SB 250 — Requiring certain drivers display student driver sign on rear of vehicle

WEST VIRGINIA LEGISLATURE REGULAR SESSION Revised Committee Substitute for Senate Bill 250 BY SENATORCLEMENTS AWDOELFEL [Originating in the Committee on Transportation and Infrastructure;

reported on JanuaryFebruary 31,7, 2023] Rev CS for SB 250 A BILL to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to require levelcertain onedrivers permit holders in the graduated driver’s license program to display a student driver sign.sign;

specifying sign requirement;

authorizing Division of Motor Vehicles to distribute and provide information on signs;

making violators subject to penalties;

and providing for limited court-related cost and fee exemption.

(B) Presents a certified copy of a birth certificate issued by a state or other governmental entity responsible for vital records unexpired, or a valid passport issued by the United States Rev CS for SB 250 government evidencing that the applicant meets the minimum age requirement and is of verifiable identity;

CS for SB 250 (C) Passes the vision and written knowledge examination and completes the driving under the influence awareness program, as prescribed in §17B-2-7 of this code;

In addition to all other provisions of this code for which a driver’s Rev CS for SB 250 license may be restricted, suspended, revoked, or canceled, the holder of a level one instruction permit may only operate a motor vehicle under the following conditions:

CS for SB 250 (A) The permit holder is under the direct supervision of a licensed driver, 21 years of age or older, or a driver’s education or driving school instructor who is acting in an official capacity as an instructor, who is fully alert and unimpaired, and the only other occupant of the front seat.

(F) Any vehicle operated by a permit holder shall display a Studentstudent Driverdriver sign.sign that complies with the requirements of subsection (g) of this section.

The sign may be a magnet, sticker, or banner and shall be on a reflective, caution yellow background, and contain the words Student Driver in black lettering not smaller than 1.5 inches tall in size.

The sign shall be clearly visible to drivers approaching the vehicle from the rear.

The Division of Motor Vehicles may provide such a sign to permit holders and may provide persons with information on where appropriate signs may be purchased.

A permit holder who violates this paragraph shall not be subject to subsection (f) of this section.

CS for SB 250 (B) Has held the level one instruction permit conviction-free for the 180 days immediately preceding the date of application for a level two intermediate license;

Rev CS for SB 250 (C) Has completed either a driver’s education course approved by the State Department of Education or 50 hours of behind-the-wheel driving experience, including a minimum of 10 hours of night time driving, in a vehicle that displayed a Student Driver sign as required in paragraph (F), subdivision (2), subsection (c) of this section, certified by a parent or legal guardian or other responsible adult over the age of 21 as indicated on the form prescribed by the division:

CS for SB 250 (B) The licensee operates a vehicle only under the direct supervision of a licensed driver, age 21 years or older, between the hours of 10 p.m.

Rev CS for SB 250 (ii) A school-sanctioned activity;

Provided, That a person may otherwise be eligible for a restricted license or instruction permit pursuant to §18-8-11.§18-8-11;

and CS for SB 250 At the discretion of the commissioner, completion of an approved driver improvement program may be used to negate the effect of a minor traffic violation as defined by the commissioner against the one-year conviction-free driving criteria for early eligibility for a level three driver’s license and may also negate the effect of one minor traffic violation for purposes of avoiding a second conviction under §17B-2-3a(d)(2)(G) of this code;

and Rev CS for SB 250 (H) Upon the second conviction for a moving traffic violation or a violation of the terms and conditions of the level two intermediate driver’s license, the Division of Motor Vehicles shall revoke or suspend the licensee’s privilege to operate a motor vehicle for the applicable statutory period or until the licensee’s 18th birthday, whichever is longer, unless a greater penalty is required by this section or any other provision of this code.

Any person whose driver’s license has been revoked as a level two intermediate driver, upon reaching the age of 18 years and if otherwise eligible, may reapply for an instruction permit, then a driver’s license in accordance with §17B-2- 5, §17B-2-6§17B-2-6, and §17B-2-7 of this code.code;

and (I) Any vehicle operated by a holder of the level two intermediate driver’s license shall display a student driver sign that complies with the requirements of subsection (g) of this section.

CS for SB 250 (3) Has held the level two intermediate license conviction free for the 12-month period immediately preceding the date of the application;

Rev CS for SB 250 (4) Has completed any driver improvement program required under §17B-2-3a(d)(2)(G) of this code;

(g)Notwithstanding Theany amendmentsother tosection of this sectioncode, madeno duringcosts theor regularfees, sessionother ofthan the Legislature,fees 2023,set shallforth expirein fivethis yearssubsection, frommay thebe effectiveassessed dateagainst a person charged solely with violating paragraph (F), subdivision (2), subsection (c) of this section or paragraph (I), subdivision (2), subsection (d) of this section for the amendments.first offense.

(g) The student driver sign may be a magnet, sticker, or banner and shall be on areflective, caution yellow background, and contain the words Student Driver in black lettering not smaller than 1.5 inches tall in size.

The sign shall be clearly visible to drivers approaching the vehicle from the rear.

The Division of Motor Vehicles may provide such a sign to level one permit holders and level two licensees, and it may provide persons with information on where appropriate signs may be purchased.

(h) The amendments to this section made during the regular session of the Legislature, 2023, shall expire five years from the effective date of the amendments.