H. B. 2383


(By Delegates Michael, Warner, Osborne,

Bennett and Kallai)

[Introduced February 7, 1995; referred to the
Committee on Roads and Transportation.]



A BILL to amend article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-b, relating to designation of snow emergency routes.

Be it enacted by the Legislature of West Virginia:
That article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-b to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-3b. Snow emergency routes.

(a) "Snow tires" defined. -- In this section, "snow tires" means those tires that are in a good state of repair and that:
(1) Comply with motor vehicle inspection laws as set forth in sections one through nine, article sixteen, chapter seventeen-c; or
(2) Are normally designated by their manufacturer as snow tires; or
(3) Are approved by the commissioner of the department of motor vehicles as meeting the standards of effectiveness required of normally designated snow tires; or
(4) Have antiskid patterns cut into the treaded surfaces to form bars, buttons or blocks or equipped with studs specially designed to give effective traction on snow or ice-covered highways.
(b) Designation of snow emergency routes. -- The state department of transportation, division of highways may designate, as it considers appropriate, any state highway, as defined in section thirty-five, article one, chapter seventeen-c, as a "snow emergency route." When a highway is so designated, appropriate signs indicating this designation shall be placed along the highway.
(c) Declaration of snow emergency. -- The superintendent of state police or his or her representative after consultation with the commissioner of the division of highways or his or her designated representative or upon notification of a division of highways code yellow or code red as defined in the division of highways administrative rules may declare a snow emergency for all snow emergency routes as a whole or for any one or more snow emergency routes, as he or she considers necessary. The snow emergency shall continue in effect until the superintendent or his or her representative confers with the commissioner of the division of highways or his or her designated representative and declares it to be no longer necessary.
(d) Travel on snow emergency routes. -- A person may not drive or attempt to drive a motor vehicle on any highway that is designated and appropriately sign posted as a snow emergency route and for which a snow emergency has been declared and is in effect, unless the vehicle is equipped with chains or snow tires or all season radial tires on at least one wheel at each end of a driving axle.
(e) Parking on snow emergency routes. -- A person may not park a vehicle on any highway that is designated and appropriately sign posted as a snow emergency route and for which a snow emergency has been declared and is in effect unless:
(1) The vehicle is owned and operated or sub-contracted by the division of highways for the purpose of snow or debris removal, or treating of highways with abrasives or chemicals; or
(2) Is an emergency vehicle as defined in section seventeen-c, article one, chapter six, stopped in response to an emergency call or in the performance of their duties. The state police or the law enforcement agency of any political subdivision of this state or any employee of the division of highways duly authorized by the commissioner may have any vehicle towed from the highway at the owners expense. Any person in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not to exceed one hundred dollars.



NOTE: The purpose of this bill is to allow the State Department of Transportation, Division of Highways to designate snow emergency routes.

Section three-b, article four, chapter seventeen is new; therefore, strike-throughs and underscoring have been omitted.