WEST virginia Legislature
2016 regular session
Introduced
Senate Bill 686
By Senators Maynard, Carmichael, Gaunch, Karnes, Takubo, Walters and Blair
[Introduced February
22, 2016;
Referred to the Committee on the Judiciary.]
A BILL to amend and reenact §17C-6-8 of the Code of West Virginia, 1931, as amended, relating to racing on highways or streets; and allowing races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic.
Be it enacted by the Legislature of West Virginia:
That §17C-6-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-8. Racing on streets and highways prohibited; legislative findings; penalties; mandatory revocation of licenses; exception for locally authorized race.
(a) The Legislature hereby determines and finds
that the racing of motor vehicles on the public streets and highways of this
state, whether within or in excess of the lawful speed limit (much of which
racing is commonly referred to as “drag racing”), is extremely dangerous to
life, limb and property, and that such racing is an ever increasing problem. It
is, therefore, hereby declared to be the public policy of this state to
prohibit all forms of such racing on the public streets and highways, and to
provide criminal penalties for, and require the revocation of the operator’s or
chauffeur’s license or nonresident privilege to drive, of those persons who are
convicted of engaging in or aiding or abetting such racing.
(a) (b) It shall be is unlawful for
any person to engage in, or aid or abet by serving as lookout or timer or in
any other capacity whatever, any speed race, as defined herein, on any public
street or highway in this state. For the purposes of this subdivision section
“speed race” means:
(1) The operation of a motor vehicle in speed acceleration competition with another motor vehicle or motor vehicles; or
(2) The operation of a motor vehicle in speed acceleration competition against time; or
(3) The operation of a motor vehicle in speed competition with another motor vehicle or motor vehicles where speed exceeds the lawful speed limit.
(b) (c) Any person who violates the provisions of subdivision
(a) subsection (b) of this section shall be is guilty
of a misdemeanor, and, upon conviction thereof, shall be punished for a first
offense by a fine of not less than $50 nor more than $100, and for a second
offense by a fine of not less than $50 nor more than $500, or by imprisonment
confinement in jail for not less than six days nor more than sixty days,
or by both such fine and imprisonment confinement, and for a
third and each subsequent offense by a fine of not less than $100 nor more than
$100, or by imprisonment confinement in jail for not less than
sixty days nor more than four months, or by both such fine and imprisonment
confinement. For the purposes of this section, a forfeiture of bail or
collateral deposited to secure such the person’s appearance in
court, which forfeiture has not been vacated, shall be is equivalent
to a final conviction. If at the time of any violation of the provisions of subdivision
(a) subsection (b) of this section by any person as an operator of a
motor vehicle, such the person was not entitled to operate a
motor vehicle in this state because his or her operator’s or chauffeur’s
license, or privilege to drive in this state if such the person
be a nonresident, had earlier been suspended or revoked, then in addition to
the offense, penalties and mandatory revocation provided for in this
section, the provisions of section three, article four, chapter seventeen-b of
this code shall be are applicable.
(c) (d) Whenever a person is convicted for a
violation of the provisions of subdivision (a) subsection (b) of
this section, which conviction has become final, the Commissioner of Motor Vehicles
shall in addition to the penalties hereinbefore provided in this
section, forthwith:
(1) For a first offense,
revoke the operator’s or chauffeur’s license of such the person,
or such the person’s privilege to drive in this state if he be
or she is a nonresident, for a period of six months;
(2) For a second offense
occurring within a two-year period, revoke the operator’s or chauffeur’s
license of such the person, or such the person’s
privilege to drive in this state if he be or she is a
nonresident, for a period of two years; or
(3) For a third or any
subsequent offense occurring within a five-year period, revoke the operator’s
or chauffeur’s license of such the person, or such the
person’s privilege to drive in this state if he be or she is a
nonresident, for a period of five years.
(e) Whenever a person is convicted as aforesaid under
this section for a second, third or subsequent offense which occurred while
such the person’s operator’s or chauffeur’s license, or privilege
to drive in this state if he be or she is a nonresident, was
revoked pursuant to the provisions of this subdivision subsection (d)
of this section, the period or periods of mandatory revocation for such
the second, third or subsequent offense shall be is cumulative
and shall run consecutively. If a person’s junior or probationary
operator’s license is revoked in accordance with the provisions of this
subdivision, such subsection (d) of this section, the person may not
apply for a regular operator’s or chauffeur’s license until he or she
reaches eighteen years of age or until the period of revocation has elapsed,
whichever event shall last occur occurs last.
(f) Notwithstanding the
provisions of section eight, article three, chapter seventeen-b of this code,
any person whose operator’s or chauffeur’s license, or privilege to drive in
this state if he be or she is a nonresident, is revoked, under
the provisions of this subdivision subsection (d) of this section,
may, following the period or periods of revocation, immediately apply for and
obtain a new operator’s or chauffeur’s license or nonresident privilege to
drive, as the case may be, if and only if the Commissioner of Motor Vehicles is
satisfied, after investigation of the character, habits and driving ability of such
the person, that it will be safe to permit such the person
to drive a motor vehicle on the public streets and highways. Any period of
revocation imposed under the provisions of this subdivision subsection
(d) of this section shall be computed from the date of such the
revocation.
(g) The provisions of subsection (b) of this section do not apply to a race held on a county or municipal road when the race is sanctioned by the county or municipality and the road is closed to other traffic during the race.
NOTE: The purpose of this bill is to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.