Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-4-8 - Transfer Of Driver's License8.1. A new resident who wishes to operate a motor vehicle in this state shall obtain a West Virginia driver' s license within thirty days of establishing residency in this state. The applicant shall substantiate identity, name, age, gender, school enrollment, West Virginia residency, social security number or substitute and legal presence with the documents required under sections 3, 4, 6, 10, 11 and 12 of this rule. The Division may, upon development of adequate systems, use an out of state driver's license and the documents submitted to obtain the out of state license to substantiate identity, name, age, gender, school enrollment, West Virginia residency, social security number or substitute and legal presence with the documents required under sections 3, 4, 6, 10, 11 and 12 of this rule, except when prohibited by federal law or rule.8.2. An applicant age eighteen or older who holds a valid driver's license expired 36 months or less from another state or jurisdiction of the United States or from a foreign jurisdiction with which this state has a reciprocal agreement may exchange the out of state driver's license for a West Virginia driver's license without taking the knowledge examination or road skills examination prescribed in section 4 and 5 of this rule subject to the following: 8.2.a. The Division completes a national check of the applicant's driver's license status. Any licensee whose driving privileges are suspended or revoked in this state, or in any other state or jurisdiction for an offense for which this state would suspend or revoke a person's privilege to operate a motor vehicle, is not eligible for licensure; 8.2.b. The applicant surrenders his or her valid out of state license. If the applicant's driver's license has been lost, the applicant shall provide a certified driving record dated thirty days or less from the date of application from the applicant's former state of residence indicating that the applicant's driver's license is valid and a written statement indicating his or her intention to surrender his or her driving privileges and the circumstances of why the applicant does not have a valid driver's license in his or her possession;8.2.c. The applicant passes the visual acuity test prescribed by this rule, and completes the driving under the influence awareness component as prescribed as prescribed by West Virginia Code § 17B-2-7(b);8.2.d. The applicant licensed by a foreign jurisdiction with which this state has a reciprocal agreement shows proof of legal presence as required under section 12 of this rule.8.3. The Division may require a driving record from an applicant's prior licensing state or jurisdiction to be incorporated into the record maintained by the Division. The Division may consider the entire record in a revocation or suspension action, or consider any restrictions applied to an applicant's privilege to operate by the applicant's prior licensing state to determine eligibility for a license.8.4. An applicant under the age of eighteen who holds a valid driver's license from another state or jurisdiction of the United States which has a graduated driver's license system may exchange the out of state driver's license for a West Virginia driver's license at a comparable level, without taking the written examination or road skills examination prescribed in section 4 and 5 of this rule subject to the following:8.4.a. The applicant complies with the provisions of subsection 8.2. of this rule and in addition presents driving record dated thirty days or less from the applicant's prior state or jurisdiction of licensure.8.4.b. An applicant who does not possess a graduated driver's license which equals or exceed this state's level 2 graduated driver's license or who was previously licensed in a state or jurisdiction which does not have a graduated driver's license system, shall comply with the provisions of section 4 and 5 of this rule as if he or she never held a license. However, the applicant will be credited with whatever time period the applicant held the previous state or jurisdictions license toward any time periods required for level 1 graduated driver's license if the applicant presents a current driving record at the time of his or her initial application for a West Virginia driver's license; and8.4.c. An applicant's driving record from his or her previous state of licensure will be transferred and become part of the applicant's West Virginia driving record.