West Virginia 2023 Regular Session

West Virginia House Bill HB3531

Introduced
2/14/23  

Caption

Relating to issuance of restricted license

Impact

The enactment of HB 3531 would modify existing state laws related to driver's license suspensions, particularly §17B-3-6 of the Code of West Virginia. It specifically addresses common circumstances leading to suspensions, such as failure to pay fines, or child support issues. With the proposed change, individuals previously barred from driving would have a sanctioned means of doing so, which is expected to have positive implications for their ability to work and manage daily responsibilities. Moreover, the bill introduces requirements for reinstatement fees that could generate additional revenue for the state while assisting licensees in regaining mobility.

Summary

House Bill 3531 pertains to the issuance of restricted licenses in West Virginia for individuals whose licenses have been suspended due to specific violations. The bill seeks to create a framework within which licensees can obtain a restricted license for particular purposes such as work, medical, educational, or religious activities, even while their driving privileges have been temporarily revoked. A fee of $50 is established for the issuance of this restricted license. By allowing a restricted driving option, the bill aims to mitigate the consequences of license suspension, particularly for individuals who need to maintain their livelihood or fulfill essential needs during the suspension period.

Sentiment

The general sentiment around HB 3531 appears to lean towards support due to its focus on providing individuals facing license suspension with a viable pathway to maintain their daily lives. Proponents argue that the ability to drive, even under restrictions, provides essential flexibility to individuals who may be disproportionately affected by strict suspension laws. However, concerns exist regarding the potential for abuse of the restricted license privileges, particularly for repeat offenders. Therefore, discussions revolve around the balance between public safety and the needs of individuals affected by suspension.

Contention

Notable points of contention surrounding HB 3531 include the broad criteria for license suspension stated in existing law, which could classify a wide range of individuals as habitual offenders, potentially undermining the protective intent of providing restricted licenses. Critics argue that while the bill offers a much-needed solution for some, it may inadvertently lessen the deterrent effects of strict driving laws. The question of how to best monitor and enforce the conditions of a restricted license remains a topic of debate, with concerns that they may lead to non-compliance issues that could further complicate driving regulations.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4813

Relating to issuance of restricted license

WV HB103

Driver's license; authorize issuance of hardship license to persons who have their licenses suspended as a result of being out of compliance with order for support.

WV HB858

Driver's license; authorize issuance of hardship license to persons who have their licenses suspended as a result of being out of compliance with order for support.

WV HB924

Driver's license; authorize issuance of hardship license to persons who have their licenses suspended as a result of being out of compliance with order for support.

WV HB4535

Repeal section relating to school attendance and satisfactory academic progress as conditions of licensing for privilege of operation of motor vehicle

WV HB60

Driver's license; authorize issuance of hardship license for those suspended due to noncompliance with an order of support.

WV HB739

Driver's license; authorize issuance of hardship license for those suspended due to noncompliance with an order of support.

WV SB2219

Suspension of an operator's license for nonpayment of child support, the issuance of a temporary permit, authority to suspend an operator's license for failure to pay a fine, hearings on suspension or revocation of license, license reinstatement fees, temporary restricted licenses, and entries on driver's record abstract; to provide for a legislative management study; and to provide a penalty.

WV HB517

Driver's license; authorize issuance of hardship license to persons suspended for being out of compliance with order of support.

WV HB149

Driver's license; authorize issuance of hardship license to persons suspended for being out of compliance with order for support.

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