W. Va. Code R. § 91-4-5

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-4-5 - Road Skill Examination
5.1. An applicant who presents a valid instruction permit and who meets all other statutory requirements may complete the appropriate application and take the road skills examination subject to the following:
5.1.a. The applicant arrives at the examination site in a lawful manner;
5.1.b. The applicant presents his or her valid instruction permit. Applicants age eighteen and older shall provide two additional documents verifying residency as required by section 10 of this rule;
5.1.c. The applicant presents current proof of insurance and a valid registration card for the vehicle used for testing; and
5.1.d. The applicant who is under the age of eighteen presents proof of completion of an approved course of driver' s education, or the form prescribed by the Division indicating completion of a minimum of fifty hours of behind the wheel instruction with a minimum of ten hours obtained during nighttime driving conditions.
5.2. The road skills examination shall consist of:
5.2.a. A check of the safety equipment of the testing vehicle; and
5.2.b. An examination of the applicant's ability to operate a motor vehicle on a designated course consisting of a moderate grade, right turn, left turn and a traffic control device or stop sign. The applicant must show successful mastering of all skills required to safely operate a motor vehicle including backing and parallel parking. The applicant must give the proper turn signals, use good judgment in traffic situations and have the proper regard for pedestrians and traffic control devices and signals. Available occupant restraint devices must be properly adjusted and securely fastened whenever the vehicle is in motion. Only the applicant and the examiner or examiners and an interpreter may occupy the vehicle during the test.
5.3. An applicant will fail the road skills examination if the applicant:
5.3.a. Appears for the road skills test with a vehicle with illegal or inoperable equipment. However, the Division may allow an applicant to correct a minor defect and continue the examination without regard to the minimum seven day period in 5.6;
5.3.b. Has a crash involving any property damage or personal injury or a crash was prevented only by the action of another driver or the examiner;
5.3.c. Drives into or stalls the vehicle into a location which may be hazardous under certain traffic conditions;
5.3.d. Passes another vehicle yielding to a pedestrian in a crosswalk;
5.3.e. Makes two successive turns from the wrong lane under conditions which make the action hazardous;
5.3.f. Fails to stop for a traffic control device or signal;
5.3.g. Refuses to perform a maneuver which is part of the test;
5.3.h. Makes it apparent that he or she is dangerously inexperienced after proceeding a short distance on the course; or
5.3.i. Does not demonstrate the ability to locate and use all electronic, mechanical and safety equipment on the vehicle.
5.4. The examiner shall evaluate the applicant's performance and determine whether the applicant possesses the skills necessary to operate a motor vehicle. He or she shall record the results of the equipment check and road skills examination and record any restrictions.
5.5. The applicant may use a translator at the Division' s discretion.
5.6. An unsuccessful applicant may return for reexamination after a minimum of seven days have passed and if the applicant still holds a valid instruction permit. The applicant for reexamination must complete all of the components of the road skills examination.
5.7. Applicants who successfully complete the road skills examination are eligible for a driver's license with the appropriate restrictions and endorsements subject to the following:
5.7.a. The applicant shall complete an application on the form prescribed by the Commissioner, endorsed by the examiner and validated with the appropriate information;
5.7.b. A national check of the applicant' s driver license status 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; and
5.7.c. The applicant who is under the age of eighteen presents proof of completion of an approved course of driver' s education, or the form prescribed by the Division indicating completion of a minimum of fifty hours of behind the wheel instruction with a minimum of ten hours obtained during nighttime driving conditions.
5.8. An applicant who successfully completes either the passenger vehicle knowledge examination or road skills examination shall obtain the appropriate instruction permit or driver' s license within thirty days of successfully passing the examination.
5.9. The Division may authorize driver's education instructors, providing instruction pursuant to § 18-6-1et seq. of this code, to administer a road skill examination developed by the Division. The Division may remove the privilege of administering a road skill or basic knowledge examination of any driver's education instructor that fails to comply with the standards developed by the Division. Any person completing a road skill examination administered by a driver's education instructor is exempt from the school eligibility certificate requirement in rule 5.1.b.

W. Va. Code R. § 91-4-5