WEST virginia legislature
2020 regular session
House Bill 4450
By Delegate Butler
(By Request of the Division of Motor Vehicles)
[Introduced January 21, 2020;
to the Committee on Technology and Infrastructure then Government Organization.]
A BILL to amend and reenact §17B-2-5 of the Code of West Virginia, 1931, as amended, relating to instruction permits issued by the Division of Motor Vehicles; and changing the expiration date of instruction permits issued to persons who have reached the age of 18 years from 90 days to six months.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-5. Qualifications, issuance and fee for instruction permits.
(a) Any person who is at least 15 years of age may apply to the division for an instruction permit. However, any person who has not attained the age of 18 shall comply with the provisions of §17B-2-3a of this code. The division may, in its discretion, after the applicant has successfully passed all parts of the examination other than the road skills test, issue to the applicant an instruction permit which entitles the applicant while having the permit in his or her immediate possession to drive a motor vehicle upon the public highways when accompanied by a licensed driver of at least 21 years of age, a driver’s education or driving school instructor that is acting in an official capacity as an instructor, who is alert and unimpaired or a certified division license examiner acting in an official capacity as an examiner, who is occupying a seat beside the driver.
(1) Any instruction permit issued to a person under the age of 18 years shall be issued in accordance with the provisions of §17B-2-3a of this code.
(2) Any permit issued to a
person who has reached the age of 18 years is valid for a period of
ninety days six
months. The fee for the
instruction permit is $7.50 for one attempt. The Division of Motor Vehicles may
adjust this fee every five years on September 1, based on the U. S. Department
of Labor, Bureau of Labor Statistics most current Consumer Price Index: Provided,
That an increase in such fee may not exceed 10 percent of the total fee amount
in a single year.
(b) Any person 16 years of age or older may apply to the division for a motorcycle instruction permit. Any person under the age of 18 must have first completed the requirements for a level two intermediate driver’s license or a Class E driver’s license before being eligible for a motorcycle instruction permit.
The division may, in its
discretion, after the applicant has successfully passed all parts of the motorcycle
examination other than the driving test, and presented documentation of
compliance with the provisions of §18-8-11 of this code, if applicable, issue
to the applicant an instruction permit which entitles the applicant while
having the permit in his or her immediate possession to drive a motorcycle upon
the public streets or highways for a period of
ninety days six
months, during the daylight hours between sunrise and sunset
only. No A holder of a motorcycle instruction permit shall
may not operate a motorcycle while carrying any passenger on the
A motorcycle instruction permit is not renewable, but a qualified applicant may apply for a new permit. The fee for a motorcycle instruction permit is $5, which shall be paid into a special fund in the State Treasury known as the Motor Vehicle Fees Fund.
NOTE: The purpose of this bill is to extend the expiration time for instruction permits issued by the Division of Motor Vehicles to persons who have reached the age of 18 years from 90 days to six months.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.