W. Va. Code § 17E-1-1
Short title
This article may be cited as the "Uniform Commercial Driver's License Act."
West Virginia Code Chapter 17E — Uniform Commercial Driver's License Act
West Virginia · statute · W. Va. Code ch. 17E · 27 active provisions
Provisions
W. Va. Code § 17E-1-2
Statement of intent and purpose
(a) The purpose of this article is to implement 49 U.S.C. et seq., The Federal Motor Carrier Safety Improvement Act of 1999, 49 U.S.C. §5103a, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept or Obstruct Terrorism Act of 2001 and to reduce or prevent commercial motor vehicle accide…
W. Va. Code § 17E-1-3
Definitions
Notwithstanding any other provision of this code, the following definitions apply to this article: (1) "Alcohol" means: (A) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propenyl and isopropanol; (B) Beer, ale, port or stout and other similar fermented beverages, includ…
W. Va. Code § 17E-1-4
Limitation on number of driver's licenses
No person who drives a commercial motor vehicle may have more than one driver's license at one time. The division shall require the surrender of any previously issued driver's license before issuing a renewed or duplicate driver's license with updated information.
W. Va. Code § 17E-1-5
Notification required by driver
(a) Notification of convictions. (1) Any driver of a commercial motor vehicle holding a driver's license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state or federal, provincial, territorial or municipal laws of Canada, oth…
W. Va. Code § 17E-1-6
Employer responsibilities
(a) Each employer shall require the applicant to provide the information specified in section five of this article. (b) No employer may knowingly allow, permit, require or authorize a driver to drive a commercial motor vehicle during any period in which the driver: (1) Has a driver's license suspended, revoked or cance…
W. Va. Code § 17E-1-7
Commercial driver's license required; disqualification for driving without valid license
(a) On or after April 1, 1992, except when driving under a commercial driver's instruction permit accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds a commercial driver's license and applicable endorsement…
W. Va. Code § 17E-1-8
Exemptions to the commercial driver's license requirements
(a) Bona fide farmers or farm vehicle drivers, as defined, operating a vehicle otherwise covered by the commercial driver's license requirements may be exempted from the provisions of this article only if the vehicle used is: (1) Driven by a farmer or farm vehicle driver; (2) Used only to transport either agricultural…
W. Va. Code § 17E-1-8a
Restricted commercial driver’s license for certain drivers in farm-related service industries
(a) A restricted commercial driver’s license may be issued to persons without meeting the required knowledge and skill tests for driving a commercial motor vehicle prescribed in §17E-1-9 of this code who are employees of the following designated farm-related service industries: (1) Agrichemical businesses; (2) Custom h…
W. Va. Code § 17E-1-9
Commercial driver's license qualification standards
(a) No person may be issued a commercial driver's license unless that person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle, which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, Subparts G and H,…
W. Va. Code § 17E-1-10
Application for commercial driver's license
(a) The application for a commercial driver's license or commercial driver's instruction permit must include at least the following: (1) The full name and current mailing and residential address of the person; (2) A physical description of the person including sex, height, weight and eye color; (3) Date of birth; (4) T…
W. Va. Code § 17E-1-11
Commercial driver's license
The commercial driver's license shall be marked "commercial driver's license" or "CDL" and, to the maximum extent practicable, tamper proof. It must include, but not be limited to, the following information: (a) The name and residential address of the person; (b) The person's color photograph; (c) A physical descriptio…
W. Va. Code § 17E-1-12
Classifications, endorsements, and restrictions
(a) Commercial driver's licenses may be issued with the following classifications: (1) Class A combination vehicle. ─ Any combination of vehicles with a gross combined vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle being towed is in excess of 10,000 pounds. (2) C…
W. Va. Code § 17E-1-13
Disqualification
(a) A person may not operate a commercial motor vehicle if his or her privilege to operate a commercial motor vehicle is disqualified under the provisions of the Federal Motor Carrier Safety Improvement Act of 1999, 49 C. F. R. Part §383, Subpart D (2004) or in accordance with the provisions of this section. (1) For th…
W. Va. Code § 17E-1-14
Commercial drivers prohibited from driving with blood alcohol concentration of four hundredths of one percent or more; refusal of preliminary breath test to determine alcohol content of blood; criminal penalties
(a) In addition to any other penalties provided by this code, any person who drives, operates or is in physical control of a commercial motor vehicle while having an alcohol concentration in his or her blood, breath or urine of four hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conv…
W. Va. Code § 17E-1-14a
Commercial Drivers Prohibited From Texting
(a) No commercial driver may engage in texting while driving a commercial motor vehicle. (b) No motor carrier may allow or require its drivers to engage in texting while driving a commercial motor vehicle. (c) For the purposes of this section only, and unless a more restrictive prohibition is prescribed in this code, d…
W. Va. Code § 17E-1-15
Implied consent requirements for commercial motor vehicle drivers; disqualification for driving with blood alcohol concentration of four hundredths of one percent or more, by weight
(a) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to provisions of section four, article five, chapter seventeen-c of this code, to take a test or tests of that person's blood, breath or urine for the purpose of determining that person's alcohol concentration,…
W. Va. Code § 17E-1-16
Notification of traffic convictions
(a) The Commissioner shall notify the licensing authority of the state where the driver is licensed within thirty days of the date of conviction of any holder of a commercial driver license or any person operating a commercial motor vehicle for any violation of state law or local ordinance relating to motor vehicle tra…
W. Va. Code § 17E-1-17
Driving record information to be furnished
Subject to the provisions of article two-a, chapter seventeen-a of this code, the commissioner shall furnish full information regarding the driving record of any person: (a) To the driver license administrator of any other state of the United States and the District of Columbia or a province or territory of Canada or a…
W. Va. Code § 17E-1-18
Rule-making authority
The commissioner shall adopt rules and regulations necessary to carry out the provision of this article.
W. Va. Code § 17E-1-19
Authority to enter agreements
The commissioner may enter into or make agreements, arrangements or declarations to carry out the provisions of this chapter.
W. Va. Code § 17E-1-20
Reciprocity
(a) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license by any state of the United States and the District of Columbia or a province or territory of Canada or a state or federal agency of the United Mexican States in accordance with the…
W. Va. Code § 17E-1-21
Severability and savings clause
The provisions of any chapter or parts of chapters of this code, which are inconsistent with the provisions of this chapter, are repealed to the extent of such inconsistency.
W. Va. Code § 17E-1-22
Effective dates
All provisions of this chapter are effective immediately on passage except: (a) Section seven - April 1, 1992. (b) Section eight - July 1, 1989. (c) Section nine - July 1, 1989. (d) Section ten - July 1, 1989. (e) Sections eleven, twelve, thirteen, fourteen - April 1, 1992.
W. Va. Code § 17E-1-23
Funding for the commercial driver's license fees
(a) Each application for a commercial driver's license shall be accompanied by the fees provided in this section and the fees shall be deposited in a special revolving fund for the operation by the division of its functions established by this chapter: Provided, That on and after July 1, 2007, any unexpended balance re…
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