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Introduced Version House Bill 4407 History

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Key: Green = existing Code. Red = new code to be enacted
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H. B. 4407

 

         (By Delegates Manchin, Skinner, Sponaugle,

         Ireland, Fleischauer, Ferro, Longstreth,

         Marcum, Moore, Caputo and Hamilton)

 

         [Introduced February 4, 2014; referred to the

Committee on Roads and Transportation then the Judiciary.]

A BILL to amend and reenact §17C-7-1 of the Code of West Virginia, 1931, as amended, relating to operating a motor vehicle in the left lane of a controlled-access highway; and misdemeanor penalty.

Be it enacted by the Legislature of West Virginia:

    That §17C-7-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

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) Upon a controlled-access highway, a person may not operate a vehicle in the left lane, except:

    (1) When overtaking and passing another vehicle;

    (2) When no other vehicle is directly behind the vehicle in the left lane;

    (3) When traffic conditions and congestion make it impractical to drive in the right lane;

    (4) When snow and other inclement weather conditions make it necessary to drive in the left lane;

    (5) When obstructions or hazards exist in the right lane;

    (6) When a vehicle changes lanes to comply with a law of this state;

    (7) When, because of highway design, a vehicle must be driven in the left lane when preparing to exit;

    (8) On toll highways when necessary to pay a toll or use a pass;

    (9) When driving in the left lane is required to comply with an official traffic control device;

    (10) To law-enforcement vehicles, ambulances, and other emergency vehicles engaged in official duties; or

    (11) To vehicles engaged in highway maintenance and construction operations.

    (c) (d) Any person violating the provisions 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.

 

 

    NOTE: The purpose of this bill is to establish specifically when it is permissible to operate a motor vehicle in the left lane on a controlled-access highway.



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

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