Introduced Version
House Bill 3132 History
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Committee Substitute
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3132
(By Delegates Fleischauer, Lawrence, klempa,
Marshall, Martin, Staggers, Michael, Hamilton,
Brown, Beach and Phillips)
[Introduced March 13, 2009; referred to the
Committee on Roads and Transportation then 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 pedestrians'
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 a pedestrian shall may not 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 does 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 may 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 hundred dollars $200; upon a second conviction within one
year thereafter, shall be fined not more than two hundred dollars
$400; and upon a third or subsequent conviction, shall be fined not
more than five hundred dollars $1,000.
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.