Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-4-4 - Preliminary Examination of Applicants Never Licensed, Holding a License Expired more than 36 Months or Holding an Expired License from Another State or Jurisdiction4.1. An applicant for an instruction permit to operate a motor vehicle shall present a properly completed application on the form designated by the Commissioner. The Division shall make available information for driver's license and ID applicants that clearly delineates the requirements for a for federal use driver license or ID and a not for federal use driver's license and ID. The application shall include the applicant's full legal name and social security number as evidenced by the applicant's social security card. The application shall also include the address and all other information required by the provisions of the West Virginia Code and any other information required by the Division. The applicant shall also comply with the following: 4.1.a. The applicant shall provide the certified original or certified copy of a birth certificate as evidence of the applicant' s full birth name, and date of birth. Foreign birth certificates are not acceptable. If no record of birth exists, in lieu of a birth certificate, the applicant shall provide any documentation required by the Division to establish the applicant' s full birth name and date of birth. An applicant who is not a citizen of the United States shall present all documents required by the Division to verify his or her legal presence in the United States, proof of identity, and proof of residency in this state;4.1.b. The applicant shall provide proof of his or her social security number or a written statement subject to verification by the division that he or she is ineligible for a social security number;4.1.c. If the applicant is under the age of eighteen, the applicant must have the consent of his or her parent or guardian as evidenced by the custodial parent or legal guardian' s signature on the application for an instruction permit. However, an applicant under the age of eighteen who presents a marriage certificate as proof of marital status is exempt from the parental consent requirement;4.1.d. An applicant requesting to change the gender designation on their driver's license or identification card shall submit a completed Gender Designation Form as prescribed by the commissioner which form must require and be accompanied by a certification by a medical doctor of the person' s gender; and4.1.e. An applicant age eighteen or older shall provide two documents showing residency as provided in section 10 and one additional document verifying identity as provided in section 11 of this rule.4.2. The preliminary examination shall consist of five components. 4.2.a. The Division shall administer a visual acuity test with a standard eye testing chart or mechanical device. 1. An applicant with uncorrected visual acuity of 20/40 or better in at least one eye will pass the visual acuity test.2. An applicant with visual acuity of 20/40 or better in at least one eye with the use of contact lenses or glasses will pass the visual acuity test with the appropriate restriction placed on his or her driver' s license.3. An applicant whose visual acuity is less than 20/40 will fail the visual acuity test. An applicant who fails the visual acuity test may request a Driver License Advisory Board Form 2.4. An applicant who presents a properly completed Driver License Advisory Board Form 2 which indicates that the applicant is within the parameters set forth in West Virginia Legislative Rules, Division of Motor Vehicles, Denial, Suspension, Revocation or Nonrenewal of Driving Privileges, 91 CSR 5 will pass the visual acuity test with the appropriate restrictions placed on his or her driver's license.5. An applicant may not use special lens arrangements, including but not limited to biopticor telescopic lenses, to satisfy the visual acuity standard.6. An applicant for a Commercial Driver's License or endorsement shall adhere to the visual acuity standard in section 14 of this rule.7. An applicant or licensee who cannot meet the requirements in paragraphs (1) - (6) of this subdivision is not entitled to a license or instruction permit.4.2.b. Before the Division issues an instruction permit, the Division may require the applicant to pass a color vision test that determines the applicant's ability to distinguish between the colors green, amber and red.4.2.c. Before the Division issues an instruction permit, the Division may require the applicant to pass a depth perception test that detects deficiencies in depth perception.4.2.d. An applicant shall pass a basic knowledge examination consisting of not less than twenty-five questions based on information contained in the West Virginia Driver Licensing Handbook and other materials provided by the Division. An applicant may test orally with a headset via the Division's software program. At the Division's discretion, the applicant may use a translator. A basic knowledge examination developed by the Division may be administered by a driver's education instructor, providing instruction pursuant to § 18-6-1et seq. of this code. An applicant shall answer at least seventy-six percent of the questions correctly in order to pass the examination.4.2.e. An applicant shall complete a driving while under the influence awareness education component as prescribed by West Virginia Code § 17B-2-7(b).4.3. The driver license examiner shall mark and return an application for an instruction permit or a copy of the application to an applicant who fails a portion of the knowledge examination. The applicant may return in seven days for reexamination.4.4. The driver license examiner shall approve the application of an applicant who successfully completes all components of the knowledge examination. The applicant is eligible for an instruction permit subject to the following: 4.4.a. A national check of the applicant's driver license status is completed and shows that the applicant's privilege to operate a motor vehicle is not currently suspended or revoked by this or any other state or jurisdiction; and4.4.b. The applicant pays the required fee.4.5. The instruction permit shall contain the full legal name of the applicant and all other information required by law or prescribed by the Commissioner. The Division shall maintain the social security number as a part of the licensee's record but it shall not appear on the face of the instruction permit.4.6. The West Virginia Driver Licensing Handbook is the instruction guide of the Division concerning the examination of applicants for a driver's license and the qualifications required of applicants.