The following persons are exempt from the license required under § 70.080:
(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 nonresident 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 State of West Virginia 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 noncommercial driver for a period not to exceed 90 days in any one calendar year;
(C) A nonresident 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 this state, or owns, maintains, or operates a place or places of business in this state, or engages in any trade, profession, or occupation in this 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 this state, may operate a motor vehicle in this state only as a noncommercial 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 of West Virginia over the age of 18 years of age, the resident would not be required under the provisions of West Virginia Code Ch. 17 to obtain a Class A, B, C, or D driver’s license. However, this section 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 nonresident who is at least eighteen 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. L. No. 99-570 and unless the Commissioner determines the person’s home state or country does not extend the same privilege to a resident of this 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 noncommercial driver subject to the limitations imposed on nonresident drivers in divisions (B) and (C) above; and
(E) (1) Any person who is a student, properly enrolled and registered in an accredited school, college, or university in this 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 divisions (B) and (C) above may operate motor vehicle in the state only as noncommercial driver; provided, that the state of which the person is a resident shall extend the same privileges to residents of the state.
(2) 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.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17B-2-2