H. B. 4323
(By Delegates
Armstead, Lane and Walters
)
[Introduced February 3, 2010; referred to the
Committee on Roads and Transportation then the Judicary.]
A BILL to amend and reenact §17C-7-9 of the Code of West Virginia,
1931, as amended, relating to
driving on roadways laned for
traffic;
prohibiting use of turning lanes for through traffic
under certain circumstances; providing criminal
penalty.
Be it enacted by the Legislature of West Virginia:
That §17C-7-9 of the Code of West Virginia, 1931, as
amended,
be amended and reenacted
to read as follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-9. Driving on roadways laned for traffic; penalty.
(a) Whenever any roadway has been divided into two or more
clearly marked lanes for traffic the following rules in addition to
all others consistent
herewith shall with this section apply:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and
shall may not be moved from
such that lane until the driver has first ascertained that
such the
movement can be made with safety.
(2) Upon a roadway which is divided into three
or five lanes
a vehicle
shall may not be driven in the center lane which is
clearly marked as a left turn lane except in preparation for a left
turn:
or where such center lane is at the time Provided, That the
vehicle not overtake other vehicles traveling in the same direction
for more than eight hundred feet: Provided,
however
, That the
center lane is not allocated exclusively to traffic moving in the
direction the vehicle is proceeding and is signposted to give
notice of such the allocation.
(3) Official signs may be erected directing slow-moving
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of the
center of the roadway and drivers of vehicles shall obey the
directions of every such sign.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $100; upon a second conviction within one year
thereafter, shall be fined not more than $200; and upon a third or
subsequent conviction, shall be fined not more than $500.
NOTE: The purpose of this bill is to prohibit use of turning
lanes for through traffic under certain circumstances.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.