WEST virginia legislature

2020 regular session

Introduced

Senate Bill 769

By Senator Cline

[Introduced February 13, 2020; referred
to the Committee on Transportation and Infrastructure]

A BILL to amend and reenact §17C-13-3 of the Code of West Virginia, 1931, as amended, relating to clarifying that a person is prohibited from stopping, standing, or parking in an area designated or marked off as an access aisle adjacent to a van-accessible parking space or regular accessible parking space; and making the penalty provisions in this section consistent with the penalties in other sections of code.

Be it enacted by the Legislature of West Virginia:

Article 13. Stopping, standing or parking prohibited in specified places; penalty.

§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 15 feet of a fire hydrant;

(5) In a properly designated fire lane;

(6) On a crosswalk;

(7) Within 20 feet of a crosswalk at an intersection;

(8) Within 30 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 30 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 50 feet of the nearest rail of a railroad crossing;

(11) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 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 20 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 blue paint; and

(20) In an area designated or marked off as an access aisle, as defined under the provisions of §17C-13-6 of this code, adjacent to a van-accessible parking space or regular accessible parking space.

(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 subdivisions (1) through (19) of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.

(d) Pursuant to §17C-13-6(m) of this code, any person, including a driver of a vehicle displaying a valid removable windshield placard or special registration plate for a person with a mobility impairment, who violates the provisions of subdivision (20) of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $200; upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined $300; and upon third and subsequent convictions thereof, in additional to any other penalty he or she may otherwise incur, shall be fined $500.

NOTE: The purpose of this bill is to clarify that a person is prohibited from stopping, standing or parking in an area designated or marked off as an access aisle adjacent to a van-accessible parking space or regular accessible parking space and to make the penalty provisions of §17C-13-3 consistent with the penalties set forth in §17C-13-6(m) of this code.

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