(a) The commissioner shall certify an applicant who:
(1) Is at least eighteen years of age;
(2) Meets the application requirements as prescribed by rule;
(3) Passes the written examination;
(4) Passes the practical demonstration: Provided, That the practical demonstration approved by the commissioner may be administered
on-site by a qualified company representative;;
(5) Presents the original, or a photographic copy, of a physician's certificate that
he or she is physically qualified to drive a commercial motor vehicle as required
by 49 C.F.R. § 391.41, as of the effective date of this article or an equivalent physician's certificate
as approved by the commissioner; and
(6) Pays the appropriate fees.
(b) Certification issued under this article is valid throughout the state and is not
assignable or transferable, and is valid for one year from the date on which it was
(c) Notwithstanding any other provision of this article to the contrary, the commissioner
shall establish a dual classification system of certification as follows:
(1) Class A certification, which will provide eligibility for national certification,
and for which the applicant must achieve a passing score of seventy on the national
commission for the certification of crane operators written examination;
(2) Class B certification, for which the commissioner may accept a lesser score on
the national commission for the certification of crane operators written examination:
Provided, That this score may not be less than sixty for Class B certification.
(d) On and after November 10, 2014:
(1) All individuals who operate cranes in the State of West Virginia which are governed
by the provisions of the Occupational Safety and Health Administration of the United
States Department of Labor, 29 C.F.R § 1926.1400, Subpart CC, are required to hold a Class A certification; and
(2) All individuals who operate cranes in the State of West Virginia which are not
governed by any provision of the Occupational Safety and Health Administration of
the United States Department of Labor are required to hold a Class B certification.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.