Current through Register Vol. XLI, No. 50, December 13, 2024
Section 91-5-11 - Suspension under Nonresident Violator Compact11.1. Statutory Provisions. -- W. Va. Code § 17B-1C-1 et seq. authorizes this State's entry into the Nonresident Violator Compact. In accordance with the Compact, each compact member state agrees to allow motorists to accept a traffic citation for certain violations and proceed without delay and without the posting of bond or payment of fine regardless of whether the motorist is a resident of the jurisdiction in which the citation was issued.11.2. Failure to Comply. -- Under the provisions of the Nonresident Violator Compact, the Division shall suspend the operating privileges of West Virginia drivers who fail to comply with the terms of certain citations issued by other compact states. The Division shall not act on any failure to comply report transmitted to the division more than six months from the date of the offense.11.3. Notification. -- When another state notifies the Division that a West Virginia licensee has not complied with a traffic citation, the Division shall send the licensee a proposed order of suspension by certified mail return receipt requested. The licensee shall submit to the Division proof of compliance with the terms of the citation within forty-five (45) days.11.4. Proof of Compliance with the Terms of the Citation. - Proof of compliance means certification from the out of state court having jurisdiction that the fine and court costs have been fully satisfied or a certification from the court showing that the citation was dismissed, or the licensee adjudicated not guilty. Proof of compliance does not mean personal representation, or copies of money orders, personal checks, or certified checks.11.5. Failure to Respond. -- If the Division does not receive proof of compliance within the required forty-five (45) days, it shall suspend the licensee's privilege to operate a motor vehicle until such time as proof of compliance with the terms of the citation is received.11.6. Administrative hearing. -- The licensee may appeal a suspension by requesting a hearing within ten (10) days of receipt of the Order. The scope of the hearing is whether or not the person having a license suspended is the person to whom the citation was issued.11.7. Reinstatement. -- Penalty fees under the provisions of W. Va. Code § 17B-3-9 apply to the suspension of driving privileges for failure to comply with the terms of a citation from a compact member state. The reinstatement of a suspended driver's license requires the payment of these fees, in addition to compliance with the terms of the citation in accordance with Section 11.4 of these rules to the satisfaction of the out of state court.