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Introduced Version House Bill 2794 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2794


(By Delegates DeLong, Cann, Swartzmiller,
Ennis, Givens and Webb)
[Introduced March 8, 2001; referred to the
Committee on Roads and Transportation then the Judiciary.]



A BILL to amend and reenact section nine, article seven, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to driving vehicles on laned highways; providing restrictions while driving in left lanes; and providing criminal penalties for violations.

Be it enacted by the Legislature of West Virginia:
That section nine, article seven, 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 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.

§17C-7-9. Driving on roadways laned for traffic; penalty.
(a) Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules apply in addition to all others consistent herewith shall apply with this section:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall may not be moved from such the lane until the driver has first ascertained that such the movement can be made with safety.
(2) Upon a roadway which is divided into three lanes a vehicle shall may not be driven in the center lane which is clearly marked as a left turn lane except in preparation for a left turn or where such the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such the allocation.
(3) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.
(4) No driver may drive continuously in the left lane of a limited access highway so as to impede the flow of other traffic.
(5) Upon all limited access highways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane when available for traffic, except:
(A) When overtaking and passing another vehicle proceeding in the same direction;
(B) When traveling at a speed greater than the traffic flow;
(C) When moving left to allow traffic to merge; or
(D) When preparing for a left turn at an intersection, exit or into a private road or driveway when the left turn is legally permitted.
(6) Unless otherwise posted, no vehicle towing a trailer and no vehicle or combination over ten thousand pounds may be driven in the left-hand lane of a limited access highway having three or more lanes for traffic moving in the same direction except when preparing for a left turn at an intersection, exit or into a private road or driveway when the left turn is legally permitted.
(7) Subdivisions (4) and (5) of this subsection do not apply to a vehicle using a vehicle lane designated for multioccupant vehicles or car pools.

(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter after the first conviction, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.


NOTE: The purpose of this bill is to provide criminal penalties for impeding the flow of traffic in passing lanes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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