ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2295
(By Delegates Johnson, Fleischauer,
Hutchins, Rowe, Tillis, Riggs and Trump)
[Passed February 9, 1999; in effect March 1, 1999.]
AN ACT to amend and reenact section one, article three, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
two, article nine of said chapter; to amend and reenact
sections one and nine, article two, chapter seventeen-b of
said code; to amend and reenact sections four, four-a, four-b
and six, article three, chapter seventeen-c of said code; to
amend and reenact sections three-a and five, article six of
said chapter; to amend and reenact sections one, two, three,
five, six, seven, eight, nine, eleven and twelve, article
seven of said chapter; to amend and reenact sections two,
three, four, six and eight, article eight of said chapter; to
amend article nine of said chapter by adding thereto a new
section, designated section six; to amend article ten of said chapter by adding thereto a new section, designated section
seven; to amend and reenact section six, article twelve of
said chapter; to amend and reenact sections one, three and
four, article thirteen of said chapter; to amend and reenact
sections one, two, four, five, six, seven, eight, nine, ten
and thirteen, article fourteen of said chapter; to amend and
reenact section thirty-six-a, article fifteen of said chapter;
to amend said article by adding thereto a new section,
designated section six; to amend and reenact sections four and
nine, article two-a, chapter seventeen-d of said code; to
amend and reenact section thirty-one, article two, chapter
twenty of said code; to amend and reenact section twenty-six,
article seven of said chapter; to amend and reenact section
nine, article six, chapter sixty of said code; and to amend
and reenact section thirty-nine-a, article three, chapter
sixty-one of said code, all relating to
eliminating the jail
penalty for certain offenses; eliminating the jail penalty for
first convictions of driving or moving or for allowing one's
motor vehicle to be driven or moved when such motor vehicle is
not registered or for which a certificate of title has not
been issued or applied for or for which the appropriate fee
has not been paid; eliminating the jail penalty for first convictions of operating a motor vehicle without evidence of
registration; eliminating the jail penalty for first
convictions of driving a motor vehicle without obtaining a
valid driver's license; eliminating the jail penalty for
driving a motor vehicle without possessing a driver's license
for immediate display; eliminating the jail penalty for
failing to obey instructions of official traffic control
devices; eliminating the jail penalty for failing to obey law- enforcement officers or persons authorized by the commissioner
of highways or by proper local authorities to operate traffic
control devices; eliminating the jail penalty for exceeding
the posted speed restriction or traffic restriction at a
construction site; eliminating the jail penalty for violating
the pedestrian walk and wait signals; eliminating the jail
penalty for violating the minimum speed limit; eliminating the
jail penalty for violating special speed limitations;
eliminating the jail penalty for violating the restrictions on
driving on the right side of the roadway; eliminating the jail
penalty for violating the restrictions on passing vehicles
proceeding in the opposite direction; eliminating the jail
penalty for violating the restrictions on overtaking passing
vehicles proceeding in the same direction; eliminating the jail penalty for violating the restrictions on overtaking on
the left; eliminating the jail penalty for violating the
restrictions on driving to the left of the center of the
roadway; eliminating the jail penalty for violating the
restrictions on no-passing zones; eliminating the jail penalty
for violating the restrictions on one-way roadways and rotary
traffic islands; eliminating the jail penalty for violating
the restrictions on driving on roadways laned for traffic;
eliminating the jail penalty for violating the restrictions on
driving on divided highways; eliminating the jail penalty for
driving onto or from controlled-access roadways; eliminating
the jail penalty for violating the restrictions on making
right turns; eliminating the jail penalty for violating the
restrictions on making left turns; eliminating the jail
penalty for violating the restrictions on making left turns on
other than two-way roadways; eliminating the jail penalty for
violating the restrictions on turning on a curve or the crest
of a grade; eliminating the jail penalty for violating the
restrictions on turning movements and required signals;
eliminating the jail penalty for violating the provisions
outlining the right-of-way; eliminating the jail penalty for
violating the provisions outlining the pedestrians' rights and duties; eliminating the jail penalty for stopping before
emerging from an alley or private driveway; eliminating the
jail penalty for violating the restrictions on stopping,
standing or parking outside a business or residence district;
eliminating the jail penalty for stopping, standing or parking
in specified places; eliminating the jail penalty for
violating restrictions on parking; eliminating the jail
penalty for violating the restrictions on leaving a motor
vehicle unattended; eliminating the jail penalty for violating
the limitations on backing; eliminating the jail penalty for
violating the restrictions on obstruction of the driver's view
or driving mechanisms; eliminating the jail penalty for
violating the restrictions on passengers in the seat with the
driver; eliminating the jail penalty for violating the
restrictions on passengers on the running board; eliminating
the jail penalty for violating the restrictions on driving on
mountain highways; eliminating the jail penalty for violating
the restrictions on coasting; eliminating the jail penalty for
violating the restrictions on following authorized emergency
vehicles; eliminating the jail penalty for violating the
restrictions on crossing fire hoses; eliminating the jail
penalty for violating the restrictions on parking on private property; eliminating the jail penalty on violating the
restrictions on necessary equipment on motor vehicles;
eliminating the jail penalty on violating the restrictions on
sun screening devices; eliminating the jail penalty on first
convictions for the failure to carry and furnish proof of
insurance; eliminating the jail penalty for first convictions
of altering, mutilating or defacing any department of natural
resources license, tag or permit, or the entries thereon;
eliminating the jail penalty for second convictions for
littering; eliminating the jail penalty for first convictions
of being intoxicated in public; eliminating the jail penalty
for first convictions of drinking alcohol in public;
eliminating the jail penalty for first convictions of
tendering alcohol to another person in public or possessing
alcohol in amounts in excess of ten gallons without the proper
authorization; and eliminating the jail penalty for first and
second convictions of making a worthless check.
Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section two, article nine
of said chapter be amended and reenacted; that sections one and nine, article two, chapter seventeen-b of said code be amended and
reenacted; that sections four, four-a, four-b and six, article
three, chapter seventeen-c of said code be amended and reenacted;
that sections three-a and five, article six of said chapter be
amended and reenacted; that sections one, two, three, five, six,
seven, eight, nine, eleven and twelve, article seven of said
chapter be amended and reenacted; that sections two, three, four,
six and eight, article eight of said chapter be amended and
reenacted; that article nine of said chapter be amended by adding
thereto a new section, designated section six; that article ten of
said chapter be amended by adding thereto a new section, designated
section seven; that section six, article twelve of said chapter be
amended and reenacted; that sections one, three and four, article
thirteen of said chapter be amended and reenacted; that sections
one, two, four, five, six, seven, eight, nine, ten and thirteen,
article fourteen of said chapter be amended and reenacted; that
section thirty-six-a, article fifteen of said chapter be amended
and reenacted; that said article be amended by adding thereto a new
section, designated section six; that sections four and nine,
article two-a, chapter seventeen-d of said code be amended and
reenacted; that section thirty-one, article two, chapter twenty of
said code be amended and reenacted; that section twenty-six, article seven of said chapter be amended and reenacted; that
section nine, article six, chapter sixty of said code be amended
and reenacted; and that section thirty-nine-a, article three,
chapter sixty-one of said code be amended and reenacted, all to
read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-1. Misdemeanor to violate provisions of article; penalty.
(a) It is unlawful for any person to drive or move or for an
owner knowingly to permit to be driven or moved upon any highway
any vehicle of a type required to be registered under this article
which is not registered or for which a certificate of title has not
been issued or applied for or for which the appropriate fee has not
been paid when and as required under this article, except as
otherwise permitted by the provisions of this chapter:
Provided,
That in the event of the sale of a vehicle by a person other than
a registered dealer, the person purchasing the same may, for a
period of not more than ten days, operate such vehicle under the
registration of its previous owner and display the registration
thereof:
Provided, however, That he or she shall have and display on the demand of any proper officer the consent in writing of such
previous owner so to use such registration.
(b) Unless otherwise provided for in this article, any person
violating the provisions of this article is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than five
hundred dollars; and upon a second or subsequent conviction
thereof, shall be fined not more than five hundred dollars, or
confined in the county or regional jail not more than six months,
or both.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR
REVOCATION OF REGISTRATION.
§17A-9-2. Operation of vehicles without evidences of
registration; use of temporary facsimile; penalty.
(a) No person shall operate, nor shall an owner knowingly
permit to be operated, upon any highway any vehicle required to be
registered under this article unless there shall be attached
thereto and displayed thereon or shall be in the possession of the
operator when and as required by this chapter a valid registration
card and registration plate or plates issued therefor by the
department for the current registration year, except as otherwise
expressly permitted in this chapter.
(b) In the event that the registration plate or plates originally issued are lost, destroyed or stolen, a temporary
facsimile of the plate or plates, showing the number of the same,
may be attached to the vehicle by the owner for a period of not
more than fifteen days, or until a new plate or plates are issued
by the department, whichever is earlier:
Provided, That no such
facsimile shall be used and no such vehicle shall be driven upon
the highways of this state, until the owner shall have notified in
writing the West Virginia state police of the loss of such
registration plate or plates.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars; and upon a second or
subsequent conviction thereof, shall be fined not more than five
hundred dollars, or confined in the county or regional jail not
more than six months, or both.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1. Drivers must be licensed; types of licenses; licensees
need not obtain local government license; motorcycle driver license; identification cards; penalty.
(a) No person, except those hereinafter expressly exempted,
may drive any motor vehicle upon a street or highway in this state or upon any subdivision street, as used in article twenty-four,
chapter eight of this code, when the use of such subdivision
street is generally used by the public unless the person has a
valid driver's license under the provisions of this code for the
type or class of vehicle being driven.
Any person licensed to operate a motor vehicle as provided in
this code may exercise the privilege thereby granted as provided
in this code and, except as otherwise provided by law, shall not
be required to obtain any other license to exercise such privilege
by any county, municipality or local board or body having
authority to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall
indicate on the license the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
the provisions of this code, federal law or rule.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years driving experience
and who have qualified for the commercial driver's license
established by chapter seventeen-e of this code and the federal
Commercial Motor Vehicle Safety Act of 1986, Title XII of public law 99870 and subsequent rules, and have paid the required fee.
(2) Class D license shall be issued to those persons eighteen
years and older with one year driving experience who operate motor
vehicles other than those types of vehicles which require the
operator to be licensed under the provisions of chapter
seventeen-e of this code and federal law and rule and whose
primary function or employment is the transportation of persons or
property for compensation or wages and have paid the required fee.
For the purposes of the regulation of the operation of a motor
vehicle, wherever the term chauffeur's license is used in this
code, it shall be construed to mean the Class A, B, C or D license
described in this section or chapter seventeen-e of this code or
federal law or rule: Provided, That anyone who is not required to
be licensed under the provisions of chapter seventeen-e of this
code and federal law or rule and who operates a motor vehicle
which is registered or which is required to be registered as a
Class A motor vehicle as that term is defined in section three,
article ten, chapter seventeen-a of this code with a gross vehicle
weight rating of less than eight thousand one pounds, is not
required to obtain a Class D license.
(3) Class E license shall be issued to those persons who have
qualified under the provisions of this chapter and who are not required to obtain a Class A, B, C or D license and who have paid
the required fee. The Class E license may be endorsed under the
provisions of section seven-b of this article for motorcycle
operation.
(4) Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure
provided for by this chapter and have paid the required fee, but
who do not possess a Class A, B, C and D or E driver's license.
(d) No person, except those hereinafter expressly exempted,
shall drive any motorcycle upon a street or highway in this state
or upon any subdivision street, as used in article twenty-four,
chapter eight of this code, when the use of such subdivision
street is generally used by the public unless the person has a
valid motorcycle license or a valid license which has been
endorsed under section seven-b of this article for motorcycle
operation or has a valid motorcycle instruction permit.
(e) (1) A nonoperator identification card may be issued to
any person who:
(A) Is a resident of this state in accordance with the
provisions of section one-a, article three, chapter seventeen-a of
this code;
(B) Does not have a valid driver's license;
(C) Has reached the age of sixteen years;
(D) Has paid the required fee of ten dollars: Provided, That
such fee is not required if the applicant is sixty-five years or
older or is legally blind; and
(E) Presents a birth certificate or other proof of age and
identity acceptable to the division with a completed application
on a form furnished by the division.
(2) The nondriver identification card shall contain the same
information as a driver's license except that such identification
card shall be clearly marked as identification card. The
identification card shall expire every four years. It may be
renewed on application and payment of the fee required by this
section.
(A) After the thirtieth day of June, one thousand nine
hundred ninety-six, every identification card issued to persons
who have attained their twenty-first birthday shall expire on the
last day of the month in which the applicant's birthday occurs in
those years in which the applicant's age is evenly divisible by
five. Except as provided in paragraph (B) of this subdivision, no
identification card may be issued for less than three years nor
more than seven years and such identification card shall be
renewed in the month in which the applicant's birthday occurs and shall be valid for a period of five years expiring in the month in
which the applicant's birthday occurs and in a year in which the
applicant's age is evenly divisible by five.
(B) Every identification card issued to persons who have not
attained their twenty-first birthday shall expire on the last day
of the month in the year in which the applicant attains the age of
twenty-one years.
(3) The identification card shall be surrendered to the
division when the holder is issued a driver's license. The
division may issue an identification card to an applicant whose
privilege to operate a motor vehicle has been refused, canceled,
suspended or revoked under the provisions of this code.
(f) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars; and upon a second or
subsequent conviction, shall be fined not more than five hundred
dollars, or confined in the county or regional jail not more than
six months, or both.
§17B-2-9. License to be carried and exhibited on demand;
penalty.
(a) Every licensee shall have his or her driver's license in
such person's immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a
magistrate, municipal judge, circuit court judge, peace officer,
or an employee of the division.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars: Provided, That no person
charged with violating this section shall be convicted if such
person produces in court or at the office of the arresting officer
a driver's license issued to such person and valid at the time of
such person's arrest.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-4. Obedience to traffic-control devices; official signs
to be in proper position, etc; penalty.
(a) The driver of any vehicle and the operator of any
streetcar shall obey the instructions of any official traffic-
control device applicable thereto placed in accordance with the
provisions of this chapter, unless otherwise directed by a traffic
or police officer, subject to the exceptions granted the driver of
an authorized emergency vehicle in this chapter.
(b) 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.
(c) No provision of this chapter for which signs are
required shall be enforced against an alleged violator if at the
time and place of the alleged violation an official sign is not in
proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a particular section does
not state that signs are required, such section shall be effective
even though no signs are erected or in place.
§17C-3-4a. Obedience to traffic-control instructions at site of
street or highway construction or maintenance;
penalty.
(a) The driver of any vehicle shall obey the traffic-control
instructions of any law-enforcement officer or persons authorized
by the commissioner of highways or by proper local authorities to
operate traffic-control devices, act as flagmen or operate
authorized vehicles engaged in work at or near the site of street
or highway construction maintenance work, for the purpose of
regulating, warning or guiding traffic, subject to the exceptions
granted the driver of an authorized emergency vehicle in this chapter.
(b) Any person failing to comply with the requirements 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
.
§17C-3-4b. Traffic violations in construction zones; posting
requirement; criminal penalty.
(a) At each and every location where street or highway
construction work is to be conducted a sign shall be posted at
least one thousand feet from the construction site, or as close to
one thousand feet from the construction site as is practicable
given the location of the site when workers are present, notifying
all motorists as to the speed limit and displaying the words
"construction work".
(b) Any person who exceeds any posted speed restriction or
traffic restriction at a construction site referred to in
subsection (a) of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars.
(c) Nothing in this section shall be construed to preclude prosecution of any operator of a motor vehicle who commits a
violation of any other provision of this code for such violation.
§17C-3-6. Pedestrian walk and wait signals; penalty.
(a) Whenever special pedestrian-control signals exhibiting
the words "Walk" or "Wait" are in place such signals shall
indicate as follows:
(1) Walk. -- Pedestrians facing such signal may proceed
across the roadway in the direction of the signal and shall be
given the right-of-way by the drivers of all vehicles.
(2) Wait. -- No pedestrian shall start to cross the roadway
in the direction of such signal, but any pedestrian who has
partially completed his or her crossing on the walk signal shall
proceed to a sidewalk or safety island while the wait signal is
showing.
(b) 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.
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-3a. Minimum speed regulations; penalty.
(a) No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of traffic
except when reduced speed is necessary for safe operation or in
compliance with law.
(b) Whenever the commissioner or local authorities within
their respective jurisdiction determine on the basis of an
engineering and traffic investigation that slow speeds on any part
of the highway consistently impede the normal and reasonable
movement of traffic, the commissioner or such local authority may
determine and declare a minimum speed limit below which no person
shall drive a vehicle except when necessary for safe operation or
in compliance with law.
(c) Any person who violates 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 within
two years thereafter, shall be fined not more than five hundred
dollars.
§17C-6-5. Special speed limitations; penalty.
(a) No person shall drive any vehicle equipped with other
than pneumatic tires at a speed greater than a maximum of ten miles per hour.
(b) No person shall drive a vehicle over any bridge or other
elevated structure constituting a part of a highway at a speed
which is greater than the maximum speed which can be maintained
with safety to such bridge or structure, when such structure is
signposted as provided in this section.
(c) The commissioner of highways upon request from any local
authority shall, or upon its own initiative may, conduct an
investigation of any bridge or other elevated structure
constituting a part of a highway, and if it shall thereupon find
that such structure cannot with safety to itself withstand
vehicles traveling at the speed otherwise permissible under this
chapter, the commissioner shall determine and declare the maximum
speed of vehicles which such structure can withstand, and shall
cause or permit suitable signs stating such maximum speed to be
erected and maintained at a distance of one hundred feet before
each end of such structure.
(d) Upon the trial of any person charged with a violation of
this section, proof of said determination of the maximum speed by
said commissioner and the existence of said signs shall constitute
conclusive evidence of the maximum speed which can be maintained
with safety to such bridge or structure.
(e) 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.
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 shall be
driven upon the right half 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
(4) Upon a roadway designated and signposted for one-way
traffic.
(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)
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.
§17C-7-2. Passing vehicles proceeding in opposite directions;
penalty.
(a) Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, and upon roadways having width
for not more than one line of traffic in each direction each
driver shall give to the other at least one half of the main- traveled portion of the roadway as nearly as possible
.
(b) 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.
§17C-7-3. Overtaking and passing vehicle proceeding in same
direction -- Passing on the left generally; penalty.
(a) The following rules shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject to
these limitations, exceptions, and special rules hereinafter
stated.
(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall give an audible signal and
pass to the left thereof at a safe distance and shall not again
drive to the right side of the roadway until safely clear of the
overtaken vehicle.
(2) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle on audible signal and
shall not increase the speed of his or her vehicle until
completely passed by the overtaking vehicle.
(b)
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.
§17C-7-5. Same -- Limitations on overtaking on the left;
penalty.
(a) No vehicle shall be driven to the left side of the
center of the roadway in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly
visible and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle
approaching from the opposite direction or any vehicle overtaken.
In every event the overtaking vehicle must return to the right- hand side of the roadway before coming within one hundred feet of
any vehicle approaching from the opposite direction.
(b) 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.
§17C-7-6. Same -- Further limitations on driving to left of
center of roadway; penalty.
(a) No vehicle shall at any time be driven to the left side
of the roadway under the following conditions:
(1) When approaching the crest of a grade or upon a curve in
the highway where the driver's view is obstructed within such
distance as to create a hazard in the event another vehicle might
approach from the opposite direction;
(2) When approaching within one hundred feet of or traversing
any intersection or railroad grade crossing;
(3) When the view is obstructed upon approaching within one
hundred feet of any bridge, viaduct, or tunnel.
(b) The foregoing limitations shall not apply upon a one-way
roadway.
(c) 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.
§17C-7-7. Same -- No-passing zones; penalty.
(a) The commissioner of highways is hereby authorized to
determine those portions of any highway where overtaking and
passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway
indicate the beginning and end of such zones and when such signs
or markings are in place and clearly visible to an ordinarily
observant person every driver of a vehicle shall obey the
directions thereof.
(b) 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.
§17C-7-8. One-way roadways and rotary traffic islands; penalty.
(a) The commissioner of highways may designate any highway or
any separate roadway under its jurisdiction for one-way traffic
and shall erect appropriate signs giving notice thereof.
(b) Upon a roadway designated and signposted for one-way
traffic a vehicle shall be driven only in the direction
designated.
(c) A vehicle passing around a rotary traffic island shall be
driven only to the right of such island.
(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.
§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 apply:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from such
lane until the driver has first ascertained that such movement can
be made with safety.
(2) Upon a roadway which is divided into three lanes a
vehicle shall 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 allocated exclusively to
traffic moving in the direction the vehicle is proceeding and is
signposted to give notice of such 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 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.
§17C-7-11. Driving on divided highways; penalty.
(a) Whenever any highway 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, every vehicle shall be driven only upon the
right-hand roadway and no vehicle shall be driven over, across, or
within any such dividing space, barrier, or section, except
through an opening in such physical barrier or dividing section or
space or at a crossover or intersection established by public
authority.
(b) 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.
§17C-7-12. Controlled-access roadway -- Driving onto or from;
penalty.
(a) No person shall drive a vehicle onto or from any
controlled-access roadway except at such entrances and exits as
are established by public authority.
(b) 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.
ARTICLE 8. TURNING AND STARTING AND SIGNALS ON STOPPING AND
TURNING.
§17C-8-2. Right turns; penalty.
(a) Both the approach for a right turn and a right turn shall
be made as close as practicable to the right-hand curb or edge of
the roadway.
(b)
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.
§17C-8-3. Left turns on two-way roadways; penalty.
(a) At any intersection where traffic is permitted to move
in both directions on each roadway entering the intersection, an
approach for a left turn shall be made in that portion of the
right half of the roadway nearest the center line thereof and by
passing to the right of such center line where it enters the
intersection and after entering the intersection the left turn
shall be made so as to leave the intersection to the right of the
center line of the roadway being entered. Whenever practicable
the left turn shall be made in that portion of the intersection to
the left of the center of the intersection.
(b) 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.
§17C-8-4. Left turns on other than two-way roadways; penalty.
(a) At any intersection where traffic is restricted to one
direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the
intersection in the extreme left-hand lane lawfully available to
traffic moving in the direction of travel of such vehicle and
after entering the intersection the left turn shall be made so as
to leave the intersection, as nearly as practicable, in the left-
hand lane lawfully available to traffic moving in such direction
upon the roadway being entered.
(b)
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.
§17C-8-6. Turning on curve or crest of grade prohibited; penalty.
(a) No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to, or
near the crest of a grade, where such vehicle cannot be seen by
the driver of any other vehicle approaching from either direction
within five hundred feet.
(b) 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.
§17C-8-8. Turning movements and required signals; penalty.
(a) No person shall turn a vehicle at an intersection unless
the vehicle is in proper position upon the roadway as required in
sections two, three, four or five of this article, or turn a
vehicle to enter a private road or driveway or otherwise turn a
vehicle from a direct course or move right or left upon a roadway
unless and until such movement can be made with reasonable safety.
No person shall so turn any vehicle without giving an appropriate
signal in the manner hereinafter provided in the event any other
traffic may be affected by such movement.
(b) A signal of intention to turn right or left when required
shall be given continuously during not less than the last one
hundred feet traveled by the vehicle before turning.
(c) No person shall stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal in the manner
provided herein to the driver of any vehicle immediately to the
rear when there is opportunity to give such signal.
(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.
ARTICLE 9. RIGHT-OF-WAY.
§17C-9-6. Misdemeanor to violate provisions of article; penalty.
Any person violating the provisions of this article 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.
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.
§17C-10-7. Penalty for pedestrians violating the provisions of
this article.
Any person violating the provisions of this article 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.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-6. Stopping before emerging from alley or private
driveway; penalty.
(a) The driver of a vehicle within a business or residence
district emerging from any alley, driveway, or building shall stop
such vehicle immediately prior to driving onto a sidewalk or onto
the sidewalk area extending across any alleyway or private
driveway, and shall yield the right-of-way to any pedestrian as
may be necessary to avoid collision, and upon entering the roadway
shall yield the right-of-way to all vehicles approaching on said
roadway.
(b) 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.
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-1. Stopping, standing or parking outside of business or
residence districts; penalty.
(a) Upon any highway outside of a business or residence
district no person shall stop, park, or leave standing any
vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park,
or so leave such vehicle off such part of said highway, but in
every event an unobstructed width of the highway opposite a
standing vehicle shall be left for the free passage of other
vehicles and a clear view of such stopped vehicles shall be
available from a distance of two hundred feet in each direction
upon such highway.
(b) 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.
(c) This section shall not apply to the driver of any
vehicle which is disabled while on the paved or main-traveled
portion of a highway in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving such disabled
vehicle in such position.
§17C-13-3. Stopping, standing or parking prohibited in specified
places; penalty.
(a) No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or
traffic-control device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within fifteen feet of a fire hydrant;
(5) In a properly designated fire lane;
(6) On a crosswalk;
(7) Within twenty feet of a crosswalk at an intersection;
(8) Within thirty feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at the side of
a roadway;
(9) Between a safety zone and the adjacent curb or within
thirty feet of points on the curb immediately opposite the ends of
a safety zone, unless a different length is indicated by signs or
markings;
(10) Within fifty feet of the nearest rail of a railroad
crossing;
(11) Within twenty feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance to any
fire station within seventy-five feet of the entrance (when
properly signposted);
(12) Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would obstruct
traffic;
(13) On the roadway side of any vehicle stopped or parked at
the edge or curb of a street;
(14) On any bridge or other elevated structure on a highway
or within a highway tunnel;
(15) At any place where official signs prohibit stopping;
(16) Within twenty feet of any mail receptacle served
regularly by a carrier using a motor vehicle for daily deliveries,
if the parking interferes with or causes delay in the carrier's
schedule;
(17) On any controlled-access highway;
(18) At any place on any highway where the safety and
convenience of the traveling public is thereby endangered;
(19) In front of a wheelchair accessible ramp or curb cut
which is part of a sidewalk designed for use by the general public
when the ramp or curb cut is properly marked with yellow paint.
(b) No person shall move a vehicle not lawfully under his or
her control into any prohibited area or away from a curb such
distance as is unlawful.
(c)
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.
§17C-13-4. Right and left parallel parking; angle parking; highway
signs restricting parking, etc.; penalty.
(a) Except as otherwise provided in this section, every
vehicle stopped or parked upon a roadway where there are adjacent
curbs shall be so stopped or parked with the right-hand wheels of
such vehicle parallel to and within eighteen inches of the right- hand curb. Any person violating the provisions of this subsection
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.
(b) Local authorities may by ordinance permit parking of
vehicles with the left-hand wheels adjacent to and within eighteen
inches of the left-hand curb of a one-way roadway.
(c) Local authorities may by ordinance permit angle parking
on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the division of
highways has determined by resolution or order entered in its
minutes that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic.
(d) The division of highways with respect to highways under
its jurisdiction may place signs prohibiting or restricting the
stopping, standing, or parking of vehicles on any highway where in
its opinion, as evidenced by resolution or order entered in its
minutes, such stopping, standing, or parking is dangerous to those
using the highway or where the stopping, standing, or parking of
vehicles would unduly interfere with the free movement of traffic
thereon. Such signs shall be official signs and no person shall
stop, stand, or park any vehicle in violation of the restrictions
stated on such signs. Any person violating the provisions of this
subsection 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.
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-1. Unattended motor vehicle; penalty.
(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine,
locking the ignition, removing the key, and effectively setting
the brake thereon and, when standing upon any grade, turning the
front wheels to the curb or side of the highway.
(b) 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.
§17C-14-2. Limitations on backing; penalty.
(a) The driver of a vehicle shall not back the same unless
such movement can be made with reasonable safety and without
interfering with other traffic.
(b) 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.
§17C-14-4. Obstruction to driver's view or driving mechanism;
penalty.
(a) No person shall drive a vehicle when it is so loaded as
to obstruct the view of the driver to the front or sides of the
vehicle or as to interfere with the driver's control over the
driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall ride in such
position as to interfere with the driver's or operator's view
ahead or to the sides, or to interfere with his or her control
over the driving mechanism of the vehicle or streetcar.
(c) 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.
§17C-14-5. Passengers in seat with operator; penalty.
(a) No more than three persons including the operator shall
ride or be permitted by such operator to ride in the seat with the
operator of any motor vehicle while said motor vehicle is being
operated on the streets or highways of this state: Provided, That
the limitation of this section shall not apply to a truck cab or
truck crew compartment properly designed for the occupancy of four
persons including the operator, and so designated on the registration card by the division of motor vehicles.
(b) 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.
§17C-14-6. Passengers on running board; penalty.
(a) No passenger shall ride nor shall the operator permit
any passenger to ride on the running boards of any motor vehicle
while such vehicle is being operated on the streets or highways of
this state.
(b) 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.
§17C-14-7. Driving on mountain highways; penalty.
(a) The driver of a motor vehicle traveling through defiles
or canyons or on mountain highways shall hold such motor vehicle
under control and as near the right-hand edge of the highway as reasonably possible and, upon approaching any curve where the view
is obstructed within a distance of two hundred feet along the
highway, shall give audible warning with the horn of such motor
vehicle.
(b) 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.
§17C-14-8. Coasting prohibited; penalty.
(a) The driver of any motor vehicle when traveling upon a
down grade shall not coast with the gears of such vehicle in
neutral.
(b) The driver of a commercial motor vehicle when traveling
upon a down grade shall not coast with the clutch disengaged.
(c) 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.
§17C-14-9. Following authorized emergency vehicles; penalty.
(a) The driver of any vehicle other than one on official
business may not follow any authorized emergency vehicle traveling
in response to a fire alarm or other emergency closer than five
hundred feet or drive into or park such vehicle within the block
where such authorized emergency vehicle has stopped in answer to
a fire alarm or other emergency.
(b) 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.
§17C-14-10. Crossing fire hose; penalty.
(a) No streetcar or vehicle shall be driven over any
unprotected hose of a fire department when laid down on any
street, private driveway, or streetcar track, to be used at any
fire or alarm of fire, without the consent of the fire department
official in command.
(b) 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.
§17C-14-13. Vehicles parked on private property; penalty.
(a) It shall be unlawful for any driver of a vehicle to
stop, park or leave standing unattended any vehicle on a private
road or driveway or on private property without having express or
implied permission from the owner, tenant or lessee of such land.
(b) 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.
(c) The owner, tenant or lessee of such private road or
driveway or private property may move, or have moved, any vehicle
stopped, parked or left standing unattended on his or her private
road, driveway, or private property as above prohibited without
any liability for the cost of moving any vehicle, nor shall he or
she be liable to the owner of the vehicle for any damage done to
such vehicle in moving it, unless the owner, tenant or lessee of
such private road or driveway or private property was negligent in removing or authorizing the removal of the vehicle. The owner of
such vehicle shall be responsible to the persons removing such
vehicle for paying all removal costs. Any person who removes any
vehicle under the provisions of this section shall notify the West
Virginia state police of such action, and, if such vehicle is
removed within a municipality, shall, in addition notify the
police department of such municipality.
ARTICLE 15. EQUIPMENT.
§17C-15-6. Penalty for violations of the provisions of this
article.
(a) Unless otherwise provided for in this article and,
except as otherwise provided in subsection (b) of this section,
any person violating the provisions of this article 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.
(b) Any person violating the provisions of sections thirty- one or thirty-two of this article is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than one hundred
dollars, or confined in the county or regional jail for not more than ten days, or both; upon a second conviction within one year
thereafter, shall be fined not more than two hundred dollars, or
confined in the county or regional jail for not more than twenty
days, or both; and upon a third or subsequent conviction, shall be
fined not more than five hundred dollars, or confined in the
county or regional jail not more than six months, or both.
§17C-15-36a. Sun screening devices; penalty.
(a) No person may operate a motor vehicle that is registered
or required to be registered in the state on any public highway,
road or street that has a sun screening device on the windshield,
the front side wings and side windows adjacent to the right and
left of the driver and windows adjacent to the rear of the driver
that do not meet the requirements of this section.
(b) A sun screening device when used in conjunction with the
windshield must be nonreflective and may not be red, yellow or
amber in color. A sun screening device may be used only along the
top of the windshield and may not extend downward beyond the ASI
line or more than five inches from the top of the windshield
whichever is closer to the top of the windshield.
(c) A sun screening device when used in conjunction with the
automotive safety glazing materials of the side wings or side
windows located at the immediate right and left of the driver shall be a nonreflective type with reflectivity of not more than
twenty percent and have a light transmission of not less than
thirty-five percent. The side windows behind the driver and the
rear most windows may have a sun screening device that is designed
to be used on automotive safety glazing materials that has a light
transmission of not less than thirty-five percent and a
reflectivity of not more than twenty percent. If a sun screening
device is used on glazing behind the driver, one right and one
left outside rear view mirror is required.
(d) Each manufacturer shall:
(1) Certify to the West Virginia state police and division of
motor vehicles that a sun screening device used by it is in
compliance with the reflectivity and transmittance requirements of
this section;
(2) Provide a label not to exceed one and one-half square
inches in size, with a means for the permanent and legible
installations between the sun screening material and each glazing
surface to which it is applied that contains the manufacturer's
name and its percentage of light transmission; and
(3) Include instructions with the product or material for
proper installation, including the affixing of the label specified
in this section. The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle
from the outside.
(e) No person may:
(1) Offer for sale or for use any sun screening product or
material for motor vehicle use not in compliance with this
section; or
(2) Install any sun screening product or material on vehicles
intended for use on public roads without permanently affixing the
label specified in this section.
(f) The provisions of this section do not apply to a motor
vehicle registered in this state in the name of a person, or the
person's legal guardian, who has an affidavit signed by a
physician or an optometrist licensed to practice in this state
that states that the person has a physical condition that makes it
necessary to equip the motor vehicle with sun screening material
which would be of a light transmittance or luminous reflectance in
violation of this section. The affidavit must be in the
possession of the person so afflicted, or the person's legal
guardian, at all times while being transported in the motor
vehicle.
(g) The light transmittance requirement of this section does
not apply to windows behind the driver on trucks, buses, trailers, mobile homes and multipurpose passenger vehicles.
(h) As used in this section:
(1) "Bus" means a motor vehicle with motive power, except a
trailer, designed for carrying more than ten persons.
(2) "Light transmission" means the ratio of the amount of
total light to pass through a product or material to the amount of
the total light falling on the product or material.
(3) "Luminous reflectants" means the ratio of the amount of
total light that is reflected outward by the product or material
to the amount of the total light falling on the product or
materials.
(4) "Manufacturer" means any person engaged in the
manufacturing or assembling of sun screening products or materials
designed to be used in conjunction with vehicle glazing materials
for the purpose of reducing the effects of the sun.
(5) "Motor homes" means vehicular units designed to provide
temporary living quarters built into and an integral part of or
permanently attached to a self-propelled motor vehicle chassis.
(6) "Multipurpose passenger vehicle" means a motor vehicle
with motive power, except a trailer, designed to carry ten persons
or less which is constructed either on a truck chassis or with
special features for occasional off-road operation.
(7) "Nonreflective" means a product or material designed to
absorb light rather than to reflect it.
(8) "Passenger car" means a motor vehicle with motive power,
except a multipurpose passenger vehicle, motorcycle or trailer,
designed for carrying ten persons or less.
(9) "Sun screening device" means film material or device that
is designed to be used in conjunction with motor vehicle safety
glazing materials for reducing the effects of the sun.
(10) "Truck" means a motor vehicle with motive power, except
a trailer, designed primarily for the transportation of property
or special purpose equipment.
(i) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this
state shall supply a certificate to the insured or to any person
subject to the registration provisions of article three, chapter
seventeen-a of this code, certifying that there is in effect a
motor vehicle liability policy upon such motor vehicle in accordance with the provisions of article three, chapter
seventeen-a of this code. The certificate shall give its
effective date and the effective date of the policy and, unless
the policy is issued to a person who is not the owner of a motor
vehicle, must designate by explicit description, in such detail as
the commissioner of the division of motor vehicles shall by rule
require, all motor vehicles covered and all replacement vehicles
of similar classification: Provided,
That on and after the first
day of July, one thousand nine hundred eighty-four, insurance
companies shall supply a certificate of insurance in duplicate for
each policy term and for each vehicle included in a policy, except
for those listed in a fleet policy. Each such certificate of
insurance shall list the name of the policyholder and the name of
the vehicle owner if different from the policyholder.
The certificate must specify for each vehicle listed therein,
that there is a minimum liability insurance coverage not less than
the requirements of section two, article four, chapter seventeen-d
of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the
insured in the appropriate vehicle for use as proof of security,
and must be presented at the time of vehicle inspection as required by article sixteen, chapter seventeen-c of this code.
Any person violating the provisions of this subsection is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than two hundred dollars nor more than five thousand dollars;
and upon a second or subsequent conviction, shall be fined not
less than two hundred dollars nor more than five thousand dollars,
or confined in the county or regional jail for not less than
fifteen days nor more than one year, or both: Provided,
That an
insured shall not be guilty of a violation of this subsection (b)
if he or she furnishes proof that such insurance was in effect
within seven days of being cited for not carrying such certificate
or other proof in such vehicle.
(c) As used in this section, proof of insurance means a
certificate of insurance, an insurance policy, a mechanically
reproduced copy of an insurance policy, a certificate of self- insurance, or a copy of the current registration issued to a motor
carrier by the public service commission: (1) Through the single
state registration system established pursuant to section
fourteen, article six-a, chapter twenty-four-a of this code; or
(2) pursuant to the provisions of section four, article six,
chapter twenty-four-a of this code.
§17D-2A-9. Criminal penalty.
In addition to any administrative penalty provided for
violation of any provision of this article, any person who
violates any provision of this article for which another penalty
is not provided in this article is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than two hundred
dollars nor more than five thousand dollars, or confined in the
county or regional jail not less than fifteen days nor more than
one year, or both.
The arrest procedures authorized in section four, article
nineteen, chapter seventeen-c of this code shall apply to the
enforcement of the provisions of this article.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-31. Size and form of license and tag; contents; unlawful to
alter licenses or permits; penalty.
(a) The size, content and form of all licenses, tags, and
permits shall be prescribed by the director. The information
which a licensee is required to furnish shall be placed upon the
license by the license issuing authority before delivery of such
license to the licensee.
(b) It shall be unlawful for any person to alter, mutilate,
or deface any license, tag, or permit, or the entries thereon, for the purpose of evading the provisions of this chapter.
Any person violating the provisions of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than twenty dollars nor more than three hundred
dollars; and upon a second and subsequent conviction thereof,
shall be fined not less than twenty dollars nor more than three
hundred dollars, or confined in the county or regional jail not
less than ten nor more than one hundred days, or both.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-26. Unlawful disposal of litter; civil and criminal
penalty; litter control fund; evidence; notice
violations; litter receptacle placement; penalty;
duty to enforce violations.
(a) (1) Any person who places, deposits, dumps or throws or
causes to be placed, deposited, dumped or thrown any litter as
defined in section twenty-four of this article, in or upon any
public or private highway, road, street or alley, or upon any
private property without the consent of the owner, or in or upon
any public park or other public property other than in such place
as may be set aside for such purpose by the governing body having
charge thereof, is guilty of a misdemeanor and, upon his or her
first conviction, shall be fined not less than fifty dollars nor more than five hundred dollars: Provided,
That a person shall not
be held responsible for the actions of animals under their direct
control. At the request of the defendant or in the discretion of
the court, the court may sentence the defendant to pick up and
remove from any public highway, road, street, alley or any other
public park or public property as designated by the court, any and
all litter, garbage, refuse, trash, cans, bottles, papers, ashes,
carcass of any dead animal or any part thereof, offal or any other
offensive or unsightly matter placed, deposited, dumped or thrown
contrary to the provisions of this section by anyone prior to the
date of such conviction. For the first offense, the alternative
sentence of litter pickup shall be not less than eight hours nor
more than sixteen hours in lieu of a fine. For purposes of this
subdivision, the term "court" includes circuit, magistrate and
municipal courts.
(2) Upon his or her second conviction, such person shall be
fined not less than two hundred fifty dollars nor more than one
thousand dollars: Provided,
That a person shall not be held
responsible for the actions of animals under their direct control.
At the request of the defendant or in the discretion of the court,
the court may sentence the defendant to pick up and remove from any public highway, road, street, alley or any other public park
or public property as designated by the court, any and all litter,
garbage, refuse, trash, cans, bottles, papers, ashes, carcass of
any dead animal or any part thereof, offal or any other offensive
or unsightly matter placed, deposited, dumped or thrown contrary
to the provisions of this section by anyone prior to the date of
such conviction. For the second offense, the alternative sentence
of litter pickup shall be not less than sixteen hours nor more
than thirty-two hours in lieu of a fine. For purposes of this
subdivision, the term "court" shall include circuit and magistrate
courts.
(3) Upon such person's third and successive conviction, he or
she shall be fined not less than five hundred dollars nor more
than two thousand dollars and confined in the county or regional
jail not less than forty-eight hours nor more than one year:
Provided,
That a person shall not be held responsible for the
actions of animals under their direct control. At the request of
the defendant or in the discretion of the court, the court may
sentence the defendant to pick up and remove from any public
highway, road, street, alley or any other public park or public
property as designated by the court, any and all litter, garbage,
refuse, trash, cans, bottles, papers, ashes, carcass of any dead animal or any part thereof, offal or any other offensive or
unsightly matter placed, deposited, dumped or thrown contrary to
the provisions of this section by anyone prior to the date of such
conviction. Upon a third conviction, the alternative sentence of
litter pickup shall be not less than thirty-two hours nor more
than sixty-four hours in lieu of such fine or incarceration, but
not both. For purposes of this subdivision, the term "court"
includes circuit and magistrate courts.
(4) The alternative sentence of litter pickup herein set
forth shall be verified by the conservation officers from the
division of natural resources or environmental inspectors from the
division of environmental protection or a regional engineering
technician from the division of environmental protection pollution
prevention and open dumps program (PPOD) of the county in which
the offense occurred. Any defendant receiving the herein
specified alternative sentence of litter pickup shall provide
within a time to be set by the court written acknowledgment from
said conservation officers or environmental officers that the
sentence has been completed.
(5) Any person who has been found by the court to have
willfully failed to comply with the terms of an alternative
sentence imposed by the court pursuant to this section is subject at the discretion of the court to up to twice the original penalty
provisions available to the court at the time of conviction.
(6) If any litter is thrown or cast from a motor vehicle or
boat, such action is prima facie evidence that the driver of such
motor vehicle or boat intended to violate the provisions of this
section. If any litter is dumped or discharged from a motor
vehicle or boat, such action is prima facie evidence that the
owner and driver of such motor vehicle or boat intended to violate
the provisions of this section.
(b) Any litter found on any public or private property with
any indication of ownership on it will be evidence creating a
rebuttable inference it was deposited improperly by the person
whose identity is indicated, and any person who improperly
disposes of litter is subject to either a civil fine of up to five
hundred dollars for such litter or required to pay the costs of
removal of such litter if the removal of such litter is required
to be done by the division, at the discretion of the director.
All such fines and costs shall be deposited to the litter control
fund: Provided,
That no inference shall be drawn solely from the
presence of any logo, trademark, trade name or other similar mass
reproduced identifying character appearing on litter found.
(c) Every person who is convicted of or pleads guilty to disposing of litter in violation of subsection (a) of this section
shall pay the sum of not less than fifty dollars nor more than
five hundred dollars as costs for clean-up, investigation and
prosecution in such case, in addition to any other court costs
that the court is otherwise required by law to impose upon such
convicted person.
The clerk of the circuit court, magistrate court or municipal
court wherein such additional costs are imposed shall, on or
before the last day of each month, transmit all such costs
received under this subsection to the state treasurer for deposit
in the state treasury to the credit of a special revenue fund to
be known as the litter control fund which is hereby continued.
Expenditures for purposes set forth in this section are not
authorized from collections but are to be made only in accordance
with appropriation and in accordance with the provisions of
article three, chapter twelve of this code and upon fulfillment of
the provisions set forth in article two, chapter five-a of this
code: Provided,
That for the fiscal year ending the thirtieth day
of June, one thousand nine hundred ninety-three, expenditures
shall be authorized from collections. Amounts collected which are
found from time to time to exceed the funds needed for the
purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by
appropriation of the Legislature.
(d) (1) The commissioner of the division of motor vehicles,
upon registering a motor vehicle or issuing an operator's or
chauffeur's license, shall issue to the owner or licensee, as the
case may be, a copy of subsection (a) of this section.
(2) The commissioner of the division of highways shall cause
appropriate signs to be placed at the state boundary on each
primary and secondary road, and at other locations throughout the
state, informing those entering the state of the maximum penalty
provided for disposing of litter in violation of subsection (a) of
this section.
(e) Any state agency or political subdivision that owns,
operates or otherwise controls any public area as may be
designated by the director by rule promulgated pursuant to
subdivision (8), subsection (a), section twenty-five of this
article, shall procure and place litter receptacles at its own
expense upon its premises and shall remove and dispose of litter
collected in such litter receptacles. After receiving two written
warnings from any law-enforcement officer or officers to comply
with this subsection or the said rules of the director, any person
who fails to place and maintain such litter receptacles upon his or her premises in violation of this subsection or the rules of
the director shall be fined fifteen dollars per day of such
violation.
(f) No portion of this section shall be construed to restrict
a private owner in the use of the owner's own private property in
any manner otherwise authorized by law.
(g) Any law-enforcement officer who shall observe a person
violating the provisions of this section has a mandatory duty to
arrest or otherwise prosecute the violator to the limits provided
herein. The West Virginia division of highways shall investigate
and cause to be prosecuted violations of this section occurring
upon the highways of the state as the term "highways" is defined
in chapter seventeen of this code.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-9. Intoxication or drinking in public places; illegal
possession of alcoholic liquor; arrests by sheriffs
or their deputies for violation in their presence;
penalties.
(a) A person shall not:
(1) Appear in a public place in an intoxicated condition;
(2) Drink alcoholic liquor in a public place;
(3) Drink alcoholic liquor in a motor vehicle on any highway,
street, alley or in a public garage;
(4) Tender a drink of alcoholic liquor to another person in
a public place;
(5) Possess alcoholic liquor in the amount in excess of ten
gallons, in containers not bearing stamps or seals of the
commissioner, without having first obtained written authority from
the said commissioner therefor; or
(6) Possess any alcoholic liquor which was manufactured or
acquired in violation of the provisions of this chapter.
(b) Any law-enforcement officer may arrest without a warrant
and take the following actions against a person who, in his or her
presence, violates subdivision (1) of subsection (a) of this
section: (1) If there is some nonintoxicated person who will
accept responsibility for the intoxicated person, the officer may
issue the intoxicated person a citation specifying a date for
appearance before a judicial officer and release him or her to the
custody of the individual accepting responsibility: Provided,
That the issuance of a citation shall be used whenever feasible;
(2) if it does not impose an undue burden on the officer, he or
she may, after issuance of such a citation, transport the
individual to the individual's present residence or arrange for such transportation; (3) if the individual is incapacitated or the
alternatives provided in subdivisions (1) and (2) of this
subsection are not possible, the officer shall transport or
arrange for transportation to the appropriate judicial officer as
defined by section seventeen, article eleven, chapter twenty-seven
of this code; or (4) if the individual is incapacitated and, in
the law-enforcement officer's judgment, is in need of acute
medical attention, that officer shall arrange for transportation
by ambulance or otherwise to a hospital emergency room. The
officer shall accompany the individual until he or she is
discharged from the emergency room or admitted to the hospital.
If the individual is released from the emergency room, the officer
may proceed as described in subdivisions (1), (2) and (3) of this
subsection. If the individual is admitted to the hospital, the
officer shall issue a citation to the individual specifying a date
for appearance before a judicial officer.
(c) Upon presentment before the proper judicial officer, the
law-enforcement officer shall serve as the chief complaining
witness. The judicial officer must make a finding that there is
probative evidence that the individual may be guilty of the charge
of public intoxication. If such evidence is not presented, the
charge shall be dismissed and the individual released. If sufficient evidence is presented, the judicial officer shall issue
a warrant and establish bail or issue a summons to the individual.
Once a warrant or summons has been issued, the following actions
may be taken: (1) If the individual is no longer incapacitated,
he or she may be released; (2) if the individual is still
incapacitated but a nonintoxicated person is available to accept
responsibility for him or her, he or she may be released to the
responsible person; or (3) if the individual is still
incapacitated and no responsible person is available, the judicial
officer shall proceed under the provisions of article five or six- a, chapter twenty-seven of this code.
(d) Any law-enforcement officer is hereby authorized and
empowered to arrest and hold in custody, without a warrant, until
complaint may be made before a judicial officer and a warrant or
summons issued, any person who in the presence of the law- enforcement officer violates any one or more of subdivisions (1)
through (6), subsection (a) of this section: Provided,
That the
law-enforcement officer may use reasonable force to prevent harm
to himself or herself, the individual arrested or others in
carrying out the provisions of this section.
(e) Any person who violates subdivision (1), subsection (a)
of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced by a judicial officer in
accordance with the following options: (1) Upon first offense, a
fine of not less than five dollars nor more than one hundred
dollars. If the individual, prior to conviction, agrees to
voluntarily attend an alcohol education program of not more than
six hours duration at the nearest community mental health --
mental retardation center, the judicial officer may delay
sentencing until the program is completed and upon completion may
dismiss the charges; (2) upon conviction for a second offense, a
fine of not less than five dollars nor more than one hundred
dollars and not more than sixty days in the county or regional
jail or completion of not less than five hours of alcoholism
counseling at the nearest community mental health -- mental
retardation center; (3) upon third and subsequent convictions, a
fine of not less than five dollars nor more than one hundred
dollars and not less than five nor more than sixty days in county
or regional jail or a fine of not less than five dollars nor more
than one hundred dollars and completion of not less than five
hours of alcoholism counseling at the nearest community mental
health -- mental retardation center: Provided,
That three
convictions for public intoxication within the preceding six months shall be considered evidence of alcoholism: Provided,
however,
That for the educational counseling programs described in
this subsection the community mental health -- mental retardation
center may charge each participant its usual and customary fee and
shall certify in writing to the referring judicial officer the
completion or failure to complete the prescribed program for each
individual.
(f) A person charged with a violation of subdivision (1),
subsection (a) of this section who is an alcoholic shall be found
not guilty by reason of addiction and proper disposition made
pursuant to articles five and six-a, chapter twenty-seven of this
code.
(g) Any person who violates subdivision (2), subsection (a)
of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than five nor more
than one hundred dollars; and upon a second or subsequent
conviction thereof, shall be fined not less than five nor more
than one hundred dollars, or confined in the county or regional
jail not more than sixty days, or both.
(h) Any person who violates subdivision (3), subsection (a)
of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than five nor more than one hundred dollars, or confined in the county or regional
jail not more than sixty days, or both.
(i) Any person who violates subdivision (4) or (5),
subsection (a) of this section shall be guilty of a misdemeanor
and, upon his or her first conviction, shall be fined not less
than one hundred dollars nor more than five hundred dollars; and
upon conviction of second or subsequent offense, he or she shall
be guilty of a felony and shall be confined in the penitentiary of
this state for a period of not less than one year nor more than
three years.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39a. Making, issuing, etc., worthless checks; penalty.
(a) It shall be unlawful for any person, firm or corporation
to make, draw, issue, utter or deliver any check, draft or order
for the payment of money or its equivalent upon any bank or other
depository, knowing or having reason to know there is not
sufficient funds on deposit in or credit with such bank or other
depository with which to pay the same upon presentation. The
making, drawing, issuing, uttering or delivering of any such
check, draft or order, for or on behalf of any corporation, or its
name, by any officer or agent of such corporation, shall subject such officer or agent to the penalty of this section to the same
extent as though such check, draft or order was his or her own
personal act.
(b) This section shall not apply to any such check, draft or
order when the payee or holder knows or has been expressly
notified prior to the acceptance of same or has reason to believe
that the drawer did not have on deposit or to his or her credit
with the drawee sufficient funds to insure payment as aforesaid,
nor shall this section apply to any postdated check, draft or
order. This section shall not apply when such insufficiency of
funds or credit is caused by any adjustment to the drawer's
account by the bank or other depository without notice to the
drawer or is caused by the dishonoring of any check, draft or
order deposited in the account unless there is knowledge or reason
to believe that such check, draft or order would be so dishonored.
(c) Any person who shall violate the provisions of this
section shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one hundred dollars; and
upon a third or subsequent conviction thereof, shall be fined not
more than one hundred dollars, or confined in the county or
regional jail not more than ten days, or both.