H. B. 4589
(By Delegate M. Poling)
[Introduced February 18, 2008; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §17C-12-7 of the Code of West Virginia,
1931, as amended, relating to increasing the penalties for
overtaking and passing a school bus.
Be it enacted by the Legislature of West Virginia:
That §17C-12-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7. Overtaking and passing school bus; penalties; signs and
warning lights upon buses; removal of warning lights,
lettering, etc., upon sale of buses; highways with
separate roadways; limitation on idling.
(a) The driver of a vehicle, upon meeting or overtaking from
either direction any school bus which has stopped for the purpose
of receiving or discharging any school children, shall stop the
vehicle before reaching the school bus when there is in operation on the school bus flashing warning signal lights, as referred to in
section eight of this article, and the driver shall not proceed
until the school bus resumes motion, or is signaled by the school
bus driver to proceed or the visual signals are no longer actuated.
This section applies wherever the school bus is receiving or
discharging children including, but not limited to, 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 school bus 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,
shall be fined not less than fifty nor more than two hundred two
hundred nor more than five hundred dollars, or imprisoned in the
county 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, shall be fined not less than
twenty-five nor more than one hundred one hundred nor more than two
hundred fifty dollars. The conviction shall not subject the owner
or lessee to further administrative or other penalties for the
offense, notwithstanding other provisions of this code to the
contrary.
(b) Every bus used for the transportation of school children shall bear upon the front and rear of the bus a plainly visible
sign containing the words "school bus" in letters not less than
eight inches in height. When a contract school bus is being
operated upon a highway for purposes other than the actual
transportation of children either to or from school, all markings
on the contract school bus indicating "school bus" shall be covered
or concealed. Any school bus sold or transferred to another owner
by a county board of education, agency or individual shall have all
flashing warning lights disconnected and all lettering removed or
permanently obscured, except when sold or transferred for the
transportation of school children.
(c) The State Board of Education shall write a policy
governing the idling of school buses.
NOTE: The purpose of this bill is to increase the penalties
for overtaking and passing a school bus.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.