Current through Register Vol. XLI, No. 50, December 13, 2024
Section 91-20-4 - Issuance of Temporary Driver's License4.1. Prescribed Form -- The form contained on the lower portion of the "Statement of Arresting Officer" supplied to law enforcement agencies by the Department shall constitute the temporary driver's license form prescribed by West Virginia Code '17C-5A-1.4.2. Completion of License -- The temporary driver's license form shall be completed in full by the arresting officer at the time of the arrest, and upon completion, shall be given to the arrested person. The temporary driver's license shall not be valid unless signed by the licensee.4.3. Issuance -- A temporary driver's license shall only be issued when the arresting officer secures a valid West Virginia driver's license. The temporary driver's license provisions of West Virginia Code '17C-5A-1(b) do not apply to a person with an out-of-state driver's license or to a person who fails to surrender a valid West Virginia driver's license at the time of arrest. The temporary driver's license form shall not be detached from the "Statement of Arresting Officer" form and shall be marked "void" when a temporary driver's license is not issued.4.4. Revoked or Suspended License -- A temporary driver's license shall not be issued to a person whose driving privilege has been suspended or revoked. Any West Virginia driver's license taken from such person in accordance with Section 3.1 of these rules shall be taped to the "Statement of Arresting Officer" and the temporary driver's license form shall not be detached from the "Statement of Arresting Officer Form" and shall be marked void.4.5. Term of License -- Any temporary driver's license issued by an arresting officer shall be valid for a period of thirty (30) days from the date of arrest.4.6. Failure to Surrender License -- A person who fails to surrender a valid West Virginia driver's license at the time of arrest shall be ordered to surrender such driver's license through the order of revocation directed to such person in accordance with the provisions of West Virginia Code '17C-5A-1(c). Failure to surrender the driver's license as directed by the order of revocation shall result in an order being directed to the Department of Public Safety, local law enforcement agency or other lawful means to secure such driver's license in accordance with West Virginia Code '17B-3-8.