H. B. 3066
(By Delegates Fleischauer, Beach, Shook,
Marshall, Hrutkay, Stephens, Craig, Manchin,
Crosier, Boggs and Wysong)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17C-10-2 and §17C-10-7 of the Code of
West Virginia, 1931, as amended, all relating to pedestrian's
right-of-way in crosswalks; penalties for violations.
Be it enacted by the Legislature of West Virginia:
That §17C-10-2 and §17C-10-7 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.
§17C-10-2. Pedestrians' right-of-way in crosswalks.
(a) When traffic-control signals are not in place or not in
operation the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be to so yield, to a pedestrian
crossing the roadway within a any marked crosswalk or within any
unmarked crosswalk at an intersection, when the pedestrian is upon
the half of the roadway upon which the vehicle is traveling, or
when the pedestrian is approaching so closely from the opposite
half of the roadway as to be in danger but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into
the path of a vehicle which is so close that it is impossible for
the driver to yield. This provision shall not apply under the
conditions stated in section three, subsection (b) of this article.
(b) Whenever any vehicle is stopped at a marked crosswalk or
at any unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway, the driver of any other vehicle approaching
from the rear shall not overtake and pass such stopped vehicle.
§17C-10-7. Penalty for pedestrians
and vehicle operators
violating the provisions of this article.
Any A pedestrian or a person operating a vehicle who violating
violates the a provisions provision of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than one two hundred dollars; upon a second conviction within one
year thereafter, shall be fined not more than two four hundred
dollars; and upon a third or subsequent conviction, shall be fined
not more than five hundred one thousand dollars.
NOTE: The purpose of this bill is to require vehicles to
yield to pedestrians when a pedestrian is upon any half of the
roadway at intersection crosswalks, to clarify that this article's
penalties apply equally to persons operating vehicles as well as
pedestrians, and to toughen penalties for violations of provisions
of this article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.