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§ 72.112 EMPLOYER RESPONSIBILITIES.
   (A)   Each employer shall require the applicant to provide the information specified in W. Va. Code 17E-1-5.
   (B)   No employer shall knowingly allow, permit or authorize a driver to drive a commercial motor vehicle during any period:
      (1)   In which the driver has a driver’s license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
      (2)   In which the driver has more than one driver’s license at one time except during the ten-day period beginning on the date the employee is issued a driver’s license.
(W. Va. Code 17E-1-6) (Prior Code, § 353.03)
§ 72.113 COMMERCIAL DRIVER’S LICENSE REQUIRED.
   (A)   Except when driving under a commercial driver’s instruction permit accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, no person shall drive a commercial motor vehicle unless the person holds a commercial driver’s license and applicable endorsements valid for the vehicle they are driving.
   (B)   No person shall drive a commercial motor vehicle while their driving privilege is suspended, revoked, canceled, expired, subject to a disqualification, or in violation of an out-of-service order.
   (C)   Drivers of a commercial motor vehicle must have a commercial driver’s license in their possession at all times while driving.
(W. Va. Code 17E-1-7) (Prior Code, § 353.04) Penalty, see § 72.999
§ 72.114 EXEMPTIONS.
   (A)   Farmers.
      (1)   Bona fide farmers or farm vehicle drivers, as defined, operating a vehicle otherwise covered by the commercial driver’s license requirements may be exempted from the provisions of this subchapter only if the vehicle used is:
         (a)   Driven by a farmer or farm vehicle driver;
         (b)   Used only to transport either agricultural products, farm machinery or farm supplies to or from a farm;
         (c)   Not used in the operation of a common or contract motor carrier; and
         (d)   Used within 150 miles of the qualifying farm.
      (2)   Farmers who wish to be exempted from the commercial driver’s license requirements must apply to the Division of Motor Vehicles for a certificate of exemption.
   (B)   Military personnel. Military personnel, including the national guard and reserve, will be exempt from the provision of this subchapter, only:
      (1)   When in uniform;
      (2)   Operating equipment owned by the United States Department of Defense, except during declared emergencies or disaster situations;
      (3)   On duty; and
      (4)   In possession of a valid classified military driver’s license for the class of vehicle being driven.
   (C)   Firefighting and rescue equipment. Operators of vehicles authorized to hold an authorized emergency vehicle permit for use of red signal lights only are exempt from the provisions of this article while the authorized emergency vehicle permit is in force. Vehicles in this class include, but are not limited to, firefighters and rescue equipment:
      (1)   Owned and operated by state, county and municipal fire departments;
      (2)   Owned and operated by state, county and municipal civil defense organizations;
      (3)   Owned and operated by a manufacturer engaged in a type of business that requires firefighter equipment to protect the safety of their plants and its employees; and
      (4)   Owned and operated by volunteer fire departments.
   (D)   Operators of off-road construction and mining equipment. Operators of equipment which, by its design, appearance and function, is not intended for use on a public road, including, without limitation, motorscrapers, backhoes, motorgraders, compactors, excavators, tractors, trenches and bulldozers, will be exempt from the provisions of this subchapter; provided, that the exemption recognized by this division (D) shall not be construed to permit the operation of such equipment on any public road except such operation as may be required for a crossing of such road; provided, however, that no such equipment may be operated on a public road for a distance exceeding 500 feet from the place where such equipment entered upon the public road.
   (E)   Exempt vehicles. The Commercial Motor Vehicles Safety Act of 1986, being Title XII of Pub. Law No. 99-570, exempts vehicles used exclusively for personal use such as recreation vehicles and rental trucks used only to transport the driver’s personal or household property.
(W. Va. Code 17E-1-8) (Prior Code, § 353.05)
§ 72.999 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   (1)   Whoever violates § 72.031 shall be fined an amount not to exceed state law.
      (2)   A violation of § 72.031 shall not be deemed by virtue of such violation to constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
      (3)   If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver shall not be considered as violating § 72.031.
(W. Va. Code 17C-15-46) (Prior Code, § 345.31)
   (C)   Whoever violates any provision of § 72.094 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both; provided, that on and after the first day of August, 2009, whoever violates any provision of § 72.094 shall be fined an amount not to exceed state law, and shall pay such court costs as directed by the Municipal Court.
(Prior Code, § 351.99)
   (D)   Unless another penalty is provided in §§ 72.110 to 72.115, whoever violates any provision of §§ 72.110 to 72.115 shall be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law, or both except that for the second violation of § 72.113, the offender shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both. For the third or any subsequent conviction for violation of § 72.113, the offender shall be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law, or both.
(W. Va. Code 17E-1-25) (Prior Code, § 353.99)
   (E)   (1)   In addition to any other penalties provided by the state code or these codified ordinances, any person who drives, operates or is in physical control of a commercial motor vehicle while having an alcohol concentration in his or her blood, breath or urine of 0.04% or more, by weight, shall be imprisoned for a term not to exceed state law, and shall be fined an amount not to exceed state law. A person convicted of a second or any subsequent offense under the provisions of this division (A) shall be imprisoned for a term not to exceed state law, and the court may, in its discretion, impose a fine not exceed state law.
      (2)   A person who violates the provisions of division (A) above shall be treated in the same manner set forth in W. Va. Code 17C-19-3, as if he or she had been arrested for driving under the influence of alcohol or of any controlled substance.
      (3)   In addition to any other penalties provided by the state code or these codified ordinances, a person who drives, operates or is in physical control of a commercial motor vehicle having any measurable alcohol in such person’s system or who refuses to take a preliminary breath test to determine such person’s blood alcohol content as provided by W. Va. Code 17E-1-15 must be placed out of service for 24 hours by the arresting law enforcement officer.
(W. Va. Code 17E-1-14) (Prior Code, § 353.06)
(Ord. 09-07, passed 7-21-2009)