Senate Bill No. 662

(By Senators Redd, Wooton, Ball, Dawson, Hunter, Kessler,

McCabe, Minard, Mitchell, Oliverio, Ross, Snyder and McKenzie)

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[Originating in the Committee on the Judiciary;

reported March 1, 2000.]

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A BILL to amend and reenact section seven-a, article twelve, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to standardizing the warning signs on passenger vans used to transport children.

Be it enacted by the Legislature of West Virginia:
That section seven-a, article twelve, 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 12. SPECIAL STOPS REQUIRED.
§17C-12-7a. Signs and warning lights or alternative warning devices upon passenger vans; passing passenger van; criminal penalties.

(a) (1) Every passenger van placed in service after the thirtieth day of June, two thousand, used for use in the transportation of children, as defined in section sixty-four, article one of this chapter, shall bear upon the front and rear thereof, and may also bear upon the front thereof, a plainly visible signs containing the following warnings, and substantially complying with the following specifications: "Caution: Loading and Unloading Passengers" in letters not less than six inches in height.
(A) Upon the front: A sign, approximately six and one-half inches in height and twenty-three and one-half inches in length, containing the word "CAUTION" in yellow letters, in helvetica compact style, with the letters at least four and one-fourth inches in height and the lettering approximately twenty and one-half inches in length, on black background with a one-fourth inch yellow stripe along the perimeter of the sign; and a second sign, approximately six and one-half inches in height and twenty-three and one-half inches in length, containing the words "LOADING & UNLOADING PASSENGERS" in black letters on two lines in helvetica extra bold style, with the letters "LOADING & UNLOADING" at least two and three-fourth inches in height and the lettering approximately twenty two inches in length on the first line; and with the letters "PASSENGERS" at least two and three-fourth inches in height and approximately twelve and one-half inches in length on the second line, on yellow background with a one-fourth inch black stripe along the perimeter of the sign; and
(B) Upon the rear: A sign, approximately six and one-half inches in height and twenty-three and one-half inches in length, containing the word "CAUTION" in yellow letters, in helvetica compact style, with the letters at least four and one-fourth inches in height and the lettering approximately twenty and one-half inches in length, on black background with a one-fourth inch yellow stripe along the perimeter of the sign; and a second sign, approximately ten and one-half inches in height and twenty-three and one-half inches in length containing the words "LOADING & UNLOADING PASSENGERS" in black letters on three lines in helvetica extra bold style, with the letters "LOADING AND" at least two and three-fourth inches in height and the lettering approximately twenty-one and three-fourth inches in length on the first line; with the letters "UNLOADING" at least two and three-fourth inches in height and approximately eighteen and one-eighth inches in length on the second line; and with the letters "PASSENGERS" at least two and three-fourth inches in height and approximately twenty-one and one-third inches in length on the third line, all on yellow background with a one-fourth inch black stripe along the perimeter of the sign.
(2) Every such passenger van shall be equipped with either flashing warning signal lights as are contemplated and referred to in section eight of this article, or a red caution flag which the driver or some other adult must use by exiting the passenger van and displaying while assisting in the loading or unloading of passengers.
(3) Such vehicles may also be equipped with a white flashing strobotron warning light that meets the requirements set forth in subsection (e), section twenty-six, article fifteen of this chapter.
(b) The driver of a vehicle upon meeting or overtaking from any direction any passenger van which has stopped for the purpose of loading or unloading passengers shall stop his or her vehicle before reaching the passenger van when there is in operation on the passenger van flashing warning signal lights or when an adult is outside the passenger van with a red caution flag and assisting with the loading or unloading of passengers. The driver of a vehicle may not proceed until he or she is signaled by the passenger van driver to proceed, the passenger van flashing signal lights are no longer actuated or the passenger resumes motion. This section applies wherever the passenger van is loading or unloading children on any street, highway, parking lot, private road or driveway: Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a passenger van which is on a different roadway or adjacent to the highway and where pedestrians are not permitted to cross the roadway. Any driver acting in violation of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned. If the identity of the driver cannot be ascertained, then any owner or lessee of the vehicle in violation of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars: Provided, however, That the conviction may not subject the owner or lessee to further administrative or other penalties for the offense, notwithstanding other provisions of this code to the contrary.
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(NOTE: The purpose of this bill is to standardize the safety signs for passenger vans and buses utilized for the transport of persons by businesses, agencies and other entities.

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