H. B. 2622
(By Delegate Tillis, (By Request))
[Introduced February 3, 1999; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact section one, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to setting a speed
restriction of sixty-five miles per hour for semitrailors
traveling on interstate, controlled access or other
four-lane highways while requiring them to stay in the right
lane.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally; penalties for violation
of speed limits in school zones.
(a) No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing
conditions and the actual and potential hazards. In every event
speed shall be so controlled as may be necessary to avoid
colliding with any person, vehicle or other conveyance on or
entering the highways in compliance with legal requirements and
the duty of all persons to use due care.
(b) Where no special hazard exists that requires lower speed
for compliance with subsection (a) of this section, the speed of
any vehicle not in excess of the limits specified in this section
or established as hereinafter authorized is lawful, but any speed
in excess of the limits specified in this subsection or
established as hereinafter authorized is unlawful.
(1) Fifteen miles per hour in a school zone during school
recess or while children are going to or leaving school during
opening or closing hours. A school zone is all school property
including school grounds and any street or highway abutting such
school grounds and extending one hundred twenty-five feet along
such street or highway from the school grounds. The speed
restriction does not apply to vehicles traveling on a
controlled-access highway which is separated from the school or
school grounds by a fence or barrier approved by the state road
commissioner;
(2) Twenty-five miles per hour in any business or residence
district;
(3) Fifty-five miles per hour on open country highways,
except as otherwise provided by this chapter;
(4) Sixty-five miles per hour for semitrailers, unless a
lower limit is posted, on any interstate, controlled access or
other four-lane highway regardless of whether a higher limit is
posted: Provided, That semitrailers are additionally required at
all times to proceed in the right lane of any interstate,
controlled access or other four-lane highway unless road
conditions, other traffic, persons, animals or any obstacle
existing on or near the highway require the driver of the
semitrailer to take evasive action necessary to avoid an accident
or collision.
The speeds set forth in this section may be altered as
authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent with the
requirements of subsection (a) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway and when special
hazard exists with respect to pedestrians or other traffic or by
reason of weather or highway conditions.
(d) The speed limit on controlled-access highways and
interstate highways, where no special hazard exists that requires a lower speed, shall be not less than fifty-five miles per hour
and the speed limits specified in subsection (b) of this section
do not apply.
(e) Any person who violates the provisions of this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars: Provided, That any
person who violates the provisions of this section after having
been previously convicted under the provisions of this section
for a prior offense which occurred within the preceding one-year
period, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than two hundred dollars: Provided,
however, That any person who violates the provisions of this
section after having been previously convicted under the
provisions of this section for two or more prior offenses which
occurred within the preceding two-year period, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars or confined in jail for not more than
six months, or both: Provided further, That any person who
violates subdivision (1), subsection (b) of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than one hundred dollars nor more than five
hundred dollars, or shall be fined not less than one hundred
dollars nor more than five hundred dollars and confined in jail
for not more than six months, or both, for a violation of said subdivision after having been previously convicted for one or
more violations of said subdivision which occurred within the
preceding two-year period.
(f) If an owner or driver is arrested under the provisions
of this section for the offense of driving above the posted speed
limit on a controlled-access highway or interstate highway, and
if the evidence shall show that the motor vehicle was being
operated at less than ten miles per hour above said speed limit,
then, upon conviction thereof, such person shall be fined not
more than five dollars, plus court costs.
If an owner or driver is convicted under the provisions of
this section for the offense of driving above the speed limit on
a controlled-access highway or interstate highway of this state,
and if the evidence shall show that the motor vehicle was being
operated at less than ten miles per hour above said speed limit,
then notwithstanding the provisions of section four, article
three, chapter seventeen-b of this code, a certified abstract of
the judgment on such conviction shall not be transmitted to the
division of motor vehicles.
(g) If an owner or driver is convicted in another state for
the offense of driving above the maximum speed limit on a
controlled-access highway or interstate highway, and if the
maximum speed limit in such other state is less than the maximum
speed limit for a comparable controlled-access highway or interstate highway in this state, and if the evidence shall show
that the motor vehicle was being operated at less than ten miles
per hour above what would be the maximum speed limit for a
comparable controlled-access highway or interstate highway in
this state, then notwithstanding the provisions of section four,
article three, chapter seventeen-b of this code, a certified
abstract of the judgment on such conviction shall not be
transmitted to the department of motor vehicles, or, if
transmitted, shall not be recorded by the department, unless
within a reasonable time after conviction, the person convicted
has failed to pay all fines and costs imposed by the other state:
Provided, That the provisions of this subsection do not apply to
conviction of owners or drivers who have been issued a commercial
driver's license as defined in chapter seventeen-e of this code,
if the offense was committed while operating a commercial
vehicle.
NOTE: The purpose of this bill is to set a speed restriction
of 65 m.p.h. for semitrailers on interstate, controlled access or
other four-lane highways while requiring them to stay in the
right lane.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.