H. B. 2494
(By Delegates Caputo and Longstreth)
[Introduced January 13, 2010; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17C-6-3 of the Code of West Virginia,
1931, as amended, relating to allowing local authorities the
authority to lower the speed limit on streets and highways
where school buses travel.
Be it enacted by the Legislature of West Virginia:
That §17C-6-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-3. When local authorities may alter speed limits.
(a)
At intersection. -- Whenever local authorities within
their respective jurisdictions determine upon
the basis of an
engineering and traffic investigation that the speed permitted
under this chapter at any intersection is greater than is
reasonable
or safe under the conditions found to exist at such
intersection, such local authority subject to subsection
(e) (f) of this section shall determine
and declare a reasonable
and safe
speed limit
thereat, which shall be effective at all times or
during hours of daylight or darkness or at such other times
as may
be determined when appropriate
speed limit signs
giving notice
thereof are erected at such intersection or upon the approaches
thereto.
(b)
Authority to increase twenty-five mile limit. -- Local
authorities in their respective jurisdictions may in their
discretion, but subject to subsection
(e) (f) of this section,
authorize by ordinance higher speeds than those stated in section
one of this article upon through highways or upon highways
or
portions thereof where there are no intersections or between widely
spaced intersections, which higher speed shall be effective at all
times or during hours of daylight or at such other times as may be
determined when
appropriate speed limit signs are erected
giving
notice of the authorized speed, but local authorities shall not
have authority to modify
or alter the basic rule set forth in
subsection (a), section one of this article, or
in any event to
authorize by ordinance a speed in excess of fifty-five miles per
hour.
(c)
Authority to decrease fifty-five mile limit. -- Whenever
local authorities within their respective jurisdictions determine
upon
the basis of an engineering and traffic investigation that the
speed under this chapter upon open country highway outside a business or residence district is greater than is reasonable
or
safe under the conditions found to exist
upon such street or
highway, the local authority may determine
and declare a reasonable
and safe limit
thereon but in no event less than thirty-five miles
per hour and subject to subsection
(e) (f) of this section, which
reduced limit shall be effective at all times or during hours of
darkness or at other times as may be determined when appropriate
speed limit signs giving notice
thereof are erected
upon such
street or highway.
(d)
Authority to decrease twenty-five mile limit. -- A
municipality may in its discretion, but subject to subsection
(e)
(f) of this section, authorize by ordinance lower speeds than those
stated in subdivision (2), subsection (b), section one of this
article upon local dedicated rights-of-way in a residential
district or portions thereof, which lower speed shall be effective
at all times or during hours of daylight or at such other times as
may be determined when
appropriate speed limit signs are erected
giving notice of the authorized speed.
(e) Authority to decrease speed limit on streets and highways
where school buses travel. -- Whenever local authorities within
their respective jurisdictions determine upon an engineering and
traffic investigation that the speed under this chapter upon
streets and highways where school buses travel is greater than is
reasonable under the conditions found to exist upon the street or highway, the local authority may determine a reasonable limit
subject to subsection (f) of this section. This reasonable limit
shall be effective at all times or during hours of darkness, during
hours of daylight or at other times as may be determined when
appropriate speed limit signs giving notice are erected.
(e) (f) Alteration of limits on state highways in
municipalities. -- Alteration of limits on state highways or
extensions thereof in a municipality by local authorities shall not
be effective until
such alteration has been approved by the
Commissioner of Highways.
NOTE: The purpose of this bill is to give local authorities
the authority to decrease the speed limit on streets and highways
where school buses travel.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.