H. B. 2720
(By Delegate Hubbard)
[Introduced February 10, 1999;
referred to the Committee on Roads and Transportation then
Finance.]
A BILL to amend article seven, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fourteen, relating to traffic regulations and laws of the
road; prohibiting certain motor vehicles from operating upon,
driving in or using the left lane of the right-hand roadway of
any divided highway, any highway having four or more lanes or
any controlled access highway where the road grade exceeds
three percent; creating a criminal offense; setting forth
criminal penalties; posting of signs and prescribing
penalties.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section
fourteen, to read as follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-14. Restrictions on use of left lane of four or more lane highway; penalties.
(a) No person may operate any truck tractor as defined in
section nine of article one of this chapter, road tractor as
defined in section eleven of article one of this chapter
, or
tandem axle vehicle as defined in section fifty-seven of article
one of this chapter
in the left lane or passing lane of any
highway which has been divided into two roadways by leaving an
intervening space or by a physical barrier or clearly indicated
dividing section so constructed as to impede vehicular traffic,
or in the left lane or passing lane of
any controlled-access
roadway or interstate highway of this state at any time or under
any circumstances where the grade of the highway, roadway or
interstate exceeds three percent grade, except when directed to
do so by a police officer or in an emergency.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars.
(c) Any person found guilty of violating the provisions
of this section
shall, in addition to the criminal penalty set forth above, is subject to the further administrative penalty of
having eight points assessed against his or her motor vehicle
operators license or commercial drivers license, as the case may
be.
(d) The commissioner of highways is directed to post signs
informing the driving public of the provisions of subsection (a)
of this section. These signs shall be posted on those highways,
interstates and roadways set forth in subsection (a) of this
section.
NOTE: The purpose of this bill is to prevent accidents and
traffic congestion by making it a crime to operate certain large
vehicles in the left lane, or passing lane, of four lane highways
where the grade of elevation exceeds 3%.
This section is new; therefore strike-throughs and
underlining have been omitted.