Senate Bill No. 202
(By Senators Wiedebusch and Macnaughtan)
[Introduced January 27, 1995; referred to the Committee
on the Judiciary.]
A BILL to amend and reenact section one, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the imposition
of criminal penalties for violation of posted speed limits
in school zones; and defining a school zone.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally; penalties for violation
of speed limits in school zones.
(a) No person
shall may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing
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 is lawful, but
any speed in excess of the limits specified below in this section
subsection or established as hereinafter authorized shall be is
(1) Fifteen miles per hour
when passing a school building or
school grounds abutting on a road, street or highway in a school
zone during school recess or while children are going to or
leaving school during opening or closing hours. A school zone is
all school property including a school building or school grounds
abutting on a road, street or highway. Such speed restriction shall does 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. Any
person who violates this subdivision is guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than one
hundred dollars nor more than five hundred dollars or
incarcerated in a county or regional jail for not less than ten
days nor more than six months or both fined and incarcerated.
Any person who exceeds the maximum speed limit by more than five
miles per hour shall be fined an additional amount of twenty-five
dollars per mile for each mile in excess of five miles over the
maximum speed limit in the school zone;
(2) Twenty-five miles per hour in any business or residence
(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) of this section, 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 no lower than fifty-five
miles per hour and the speed limits specified in subsection (b)
hereof shall do not apply.
NOTE: The purpose of this bill is to impose a greater
penalty for speeding in a school zone.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.