W. Va. Code R. § 91-5-9 - Procedures for Medical Review and Driving Re-Examination of Licensed Drivers

9.1. Statutory Provisions. -- In accordance with W. Va. Code § 17B-3-7, the Division of Motor Vehicles may require a re-examination of a licensed driver. The Division, having good cause to believe that a licensed driver is inimical to public safety or welfare or otherwise not qualified to be licensed, may upon written notice of at least five days require the licensee to submit to a medical review, vision, written and driving examination, and may immediately suspend or cancel the licensee's driving privilege upon receipt of a written notice pursuant to subdivision 9.2.b or d of this rule. Upon the conclusion of the examination, the Division shall take action as may be appropriate and may cancel, suspend or revoke the license of that person or may issue a license subject to restrictions as provided under W. Va. Code § 17B-2-10. The Division may cancel, suspend or revoke the license of the licensee if he or she refuses or neglects to submit to the examination.

9.2. Good Cause. -- For the purposes of this rule, good cause means:

9.2.a. A written, professional opinion from a licensed medical practitioner that the licensee has a physical, medical or emotional condition which jeopardizes the licensee's ability to operate a motor vehicle;

9.2.b. A written, reasoned opinion from an adult relative or caregiver with an immediate knowledge of the licensee's driving ability or medical condition that impairs the licensee's ability to operate a motor vehicle. However, the Division shall not enter an immediate suspension or revocation of the licensee's driving privilege based solely on notice from an adult relative or care giver until a medical review under subdivision 3.2 of this rule or driving reexamination has been completed;

9.2.c. A written notice from an employee of a rehabilitation facility's driver education, driver training or other similar program, that in his or her judgement, the licensee presents a danger to public safety or welfare, or;

9.2.d. A written notice from a law enforcement officer, an officer of the court, or a designated employee of the Division that in his or her judgment there is reason to believe that the licensee is incompetent or unable to safely drive a motor vehicle. This judgment may be based upon personal observation and/or a review of Division records or any form of the licensee's accident history. However, the Division shall not enter an immediate suspension or revocation of the licensee's driving privilege based solely on notice from an officer of the court or an employee of the Division until a medical review under subsection 3.2 of this rule or driving reexamination has been completed.

9.3. The Division shall mail the notice of re-examination to the licensee's most recent driver license address on file with the Division by certified or registered letter. The notice shall contain the time and place designated for the re-examination and, also, shall contain a brief explanation that the Division may impose a suspension or revocation if the licensee fails to appear and submit to the re-examination as directed by the notice.

9.4. The re-examination may consist of a maximum of four parts.

9.4.a. The first part consists of completion of a medical report form by a physician in accordance with Section 3 of this rule.

9.4.b. The second part consists of a vision test and an inquiry into any physical disability. In addition to a review of the licensee's physical qualifications, the driver examiner conducts a personal interview with the licensee.

9.4.c. The third part of the re-examination consists of a written test composed of questions of equal value. The licensee shall answer correctly a minimum of 70% of the questions covering motor vehicles laws, rules of the road, highway warnings, traffic signs and signaling devices to pass the re-examination. The examiner may administer the written test verbally if the licensee is determined by the examiner to be illiterate. The reference document for the material on the test is the official Driver's Handbook as prescribed by the Division of Motor Vehicles.

9.4.d. The fourth part of the re-examination is a driver clinic skill to determine the driving skills of the licensee. The examiner may not give the driver clinic skills test if the licensee fails to exhibit the minimum physical ability to safely operate a motor vehicle.

9.5. If the licensee fails any part of the re-examination, the Division shall suspend his or her license and notify the licensee of the suspension. The Division shall send the notice by certified or registered mail and the suspension is effective four days after the date of the suspension order.

9.6. The licensee is not eligible for a second re-examination until the expiration of thirty days from the date of the failed re-examination. The licensee shall make a request, by letter or in person, to the Division of Motor Vehicles, for the opportunity to take subsequent re-examinations.

9.7. If a licensee fails a second re-examination, the licensee is not eligible for a re-examination until sixty days have expired from the date of the previous re-examination. If a licensee fails a third re-examination, the licensee is not eligible for the fourth re-examination until six months have elapsed. Failure of four consecutive re-examinations is grounds for permanent revocation and the licensee is not eligible for additional testing until one year from the last re-examination date.

9.8. If the licensee fails to pass the re-examination because of failure to meet the visual qualifications, the Division shall not grant a further examination until he or she submits adequate evidence of visual improvement.

9.9. If the driver's license is cancelled or suspended because of a physical condition and the licensee subsequently submits a satisfactory medical report, the Division may require the licensee to submit to part three and part four of the examination to determine the licensee's driving ability before the driver's license is reinstated.

9.10. The Division may cancel, suspend or revoke the driver's license of a licensee who refuses or neglects to submit to any part of the examination, or both, requested in accordance with the provisions of W. Va. Code § 17B-3-7.

Notes

W. Va. Code R. § 91-5-9