract between the provider and the Division. The program coordinator shall also work with the Division for the purposes of program development and procedural refinement. The program coordinator shall meet or exceed the minimum criteria set forth in the program standards.

W. Va. Code R. § 91-15-7 Program Participant Evaluation

7.1. Referral Evaluation Report. -- Based on the information gathered during the initial assessment as described in subsection 5.2 of this rule, the provider shall make a referral evaluation report on each participant on the form prescribed by the Division. The provider shall forward a copy of each report to the Division within thirty days from the initial assessment. The provider shall provide a copy of the report to the participant.

7.2. Change in Status. -- A provider may change a participant’s program level status following the initial assessment based upon application of the prescribed American Society of Addiction Medicine (ASAM) criteria. When a provider changes a participant’s status, it shall notify the Division by submitting a revised referral evaluation report. The provider shall provide a copy of the report to the participant.

7.3. Status Evaluation Report. -- The provider shall submit a Status Evaluation Report for each participant to the Division, on the prescribed form, upon completion of the Program. The provider shall provide a copy of the report to the participant.

7.3.a. If, subsequent to receipt of notification of completion of the Program, the Division finds during review of any participant’s Interlock data that the participant continues to exhibit signs of abuse through frequent or significant Blood Alcohol Content (BAC) readings, the Division shall inform the provider who shall then void the notification of completion. The Division shall notify the participant that he or she must return to the Provider for re-evaluation and possible further services.

7.4. Appeal of Referral. -- Each Provider shall establish procedures for resolving Participant questions concerning referral level and status evaluation.

W. Va. Code R. § 91-15-8 Fiscal Procedures

8.1. Program Enrollment and Level 1 Component Fee. -- The initial fee for enrollment in the West Virginia Program shall be four hundred dollars ($400.00). This fee covers the provision of the Level 1 Prevention and Education component as described in Subsection 5.3 of this rule, or other basic services as described in Subsection 5.2.d. The Participant shall pay the fee upon enrollment with the provider, unless he or she is found to be indigent.

8.2. Additional Services. -- The cost for all counseling and treatment services provided in addition to the Level I component as described in Subsection 5.3 of this rule, or other basic services as described in Subsection 5.2.d., is the responsibility of the participant. Each provider shall charge for additional services in accordance with its prevailing fee schedule for comparable services.

8.3. Indigent Participant. -- A participant may request an indigent determination for a full waiver of enrollment fees for the provision of the Level I Prevention and Education component provided that the participant meets each of the following criteria:

8.3.a. Participant must have household family income equal to or below one hundred percent of the federal poverty standard, making adjustments for family size.

8.3.b. Participant must be a resident of West Virginia and provide documentation thereof.

8.3.c. Participant must enroll in a program operated by a provider approved by and operating within West Virginia.

8.4. The Division of Motor Vehicles Driver Rehab Fund. -- Upon enrollment in the Program, the participant shall pay to the provider the sum of four hundred dollars ($400.00) except for those participants which are determined to be indigent under Subsection 8.3 of this rule. The provider shall remit to the Division the sum of $125.00 and the provider shall retain $275.00. The Division shall deposit $75.00 of this sum in the Driver Rehab Fund, to be used to reimburse providers for their portion of the enrollment fee for persons qualifying for indigent status. The remaining $50.00 shall be used by the Division for the administration of the Program. The Division is also responsible for collecting the one $125.00 per participant from individuals that, upon approval, participate in an Alcohol/Drug Education Program in another state.

W. Va. Code R. § 91-15-9 Reinstatement of License

9.1. Completion of Program. -- In order to successfully complete the Program, a participant shall complete the prescribed level or levels of education, counseling, and treatment, receive a favorable Status Evaluation Report and pay all applicable costs for program participation.

9.2. Payment of Reinstatement Fees. -- A Program participant shall satisfy all financial obligations to the Division of Motor Vehicles before the reinstatement of his or her license will be considered.

9.3. Final Decision. -- Subject to the provisions of W. Va. Code §17C-5A-3(b)(2), the final decision on license reinstatement is vested with the Commissioner of Motor Vehicles.

Series 19 Approval Of Motor Vehicle Accident Prevention Courses

W. Va. Code R. § 33-20-18 is administered by the West Virginia Division of Motor Vehicles. Completion of this course provides an opportunity for drivers age 55 and older to obtain a reduction in their motor vehicle insurance premium. The rule being amended at this time provides guidance for providers who offer the program in terms of course approval, content and length

After three years, the program must be completed again for the driver to keep the discount. The American Association Retired Persons (AARP) has suggested that the Program guidelines be amended to allow providers to offer two versions of the program, one for first time attendees, and another for persons who are repeating the class for continued eligibility for the discount. AARP suggests that the repeat class be only 4 hours and be characterized as a "refresher" class. The Division of Motor Vehicles is of the opinion that reducing the time for the repeat class will increase participation without diluting the benefits of the program. The Division's position is that any incentive to increase the participation in this program benefits highway safety.

One change made by the agency to the final filing clarifies that eligibility for the refresher class is contingent on taking the class within 90 days prior to the expiration of the three year eligibility cycle. In other words, if a participant allows his or her eligibility to lapse, he or she must complete the course designed for first time participants.

MEMilli Yoe E. Miller Commissioner E.E.O./AFFIRMATIVE ACTION EMPLOYER FILED 2011 APR 13 AM 9:53 TITLE 91 INTERPRETIVE RULE DIVISION OF MOTOR VEHICLES OCH VAGINA SEOSSIARY OF STATE ## SERIES 19 APPROVAL OF MOTOR VEHICLE ACCIDENT PREVENTION COURSES ### §91-19-1. General.

1.1. Scope. -- These interpretive rules relate to the standards for approval of motor vehicle accident prevention courses.

1.2. Authority. -- W. Va. Code §17A-2-9 and §33-20-18(a)

1.3. Filing Date. - April 13, 2011

1.4. Effective Date. -- April 13, 2011 ### §91-19-2. Application and Enforcement.

2.1. Application - These interpretive rules apply to any person or organization offering or proposing to offer a motor vehicle accident prevention course for the purposes of motor vehicle liability insurance personal injury protection and collision coverage premium reduction in accordance with the provisions of §33-20-18.

2.2. Enforcement - Enforcement of these interpretive rules is vested with the Commissioner or lawful designee. ### §91-19-3. Application for Course Approval.

3.1. Application - An application for course approval shall include the following:

(1) Name and address of person or organization offering the course, (2) Name and address of course administrator, (3) Outline of course curriculum, (4) Sample certificate of completion, (5) Outline of instructor training curriculum, (6) Level of compensation for course instructors and, (7) Amount of fees to be charged to participant.

3.2. Approval - Upon receiving an application from a person or organization for approval of a motor vehicle accident prevention course, the Commissioner shall review the information submitted, and if approved, shall issue a certificate of approval which shall be valid for a period of two years.

3.3. Approval Withdrawal - The Commissioner may withdraw approval of a course upon receipt of evidence that an approved motor vehicle accident prevention course is being operated contrary to these interpretive rules. The Commissioner shall notify the sponsoring person or organization and course administrator in writing by certified mail, return receipt requested, of approval withdrawal. Upon such notice of approval withdrawal, any certificate of approval issued to such person or organization shall be returned.

Upon the effective date of such approval withdrawal, no certificate of completion issued by such person or organization shall be valid for motor vehicle liability insurance personal injury protection and collision coverage premium reduction in accordance with the provisions of §33-20-18.

3.4. Renewal of Approval - At least ninety days prior to the expiration of the certificate of approval, any person or organization wishing to renew a certificate of course approval shall submit the information required by Section 3.1 of these rules. ### §91-19-4. Criteria For Course Approval.

4.1. Course Length - A course shall have a minimum of seven (7) hours of classroom instruction. No more than four (4) hours of instruction may be given in any one day.

4.2. Course Curriculum - The curriculum of a course shall include, but not be limited to the following subjects:

4.2.1. Concept of accident preventability, proper following techniques and handling unexpected driving emergencies, driving behavior, emotions, frustrations, attitudes, temporary disabilities, vision, hearing, chronic illness, drugs and alcohol,

4.2.3. Driving strategies, including factors affecting perception, identification and prediction of traffic situations, evaluation of traffic hazards, decision making, and defensive driving, and

4.2.4. West Virginia traffic laws, vehicle dynamic capabilities, limitations and highway environmental factors.

4.3. Enrollment - A course session shall have an enrollment of no more than thirty students. 4.4 Repeat Course Participant- A person or organization may offer a motor vehicle accident prevention course consisting of a minimum of four (4) hours offered on one day to persons who have previously successfully completed the course and who complete the repeat class within ninety days of the expiration of the three year discount eligibility. The refresher course for the repeat participant shall be conducted in accordance with the curriculum designed for repeat participants and as approved by the Commissioner. A participant is not eligible to take the repeat course for the discount eligibility if he or she completes the class after the three year discount eligibility has expired. ### §91-19-5. Course Administration.

5.1. Approved Curriculum - The course shall be conducted in accordance with the curriculum approved by the Commissioner.

5.2. Changes - Any substantive additions to, deletions from or changes in an approved course curriculum shall be submitted to the Commissioner for approval prior to implementing any such proposed change.

5.3. Training - The person or organization sponsoring the course shall be responsible for maintaining instructor training standards established at the time of course approval.

5.4. Schedules - The person or organization sponsoring the course or course administrator shall provide the Commissioner with tentative proposed class dates, times and locations on a monthly basis at least ten (10) days prior to the start of the month. The Commissioner shall be notified of any changes to the proposed class : schedule as soon as possible.

5.5. Statement - The person or organization sponsoring the course shall provide each participant at the time of enrollment in the course with a printed statement which indicates that completion of the course does not in any way imply that the Division of Motor Vehicles certifies that the participant is a safe or competent driver.

5.6. Certificate of Course Completion - The course sponsor shall issue a certificate of completion to each participant successfully completing a course. This certificate shall be sent to the insurance company by the participant for the purposes of qualifying for premium reduction. The course sponsor shall indicate on the certificate of completion if the participant completed the eight hour or the repeat participant four hour course.

5.7. Record Keeping - The course sponsor shall maintain records for a period of three years, which indicate the name, address and driver's license number of course participants as well as the date, place and name of instructor for all course sessions held.

5.8. Access - The course sponsor shall allow the Commissioner access to all records relating to the operation of the course, and shall allow the Commissioner to monitor and evaluate any and all elements or components of the course at any time. ### §91-19-6. Course Approval Withdrawal.

6.1. The Commissioner may, in accordance with Section 4.3, withdraw or refuse to renew course approval for, but not limited to, any of the following reasons:

6.1.1. Material changes to the course which have not been specifically approved by the Commissioner,

6.1.2. A determination that the course is being administered in an unsatisfactory manner,

6.1.3. After a review of comprehensive and qualified statistical data, the course is determined to be ineffective,

6.1.4. The course sponsor fails to comply with any of the provisions these rules, or

6.1.5. Fraud, misrepresentation, or other illegal conduct in the administration of the course. ### §91-19-7. Severability.

7.1. In the event any portion of these interpretive rules shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of these rules.

Series 23 Regulations Governing Vessel Numbers

W. Va. Code R. § 91-23-1 General

1.1. Scope and Purpose. -- These rules prescribe procedures to govern the application for and issuance of certificates of number for motorboats and the placement of vessel numbers on such motorboats.

1.2. Authority. -- W. Va. Code ''17A-2-9and 20-7-12.

1.3. Filing Date. -- January 11, 1988.

1.4. Effective Date. -- February 11, 1988.

W. Va. Code R. § 91-23-2 Definitions

2.1. "Commissioner" means the Commissioner of the West Virginia Department of Motor Vehicles.

2.2. "Motorboat" means any vessel propelled by an electrical, steam, gas, diesel, or other fuel-propelled or drive motor, whether or not such motor is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto.

2.3. "Owner" means a person, other than a lien holder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

2.4. "Person" means an individual, partnership, firm, corporation, association, or other entity.

2.5. "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

2.6. "Waters of this State" means any public waters within the territorial limits of this State to include that portion of the Ohio River which flows along the boundary of this State.

W. Va. Code R. § 91-23-3 Persons Subject To These Regulations

3.1. All persons operating a vessel on the waters of this State and all persons classified as owners within the meaning of Section 2.3. of these regulations are subject to the provisions of these regulations.

W. Va. Code R. § 91-23-4 Motorboats Requiring Numbering By The State Of West Virginia

4.1. All motorboats operating on the waters of this State must be numbered in accordance with the provisions of Chapter 20 of the Code of West Virginia, as amended, and these regulations.

W. Va. Code R. § 91-23-5 Exceptions From Numbering Provisions

5.1. Public vessels of the United States, State or municipal vessels, and ships' lifeboats shall be exempt from the numbering provision of these regulations.

5.2. Motorboats covered by a number in full force and effect awarded pursuant to a federally-approved numbering system of another State: Provided, That such motorboats shall not have been within this State for a period in excess of sixty (60) consecutive days, shall be exempt from the numbering provisions of these regulations.

5.3. A motorboat from a country other than the United States, temporarily using the waters of this State, shall be exempt from the numbering provisions of these regulations.

5.4. Motorboats used exclusively for racing while participating in races, and the preparation therefore, which have been authorized pursuant to the provisions of Chapter 20 of the Code of West Virginia, as amended, shall be exempt from the numbering provisions of these regulations.

W. Va. Code R. § 91-23-6 Application For Number

6.1. The owner of each motorboat requiring numbering by this State shall file an application for a number with the Commissioner. Applications may be secured from the various county clerks, designated hunting and fishing license agents, and designated marine supply stores, or by writing to the Department of Motor Vehicles, 1800 Washington Street, East, Charleston, West Virginia 25317, Attention: Motorboat License Section. The application shall be signed by the owner of the motorboat and shall be accompanied by the fee as prescribed by West Virginia Code '20-7-12. There shall be no fee for motorboats propelled by motors of less than three (3) horsepower. Upon receipt of the application in approved form, the applicant shall be issued a West Virginia certificate of number stating the number awarded to the motorboat.

6.2. Should the ownership of a motorboat change, a new application form with fee shall be filed with the Commissioner, and a new certificate of number shall be awarded in the same manner as provided for in an original award of number. The application for number by a new owner of a vessel shall, for purposes of fee, be regarded as an original application for number. The new number shall be identical with the previous one, except where a lienholder acquires title and lawful possession by virtue of his lien, in which case a new number shall be issued.

W. Va. Code R. § 91-23-7 Certificate Of Number

7.1. The certificates of number shall be pocket-size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.

7.2. Such certificate of number shall be valid only until the last day of June of each year. If at the end of such year, ownership has remained unchanged, such owner shall, upon application and payment of the fee as prescribed by West Virginia Code '20-7-12, be granted a renewal of such certificate of number for an additional one (1) year period.

7.3. The owner shall furnish the Commissioner with notice of the transfer of all or any part of his interest, other than the creation of a security interest, in a motorboat numbered in this State, or of the destruction or abandonment of such motorboat, within fifteen (15) days thereof.

7.4. Any holder of a certificate of number shall notify the Commissioner within fifteen (15) days, if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the Commissioner with his new address.

W. Va. Code R. § 91-23-8 Vessel Identification

8.1. Vessel numbers.

8.1.1. The number shall be divided into three parts. The first part shall consist of the symbols WV, identifying the State of West Virginia, followed by a combination of numerals which furnish individual vessel identification. The group of digits appearing after the letters WV shall be separated by an equivalent space (e.g., WV 100 AA).

8.1.2. The remainder of the boat number shall consist of not more than four (4) arabic numerals and two (2) capital letters, in sequence, separated by an equivalent space, in accordance with the serials numerically and alphabetically.

8.1.3. Since the letters "I", "O", and "Q" may be mistaken for arabic numerals, all letter sequences using "I", "O", and "Q" shall be omitted. Objectionable words formed by the use of letters will not be used.

8.2. Display of number on vessel.

8.2.1. The number awarded, exactly as shown on the certificate of number, shall be painted on or attached to each side of the bow of the vessel for which it was issued.

8.2.2. The number shall be placed on each side of the forward half of the vessel in such position as to provide clear legibility for identification. The numbers shall read from left to right and shall be in block characters of good proportion not less than three (3) inches in height. The numbers shall be of a color which will contrast with the background, and so maintained as to be clearly visible and legible (i.e., dark numbers on a light background or light numbers on a dark background).

8.2.3. No number other than the number awarded to a motorboat or granted reciprocity pursuant to these regulations shall be painted, attached, or otherwise displayed on either side of the bow of such vessel.

8.3. The Commissioner shall furnish to all applicants two (2) decals bearing the numbers of the current year, which will establish valid registration. The decals are to be displayed on each side of the bow of the boat immediately following (within six (6) inches) the assigned West Virginia number.

W. Va. Code R. § 91-23-9 Numbering Livery Boats

9.1. The numbering requirements of these regulations shall apply to livery boats except:

9.1.1. The certificate of number of a livery boat shall be plainly marked "livery boat."

9.1.2. The description of the motor and type of fuel will be omitted from the certificate of number in any case where the motor is not rented with the boat.

91CSR23

Series 24 State Vehicle Title, Registration and Relicensing Project of 2018

W. Va. Code R. § 91-24 State Vehicle Title, Registration and Relicensing Project of 2018

TITLE 91

LEGISLATIVE RULE

DEPARTMENT OF MOTOR VEHICLES

SERIES 24

STATE VEHICLE TITLE, REGISTRATION AND RELICENSING PROJECT OF 2018 §91- 24 -1. General.

1.1. Scope. -- This legislative rule establishes a standardized naming convention for state owned or leased motor vehicles required to be titled and registered by the Division of Motor Vehicles pursuant to the requirements of § 17A-3-25 known as the “State Vehicle Title, Registration, and Relicensing Project of 2018.”

1.2. Authority. – W. Va. Code § § 17A-3-25 and 29A-3-1 et seq.

1.3. Filing Date.-- April 9, 2025

1.4. Effective Date.-- April 9, 2025

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect August 1, 2030. §91- 24 -2. Application And Enforcement.

2.1. Application. This legislative rule applies to state vehicle for each agency, office or spending unit for the purpose of issuing new title, registration, and license plates. 2.2 Enforcement. – Enforcement of this legislative rule is vested with the Commissioner of Motor Vehicles. §91 - 24-3. Definitions.

The following definitions apply in the interpretation and enforcement of this legislative rule

3.1. Commissioner. – The executive officer of the Division of Motor Vehicles as appointed by the Governor.

3.2. Division. – The Division of Motor Vehicles. §91 - 24- 4. Standardized Naming Convention. 4.1 All vehicles owned by the state shall be titled and registered under a standard naming convention consisting of a numeric code and the name of the state agency, office or spending unit as it appears in the central accounting system.

4.2. Appendix A to this rule is the assigned naming convention for each agency, office or spending unit.

4.3. Any agency, office or spending unit created after this rule, shall be assigned a naming convention in accordance with this rule.

4.4. The Division may not be compelled to issue replacement titles or registrations for any agency, office or spending unit that undergoes a name change.

4.5. Any vehicle leased by the state shall be titled and registered in the name of the owner in the care of the name of the state agency, office or spending unit in accordance with the naming convention assigned herein.

APPENDIX A

GOVERNORS OFFICE

SECRETARY OF ADMINISTRATION

CONSOLIDATED PUBLIC RETIREMENT BOARD

TEACHERS RETIREMENT SYSTEM

PUBLIC EMPLOYEES RETIREMENT SYSTEM

JUDGES RETIREMENT SYSTEM

PUBLIC SAFETY RETIREMENT SYSTEM

TEACHERS DEFINED CONTRIBUTION PLAN

FINANCE DIVISION

INFORMATION SERVICES AND COMMUNICATIONS

GENERAL SERVICES DIVISION

STATEWIDE MASTER AGREEMENTS

PURCHASING DIVISION

SURPLUS PROPERTY

TRAVEL MANAGEMENT

FLEET MANAGMENT DIVISION

COMMISSION ON UNIFORM STATE LAWS

BOARD OF RISK AND INSURANCE MANAGEMENT

PUBLIC EMPLOYEES GRIEVANCE BOARD

ETHICS COMMISSION

PUBLIC DEFENDER SERVICES

DIVISION OF PERSONNEL

COMMODITIES AND SERVICES FROM THE HANDICAPPED

PUBLIC EMPLOYEES INSURANCE AGENCY

PROSECUTING ATTORNEYS INSTITUTE

DEPUTY SHERIFF RETIREMENT SYSTEM

CHILDRENS HEALTH INSURANCE AGENCY

OFFICE OF TECHNOLOGY

RETIREE HEALTH BENEFIT TRUST FUND

REAL ESTATE DIVISION

EMERGENCY MEDICAL SERVICES RETIREMENT SYSTEM

MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM

MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM

WV PUBLIC SAFETY DEATH DIS & RETIREMENT SYS PLAN A

WV STATE POLICE RETIREMENT SYSTEM PLAN B

DIVISON OF FINANCIAL INSTITUTIONS

WEST VIRGINIA TOURISM OFFICE

DIVISION OF FORESTRY

GEOLOGICAL AND ECONOMIC SURVEY

WEST VIRGINIA DEVELOPMENT OFFICE

DIVISION OF LABOR

DIVISION OF NATURAL RESOURCES

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF MINERS HEALTH, SAFETY AND TRAINING

OIL AND GAS CONSERVATION COMMISSION

WATER DEVELOPMENT AUTHORITY

BOARD OF COAL MINE HEALTH AND SAFETY

WORKFORCE WEST VIRGINIA

AIR QUALITY BOARD

SECRETARY OF COMMERCE

DIVISION OF ENERGY

DEPARTMENT OF EDUCATION

WEST VIRGINIA SCHOOLS FOR THE DEAF AND THE BLIND

COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION

SECRETARY OF EDUCATION AND THE ARTS

DIVISION OF CULTURE AND HISTORY

LIBRARY COMMISSION

EDUCATIONAL BROADCASTING AUTHORITY

HIGHER EDUCATION POLICY COMMISSION - ADMINISTRATION

HIGHER EDUCATION POLICY COMMISSION - SYSTEM

MOUNTWEST COMMUNITY AND TECHNICAL COLLEGE

NEW RIVER COMMUNITY AND TECHNICAL COLLEGE

PIERPONT COMMUNITY AND TECHNICAL COLLEGE

BLUE RIDGE COMMUNITY AND TECHNICAL COLLEGE

WEST VIRGINIA UNIVERSITY

WEST VIRGINIA UNIVERSITY AT PARKERSBURG

MARSHALL UNIVERSITY

WEST VIRGINIA SCHOOL OF OSTEOPATHIC MEDICINE

HIGHER EDUCATION POLICY COMMISSION - HEALTH SCIENCES

BLUEFIELD STATE COLLEGE

CONCORD UNIVERSITY

FAIRMONT STATE UNIVERSITY

GLENVILLE STATE COLLEGE

SHEPHERD UNIVERSITY

SOUTHERN WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE

WEST LIBERTY UNIVERSITY

WEST VIRGINIA NORTHERN COMMUNITY AND TECHNICAL COLLEGE

WEST VIRGINIA STATE UNIVERSITY

EASTERN WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE

BRIDGEVALLEY COMMUNITY AND TECHNICAL COLLEGE

WEST VIRGINIA NETWORK FOR EDUCATIONAL TELECOMPUTING

SECRETARY OF HEALTH AND HUMAN RESOURCES

BOARD OF BARBERS AND COSMETOLOGISTS

DIVISION OF HEALTH

HEALTH CARE AUTHORITY

BUREAU OF SENIOR SERVICES

HOSPITAL FINANCE AUTHORITY

HUMAN RIGHTS

DIVISION OF HUMAN SERVICES

SECRETARY OF MILITARY AFFAIRS AND PUBLIC SAFETY

ADJUTANT GENERAL

ARMORY BOARD

HOMELAND SECURITY AND EMERGENCY MANAGEMENT

DIVISION OF CORRECTIONS AND REHABILITATION

WEST VIRGINIA STATE POLICE

VETERANS AFFAIRS

REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY

VETERANS HOME

FIRE COMMISSION

DIVISION OF JUSTICE AND COMMUNITY SERVICES

DIVISION OF JUVENILE SERVICES

DIVISION OF PROTECTIVE SERVICES

SECRETARY OF REVENUE

TAX DIVISION

STATE BUDGET OFFICE

INSURANCE COMMISSIONER

LOTTERY COMMISSION

MUNICIPAL BOND COMMISSION

RACING COMMISSION

ALCOHOL BEVERAGE CONTROL ADMINISTRATION

OFFICE OF TAX APPEALS

DIVISION OF MOTOR VEHICLES

DIVISION OF HIGHWAYS

DIVISION OF PUBLIC TRANSIT

PUBLIC PORT AUTHORITY

AERONAUTICS COMMISSION

OFFICE OF ADMINISTRATIVE HEARINGS

PARKWAYS AUTHORITY

APPRAISER LICENSING CERTIFICATION BOARD

BOARD OF FUNERAL SERVICE EXAMINERS

BOARD OF PROFESSIONAL SURVEYORS

BOARD OF COUNSELING

BOARD OF SOCIAL WORK

BOARD OF LICENSED PRACTICAL NURSES

BOARD OF REGISTERED NURSES

BOARD OF CHIROPRACTIC EXAMINERS

BOARD OF DENTISTRY

BOARD OF LANDSCAPE ARCHITECTS

BOARD OF OCCUPATIONAL THERAPY

BOARD OF OPTOMETRY

BOARD OF PHARMACY

BOARD OF PSYCHOLOGISTS

BOARD OF MEDICAL IMAGING AND RADIATION THERAPY TECHNICIANS

BOARD OF SANITARIANS

BOARD OF PROFESSIONAL ENGINEERS

BOARD OF ACCOUNTANCY

BOARD OF ARCHITECTS

WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE

BOARD OF PHYSICAL THERAPY

BOARD OF VETERINARY MEDICINE

PUBLIC SERVICE COMMISSION

REAL ESTATE COMMISSION

BOARD OF FORESTERS

BOARD OF SPEECH LANGUAGE PATHOLOGY AND AUDIOLOGY

DIVISION OF REHABILITATION SERVICES

ATHLETIC COMMISSION

BOARD OF RESPIRATORY CARE

BOARD OF LICENSED DIETITIANS

BOARD OF ACUPUNCTURE

MASSAGE THERAPY LICENSURE BOARD

COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY

NATIONAL COAL HERITAGE AREA AUTHORITY

COAL HERITAGE HIGHWAY AUTHORITY

CENTER FOR NURSING

ECONOMIC DEVELOPMENT AUTHORITY

BOARD OF MEDICINE

MUNICIPAL PENSION OVERSIGHT BOARD

ENTERPRISE RESOURCE PLANNING BOARD

BOARD OF HEARING AID DEALERS

BOARD OF TREASURY INVESTMENTS

AUDITORS OFFICE

TREASURERS OFFICE

DEPARTMENT OF AGRICULTURE

ATTORNEY GENERAL

SECRETARY OF STATE

STATE ELECTION COMMISSION

SENATE

HOUSE OF DELEGATES

JOINT EXPENSES

SUPREME COURT

Series 25 Special Purpose Vehicles

W. Va. Code R. § 91-25-1 General

1.1. Scope. - This legislative rule establishes the procedural rules relating to the registration and operation of special purpose vehicles on highways to be titled and registered with the Division of Motor Vehicles pursuant to the requirements of the Code of West Virginia 1931, pursuant to §17A-13-1, known as Senate Bill 690.

1.2. Authority. – W. Va. Code §17A-13-1, W. Va. Code §17A-2-9, W. Va. Code § 17D-2-1 and W. Va. Code § 11-15-3c.

1.3. Filing Date. – April 2, 2026.

1.4. Effective Date. – April 2, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2031. §91- 25 -2. Application and Enforcement.

2.1. Application. This legislative rule applies to the operation of special purpose vehicles; permitting the operation of street-legal special purpose vehicles on highways; providing for registration of street-legal special purpose vehicles; establishing licensing and equipment requirements for street-legal special purpose vehicles; defining terms; establishing a process for out of state permitting for street-legal special purpose vehicles; providing reciprocity for out of state street-legal special purpose vehicles and clarifying insurance requirements for road use of special purpose vehicles. 2.2 Enforcement. – Enforcement of this legislative rule is vested with the Commissioner of Motor Vehicles. §91- 25 -3. Definitions.

The following definitions apply in the interpretation and enforcement of this legislative rule

3.1. “Commissioner” – means the executive officer of the Division of Motor Vehicles as appointed by the Governor.

3.2. “Division” – means the Division of Motor Vehicles.

3.3. “Special purpose vehicle” – means all-terrain vehicles, utility terrain vehicles, mini-trucks, pneumatic-tired vehicles, and full-size special purpose built vehicles, including those self-constructed or built by the original equipment manufacturer and those that have been modified.

3.4. “Street-legal special purpose vehicle” – means a special purpose vehicle that is registered, titled, and equipped as specified in W. Va. Code § 17A-13-1 et seq.

3.5. “Motorcycle trailer sticker” – means an inspection sticker as defined by W. Va. Code § 17C-16-1 et seq.

3.6. “Title label” – means evidence of title in a manner prescribed by the Commissioner that can be displayed on a special purpose vehicle.

W. Va. Code R. § 91-25-4 Titling, Registration and Road Use for Special Purpose Vehicles and Street-legal Special Purpose Vehicles

4.1. All owners of a special purpose vehicle must obtain a certificate of title in accordance with the provisions of W.Va. Code § 17A-3-2. The Division shall issue a title label in a manner prescribed by the Commissioner for the owner to affix as close as possible to the right rear portion of the special purpose vehicle as evidence of titling.

4.2. All owners of a street-legal special purpose vehicle must register the vehicle and obtain a motorcycle trailer inspection sticker if the owner wishes to drive such vehicle as provided in W. Va. Code § 17A-13-1 et seq. Any owner of a street-legal special purpose vehicle who properly displays a registration plate and motorcycle trailer inspection sticker is not required to display the title label.

4.3. An owner of a street-legal special purpose vehicle may also operate the vehicle in accordance with the provisions of W. Va. Code § 17F-1-1 et seq. An owner of a special purpose vehicle of a type that qualifies as a vehicle for road use under W. Va. Code § 17F-1-1 et seq. but chooses not to register for road use in accordance with W. Va. Code § 17A-13-1 et seq. is limited to road use authorized by W. Va. Code § 17F-1-1 et seq.

4.4. A special purpose vehicle must be titled in the same manner as any other vehicle, however, the commissioner may accept an affidavit and a vehicle identification number verification form in lieu of other forms of proof of ownership for any special purpose vehicle whose model year is 2015 or earlier and was not titled by any owner within the past 5 years. An owner that uses an affidavit to title shall be assessed 6 percent of the purchase price as sales tax in accordance with W. Va. Code § 11-15-3c upon titling the special purpose vehicle but no less than $100 if no proof of the purchase price is available.

4.5. Any person operating an all-terrain vehicle as defined in W. Va. Code § 17F-1-9 as a street-legal special purpose vehicle under the provisions of W. Va. Code § 17A-13-1 in any municipality or county that has enacted a lawful ordinance pursuant to W. Va. Code § 17F-1-3 must operate in compliance with the requirements of the municipal or county ordinance.

4.6. Any person operating an all-terrain vehicle as defined in W. Va. Code § 17F-1-9 as a street-legal special purpose vehicle under the provisions of W. Va. Code § 17A-13-1 in any municipality or county without an ordinance enacted pursuant to W. Va. Code § 17F-1-3 must comply with the provisions of W. Va. Code § 17F-1-1 et seq except in instances where W. Va. Code § 17A-13-1 specifically provides a different requirement.

4.7. No person may operate a special purpose vehicle as a street-legal special purpose vehicle on a highway where the Division of Natural Resources prohibits special purpose vehicles.

W. Va. Code R. § 91-25-5 Insurance

5.1. All street-legal special purpose vehicles must be insured when operated upon the roads regardless of whether the operation is in accordance with W. Va. Code § 17A-13-1 or W. Va. Code § 17F-1-1 et seq. The security must be in an amount and manner provided by Chapter 17D of the West Virginia Code.

W. Va. Code R. § 91-25-6 Out of State Permits

6.1. An out of state resident who owns a vehicle that qualifies as a street-legal special purpose vehicle and wishes to operate it in West Virginia may submit an application for a temporary special permit from the Division accompanied by a fee of $50 to be deposited in the Motor Vehicle Fees Fund pursuant to W. Va. Code § 17A-2-21.

6.2. The permit must be displayed in the same manner as a registration plate issued under W. Va. Code § 17A-13-1 and is valid for a period of two weeks.

6.3. Any out of state resident from a state that issues a registration plate for street-legal special purpose vehicles in a manner similar to West Virginia may operate the out of state street-legal special purpose vehicle in West Virginia in accordance with W. Va. Code § 17A-13-1 without obtaining a temporary special permit provided that the state of residence of the out of state resident provides reciprocal privileges to West Virginia residents.

W. Va. Code R. § 91-25-7 Hatfield-McCoy Recreation Area

7.1. This rule is not intended to add or remove any requirement for the lawful use of a vehicle on the trail system of the Hatfield-McCoy Recreation Area as described in W.Va. Code §20-14-1et seq.

7.2. Any person operating a type of special purpose vehicle or street-legal special purpose vehicle that qualifies for road use under W. Va. Code §17F-1-1 on any access road to the Hatfield-McCoy Recreation Area or upon a road within the corporate limits of any municipality or county within the Hatfield-McCoy Recreation Area working in cooperation with the Hatfield-McCoy Regional Recreation Authority may operate the vehicle without registering it under W. Va. Code §17A-13-1 as long as the person displays a valid Hatfield-McCoy Recreation Area user permit in accordance with W. Va. Code §20-14-8, wears a helmet that meets the standards of W. Va. Code §17C-15-44, and maintains liability insurance in an amount equal to the minimums provided in W. Va. Code §17D-4-2.

7.3. A municipality or county containing roads within an area described in §7.2 above must display appropriate signage describing the rules and regulations herein and any rules and regulations required by the Hatfield-McCoy Regional Recreation Authority.

W. Va. Code R. § 91-25-8 Violation of this rule or W. Va. Code § 17A-13-1

8.1. Any operation of a special purpose vehicle or street-legal special purpose vehicle in violation of the rule or W. Va. Code § 17A-13-1 et seq is a misdemeanor in accordance with the provisions of W. Va. Code § 17A-11-1.