H. B. 4583


(By Delegates Butcher and Dempsey)

[Introduced February 18, 2000; referred to the

Committee on Roads and Transportation then the Judiciary.]





A BILL to amend and reenact section one, article seven, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to driving on right side of roadway; requiring vehicles to use the most right-hand lane; exceptions.

Be it enacted by the Legislature of West Virginia:
That section one, article seven, 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 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.

§17C-7-1. Driving on right side of roadway; exceptions; penalty.

(a) Upon all roadways of sufficient width a vehicle every vehicle shall be driven upon the right half of the roadway, in the most right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) When the right half of a roadway is closed to traffic while under construction or repair;
(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon or For a distance of not more than two miles, when preparing for a lawfully permitted left or U turn;
(4) Upon a roadway designated and signposted for one-way traffic When otherwise directed by official traffic-control devices, signals or markings, a police officer or a special traffic control officer authorized to direct traffic;
(5) When yielding to a vehicle entering a multilane highway;
(6) When necessary in an emergency or for safe operation to avoid a road hazard.

(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) In addition to any other requirement established by this chapter or lane or highway usage restriction established by the commissioner of highways or local authorities within their respective jurisdictions, except when necessary in an emergency, for safe operation to avoid a road hazard, when performing maintenance or construction work or, for a distance of not more than one mile, when necessary to exit the highway via a left exit, no person may drive any vehicle equipped with more than six wheels or commercial motor vehicle, as defined in chapter seventeen-e of this code, on any highway having more than two lanes allowing movement in the same direction except on one of the two most right-hand lanes thereof.
(c) (d) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.


NOTE: The purpose of this bill is to require vehicles to use the right-hand most lane when driving on a roadway, except for certain exceptions.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.