WEST virginia Legislature
2017 regular session
By
[
to the Committee on Roads and Transportation then the Judiciary.
A BILL to amend and
reenact §17C-5-3 of the Code of West
Virginia, 1931, as amended, relating to providing that a vehicle driver who
injures a “vulnerable road user” is guilty of reckless driving; defining the
term “vulnerable road user;” and imposing misdemeanor penalties.
Be it enacted by the
Legislature of West Virginia:
That §17C-5-3 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 5. SERIOUS
TRAFFIC OFFENSES.
§17C-5-3.
Reckless driving; penalties.
(a) Any person who drives
any vehicle upon any street or highway, or upon any residential street, or in
any parking area, or upon the ways of any institution of higher education,
whether public or private, or upon the ways of any state institution, or upon
the property of any county boards of education, or upon any property within the
state park and public recreation system established by the Director of the
Division of Natural Resources pursuant to section three, article four, chapter
twenty of this code in willful or wanton disregard for the safety of persons or
property is guilty of reckless driving.
(b) Any person who
drives any vehicle upon any street or highway, or upon any residential street,
or in any parking area, or upon the ways of any institution of higher
education, whether public or private, or upon the ways of any state
institution, or upon the property of any county boards of education, or upon
any property within the state park and public recreation system established by
the Director of the Division of Natural Resources pursuant to section three,
article four, chapter twenty of this code who causes physical injury to a
vulnerable road user is guilty of reckless driving. For the purposes of this
subsection “vulnerable road user” includes:
(1) A pedestrian,
including those persons actively engaged in work upon a highway, or in work
upon utility facilities along a highway, or engaged in providing emergency
services within the right-of-way;
(2) A person riding or
leading an animal; and
(3) A person lawfully
operating or riding any of the following on a public right-of-way, crosswalk,
or shoulder of the highway:
(A) A bicycle, tricycle,
or other pedal-powered vehicle;
(B) A farm tractor or
similar vehicle designed primarily for farm use;
(C) A skateboard;
(D) Roller skates;
(E) In-line skates;
(F) A scooter;
(G) A moped;
(H) A motorcycle;
(I) An animal-drawn
wheeled vehicle, or farm equipment, or sled;
(J) An electric personal
assistive mobility device; or
(K) A wheelchair.
(b) (c) The provisions of subsection (a) subsections
(a) and (b) of this section shall do not apply to those areas
which have been temporarily closed for racing sport events or which may be set
aside by the Director of the Division of Natural Resources within the state
park and recreation system for exclusive use by motorcycles or other
recreational vehicles.
(c) (d) Every person convicted of reckless driving
is guilty of a misdemeanor and, upon a first conviction thereof, shall be
confined in jail for a period of not less than five days nor more than ninety
days, or fined not less than $25 nor more than $500, or both, and upon
conviction of a second or subsequent conviction thereof, shall be confined in
jail not less than ten days nor more than six months, or fined not less than
$50 nor more than $1,000, or both fined and confined.
(d) (e) Notwithstanding the provisions of
subsection (c) (d) of this section, any person convicted of a
violation of subsection (a) or (b) of this section who in doing so
proximately causes another to suffer serious bodily injury shall, upon
conviction, be confined in jail not less than ten days nor more than six months
or fined not less than $50 nor more than $1,000, or both fined and confined.
(e) (f) For purposes of subsection (d) (e)
of this section, "serious
bodily injury"
means bodily injury which creates a substantial risk of death, which causes
serious or prolonged disfigurement, prolonged impairment of health or prolonged
loss or impairment of the function of any bodily organ.
NOTE: The purpose of this bill is
to provide that a vehicle driver who injures a “vulnerable road user” is guilty
of reckless driving. The bill defines the term “vulnerable road user.” The bill
imposes misdemeanor penalties.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.