W. Va. Code R. § 91-16-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 91-16-3 - Suspension of Revocation of Driving Privileges
3.1. Surrender - Any person whose driving privileges have been suspended or revoked by the Commissioner of Motor Vehicles shall surrender all operator's and chauffeur's licenses in their possession pursuant to the provisions of the suspension or revocation order entered.
3.2. Lost or Destroyed Operator's or Chauffeur's Licenses - Any person who is unable to surrender their operator's or chauffeur's license because it has been lost or destroyed shall submit a sworn affidavit stating that the operator's or chauffeur's license has been lost or destroyed. The affidavit shall be held by the Commissioner in lieu of the actual operator's or chauffeur's license: Provided, That any person making a false affidavit shall, pursuant to the provisions of '17B-4-2 be guilty of perjury. During the period of time such affidavit is being held by the Commissioner, such person shall not be eligible for an operator's or chauffeur's license until he is determined eligible for reinstatement.
3.3. Failure To Surrender - Pursuant to the provisions of '17B-4-3 which provide that any person who drives when his privilege to do so has been suspended or revoked shall upon conviction for the first offense, be imprisoned in the county jail for forty-eight hours, and fined; the Commissioner shall proceed against any person who fails to comply with the terms of the suspension or revocation order directed to them.
3.4. Effective Date - The effective date of suspension or revocation of driving privileges shall be the date as listed in the suspension or revocation order entered. All provisions of '17B-3-9 which provides that any person who fails to return any suspended or revoked operator's or chauffeur's licenses as ordered by the Commissioner, the Commissioner shall notify the Superintendent of the Department of Public SafetB to secure possession of such licenses and return the same to the Department, shall apply after the effective date of suspension or revocation.

W. Va. Code R. § 91-16-3