Senate Bill No. 196
(By Senators Kessler, Ball, Dittmar, Hunter, Snyder, Wooton,
Deem, Mitchell, Anfderson, Sharpe, Ross, McCabe and Chafin)
__________
[Introduced January 22, 1999;
referred to the Committee on the Judiciary.]
__________
A BILL to amend and reenact section one, article three, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
two, article nine of said chapter; to amend and reenact
sections one and nine, article two, chapter seventeen-b of
said code; to amend and reenact sections four, four-a, four-b
and six, article three, chapter seventeen-c of said code; to
amend and reenact sections three-a and five, article six of
said chapter; to amend and reenact sections one, two, three,
five, six, seven, eight, nine, eleven and twelve, article
seven of said chapter; to amend and reenact sections two,
three, four, six and eight, article eight of said chapter; to
amend article nine of said chapter by adding thereto a new
section, designated section six; to amend article ten of said
chapter by adding thereto a new section, designated section seven; to amend and reenact section six, article twelve of
said chapter; to amend and reenact sections one, three and
four, article thirteen of said chapter; to amend and reenact
sections one, two, four, five, six, seven, eight, nine, ten
and thirteen, article fourteen of said chapter; to amend and
reenact section thirty-six-a, article fifteen of said chapter; to amend
article fifteen of said articlechapter by adding thereto a new
section, designated section six; to amend abf nd reenact section
thirty-six-a of said article; to amend and reenact sections
four and nine, article two-a, chapter seventeen-d of said
code; to amend and reenact section thirty-one, article two,
chapter twenty of said code; to amend and reenact section
twenty-six, article seven of said chapter; to amend and
reenact section nine, article six, chapter sixty of said code;
and to amend and reenact section thirty-nine-a, article three,
chapter sixty-one of said code;, all relating to
eliminating
the jail penalty for certain offenses; eliminating the jail
penalty for first convictions of driving or moving or for
allowing one's motor vehicle to be driven or moved when such
motor vehicle is not registered or for which a certificate of
title has not been issued or applied for or for which the appropriate fee has not been paid; eliminating the jail
penalty for first convictions of operating a motor vehicle
without evidence of registration; eliminating the jail penalty
for first convictions of driving a motor vehicle without
obtaining a valid driver's license; eliminating the jail
penalty for driving a motor vehicle without possessing a
driver's license for immediate display; eliminating the jail
penalty for failing to obey instructions of official traffic
control devices; eliminating the jail penalty for failing to
obey law-enforcement officers or persons authorized by the
commissioner of highways or by proper local authorities to
operate traffic control devices; eliminating the jail penalty
for exceeding the posted speed restriction or traffic
restriction at a construction site by less than fifteen miles
per hour; eliminating the jail penalty for violating the
pedestrian walk and wait signals; eliminating the jail penalty
for violating the minimum speed limit; eliminating the jail
penalty for violating special speed limitations; eliminating
the jail penalty for violating the restrictions on driving on
the right side of the roadway; eliminating the jail penalty
for violating the restrictions on passing vehicles proceeding
in the opposite direction; eliminating the jail penalty for violating the restrictions on overtaking passing vehicles
proceeding in the same direction; eliminating the jail penalty
for violating the restrictions on overtaking on the left;
eliminating the jail penalty for violating the restrictions on
driving to the left of the center of the roadway; eliminating
the jail penalty for violating the restrictions on no-passing
zones; eliminating the jail penalty for violating the
restrictions on one-way roadways and rotary traffic islands;
eliminating the jail penalty for violating the restrictions on
driving on roadways laned for traffic; eliminating the jail
penalty for violating the restrictions on driving on divided
highways; eliminating the jail penalty for driving onto or
from controlled-access roadways; eliminating the jail penalty
for violating the restrictions on making right turns;
eliminating the jail penalty for violating the restrictions on
making left turns; eliminating the jail penalty for violating
the restrictions on making left turns on other than two-way
roadways; eliminating the jail penalty for violating the
restrictions on turning on a curve or the crest of a grade;
eliminating the jail penalty for violating the restrictions on
turning movements and required signals; eliminating the jail
penalty for violating the provisions outlining the right-of-way; eliminating the jail penalty for violating the provisions
outlining the pedestrians' rights and duties; eliminating the
jail penalty for stopping before emerging from an alley or
private driveway; eliminating the jail penalty for violating
the restrictions on stopping, standing or parking outside a
business or residence district; eliminating the jail penalty
for stopping, standing or parking in specified places;
eliminating the jail penalty for violating restrictions on
parking; eliminating the jail penalty for violating the
restrictions on leaving a motor vehicle unattended;
eliminating the jail penalty for violating the limitations on
backing; eliminating the jail penalty for violating the
restrictions on obstruction of the driver's view or driving
mechanisms; eliminating the jail penalty for violating the
restrictions on passengers in the seat with the driver;
eliminating the jail penalty for violating the restrictions on
passengers on the running board; eliminating the jail penalty
for violating the restrictions on driving on mountain
highways; eliminating the jail penalty for violating the
restrictions on coasting; eliminating the jail penalty for
violating the restrictions on following authorized emergency
vehicles; eliminating the jail penalty for violating the restrictions on crossing fire hoses; eliminating the jail
penalty for violating the restrictions on parking on private
property; eliminating the jail penalty on violating the
restrictions on necessary equipment on motor vehicles;
eliminating the jail penalty on violating the restrictions on
sun -screening devices; eliminating the jail penalty on first
convictions for the failure to carry and furnish proof of
insurance; eliminating the jail penalty for first convictions
of altering, mutilating or defacing any department of natural
resources license, tag or permit, or the entries thereon;
eliminating the jail penalty for second convictions for
littering; eliminating the jail penalty for first convictions
of being intoxicated in public; eliminating the jail penalty
for first convictions of drinking alcohol in public;
eliminating the jail penalty for first convictions of
tendering alcohol to another person in public or possessing
alcohol in amounts in excess of ten gallons without the proper
authorization; and eliminating the jail penalty for first and
second convictions of making a worthless check.
Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section two, article nine
of said chapter be amended and reenacted; that sections one and
nine, article two, chapter seventeen-b of said code be amended and
reenacted; that sections four, four-a, four-b and six, article
three, chapter seventeen-c of said code be amended and reenacted;
that sections three-a and five, article six of said chapter be
amended and reenacted; that sections one, two, three, five, six,
seven, eight, nine, eleven and twelve, article seven of said
chapter be amended and reenacted; that sections two, three, four,
six and eight, article eight of said chapter be amended and
reenacted; that article nine of said chapter be amended by adding
thereto a new section, designated section six; that article ten of
said chapter be amended by adding thereto a new section, designated
section seven; that section six, article twelve of said chapter be
amended and reenacted; that sections one, three and four, article
thirteen of said chapter be amended and reenacted; that sections
one, two, four, five, six, seven, eight, nine, ten and thirteen,
article fourteen of said chapter be amended and reenacted; that
section thirty-six-a, article fifteen of said chapter be amended
and reenacted; that said article be amended by adding thereto a new
section, designated section six; that sections four and nine,
article two-a, chapter seventeen-d of said code be amended and reenacted; that section thirty-one, article two, chapter twenty of
said code be amended and reenacted; that section twenty-six,
article seven of said chapter be amended and reenacted; that
section nine, article six, chapter sixty of said code be amended
and reenacted; and that section thirty-nine-a, article three,
chapter sixty-one of said code be amended and reenacted, all to
read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-1. Misdemeanor to violate provisions of article; penalty.
(a) It is
a misdemeanor unlawful for any person to drive or
move or for an owner knowingly to permit to be driven or moved upon
any highway any vehicle of a type required to be registered
hereunder under this article which is not registered or for which
a certificate of title has not been issued or applied for or for
which the appropriate fee has not been paid when and as required
hereunder under this article, except as otherwise permitted by the
provisions of this chapter:
Provided, That in the event of the
sale of a vehicle by a person other than a registered dealer, the
person purchasing the same may, for a period of not more than ten days, operate such vehicle under the registration of its previous
owner and display the registration thereof:
Provided further, That
he
or she shall have and display on the demand of any proper
officer the consent in writing of such previous owner so to use
such registration.
(b) Unless otherwise provided for in this article, any person
violating the provisions of this article is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than five
hundred dollars; and upon a second or subsequent conviction
thereof, shall be fined not more than five hundred dollars, or
confined in the county or regional jail not more than six months,
or both.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR
REVOCATION OF REGISTRATION.
§17A-9-2. Operation of vehicles without evidences of
registration; use of temporary facsimile; penalty.
(a) No person shall operate, nor shall an owner knowingly
permit to be operated, upon any highway any vehicle required to be
registered
hereunder under this article unless there shall be
attached thereto and displayed thereon or shall be in the
possession of the operator when and as required by this chapter a
valid registration card and registration plate or plates issued therefor by the department for the current registration year
,
except as otherwise expressly permitted in this chapter.
Any
violation of this section is a misdemeanor.
(b) In the event that the registration plate or plates
originally issued are lost, destroyed or stolen, a temporary
facsimile of the plate or plates, showing the number of the same,
may be attached to the vehicle by the owner for a period of not
more than fifteen days, or until a new plate or plates are issued
by the department
, whichever is earlier:
Provided, That no such
facsimile shall be used and no such vehicle shall be driven upon
the highways of this state, until the owner shall have notified in
writing the
department of public safety West Virginia state police
of the loss of such registration plate or plates.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars; and upon a second or
subsequent conviction thereof, shall be fined not more than five
hundred dollars, or confined in the county or regional jail not
more than six months, or both.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1. Drivers must be licensed; types of licenses; licensees
need not obtain local government license; motorcycle driver
license; identification cards; penalty.
(a) No person, except those hereinafter expressly exempted,
may drive any motor vehicle upon a street or highway in this state
or upon any subdivision street, as used in article twenty-four,
chapter eight of this code, when the use of such subdivision street
is generally used by the public unless the person has a valid
driver's license under the provisions of this code for the type or
class of vehicle being driven.
Any person licensed to operate a motor vehicle as provided in
this code may exercise the privilege thereby granted as provided in
this code and, except as otherwise provided by law, shall not be
required to obtain any other license to exercise such privilege by
any county, municipality or local board or body having authority to
adopt local police regulations.
(b) The division, upon issuing a driver's license, shall
indicate on the license the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with the
provisions of this code, federal law or rule.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) Class A, B or C license shall be issued to those persons eighteen years of age or older with two years driving experience
and who have qualified for the commercial driver's license
established by chapter seventeen-e of this code and the federal
Commercial Motor Vehicle Safety Act of 1986, Title XII of public
law 99870 and subsequent rules, and have paid the required fee.
(2) Class D license shall be issued to those persons eighteen
years and older with one year driving experience who operate motor
vehicles other than those types of vehicles which require the
operator to be licensed under the provisions of chapter seventeen-e
of this code and federal law and rule and whose primary function or
employment is the transportation of persons or property for
compensation or wages and have paid the required fee. For the
purposes of the regulation of the operation of a motor vehicle,
wherever the term chauffeur's license is used in this code, it
shall be construed to mean the Class A, B, C or D license described
in this section or chapter seventeen-e of this code or federal law
or rule: Provided, That anyone who is not required to be licensed
under the provisions of chapter seventeen-e of this code and
federal law or rule and who operates a motor vehicle which is
registered or which is required to be registered as a Class A motor
vehicle as that term is defined in section three, article ten,
chapter seventeen-a of this code with a gross vehicle weight rating of less than eight thousand one pounds, is not required to obtain
a Class D license.
(3) Class E license shall be issued to those persons who have
qualified under the provisions of this chapter and who are not
required to obtain a Class A, B, C or D license and who have paid
the required fee. The Class E license may be endorsed under the
provisions of section seven-b of this article for motorcycle
operation.
(4) Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure provided
for by this chapter and have paid the required fee, but who do not
possess a Class A, B, C and D or E driver's license.
(d) No person, except those hereinafter expressly exempted,
shall drive any motorcycle upon a street or highway in this state
or upon any subdivision street, as used in article twenty-four,
chapter eight of this code, when the use of such subdivision street
is generally used by the public unless the person has a valid
motorcycle license or a valid license which has been endorsed under
section seven-b of this article for motorcycle operation or has a
valid motorcycle instruction permit.
(e) (1) A nonoperator identification card may be issued to any
person who:
(A) Is a resident of this state in accordance with the
provisions of section one-a, article three, chapter seventeen-a of
this code;
(B) Does not have a valid driver's license;
(C) Has reached the age of sixteen years;
(D) Has paid the required fee of ten dollars: Provided, That
such fee is not required if the applicant is sixty-five years or
older or is legally blind; and
(E) Presents a birth certificate or other proof of age and
identity acceptable to the division with a completed application on
a form furnished by the division.
(2) The nondriver identification card shall contain the same
information as a driver's license except that such identification
card shall be clearly marked as identification card. The
identification card shall expire every four years. It may be
renewed on application and payment of the fee required by this
section.
(A) After the thirtieth day of June, one thousand nine hundred
ninety-six, every identification card issued to persons who have
attained their twenty-first birthday shall expire on the last day
of the month in which the applicant's birthday occurs in those
years in which the applicant's age is evenly divisible by five. Except as provided in paragraph (B) of this subdivision, no
identification card may be issued for less than three years nor
more than seven years and such identification card shall be renewed
in the month in which the applicant's birthday occurs and shall be
valid for a period of five years expiring in the month in which the
applicant's birthday occurs and in a year in which the applicant's
age is evenly divisible by five.
(B) Every identification card issued to persons who have not
attained their twenty-first birthday shall expire on the last day
of the month in the year in which the applicant attains the age of
twenty-one years.
(3) The identification card shall be surrendered to the
division when the holder is issued a driver's license. The
division may issue an identification card to an applicant whose
privilege to operate a motor vehicle has been refused, canceled,
suspended or revoked under the provisions of this code.
(f) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars; and upon a second or
subsequent conviction, shall be fined not more than five hundred
dollars, or confined in the county or regional jail not more than
six months, or both.
§17B-2-9. License to be carried and exhibited on demand;
penalty.
(a) Every licensee shall have his or her driver's license in
such person's immediate possession at all times when operating a
motor vehicle and shall display the same, upon demand of a
magistrate, municipal judge, circuit court judge, peace officer, or
an employee of the division.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars: Provided, That However,
no person charged with violating this section shall be convicted if
such person produces in court or at the office of the arresting
officer a driver's license theretofore issued to such person and
valid at the time of such person's arrest.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-4. Obedience to traffic-control devices; official signs
to be in proper position, etc; penalty.
(a) The driver of any vehicle and the motorman operator of any
streetcar shall obey the instructions of any official traffic-
control device applicable thereto placed in accordance with the
provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of
an authorized emergency vehicle in this chapter.
(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, 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.
(b) (c) No provision of this chapter for which signs are
required shall be enforced against an alleged violator if at the
time and place of the alleged violation an official sign is not in
proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a particular section does not
state that signs are required, such section shall be effective even
though no signs are erected or in place.
§17C-3-4a. Obedience to traffic-control instructions at site of
street or highway construction or maintenance; penalty.
(a) The driver of any vehicle shall obey the traffic-control
instructions of any law-enforcement officer or persons authorized
by the commissioner of highways or by proper local authorities to
operate traffic-control devices, act as flagmen or operate
authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of
regulating, warning or guiding traffic, subject to the exceptions
granted the driver of an authorized emergency vehicle in this
chapter.
(b) Any person failing to comply with the requirements 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, 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
.
§17C-3-4b. Traffic violations in construction zones; posting
requirement; criminal penalty.
(a) At each and every location where street or highway
construction work is to be conducted a sign shall be posted at
least one thousand feet from the construction site, or as close to
one thousand feet from the construction site as is practicable
given the location of the site when workers are present, notifying
all motorists as to the speed limit and displaying the words
"construction work".
(b) Any person who violates exceeds any posted speed
restriction or traffic restriction at such a construction site
referred to in subsection (a) of this section by less than fifteen miles per hour is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than two hundred dollars or
incarcerated in a county or regional jail not more than twenty
days, or both.
(c) Any person who exceeds any posted speed restriction or
traffic restriction at a construction site referred to in
subsection (a) of this section by fifteen miles per hour or more is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars or confined in a county or
regional jail not more than twenty days, or both.
(c)(d) Nothing in this section shall be construed to preclude
prosecution of any operator of a motor vehicle who commits a
violation of any other provision of this code for such violation.
§17C-3-6. Pedestrian walk and wait signals; penalty.
(a) Whenever special pedestrian-control signals exhibiting the
words "Walk" or "Wait" are in place such signals shall indicate as
follows:
(a)(1) Walk. -- Pedestrians facing such signal may proceed
across the roadway in the direction of the signal and shall be
given the right-of-way by the drivers of all vehicles.
(b)(2) Wait. -- No pedestrian shall start to cross the roadway
in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall
proceed to a sidewalk or safety island while the wait signal is
showing.
(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, 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.
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-3a. Minimum speed regulations; penalty.
(a) No person shall drive a motor vehicle at such a slow speed
as to impede the normal and reasonable movement of traffic except
when reduced speed is necessary for safe operation or in compliance
with law.
(b) Whenever the commissioner or local authorities within
their respective jurisdiction determine on the basis of an
engineering and traffic investigation that slow speeds on any part
of the highway consistently impede the normal and reasonable
movement of traffic, the commissioner or such local authority may
determine and declare a minimum speed limit below which no person
shall drive a vehicle except when necessary for safe operation or in compliance with law.
(c) 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; upon a
second conviction within one year thereafter, shall be fined not
more than two hundred dollars; and upon a third or subsequent
conviction within two years thereafter, shall be fined not more
than five hundred dollars.
§17C-6-5. Special speed limitations; penalty.
(a) No person shall drive any vehicle equipped with other than
pneumatic tires at a speed greater than a maximum of ten miles per hour.
(b) No person shall drive a vehicle over any bridge or other
elevated structure constituting a part of a highway at a speed
which is greater than the maximum speed which can be maintained
with safety to such bridge or structure, when such structure is
signposted as provided in this section.
(c) The state road commission commissioner of highways upon
request from any local authority shall, or upon its own initiative
may, conduct an investigation of any bridge or other elevated
structure constituting a part of a highway, and if it shall
thereupon find that such structure cannot with safety to itself
withstand vehicles traveling at the speed otherwise permissible
under this chapter, the commission commissioner shall determine and
declare the maximum speed of vehicles which such structure can
withstand, and shall cause or permit suitable signs stating such
maximum speed to be erected and maintained at a distance of one
hundred feet before each end of such structure.
(d) Upon the trial of any person charged with a violation of
this section, proof of said determination of the maximum speed by
said commission commissioner and the existence of said signs shall
constitute conclusive evidence of the maximum speed which can be
maintained with safety to such bridge or structure.
(e) 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, 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.
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-1. Driving on right side of roadway; exceptions; penalty.
(a) Upon all roadways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in
the same direction under the rules governing such movement;
(2) When the right half of a roadway is closed to traffic
while under construction or repair;
(3) Upon a roadway divided into three marked lanes for traffic
under the rules applicable thereon; or
(4) Upon a roadway designated and signposted for one-way
traffic.
(b) Upon all roadways any vehicle proceeding at less than the
normal speed of traffic at the time and place and under the
conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the
right-hand curb or edge of the roadway, except when overtaking and
passing another vehicle proceeding in the same direction or when
preparing for a left turn at an intersection or into a private road
or driveway.
(c)
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, 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.
§17C-7-2. Passing vehicles proceeding in opposite directions;
penalty.
(a) Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, and upon roadways having width
for not more than one line of traffic in each direction each driver
shall give to the other at least one half of the main-traveled
portion of the roadway as nearly as possible
.
(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, 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.
§17C-7-3. Overtaking and passing vehicle proceeding in same
direction -- Passing on the left generally; penalty.
(a) The following rules shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject to
these limitations, exceptions, and special rules hereinafter
stated.
(a)(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall give an audible signal and
pass to the left thereof at a safe distance and shall not again
drive to the right side of the roadway until safely clear of the
overtaken vehicle.
(b)(2) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and
shall not increase the speed of his or her vehicle until completely
passed by the overtaking vehicle.
(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, 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.
§17C-7-5. Same -- Limitations on overtaking on the left; penalty.
(a) No vehicle shall be driven to the left side of the center
of the roadway in overtaking and passing another vehicle proceeding
in the same direction unless such left side is clearly visible and
is free of oncoming traffic for a sufficient distance ahead to
permit such overtaking and passing to be completely made without
interfering with the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In every event
the overtaking vehicle must return to the right-hand side of the
roadway before coming within one hundred feet of any vehicle
approaching from the opposite direction.
(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, 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.
§17C-7-6. Same -- Further limitations on driving to left of
center of roadway; penalty.
(a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
(1) When approaching the crest of a grade or upon a curve in
the highway where the driver's view is obstructed within such
distance as to create a hazard in the event another vehicle might
approach from the opposite direction;
(2) When approaching within one hundred feet of or traversing
any intersection or railroad grade crossing;
(3) When the view is obstructed upon approaching within one
hundred feet of any bridge, viaduct, or tunnel.
(b) The foregoing limitations shall not apply upon a one-way
roadway.
(c) 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, 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.
§17C-7-7. Same -- No-passing zones; penalty.
(a) The state road commission commissioner of highways is
hereby authorized to determine those portions of any highway where
overtaking and passing or driving to the left of the roadway would
be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when
such signs or markings are in place and clearly visible to an
ordinarily observant person every driver of a vehicle shall obey
the directions thereof.
(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, 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.
§17C-7-8. One-way roadways and rotary traffic islands; penalty.
(a) The state road commission commisioner of highways may
designate any highway or any separate roadway under its
jurisdiction for one-way traffic and shall erect appropriate signs
giving notice thereof.
(b) Upon a roadway designated and signposted for one-way
traffic a vehicle shall be driven only in the direction designated.
(c) A vehicle passing around a rotary traffic island shall be
driven only to the right of such island.
(d) 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, 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.
§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 in addition to
all others consistent herewith shall apply:
(a)(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from such lane
until the driver has first ascertained that such movement can be
made with safety.
(b)(2) Upon a roadway which is divided into three lanes a
vehicle shall 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 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 allocation.
(c)(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.
(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, 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.
§17C-7-11. Driving on divided highways; penalty.
(a) Whenever any highway has been divided into two roadways by
leaving an intervening space or by a physical barrier or clearly
indicated dividing section so constructed as to impede vehicular
traffic, every vehicle shall be driven only upon the right-hand
roadway and no vehicle shall be driven over, across, or within any
such dividing space, barrier, or section, except through an opening
in such physical barrier or dividing section or space or at a
crossover or intersection established by public authority.
(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, 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.
§17C-7-12. Controlled-access roadway -- Driving onto or from; penalty.
(a) No person shall drive a vehicle onto or from any
controlled-access roadway except at such entrances and exits as are
established by public authority.
(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, 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.
ARTICLE 8. TURNING AND STARTING AND SIGNALS ON STOPPING AND
TURNING.
§17C-8-2. Right turns; penalty.
(a) Both the approach for a right turn and a right turn shall
be made as close as practicable to the right-hand curb or edge of
the roadway.
(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, 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.
§17C-8-3. Left turns on two-way roadways; penalty.
(a) At any intersection where traffic is permitted to move in
both directions on each roadway entering the intersection, an
approach for a left turn shall be made in that portion of the right
half of the roadway nearest the center line thereof and by passing
to the right of such center line where it enters the intersection
and after entering the intersection the left turn shall be made so
as to leave the intersection to the right of the center line of the
roadway being entered. Whenever practicable the left turn shall be
made in that portion of the intersection to the left of the center
of the intersection.
(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, 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.
§17C-8-4. Left turns on other than two-way roadways; penalty.
(a) At any intersection where traffic is restricted to one
direction on one or more of the roadways, the driver of a vehicle
intending to turn left at any such intersection shall approach the
intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after
entering the intersection the left turn shall be made so as to
leave the intersection, as nearly as practicable, in the left- hand
lane lawfully available to traffic moving in such direction upon
the roadway being entered.
(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, 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.
§17C-8-6. Turning on curve or crest of grade prohibited; penalty.
(a) No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to, or near
the crest of a grade, where such vehicle cannot be seen by the
driver of any other vehicle approaching from either direction
within five hundred feet.
(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, 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.
§17C-8-8. Turning movements and required signals; penalty.
(a) No person shall turn a vehicle at an intersection unless
the vehicle is in proper position upon the roadway as required in
sections two, three, four or five of this article, or turn a
vehicle to enter a private road or driveway or otherwise turn a
vehicle from a direct course or move right or left upon a roadway
unless and until such movement can be made with reasonable safety.
No person shall so turn any vehicle without giving an appropriate
signal in the manner hereinafter provided in the event any other
traffic may be affected by such movement.
(b) A signal of intention to turn right or left when required
shall be given continuously during not less than the last one
hundred feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal in the manner
provided herein to the driver of any vehicle immediately to the
rear when there is opportunity to give such signal.
(d) 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, 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.
ARTICLE 9. RIGHT-OF-WAY.
§17C-9-6. Misdemeanor to violate provisions of article; penalty.
Any person violating the provisions of this article 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, 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.
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.
§17C-10-7. Penalty for pedestrians violating the provisions of
this article.
Any person violating the provisions of this article 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, 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.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-6. Stopping before emerging from alley or private
driveway; penalty.
(a) The driver of a vehicle within a business or residence
district emerging from any alley, driveway, or building shall stop
such vehicle immediately prior to driving onto a sidewalk or onto
the sidewalk area extending across any alleyway or private
driveway, and shall yield the right-of-way to any pedestrian as may
be necessary to avoid collision, and upon entering the roadway
shall yield the right-of-way to all vehicles approaching on said
roadway.
(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, 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.
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-1. Stopping, standing or parking outside of business or
residence districts; penalty.
(a) Upon any highway outside of a business or residence
district no person shall stop, park, or leave standing any vehicle,
whether attended or unattended, upon the paved or main-traveled
part of the highway when it is practicable to stop, park, or so
leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing
vehicle shall be left for the free passage of other vehicles and a
clear view of such stopped vehicles shall be available from a
distance of two hundred feet in each direction upon such highway.
(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, 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.
(b) (c) This section shall not apply to the driver of any
vehicle which is disabled while on the paved or main-traveled
portion of a highway in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving such disabled
vehicle in such position.
§17C-13-3. Stopping, standing or parking prohibited in specified
places; penalty.
(a) No person shall stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with law or the directions of a police officer or traffic-control
device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within fifteen feet of a fire hydrant;
(5) In a properly designated fire lane;
(6) On a crosswalk;
(7) Within twenty feet of a crosswalk at an intersection;
(8) Within thirty feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at the side of
a roadway;
(9) Between a safety zone and the adjacent curb or within
thirty feet of points on the curb immediately opposite the ends of
a safety zone, unless a different length is indicated by signs or
markings;
(10) Within fifty feet of the nearest rail of a railroad
crossing;
(11) Within twenty feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance to any
fire station within seventy-five feet of the entrance (when
properly signposted);
(12) Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would obstruct
traffic;
(13) On the roadway side of any vehicle stopped or parked at
the edge or curb of a street;
(14) On any bridge or other elevated structure on a highway or
within a highway tunnel;
(15) At any place where official signs prohibit stopping;
(16) Within twenty feet of any mail receptacle served
regularly by a carrier using a motor vehicle for daily deliveries,
if the parking interferes with or causes delay in the carrier's
schedule;
(17) On any controlled-access highway;
(18) At any place on any highway where the safety and
convenience of the traveling public is thereby endangered;
(19) In front of a wheelchair accessible ramp or curb cut
which is part of a sidewalk designed for use by the general public
when the ramp or curb cut is properly marked with yellow paint.
(b) No person shall move a vehicle not lawfully under his or
her control into any prohibited area or away from a curb such
distance as is unlawful.
(c)
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, 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.
§17C-13-4. Right and left parallel parking; angle parking; highway
signs restricting parking, etc; penalty.
(a) Except as otherwise provided in this section, every
vehicle stopped or parked upon a roadway where there are adjacent
curbs shall be so stopped or parked with the right-hand wheels of
such vehicle parallel to and within eighteen inches of the right- hand curb. Any person violating the provisions of this subsection
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, 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.
(b) Local authorities may by ordinance permit parking of
vehicles with the left-hand wheels adjacent to and within eighteen
inches of the left-hand curb of a one-way roadway.
(c) Local authorities may by ordinance permit angle parking on
any roadway, except that angle parking shall not be permitted on
any federal-aid or state highway unless the state road commission
division of highways has determined by resolution or order entered
in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of
traffic.
(d) The state road commission division of highways with
respect to highways under its jurisdiction may place signs
prohibiting or restricting the stopping, standing, or parking of
vehicles on any highway where in its opinion, as evidenced by
resolution or order entered in its minutes, such stopping,
standing, or parking is dangerous to those using the highway or
where the stopping, standing, or parking of vehicles would unduly
interfere with the free movement of traffic thereon. Such signs
shall be official signs and no person shall stop, stand, or park
any vehicle in violation of the restrictions stated on such signs.
Any person violating the provisions of this subsection 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, 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.
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-1. Unattended motor vehicle; penalty.
(a) No person driving or in charge of a motor vehicle shall
permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the
brake thereon and, when standing upon any grade, turning the front
wheels to the curb or side of the highway.
(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, 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.
§17C-14-2. Limitations on backing; penalty.
(a) The driver of a vehicle shall not back the same unless
such movement can be made with reasonable safety and without
interfering with other traffic.
(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, 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.
§17C-14-4. Obstruction to driver's view or driving mechanism;
penalty.
(a) No person shall drive a vehicle when it is so loaded as to obstruct the view of the driver to the front or sides of the
vehicle or as to interfere with the driver's control over the
driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall ride in such
position as to interfere with the driver's or motorman's operator's
view ahead or to the sides, or to interfere with his or her control
over the driving mechanism of the vehicle or streetcar.
(c) 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, 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.
§17C-14-5. Passengers in seat with operator; penalty.
(a) No more than three persons including the operator shall
ride or be permitted by such operator to ride in the seat with the
operator of any motor vehicle while said motor vehicle is being
operated on the streets or highways of this state: Provided,
however, That the limitation of this section shall not apply to a
truck cab or truck crew compartment properly designed for the
occupancy of four persons including the operator, and so designated
on the registration card by the department division of motor vehicles.
(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, 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.
§17C-14-6. Passengers on running board; penalty.
(a) No passenger shall ride nor shall the operator permit any
passenger to ride on the running boards of any motor vehicle while
such vehicle is being operated on the streets or highways of this
state.
(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, 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.
§17C-14-7. Driving on mountain highways; penalty.
(a) The driver of a motor vehicle traveling through defiles or
canyons or on mountain highways shall hold such motor vehicle under
control and as near the right-hand edge of the highway as reasonably possible and, upon approaching any curve where the view
is obstructed within a distance of two hundred feet along the
highway, shall give audible warning with the horn of such motor
vehicle.
(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, 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.
§17C-14-8. Coasting prohibited; penalty.
(a) The driver of any motor vehicle when traveling upon a down
grade shall not coast with the gears of such vehicle in neutral.
(b) The driver of a commercial motor vehicle when traveling
upon a down grade shall not coast with the clutch disengaged.
(c) 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, 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.
§17C-14-9. Following authorized emergency vehicles; penalty.
(a) The driver of any vehicle other than one on official
business may not follow any authorized emergency vehicle traveling
in response to a fire alarm or other emergency closer than five
hundred feet or drive into or park such vehicle within the block
where such authorized emergency vehicle has stopped in answer to a
fire alarm or other emergency.
(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, 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.
§17C-14-10. Crossing fire hose; penalty.
(a) No streetcar or vehicle shall be driven over any
unprotected hose of a fire department when laid down on any street,
private driveway, or streetcar track, to be used at any fire or
alarm of fire, without the consent of the fire department official
in command.
(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, 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.
§17C-14-13. Vehicles parked on private property; penalty.
(a) It shall be unlawful for any driver of a vehicle to stop,
park or leave standing unattended any vehicle on a private road or
driveway or on private property without having express or implied
permission from the owner, tenant or lessee of such land.
(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, 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.
(c) The owner, tenant or lessee of such private road or
driveway or private property may move, or have moved, any vehicle
stopped, parked or left standing unattended on his or her private
road, driveway, or private property as above prohibited without any
liability for the cost of moving any vehicle, nor shall he or she
be liable to the owner of the vehicle for any damage done to such
vehicle in moving it, unless the owner, tenant or lessee of such
private road or driveway or private property was negligent in
removing or authorizing the removal of the vehicle. The owner of such vehicle shall be responsible to the persons removing such
vehicle for paying all removal costs. Any person who removes any
vehicle under the provisions of this section shall notify the
department of public safety West Virginia state police of such
action, and, if such vehicle is removed within a municipality,
shall, in addition notify the police department of such
municipality.
ARTICLE 15. EQUIPMENT.
§17C-15-6. Penalty for violations of the provisions of this
article.
(a) Unless otherwise provided for in this article and, except
as otherwise provided in subsection (b) of this section, any person
violating the provisions of this article 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, 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.
(b) Any person violating the provisions of sections thirty-one
or thirty-two of this article is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one hundred
dollars, or confined in the county or regional jail for not more than ten days, or both; upon a second conviction within one year
thereafter, shall be fined not more than two hundred dollars, or
confined in the county or regional jail for not more than twenty
days, or both; and upon a third or subsequent conviction, shall be
fined not more than five hundred dollars, or confined in the county
or regional jail not more than six months, or both.
§17C-15-36a. Sun screening devices; penalty.
(a) No person may operate a motor vehicle that is registered
or required to be registered in the state on any public highway,
road or street that has a sun screening device on the windshield,
the front side wings and side windows adjacent to the right and
left of the driver and windows adjacent to the rear of the driver
that do not meet the requirements of this section.
(b) A sun screening device when used in conjunction with the
windshield must be nonreflective and may not be red, yellow or
amber in color. A sun screening device may be used only along the
top of the windshield and may not extend downward beyond the ASI
line or more than five inches from the top of the windshield
whichever is closer to the top of the windshield.
(c) A sun screening device when used in conjunction with the
automotive safety glazing materials of the side wings or side
windows located at the immediate right and left of the driver shall be a nonreflective type with reflectivity of not more than twenty
percent and have a light transmission of not less than thirty-five
percent. The side windows behind the driver and the rear most
windows may have a sun screening device that is designed to be used
on automotive safety glazing materials that has a light
transmission of not less than thirty-five percent and a
reflectivity of not more than twenty percent. If a sun screening
device is used on glazing behind the driver, one right and one left
outside rear view mirror is required.
(d) Each manufacturer shall:
(1) Certify to the division of public safety West Virginia
state police and division of motor vehicles that a sun screening
device used by it is in compliance with the reflectivity and
transmittance requirements of this section;
(2) Provide a label not to exceed one and one-half square
inches in size, with a means for the permanent and legible
installations between the sun screening material and each glazing
surface to which it is applied that contains the manufacturer's
name and its percentage of light transmission; and
(3) Include instructions with the product or material for
proper installation, including the affixing of the label specified
in this section. The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle
from the outside.
(e) No person may:
(1) Offer for sale or for use any sun screening product or
material for motor vehicle use not in compliance with this section;
or
(2) Install any sun screening product or material on vehicles
intended for use on public roads without permanently affixing the
label specified in this section.
(f) The provisions of this section do not apply to a motor
vehicle registered in this state in the name of a person, or the
person's legal guardian, who has an affidavit signed by a physician
or an optometrist licensed to practice in this state that states
that the person has a physical condition that makes it necessary to
equip the motor vehicle with sun screening material which would be
of a light transmittance or luminous reflectance in violation of
this section. The affidavit must be in the possession of the
person so afflicted, or the person's legal guardian, at all times
while being transported in the motor vehicle.
(g) The light transmittance requirement of this section does
not apply to windows behind the driver on trucks, buses, trailers,
mobile homes and multipurpose passenger vehicles.
(h) As used in this section:
(1) "Bus" means a motor vehicle with motive power, except a
trailer, designed for carrying more than ten persons.
(2) "Light transmission" means the ratio of the amount of
total light to pass through a product or material to the amount of
the total light falling on the product or material.
(3) "Luminous reflectants" means the ratio of the amount of
total light that is reflected outward by the product or material to
the amount of the total light falling on the product or materials.
(4) "Manufacturer" means any person engaged in the
manufacturing or assembling of sun screening products or materials
designed to be used in conjunction with vehicle glazing materials
for the purpose of reducing the effects of the sun.
(5) "Motor homes" means vehicular units designed to provide
temporary living quarters built into and an integral part of or
permanently attached to a self-propelled motor vehicle chassis.
(6) "Multipurpose passenger vehicle" means a motor vehicle
with motive power, except a trailer, designed to carry ten persons
or less which is constructed either on a truck chassis or with
special features for occasional off-road operation.
(7) "Nonreflective" means a product or material designed to
absorb light rather than to reflect it.
(8) "Passenger car" means a motor vehicle with motive power,
except a multipurpose passenger vehicle, motorcycle or trailer,
designed for carrying ten persons or less.
(9) "Sun screening device" means film material or device that
is designed to be used in conjunction with motor vehicle safety
glazing materials for reducing the effects of the sun.
(10) "Truck" means a motor vehicle with motive power, except
a trailer, designed primarily for the transportation of property or
special purpose equipment.
(i) Any person violating the provisions of this section is
guilty of a misdemeanor, and, upon conviction thereof, may shall be
fined not more than two hundred dollars or be imprisoned for not
more than thirty days.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this state
shall supply a certificate to the insured or to any person subject
to the registration provisions of article three, chapter seventeen- a of this code, certifying that there is in effect a motor vehicle
liability policy upon such motor vehicle in accordance with the
provisions of article three, chapter seventeen-a of this code. The certificate shall give its effective date and the effective date of
the policy and, unless the policy is issued to a person who is not
the owner of a motor vehicle, must designate by explicit
description, in such detail as the commissioner of the department
division of motor vehicles shall by rule require, all motor
vehicles covered and all replacement vehicles of similar
classification: Provided,
That on and after the first day of July,
one thousand nine hundred eighty-four, insurance companies shall
supply a certificate of insurance in duplicate for each policy term
and for each vehicle included in a policy, except for those listed
in a fleet policy. Each such certificate of insurance shall list
the name of the policyholder and the name of the vehicle owner if
different from the policyholder.
The certificate must specify for each vehicle listed therein,
that there is a minimum liability insurance coverage not less than
the requirements of section two, article four, chapter seventeen-d
of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the
insured in the appropriate vehicle for use as proof of security,
and must be presented at the time of vehicle inspection as required
by article sixteen, chapter seventeen-c of this code. Any person violating the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred dollars nor more than five thousand dollars; and
upon a second or subsequent conviction, shall be fined not less
than two hundred dollars nor more than five thousand dollars, or
confined in the county or regional jail for not less than fifteen
days nor more than one year, or both: Provided,
That an insured
shall not be guilty of a violation of this subsection (b) if he or
she furnishes proof that such insurance was in effect within seven
days of being cited for not carrying such certificate or other
proof in such vehicle.
(c) As used in this section, proof of insurance means a
certificate of insurance, an insurance policy, a mechanically
reproduced copy of an insurance policy, a certificate of self- insurance, or a copy of the current registration issued to a motor
carrier by the public service commission: (1) through the single
state registration system established pursuant to section section
fourteen, article six-a, chapter twenty-four-a of this code; or (2)
pursuant to the provisions of section four, article six, chapter
twenty-four-a of this code.
§17D-2A-9. Criminal penalty.
In addition to any other administrative penalty provided for violation of any provision of this article, any person who violates
any provision of this article for which another penalty is not
provided in this article is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than two hundred
dollars nor more than five thousand dollars, or imprisoned confined
in the county or regional jail not less than fifteen days nor more
than one year, or both fined and imprisoned.
The arrest procedures authorized in section four, article
nineteen, chapter seventeen-c of this code shall apply to the
enforcement of the provisions of this article.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-31. Size and form of license and tag; contents; unlawful
to alter licenses or permits; penalty.
(a) The size, content and form of all licenses, tags, and
permits shall be prescribed by the director. The information which
a licensee is required to furnish shall be placed upon the license
by the license issuing authority before delivery of such license to
the licensee.
(b) It shall be unlawful for any person to alter, mutilate, or
deface any license, tag, or permit, or the entries thereon, for the
purpose of evading the provisions of this chapter.
Any person violating the provisions of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than twenty dollars nor more than three hundred
dollars; and upon a second and subsequent conviction thereof, shall
be fined not less than twenty dollars nor more than three hundred
dollars, or confined in the county or regional jail not less than
ten nor more than one hundred days, or both.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-26. Unlawful disposal of litter; civil and criminal penalty;
litter control fund; evidence; notice violations; litter
receptacle placement; penalty; duty to enforce violations.
(a) (1) Any person who places, deposits, dumps or throws or
causes to be placed, deposited, dumped or thrown any litter as
defined in section twenty-four of this article, in or upon any
public or private highway, road, street or alley, or upon any
private property without the consent of the owner, or in or upon
any public park or other public property other than in such place
as may be set aside for such purpose by the governing body having
charge thereof, is guilty of a misdemeanor, and, upon his or her
first conviction, shall be fined not less than fifty dollars nor
more than five hundred dollars: Provided,
That a person shall not
be held responsible for the actions of animals under their direct control. At the request of the defendant or in the discretion of
the court, the court may sentence the defendant to pick up and
remove from any public highway, road, street, alley or any other
public park or public property as designated by the court, any and
all litter, garbage, refuse, trash, cans, bottles, papers, ashes,
carcass of any dead animal or any part thereof, offal or any other
offensive or unsightly matter placed, deposited, dumped or thrown
contrary to the provisions of this section by anyone prior to the
date of such conviction. For the first offense, the alternative
sentence of litter pickup shall be not less than eight hours nor
more than sixteen hours in lieu of other such a fine. For purposes
of this subdivision, the term "court" includes circuit, magistrate
and municipal courts.
(2) Upon his or her second conviction, such person shall be
fined not less than two hundred fifty dollars nor more than one
thousand dollars and imprisoned in the county jail not less than
twenty-four hours nor more than six months: Provided,
That a
person shall not be held responsible for the actions of animals
under their direct control. At the request of the defendant or in
the discretion of the court, the court may sentence the defendant
to pick up and remove from any public highway, road, street, alley
or any other public park or public property as designated by the court, any and all litter, garbage, refuse, trash, cans, bottles,
papers, ashes, carcass of any dead animal or any part thereof,
offal or any other offensive or unsightly matter placed, deposited,
dumped or thrown contrary to the provisions of this section by
anyone prior to the date of such conviction. For the second
offense, the alternative sentence of litter pickup shall be not
less than sixteen hours nor more than thirty-two hours in lieu of
such a fine or incarceration, but not both. For purposes of this
subdivision, the term "court" shall include circuit and magistrate
courts.
(3) Upon such person's third and successive conviction, he or
she shall be fined not less than five hundred dollars nor more than
two thousand dollars and imprisoned confined in the county or
regional jail not less than forty-eight hours nor more than one
year: Provided,
That a person shall not be held responsible for
the actions of animals under their direct control. At the request
of the defendant or in the discretion of the court, the court may
sentence the defendant to pick up and remove from any public
highway, road, street, alley or any other public park or public
property as designated by the court, any and all litter, garbage,
refuse, trash, cans, bottles, papers, ashes, carcass of any dead
animal or any part thereof, offal or any other offensive or unsightly matter placed, deposited, dumped or thrown contrary to
the provisions of this section by anyone prior to the date of such
conviction. Upon a third conviction, the alternative sentence of
litter pickup shall be not less than thirty-two hours nor more than
sixty-four hours in lieu of such fine or incarceration, but not
both. For purposes of this subdivision, the term "court" includes
circuit and magistrate courts.
(4) The alternative sentence of litter pickup herein set forth
shall be verified by the conservation officers from the division of
natural resources or environmental inspectors from the division of
environmental protection or a regional engineering technician from
the division of environmental protection pollution prevention and
open dumps program (PPOD) of the county in which the offense
occurred. Any defendant receiving the herein specified alternative
sentence of litter pickup shall provide within a time to be set by
the court written acknowledgment from said conservation officers or
environmental officers that the sentence has been completed.
(5) Any person who has been found by the court to have
willfully failed to comply with the terms of an alternative
sentence imposed by the court pursuant to this section is subject
at the discretion of the court to up to twice the original penalty
provisions available to the court at the time of conviction.
(6) If any litter is thrown or cast from a motor vehicle or
boat, such action is prima facie evidence that the driver of such
motor vehicle or boat intended to violate the provisions of this
section. If any litter is dumped or discharged from a motor
vehicle or boat, such action is prima facie evidence that the owner
and driver of such motor vehicle or boat intended to violate the
provisions of this section.
(b) Any litter found on any public or private property with
any indication of ownership on it will be evidence creating a
rebuttable inference it was deposited improperly by the person
whose identity is indicated, and any person who improperly disposes
of litter is subject to either a civil fine of up to five hundred
dollars for such litter or required to pay the costs of removal of
such litter if the removal of such litter is required to be done by
the division, at the discretion of the director. All such fines
and costs shall be deposited to the litter control fund: Provided,
That no inference shall be drawn solely from the presence of any
logo, trademark, trade name or other similar mass reproduced
identifying character appearing on litter found.
(c) Every person who is convicted of or pleads guilty to
disposing of litter in violation of subsection (a) of this section
shall pay the sum of not less than fifty dollars nor more than five hundred dollars as costs for clean-up, investigation and
prosecution in such case, in addition to any other court costs that
the court is otherwise required by law to impose upon such
convicted person.
The clerk of the circuit court, magistrate court or municipal
court wherein such additional costs are imposed shall, on or before
the last day of each month, transmit all such costs received under
this subsection to the state treasurer for deposit in the state
treasury to the credit of a special revenue fund to be known as the
litter control fund which is hereby continued. Expenditures for
purposes set forth in this section are not authorized from
collections but are to be made only in accordance with
appropriation and in accordance with the provisions of article
three, chapter twelve of this code and upon fulfillment of the
provisions set forth in article two, chapter five-a of this code:
Provided,
That for the fiscal year ending the thirtieth day of
June, one thousand nine hundred ninety-three, expenditures shall be
authorized from collections. Amounts collected which are found
from time to time to exceed the funds needed for the purposes set
forth in this article may be transferred to other accounts or funds
and redesignated for other purposes by appropriation of the
Legislature.
(d) (1) The commissioner of the division of motor vehicles,
upon registering a motor vehicle or issuing an operator's or
chauffeur's license, shall issue to the owner or licensee, as the
case may be, a copy of subsection (a) of this section.
(2) The commissioner of the division of highways shall cause
appropriate signs to be placed at the state boundary on each
primary and secondary road, and at other locations throughout the
state, informing those entering the state of the maximum penalty
provided for disposing of litter in violation of subsection (a) of
this section.
(e) Any state agency or political subdivision that owns,
operates or otherwise controls any public area as may be designated
by the director by rule promulgated pursuant to subdivision (8),
subsection (a), section twenty-five of this article, shall procure
and place litter receptacles at its own expense upon its premises
and shall remove and dispose of litter collected in such litter
receptacles. After receiving two written warnings from any
law-enforcement officer or officers to comply with this subsection
or the said rules of the director, any person who fails to place
and maintain such litter receptacles upon his or her premises in
violation of this subsection or the rules of the director shall be
fined fifteen dollars per day of such violation.
(f) No portion of this section shall be construed to restrict
a private owner in the use of the owner's own private property in
any manner otherwise authorized by law.
(g) Any law-enforcement officer who shall observe a person
violating the provisions of this section has a mandatory duty to
arrest or otherwise prosecute the violator to the limits provided
herein. The West Virginia division of highways shall investigate
and cause to be prosecuted violations of this section occurring
upon the highways of the state as the term "highways" is defined in
chapter seventeen of this code.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-9. Intoxication or drinking in public places; illegal
possession of alcoholic liquor; arrests by sheriffs or their
deputies for violation in their presence; penalty.
(a) A person shall not:
(1) Appear in a public place in an intoxicated condition;
(2) Drink alcoholic liquor in a public place;
(3) Drink alcoholic liquor in a motor vehicle on any highway,
street, alley or in a public garage;
(4) Tender a drink of alcoholic liquor to another person in a
public place;
(5) Possess alcoholic liquor in the amount in excess of ten
gallons, in containers not bearing stamps or seals of the
commission commissioner, without having first obtained written
authority from the said commission commissioner therefor; or
(6) Possess any alcoholic liquor which was manufactured or
acquired in violation of the provisions of this chapter.
(b) Any law-enforcement officer may arrest without a warrant
and take the following actions against a person who, in his or her
presence, violates subdivision (1) of subsection (a) of this
section: (1) If there is some nonintoxicated person who will
accept responsibility for the intoxicated person, the officer may
issue the intoxicated person a citation specifying a date for
appearance before a judicial officer and release him or her to the
custody of the individual accepting responsibility: Provided,
That
the issuance of a citation shall be used whenever feasible; (2) if
it does not impose an undue burden on the officer, he or she may,
after issuance of such a citation, transport the individual to the
individual's present residence or arrange for such transportation;
(3) if the individual is incapacitated or the alternatives provided
in subdivisions (1) and (2) of this subsection are not possible,
the officer shall transport or arrange for transportation to the
appropriate judicial officer as defined by section seventeen, article eleven, chapter twenty-seven of this code; or (4) if the
individual is incapacitated and, in the law-enforcement officer's
judgment, is in need of acute medical attention, that officer shall
arrange for transportation by ambulance or otherwise to a hospital
emergency room. The officer shall accompany the individual until
he or she is discharged from the emergency room or admitted to the
hospital. If the individual is released from the emergency room,
the officer may proceed a as described in subdivisions (1), (2) and
(3) of this subsection. If the individual is admitted to the
hospital, the officer shall issue a citation to the individual
specifying a date for appearance before a judicial officer.
(c) Upon presentment before the proper judicial officer, the
law-enforcement officer shall serve as the chief complaining
witness. The judicial officer must make a finding that there is
probative evidence that the individual may be guilty of the charge
of public intoxication. If such evidence is not presented, the
charge shall be dismissed and the individual released. If
sufficient evidence is presented, the judicial officer shall issue
a warrant and establish bail or issue a summons to the individual.
Once a warrant or summons has been issued, the following actions
may be taken: (1) If the individual is no longer incapacitated, he
or she may be released; (2) if the individual is still incapacitated but a nonintoxicated person is available to accept
responsibility for him or her, he or she may be released to the
responsible person; or (3) if the individual is still incapacitated
and no responsible person is available, the judicial officer shall
proceed under the provisions of article five or six-a, chapter
twenty-seven of this code.
(d) Any law-enforcement officer is hereby authorized and
empowered to arrest and hold in custody, without a warrant, until
complaint may be made before a judicial officer and a warrant or
summons issued, any person who in the presence of the law- enforcement officer violates any one or more of subdivisions (1)
through (6), subsection (a) of this section: Provided,
That the
law-enforcement officer may use reasonable force to prevent harm to
himself or herself, the individual arrested or others in carrying
out the provisions of this section.
(e) Any person who violates subdivision (1), subsection (a) of
this section shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be sentenced by a judicial officer in accordance
with the following options: (1) Upon first offense, a fine of not
less than five dollars nor more than one hundred dollars and not
more than sixty days in jail or completion of an alcohol education
program of not more than six hours' duration at the nearest community mental health mental -- retardation center. If the
individual, prior to conviction, agrees to voluntarily attend the
an alcohol education program of not more than six hours' duration
at the nearest community mental health -- mental retardation
center, the judicial officer may delay sentencing until the program
is completed and upon completion may dismiss the charges; (2) upon
conviction for a second offense, a fine of not less than five
dollars nor more than one hundred dollars and not more than sixty
days in the county or regional jail or completion of not less than
five hours of alcoholism counseling at the nearest community mental
health -- mental retardation center; (3) upon third and subsequent
convictions, a fine of not less than five dollars nor more than one
hundred dollars and not less than five nor more than sixty days in
county or regional jail or a fine of not less than five dollars nor
more than one hundred dollars and completion of not less than five
hours of alcoholism counseling at the nearest community mental
health -- mental retardation center: Provided,
That three
convictions for public intoxication within the preceding six months
shall be considered evidence of alcoholism: Provided, however,
That for the educational counseling programs described in this
subsection the community mental health -- mental retardation center may charge each participant its usual and customary fee and shall
certify in writing to the referring judicial officer the completion
or failure to complete the prescribed program for each individual.
(f) A person charged with a violation of subdivision (1),
subsection (a) of this section who is an alcoholic shall be found
not guilty by reason of addiction and proper disposition made
pursuant to articles five and six-a, chapter twenty-seven of this
code.
(g) Any person who violates subdivision (2) or (3),
subsection (a) of this section shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than five
nor more than one hundred dollars; and upon a second or subsequent
conviction thereof, shall be fined not less than five nor more than
one hundred dollars, or confined in the county or regional jail not
more than sixty days, or both such fine and imprisonment.
(h) Any person who violates subdivision (3), subsection (a) of
this section shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than five nor more than one
hundred dollars, or confined in the county or regional jail not
more than sixty days, or both.
(i) Any person who violates subdivision (4) or (5), subsection
(a) of this section shall be guilty of a misdemeanor, and, upon his or her first conviction, shall be fined not less than one hundred
dollars nor more than five hundred dollars, or confined in jail not
less than sixty days nor more than twelve months, or both such fine
and imprisonment,; and, upon conviction of second or subsequent
offense, he or she shall be guilty of a felony and shall be
confined in the penitentiary of this state for a period of not less
than one year nor more than three years.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39a. Making, issuing, etc., worthless checks; penalty.
(a) It shall be unlawful for any person, firm or corporation
to make, draw, issue, utter or deliver any check, draft or order
for the payment of money or its equivalent upon any bank or other
depository, knowing or having reason to know there is not
sufficient funds on deposit in or credit with such bank or other
depository with which to pay the same upon presentation. The
making, drawing, issuing, uttering or delivering of any such check,
draft or order, for or on behalf of any corporation, or its name,
by any officer or agent of such corporation, shall subject such
officer or agent to the penalty of this section to the same extent
as though such check, draft or order was his or her own personal
act.
(b) This section shall not apply to any such check, draft or
order when the payee or holder knows or has been expressly notified
prior to the acceptance of same or has reason to believe that the
drawer did not have on deposit or to his or her credit with the
drawee sufficient funds to insure payment as aforesaid, nor shall
this section apply to any postdated check, draft or order. This
section shall not apply when such insufficiency of funds or credit
is caused by any adjustment to the drawer's account by the bank or
other depository without notice to the drawer or is caused by the
dishonoring of any check, draft or order deposited in the account
unless there is knowledge or reason to believe that such check,
draft or order would be so dishonored.
(c) Any person who shall violate the provisions of this
section shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not more than one hundred dollars; and upon
a third or subsequent conviction thereof, shall be fined not more
than one hundred dollars, or imprisoned confined in the county or
regional jail not more than ten days, or both fined and imprisoned.
NOTE: The purpose of this bill is to remove the jail penalty
for certain misdemeanor offenses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.
§§17C-9-6, 17C-10-7 and 17C-15-6 are new; therefore, strike- throughs and underscoring have been omitted.
This bill was recommended by the Joint Standing Committee on
the Judiciary for introduction and passage during the 1999
legislative session.