H. B. 2628
(By Delegate Buchanan)
[Introduced March 20, 1997; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section three, article thirteen,
chapter seventeen-c, of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
traffic regulations and prohibiting vehicles from stopping,
standing or parking along any highway right-of-way except in
emergencies.
Be it enacted by the Legislature of West Virginia:
That section three, article thirteen, 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 13. STOPPING, STANDING AND PARKING.
§17C-13-3. Stopping, standing or parking prohibited in specified
places.
(a) No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in
compliance with law or the directions of a police officer or
traffic-control device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within fifteen feet of a fire hydrant;
(5) In a properly designated fire lane;
(6) On a crosswalk;
(7) Within twenty feet of a crosswalk at an intersection;
(8) Within thirty feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at the side
of a roadway;
(9) Between a safety zone and the adjacent curb or within
thirty feet of points on the curb immediately opposite the ends
of a safety zone, unless a different length is indicated by signs
or markings;
(10) Within fifty feet of the nearest rail of a railroad
crossing;
(11) Within twenty feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance to any
fire station within seventy-five feet of the entrance (when
properly signposted);
(12) Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would obstruct
traffic;
(13) On the roadway side of any vehicle stopped or parked at
the edge or curb of a street;
(14) On any bridge or other elevated structure on a highway
or within a highway tunnel;
(15) At any place where official signs prohibit stopping;
(16) Within twenty feet of any mail receptacle served
regularly by a carrier using a motor vehicle for daily
deliveries, if the parking interferes with or causes delay in the
carrier's schedule;
(17) On any controlled-access highway;
(18) At any place on any highway or along any highway
right-of-way where the safety and convenience of the traveling
public is thereby endangered: Provided, That this prohibition
shall not apply to vehicles which have, through mechanical
problems or otherwise, encountered an emergency situation:
Provided, however, That no vehicle shall be left standing along
a highway right-of-way for more than twelve hours.
(b) No person shall move a vehicle not lawfully under his or
her control into any prohibited area or away from a curb such
distance as is unlawful.
NOTE: The purpose of this bill is to prohibit stopping,
standing or parking along highway right-of-ways. The bill
further provides for an emergency exception.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.