SB 563 — Allowing persons operate small-engine mopeds without driver's license or while license is suspended or revoked

NEWS RELEASES HELPFUL LINKS IntroducedSB563 VersionSUB1 « Senate Bill 563 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 563 By Senator Boso [Introduced[Originating Februaryin 15,the 2018;Committee on Transportation and Infrastructure;

ReferredReported on February 23, 2018]     A BILL to amend and reenact §17B-2-1 of the CommitteeCode onof TransportationWest andVirginia, Infrastructure;1931, as amended;

and then to the Committee on the Judiciary] A BILL to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended;

addingchanging “motorized scooter” to definition of moped;“moped”;

including “electric motors” in definition of moped;

(a)(a)(1) (1) No person, except those hereinafter expressly exempted, may drive operate a motor vehicle upon a street or highway in this state or upon a subdivision street used by the public generally unless the person has a valid driver’s license issued pursuant to this code for the type or class of vehicle being driven.

(1) A Class A, BB, or C license shall be issued to those persons 18 years of age or older with two years of driving experience who have qualified for the commercial driver’s license established by chapter seventeen-e17E of this code and the federal Motor Carrier Safety and Improvement Act of 1999 and subsequent rules and have paid the required fee.

(2) A Class D license shall be issued to those persons 18 years and older with one year of driving experience who operate motor vehicles other than those types of vehicles which require the operator to be licensed under the provisions of chapter seventeen-e17E of this code and federal law and rule and whose primary function or employment is the transportation of persons or property for compensation or wages and have paid the required fee.  For the purpose of regulating the operation of motor vehicles, wherever the term “chauffeur’s license” is used in this code, it means the Class A, B, CC, or D license described in this section or chapter seventeen-e17E of this code or federal law or rule:

Provided, That anyone not required to be licensed under the provisions of chapter seventeen-e17E of this code and federal law or rule and who operates a motor vehicle registered or required to be registered as a Class A motor vehicle, as that term is defined in §17A-10-1 of this code, with a gross vehicle weight rating of less than 8001 pounds, is not required to obtain a Class D license.

(3) A Class E license shall be issued to persons who have qualified for a driver’s license under the provisions of this chapter and who are not required to obtain a Class A, B, CC, or D license and who have paid the required fee.  The Class E license may be endorsed under the provisions of §17B-2-7b of this code for motorcycle operation.  The Class E or G license for a person under the age of 18 may also be endorsed with the appropriate graduated driver driver’s license level in accordance with the provisions of §17B-2-3a of this code.

(4) A Class F license shall be issued to those persons who successfully complete the motorcycle examination procedure provided by this chapter and have paid the required fee but who do not possess a Class A, B, C, DD, or E driver’s license.

(f)(f)(1) (1) An identification card may be issued to a person who:

(B) Has reached the age of two years or, for good cause shown, is under the age of two.

or (iii) Will be at least 18 years of age at the next general, municipalmunicipal, or special election and intends to use this identification card as a form of identification for voting;

(A) Every identification card issued to a person who has attained his or her 21st birthday expires on the licensee’s birthday in those years in which the licensee’s age is evenly divisible by five.  Except as provided in paragraph§17B-2-1(f)(1)(B) (B) of this subdivision,code, no identification card may be issued for less than three years or for more than seven years and expires on the licensee’s birthday in those years in which the licensee’s age is evenly divisible by five.

(B) Every identification card issued to a person who has not attained his or her 21st birthday expires 30 days after the licensee’s 21st birthday.

(3) The division may issue an identification card to an applicant whose privilege to operate a motor vehicle has been refused, canceled, suspendedsuspended, or revoked under the provisions of this code.

(i) Notwithstanding any other provision of this code,article, a person may operate a moped, as defined in §17C-1-5a of this code, without a valid driver’s license or motorcycle license, permit, or endorsement on any public street or highway in this state or on any subdivision street used by the public generally that otherwise allows for the operation of a moped.

(a) Except as otherwise provided in subsection (b),(b) or (d),(d) of this section §17B-4-3(b), §17B-4-3(d), and (f)§17B-4-3(f) of this section,code, any person who drives operates a motor vehicle on any public highway of this state at a time when his or her privilege to do so has been lawfully suspended or revoked by this state or any other jurisdiction is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500;

(c) Upon receiving a record of the first or subsequent conviction of any person under subsection§17B-4-3(b) (b) of this sectioncode upon a charge of driving a vehicle while the license of that person was lawfully suspended or revoked, the division shall extend the period of the suspension or revocation for an additional period of six months which may be served concurrently with any other suspension or revocation.

Upon receiving a record of the second or subsequent conviction of any person under subsection§17B-4-3(a) (a) of this sectioncode upon a charge of driving a vehicle while the license of that person was lawfully suspended or revoked, the division shall extend the period of the suspension or revocation for an additional period of 90 days which may be served concurrently with any other suspension or revocation.

If the power source is electric, then the power output shall not exceed 10001,000 watts.

(a) No person may operate or be a passenger on any motorcycle, or motor-driven cycle, or moped unless the person is wearing securely fastened on his or her head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetrationpenetration, and spread impact forces.

In addition, if any motorcycle, motor-driven cyclecycle, or moped is equipped with a windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter-resistant material that complies with the performance specifications established by Department of Transportation Federal Motor Vehicle Safety Standard No.

  Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.