WEST virginia legislature
2016 regular session
Committee Substitute
for
Senate Bill 13
By Senators Carmichael, Boso, Gaunch, Leonhardt, Trump, Walters, Blair, Takubo, Miller and Unger
[Originating in the Committee on the Judiciary; Reported January 20, 2016.]
A BILL to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to offense of overtaking and passing school bus stopped for the purpose of receiving and discharging children; creating rebuttable inference for charging purposes that registered owner or lessee was operating vehicle in the event that the driver of the passing vehicle cannot be ascertained at time of alleged offense; and clarifying that service of process is pursuant to West Virginia Rule of Criminal Procedure 4 where identity of operator is not determined at the scene.
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; requirements for sale of buses; mounting of cameras; educational information campaign; 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 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 driver acting in violation of subsection (a) of this section is guilty of a misdemeanor and, upon conviction for a first offense, shall be fined not less than $150 or more than $500, or confined in jail not more than six months, or both fined and confined. Upon conviction of a second violation of subsection (a), the driver shall be fined $500, or confined in jail not more than six months, or both fined and confined. Upon conviction of a third or subsequent violation of subsection (a), the driver shall be fined $500, and confined not less than twenty-four hours in jail but not more than six months.
(c) Where the actual identity of the operator of a motor vehicle operated in violation of subsection (a) of this section is unknown but the license plate number of the motor vehicle is known, it may be inferred that the operator was an owner or lessee of the motor vehicle for purposes of the probable cause determination. Where there is more than one registered owner or lessee, the inference created by this subsection shall apply to the first listed owner or lessee as found on the motor vehicle registration.
(d) Service of process of a complaint issued pursuant to subsection (c) of this section shall be effected consistent with West Virginia Rule of Criminal Procedure 4.
(c)(e) In
addition to the penalties prescribed in subsections (b) of this section, the Commissioner
of Motor Vehicles shall, upon conviction, suspend the driver’s license of the
person so convicted:
(1) Of a first offense under subsection (b) of this section, for a period of thirty days;
(2) Of a second offense under subsection (b) of this section, for a period of ninety days; or
(3) Of a third or
subsequent offense under subsection (b) of this section, for a period of one
hundred and eighty days.
(d)(f) Any
driver of a vehicle who willfully violates the provisions of subsection (a) of
this section and the violation causes serious bodily injury to any person other
than the driver, is guilty of a felony and, upon conviction, shall be confined
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.
(e)(g) Any
driver of a vehicle who willfully violates the provisions of subsection (a) of
this section, and the violation causes death, is guilty of a felony and, upon
conviction, shall be confined in a state correctional facility not less than
one year nor more than ten years and fined not less than $1,000 nor more than
$3,000.
(f)(h) 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)(i) Every
county board of education is hereby authorized to mount a camera on any school
bus for the purpose of enforcing this section or for any other lawful purpose.
(h)(j) 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.
(i)(k) The
State Board of Education shall promulgate a rule in accordance with the
provisions of article three-b, chapter twenty-nine-a of this code governing the
idling of school buses.