§ 64-8-2 — Division of Motor Vehicles

West Virginia § 64-8-2

• Jurisdiction: West Virginia
• Ch. 64: LEGISLATIVE RULES
• Art. 8: AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES

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(a) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §17A-2-9 of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 2, 2024, relating to the Division of Motor Vehicles (denial, suspension, revocation, disqualification, restriction, non-renewal, cancellation, administrative appeals, and reinstatement of driving privileges, 91 CSR 05), is authorized with the following amendment:

On page 6, after subsection 6.4. by adding a new subsection 6.5. to read as follows:

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.

(b) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §17D-2-2 of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2024, relating to the Division of Motor Vehicles (disclosure of information from the files of the Division of Motor Vehicles, 91 CSR 08), is authorized.

(c) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §17C-13-6 of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 2, 2024, relating to the Division of Motor Vehicles (handicapped placards, 91 CSR 10), is authorized.

(d) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §17C-5A-3 of this code, relating to the Division of Motor Vehicles (Safety and Treatment Program, 91 CSR 15), is authorized.

(e) The legislative rule filed in the State Register on August 14, 2024, authorized under the authority of §17A-3-25 of this code, relating to the Division of Motor Vehicles (State Vehicle Title, Registration and Relicensing Project of 2018, 91 CSR 24), is authorized.

Legislative History

2025 Reg. Sess., SB358; 2024 Reg. Sess., SB60; 2023 Reg. Sess., SB356; 2022 Reg. Sess., SB330; 2020 Reg. Sess., SB364; 2016 Reg. Sess., SB150; 2015 Reg. Sess., SB192; 2014 Reg. Sess., SB165; 2013 Reg. Sess., SB281; 2012 Reg. Sess., HB4206; 2011 Reg. Sess., HB2586; 2010 Reg. Sess., SB291; 2009 Reg. Sess., HB2218; 2008 Reg. Sess., HB4244; 2007 Reg. Sess., SB274; 2006 Reg. Sess., SB353; 2005 Reg. Sess., SB353; 2004 Reg. Sess., HB4211; 2003 Reg. Sess., HB2648; 2002 Reg. Sess., SB305; 2000 Reg. Sess., HB4258; 1994 Reg. Sess., SB184; 1994 Reg. Sess., HB100; 1994 Reg. Sess., SB1; 1990 Reg. Sess., SB243