H. B. 2060
(By Delegates Whitman, Hunt and Faircloth)
[Originating in the House Committee on the Judiciary]
[January 17, 1995]
A BILL to amend and reenact sections one and three-a, article
six, chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to establishing speed limitations generally; defining the
misdemeanor offense of driving in excess of the
established speed limits, and providing penalties
therefor; establishing minimum speed regulations; and
defining the misdemeanor offense of driving a motor
vehicle at such a slow speed as to impede traffic, and
providing penalties therefor.
Be it enacted by the Legislature of West Virginia:
That sections one and three-a, article six, chapter seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all
to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally.
(a) No person shall drive a vehicle on a highway at a
speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential
hazards, then existing. In every event speed shall be so
controlled as may be necessary to avoid colliding with any
person, vehicle, or other conveyance on or entering the
highways in compliance with legal requirements and the duty of
all persons to use due care.
(b) Where no special hazard exists that requires lower
speed for compliance with subsection (a) of this section the
speed of any vehicle not in excess of the limits specified in
this section or established as hereinafter authorized shall be
lawful, but any speed in excess of the limits specified in this
section or established as hereinafter authorized shall be
unlawful.
(1) Fifteen miles per hour when passing a school building or school grounds abutting on a road, street or highway during
school recess or while children are going to or leaving school
during opening or closing hours. Such speed restriction shall
not apply to vehicles traveling on a controlled-access highway
which is separated from the school or school grounds by a fence
or barrier approved by the state road commissioner;
(2) Twenty-five miles per hour in any business or
residence district;
(3) Fifty-five miles per hour on open country highways,
except as otherwise provided by this chapter.
The speeds set forth in this section may be altered as
authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent with the
requirements of subsection (a), drive at an appropriate reduced
speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when traveling upon any narrow or
winding roadway, and when special hazard exists with respect to
pedestrians or other traffic or by reason of weather or highway
conditions.
(d) The speed limit on controlled-access highways and interstate highways, where no special hazard exists that
requires a lower speed, shall in no event be lower than fifty-
five miles per hour and the speed limits specified in
subsection (b) hereof shall not apply.
(e) Any person who violates the provisions of this
section is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not more than one hundred dollars:
Provided, That any person who violates the provisions of this
section after having been previously convicted under the
provisions of this section for a prior offense which occurred
within the preceding one year period, is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
more than two hundred dollars: Provided, however, That any
person who violates the provisions of this section after having
been previously convicted under the provisions of this section
for two or more prior offenses which occurred within the
preceding two year period, is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not more than five
hundred dollars or confined in jail for not more than six
months, or both.
§17C-6-3a. Minimum speed regulations.
(a) No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of
traffic except when reduced speed is necessary for safe
operation or in compliance with law.
(b) Whenever the commissioner or local authorities within
their respective jurisdiction determine on the basis of an
engineering and traffic investigation that slow speeds on any
part of the highway consistently impede the normal and
reasonable movement of traffic, the commissioner or such local
authority may determine and declare a minimum speed limit below
which no person shall drive a vehicle except when necessary for
safe operation or in compliance with law.
(c) Any person who violates the provisions of this
section is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not more than one hundred dollars:
Provided, That any person who violates the provisions of this
section after having been previously convicted under the
provisions of this section for a prior offense which occurred
within the preceding one year period, is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
more than two hundred dollars: Provided, however, That any person who violates the provisions of this section after having
been previously convicted under the provisions of this section
for two or more prior offenses which occurred within the
preceding two year period, is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not more than five
hundred dollars or confined in jail for not more than six
months, or both.
NOTE: The purpose of this bill is to eliminate jail
sentences for first and second offenses of violating speed
limitations or minimum speed regulations.