(A) Farmers. 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:
(1) Driven by a farmer or farm vehicle driver;
(2) Used only to transport either agricultural products, farm machinery, farm supplies, to or from a farm;
(3) Not used in the operation of a common or contract motor carrier; and
(4) Used within 150 miles of the qualifying farm. 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, are 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.
(1) 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 subchapter while the authorized emergency vehicle permit is in force.
(2) Vehicles in this class include, but are not limited to, firefighters and rescue equipment:
(a) Owned and operated by state, county and municipal fire departments;
(b) Owned and operated by state, county and municipal civil defense organizations;
(c) 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
(d) 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, are 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 Motor Carrier Safety Improvement Act of 1999, being 49 U.S.C. 113 et seq., exempts vehicles used exclusively for personal use such as the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise.
(Prior Code, § 353.05) Penalty, see § 74.99
Statutory reference:
Related provisions, see W.Va. Code § 17E-1-8