West Virginia Legislature

2019 Regular Session

Introduced

House Bill 2426

 (By Delegate Caputo, Longstreth, Pyles, Angelucci, Boggs, Miller, Fluharty, Hartman, Miley and Swartzmiller)

[Introduced January 15, 2019; Referred
to the Committee on Technology and Infrastructure then the Judiciary.]

A BILL to amend and reenact §17C-6-3 of the Code of West Virginia, 1931, as amended, relating to allowing local authorities the authority to lower the speed limit on streets and highways where school buses travel; and providing that no lowering of a speed limit is effective until approved by the Commissioner of Highways.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6.  SPEED RESTRICTIONS.

§17C-6-3.  When local authorities may alter speed limits.

(a) At intersection. -- Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the speed permitted under this chapter at any intersection is greater than is reasonable or safe under the conditions found to exist at such the intersection, such the local authority subject to subsection (e) (f) of this section shall determine and declare a reasonable and safe speed limit thereat, which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate speed limit signs giving notice thereof are erected at such the intersection or upon the approaches thereto.

(b) Authority to increase 25-mile limit. -- Local authorities in their respective jurisdictions may in their discretion, but subject to subsection (e) (f) of this section, authorize by ordinance higher speeds than those stated in section one of this article upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections, which higher speed shall be effective at all times or during hours of daylight or at such other times as may be determined when appropriate speed limit signs are erected giving notice of the authorized speed, but local authorities shall not have authority to may not modify or alter the basic rule set forth in §17C-6-1 (a), of this code, or in any event to authorize by ordinance a speed in excess of 55 miles per hour.

(c) Authority to decrease 55-mile limit. -- Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the speed under this chapter upon open country highway outside a business or residence district is greater than is reasonable or safe under the conditions found to exist upon such street or highway, the local authority may determine and declare a reasonable and safe limit thereon but in no event less than 35 miles per hour and subject to subsection (e) (f) of this section, which reduced limit shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate speed limit signs giving notice thereof are erected. upon such street or highway

(d) Authority to decrease 25 mile limit.-- A municipality may in its discretion, but subject to subsection (e) (f) of this section, authorize by ordinance lower speeds than those stated in subdivision (2), subsection (b), section one of this article upon local dedicated rights-of-way in a residential district or portions thereof, which lower speed shall be effective at all times or during hours of daylight or at such other times as may be determined when appropriate speed limit signs are erected. giving notice of the authorized speed

(e) Authority to decrease speed limit on streets and highways where school buses travel. -- Whenever local authorities within their respective jurisdictions determine upon an engineering and traffic investigation that the speed under this chapter upon streets and highways where school buses travel is greater than is reasonable under the conditions found to exist upon the street or highway, the local authority may determine a reasonable limit subject to subsection (f) of this section.  This reasonable limit shall be effective at all times or during hours of darkness, during hours of daylight or at other times as may be determined when appropriate speed limit signs giving notice are erected.

(e) (f) Alteration of limits on state highways in municipalities. -- Alteration of limits on state highways or extensions thereof in a municipality by local authorities shall may not be effective until such alteration has been approved by the Commissioner of Highways.

NOTE: The purpose of this bill is to give local authorities the authority to decrease the speed limit on streets and highways where school buses travel.  The bill provides that no lowering of a speed limit is effective until approved by the Commissioner of Highways.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.