The following persons are exempt from the license required under § 74.06 of this chapter:
(A) Any person while operating a motor vehicle in the armed services of the United States while in the performance of his or her official duties;
(B) A non-resident who is at least 16 years of age and who has in his or her immediate possession a valid driver’s license issued to the person in the person’s home state or country unless the Commissioner determines the person’s home state or country does not extend the same privileges to a resident of the state, may operate a motor vehicle in the state only as a non-commercial driver for a period not to exceed 90 days in any one calendar year;
(C) A non-resident who is at least 16 years of age, who has in the person’s immediate possession a valid driver’s license issued to the person in the person’s home state or country and who is employed in the state, or owns, maintains or operates a place or places of business in the state, or engages in any trade, profession or occupation in the state, in addition to the driving privileges extended under division (B) above, unless the Commissioner determines the person’s home state or country does not extend the same privileges to a resident of the state, may operate a motor vehicle in the state only as a non- commercial driver in traveling to and from the person’s place or places of employment, place or places of business or place or places at which the person engages in the trade, profession or occupation and in the discharge of the duties of the person’s employment, business, trade, profession or occupation if the duties are such that, if performed by a resident of the state over the age of 18 years of age, the resident would not be required under the provisions of W.Va. Code Ch. 17B to obtain a Class A, B, C or D driver’s license. However, this division (C) shall not exempt any person who is required to obtain a West Virginia driver’s license in accordance with the provisions of W.Va. Code § 17B-2-1a;
(D) A non-resident who is at least 18 years of age and who has in his or her immediate possession a valid commercial driver’s license issued to the person in his or her home state or country and which meets the requirements of the Federal Commercial Motor Vehicle Act of 1986, Title XI of Pub. Law No. 99-570, being 100 Stat. 3207-171, 49 U.S.C. App. 2701 and unless the Commissioner determines the person’s home state or country does not extend the same privilege to a resident of the state may operate a motor vehicle in the state either as a commercial driver subject to the age limits applicable to commercial driver in the state, or as a non-commercial driver subject to the limitations imposed on non- resident drivers in divisions (B) and (C) above; and
(E) Any person who is a student, properly enrolled and registered in an accredited school, college or university in the state, who is at least 16 years of age and who has in his or her immediate possession a valid driver’s license issued to the person in the person’s home state, notwithstanding the limitations of division (B) and (C) above may operate motor vehicle in the state only as non-commercial driver; provided that, the state of which the person is a resident shall extend the same privileges to residents of the state. This exemption shall be canceled immediately when the student is graduated from school, college or university or is expelled or ceases to be a student.
(Prior Code, § 351.07)
Statutory reference:
Related provisions, see W.Va. Code § 17B-2-2