H. B. 4485
(By Delegates Sobonya, Butcher, Eldridge,
C. Miller, Miley, Fleischauer, Shook, Sumner,
Lane, Stowers and Rodighiero)
[Introduced February 12, 2010
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §17C-12-7 of the Code of West Virginia,
1931, as amended, relating to increasing the penalties for
overtaking and passing a school bus stopped for the purpose of
receiving and discharging children.
Be it enacted by the Legislature of West Virginia:
That §17C-12-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7. Overtaking and passing school bus; penalties; signs
and warning lights upon buses; removal of warning
lights, lettering, etc., upon sale of buses;
highways with separate roadways; limitation on
idling.
(a) The driver of a vehicle, upon meeting or overtaking from
either direction any school bus which has stopped for the purpose
of receiving or discharging any school children, shall stop the vehicle before reaching the school bus when there is in operation
on the school bus flashing warning signal lights, as referred to in
section eight of this article, and the driver
shall may not proceed
until the school bus resumes motion, or is signaled by the school
bus driver to proceed or the visual signals are no longer actuated.
This section applies wherever the school bus is receiving or
discharging children including, but not limited to, any street,
highway, parking lot, private road or driveway:
Provided, That the
driver of a vehicle upon a controlled access highway need not stop
upon meeting or passing a school bus which is on a different
roadway or adjacent to the highway and where pedestrians are not
permitted to cross the roadway.
(b) Any
identified driver acting in violation of this
subsection is guilty of a misdemeanor and, upon conviction
for a
first offense, shall be fined not less than
fifty dollars $150 or
more than
two hundred dollars $500, or
imprisoned confined in
the
county jail not more than six months, or both fined and
imprisoned
confined. Additionally, the driver's license of a driver convicted
of this offense for the first time may be suspended for a period of
thirty days. Upon conviction of a second offense of this
subsection, the driver shall be fined $500, or confined in jail not
more than six months, or both fined and confined. Additionally,
the driver's license of a driver convicted of this offense for the
second time may be suspended for a period of ninety days. Upon
conviction of a third or subsequent offense of this subsection, the driver shall be fined $500, and confined not less than twenty-four
hours in jail but not more than six months. Additionally, the
driver's license of a driver convicted of this offense for the
third time may be suspended for a period of six months.
(c) When the identified driver of a vehicle willfully,
wantonly, or with reckless disregard violates the provisions of
subsection (a) of this section and the violation causes serious
bodily injury to any person other than the driver, he or she is
guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility not less than one year
nor more than three years and
fined not less than $500 nor more
than $2,000
.
(d) When the identified driver of a vehicle willfully,
wantonly or with reckless disregard violates the provisions of
subsection (a) of this section, and the violation causes death, he
or she is guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility
not less than one year
and no more than ten years and fined not less than $1,000 nor more
than $3,000.
(e) If the identity of the driver cannot be ascertained, then
any owner or lessee of the vehicle in violation of this subsection,
is guilty of a misdemeanor and, upon conviction and is found to be
the owner or lessee of the automobile shall be fined subject to a
civil penalty of not less than twenty-five dollars $150 nor more
than one hundred dollars $500. Any person found to be the owner or lessee a vehicle who is in violation of this sections a second or
subsequent time under this subsection is subject to a civil penalty
of $500. The conviction shall assessment of the civil penalty does
not subject the owner or lessee to further administrative or other
penalties for the offense, notwithstanding other provisions of this
code to the contrary.
(b) (f) Every bus used for the transportation of school
children shall bear upon the front and rear of the bus a plainly
visible sign containing the words "school bus" in letters not less
than eight inches in height. When a contract school bus is being
operated upon a highway for purposes other than the actual
transportation of children either to or from school, all markings
on the contract school bus indicating "school bus" shall be covered
or concealed. Any school bus sold or transferred to another owner
by a county board of education, agency or individual shall have all
flashing warning lights disconnected and all lettering removed or
permanently obscured, except when sold or transferred for the
transportation of school children.
(g) Every school district is authorized to mount a camera on
any retractable stop sign that is part of the equipment of any
school bus.
(h) To the extent that state, federal or other funds are
available, the State Police shall conduct an information campaign
to educate drivers concerning the provisions of this section and
the importance of school bus safety.
(c) (i) The State Board of Education shall write a policy
governing the idling of school buses.
NOTE: The purpose of this bill is to increase the fine for
overtaking and passing a school bus stopped for the purpose of
receiving or discharging children.
The changes in this bill could
be referred to as "Haven's Law".
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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