Current through Register Vol. XLI, No. 49, December 6, 2024
Section 91-5-8 - Driver Improvement Course8.1. Procedures. - Organizations approved by the Division conduct Driver Improvement courses at various times and locations throughout the State. The Division shall approve the course which is not to exceed fifteen (15) hours but shall consist of at least seven (7) hours of instruction time. The approved organization shall certify the instructors conducting these courses. 8.1.a. Points to Be Deducted Upon Successful Completion. -- Attendance at any Driver Improvement course is voluntary on the part of the licensee. Upon successful completion of a course, the Division shall deduct three points from the total points shown on the driver record of the licensee who has reached the age of eighteen years or older or obtained a level three full driver's license. The Division shall deduct points for completing a course once during a one (1) year period. Any suspension placed against a licensee under the provisions of section seven of this rule will not be altered, reduced or expunged by completion of this program.8.1.b. The Division shall remove three points from the licensee's record after the licensee submits a certificate from the instructor of the course to the Division of Motor Vehicles, showing that the course has been completed by the licensee.8.1.c. Although the Division shall subtract three points from the driver record, the record of all convictions involving motor vehicles shall remain so that if at any future time sufficient points are accumulated to cause the Division to require another review, the Division may consider the conviction for which the points were eliminated along with all other convictions of record in the Division in determining the action, if any, the Division will take following the review.8.2. Graduated Driver Improvement Course. - In accordance with the provisions of W. Va. Code § 17B-2-3a, any level 2 licensee under the age of eighteen who has been convicted of a moving traffic offense or violation of the terms and conditions of a level two intermediate driver's license shall complete an approved graduated driver improvement course prior to obtaining a level 3 full license. The course shall consist of at least four hours of instruction specifically designed for younger drivers. 8.2.a. Completion of the Graduated Driver Improvement Course shall not remove the record of conviction from a licensee's record. In accordance with the provisions of W. Va. Code § 17B-2-3a, the privilege to operate a motor vehicle of any licensee who holds a graduated driver's license shall be revoked until the licensee's eighteenth birthday or longer if applicable, upon the second conviction for a moving traffic violation or violation of the terms and conditions of a level two intermediate license.8.2.b. Completion of the Graduated Driver Improvement Course shall not affect the provisions of W. Va. Code § 17B-2-3a which establishes a prerequisite of conviction free driving for the twelve months immediately preceding the date of application for a level three full license.8.2.c. Completion of the driver improvement course as provided in subsection 8.1 of this rule may substitute for the requirements of this subdivision if a Graduated Driver Improvement Course is not available. However, a licensee under the age of eighteen who completes the course as substitution may repeat the course for the purposes of point reduction after obtaining a level three full license.