Senate Bill No. 9
(By Senator Craigo)
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[Introduced January 11, 1995; referred to the Committee
on Transportation.]
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A BILL to amend and reenact section twenty-six, article fifteen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
motor vehicle equipment; and providing that newspaper
delivery vehicles on rural routes have flashing warning
lights on the roof of the vehicle.
Be it enacted by the Legislature of West Virginia:
That section twenty-six, article fifteen, 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 15. EQUIPMENT.
§17C-15-26. Special restrictions on lamps.
(a) Any lighted lamp or illuminating device upon a motor
vehicle other than head lamps, spot lamps, auxiliary lamps or
flashing front-direction signals which projects a beam of light
of an intensity greater than three hundred candlepower shall be
so directed that no part of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than
seventy-five feet from the vehicle.
(b) No person shall drive or move any vehicle or equipment
upon any highway with any lamp or device thereon displaying other
than a white or amber light visible from directly in front of the
center thereof except as authorized by subsection (d) of this
section.
(c) Except as authorized in section nineteen, flashing
lights are prohibited on motor vehicles, except on an authorized
emergency vehicle, school bus, snow removal equipment or on any
vehicle as a means for indicating right or left turn, or on any
vehicle as a means of indicating the same is disabled or
otherwise stopped for an emergency.
(d) Notwithstanding any other provisions of this chapter,
the following colors of flashing warning lights are restricted for the use of the type of vehicle designated:
(1) Blue flashing warning lights are restricted to police
vehicles. Authorization for police vehicles shall be designated
by the chief administrative official of each police department.
(2) Except for standard vehicle equipment authorized by
section nineteen of this article, red flashing warning lights are
restricted to ambulances, firefighting vehicles, school buses,
Class A vehicles, as defined by section one, article ten, chapter
seventeen-a of this code, of those firefighters who are
authorized by their fire chiefs to have such lights and to Class
A vehicles of members of ambulance services or duly chartered
rescue squads who are authorized by their respective chiefs to
have such lights: Provided, That red flashing warning lights
attached to such Class A vehicles may be operated only when
responding to or engaged in handling an emergency requiring the
attention of such firefighters or members of such ambulance
services or chartered rescue squads.
Authorization for all ambulances shall be designated by the
department of health and human resources and the sheriff of the
county of residence.
Authorization for all fire department vehicles shall be designated by the fire chief and the state fire marshal's office.
Authorization for all rescue squad vehicles not operating
out of a fire department shall be designated by the squad chief,
the sheriff of the county of residence and the department of
health and human resources.
Authorization for school buses shall be designated as set
out in section twelve, article fourteen, chapter seventeen-c.
Authorization for firefighters to operate Class A vehicles
shall be designated by their fire chiefs and the state fire
marshal's office.
Authorization for members of ambulance services or any other
emergency medical service personnel to operate Class A vehicles
shall be designated by their chief official, the department of
health and human resources and the sheriff of the county of
residence.
Authorization for members of duly chartered rescue squads
not operating out of a fire department to operate Class A
vehicles shall be designated by their squad chiefs, the sheriff
of the county of residence and the department of health and human
resources.
(3) All other emergency vehicles, including tow trucks and wreckers, authorized by this chapter and by section twenty-seven
of this article and rural newspaper delivery vehicles shall be
restricted to amber or yellow flashing warning lights.
Authorization for tow trucks, wreckers, flag car services,
vehicles providing road service to disabled vehicles, service
vehicles of a public service corporation, and postal service and
rural newspaper delivery vehicles shall be designated by the
sheriff of the county of residence. Authorization for snow
removal equipment shall be designated by the commissioner of the
division of highways.
(e) Notwithstanding the foregoing provisions of this
section, any vehicle belonging to a county board of education may
be equipped with a white flashing strobotron warning light. This
strobe light may be installed on the roof of a school bus not to
exceed one-third the body length forward from the rear of the
roof edge. The light shall have a single clear lens emitting
light three hundred sixty degrees around its vertical axis and
may not extend above the roof more than six and one-half inches.
A manual switch and a pilot light must be included to indicate
the light is in operation.
It shall be unlawful for flashing warning lights of an unauthorized color to be installed or used on a vehicle other
than as specified in this section, except that a police vehicle
may be equipped with either or both blue or red warning lights.
NOTE: This bill provides for rural newspaper delivery
vehicles to use flashing lights.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.