Introduced Version
Senate Bill 590 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 590
(By Senator Caldwell)
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[Introduced February 17, 2003; referred to the Committee on
Education.]
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A BILL to amend and reenact section seven, article twelve, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to school buses
generally; and limiting idling of school buses in excess of
five minutes except for certain purposes.
Be it enacted by the Legislature of West Virginia:
That section seven, article twelve, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, 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 such school bus when there is in operation
on said school bus flashing warning signal lights, as referred to
in section eight of this article, and said driver shall not proceed
until such 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 such highway and where pedestrians are not
permitted to cross the roadway. Any such driver acting in
violation of this subsection is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than fifty nor more
than two hundred dollars, or imprisoned in the county or regional
jail not more than six months, or both fined and imprisoned. If
the identity of the driver cannot be ascertained, then any such
owner or lessee of the vehicle in violation of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than twenty-five nor more than one hundred dollars:
Provided, however, That such conviction shall not subject such owner or lessee to further administrative or other penalties for
said offense, notwithstanding other provisions of this code to the
contrary.
(b) Every bus used for the transportation of school children
shall bear upon the front and rear thereof 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 thereon indicating
"school bus" shall be covered or concealed. Any school bus sold or
transferred to another owner by a county board of education, agency
or individual shall have all flashing warning lights disconnected
and all lettering removed or permanently obscured, except when sold
or transferred for the transportation of school children.
(c) The operator of any school bus may not operate the engine
of any school bus for more than five consecutive minutes when the
school bus is not in motion except when:
(1) The school bus is forced to remain motionless because of
traffic conditions or mechanical difficulties over which the
operator has no control;
(2) It is necessary to operate heating, cooling or auxiliary
equipment installed on the school bus when such equipment is
necessary to accomplish the intended use of the school bus,
including, but not limited to, the operation of safety equipment;
(3) The outdoor temperature is below twenty degrees
Fahrenheit;
(4) It is necessary to maintain a safe temperature for
students with special needs;
(5) The school bus is being repaired; or
(6) The operator is in the process of receiving or discharging
passengers on a public highway or public road.
NOTE: The purpose of this bill is to limit idling of school
bus engines for more than five minutes except for certain reasons.
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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