COMMITTEE SUBSTITUTE
FOR
H. B. 2080
(By Delegate Love)
(Originating in the House Committee
on Roads and Transportation)
[February 15, 1995]
A BILL to amend and reenact section twenty-six, article fifteen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
emergency light use as appropriate for hazardous material
response vehicles, industrial fire brigade vehicles, and
Class A vehicles of out-of-state residents who are active
members of West Virginia fire departments, ambulance
services or duly chartered rescue squads; providing for fees
for emergency vehicle permits; and clarifying the use of
amber or yellow lights by school buses.
Be it enacted by the Legislature of West Virginia:
That section twenty-six, article fifteen, 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 15. EQUIPMENT.
§17C-15-26. Special restrictions on lamps.
(a) Any lighted lamp or illuminating device upon a motor
vehicle other than head lamps, spot lamps, auxiliary lamps or
flashing front-direction signals which projects a beam of light
of an intensity greater than three hundred candlepower shall be
so directed that no part of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than
seventy-five feet from the vehicle.
(b) No person shall drive or move any vehicle or equipment
upon any highway with any lamp or device thereon displaying other
than a white or amber light visible from directly in front of the
center thereof except as authorized by subsection (d) of this
section.
(c) Except as authorized in section nineteen, flashing
lights are prohibited on motor vehicles, except on an authorized
emergency vehicle, school bus, snow removal equipment or on any
vehicle as a means for indicating right or left turn, or on any
vehicle as a means of indicating the same is disabled or
otherwise stopped for an emergency.
(d) Notwithstanding any other provisions of this chapter,
the following colors of flashing warning lights are restricted for the use of the type of vehicle designated:
(1) Blue flashing warning lights are restricted to police
vehicles. Authorization for police vehicles shall be designated
by the chief administrative official of each police department.
(2) Except for standard vehicle equipment authorized by
section nineteen of this article, red flashing warning lights are
restricted to ambulances, firefighting vehicles,
hazardous
material response vehicles, industrial fire brigade vehicles,
school buses, Class A vehicles, as defined by section one,
article ten, chapter seventeen-a of this code, of those
firefighters who are authorized by their fire chiefs to have such
lights and to Class A vehicles of members of ambulance services
or duly chartered rescue squads who are authorized by their
respective chiefs to have such lights
:. For the purposes of this
section, authorized Class A vehicles shall include those of out-
of-state residents who are active members of West Virginia fire
departments, ambulance services or duly chartered rescue squads
who are authorized by their respective chiefs to have such
lights. Provided, That rRed flashing warning lights attached to
such Class A vehicles may be operated only when responding to or
engaged in handling an emergency requiring the attention of such
firefighters or members of such ambulance services or chartered
rescue squads.
(3) The use of red flashing warning lights shall be
authorized as follows:
(A) Authorization for all ambulances shall be designated by
the department of health and human resources and the sheriff of
the county of residence.
(B) Authorization for all fire department vehicles shall be
designated by the fire chief and the state fire marshal's office.
(C) Authorization for all hazardous material response
vehicles and industrial fire brigades shall be designated by the
chief of the fire department and the state fire marshal's office.
(D) Authorization for all rescue squad vehicles not
operating out of a fire department shall be designated by the
squad chief, the sheriff of the county of residence and the
department of health and human resources.
(E) Authorization for school buses shall be designated as
set out in section twelve, article fourteen, chapter seventeen-c.
(F) Authorization for firefighters to operate Class A
vehicles shall be designated by their fire chiefs and the state
fire marshal's office.
(G) Authorization for members of ambulance services or any
other emergency medical service personnel to operate Class A
vehicles shall be designated by their chief official, the
department of health and human resources and the sheriff of the county of residence.
(H) Authorization for members of duly chartered rescue
squads not operating out of a fire department to operate Class A
vehicles shall be designated by their squad chiefs, the sheriff
of the county of residence and the department of health and human
resources.
(3)(4) All other emergency vehicles, including tow trucks
and wreckers, authorized by this chapter and by section twenty-
seven of this article shall be restricted to amber or yellow
flashing warning lights.
(5) The use of amber or yellow flashing warning lights
shall be authorized as follows:
(A) Authorization for tow trucks, wreckers, flag car
services, vehicles providing road service to disabled vehicles,
service vehicles of a public service corporation and postal
service vehicles shall be designated by the sheriff of the county
of residence.
(B) Authorization for snow removal equipment shall be
designated by the commissioner of the division of highways.
(e) The state fire marshal may charge one dollar for each
emergency vehicle permit he or she issues, which fee shall be
deposited in the special revenue account of the state fire
marshal.
(e)(f) (1) Notwithstanding the foregoing provisions of this
section, any vehicle belonging to a county board of education may
be equipped with a white flashing strobotron warning light. This
strobe light may be installed on the roof of a school bus not to
exceed one-third the body length forward from the rear of the
roof edge. The light shall have a single clear lens emitting
light three hundred sixty degrees around its vertical axis and
may not extend above the roof more than six and one-half inches.
A manual switch and a pilot light must be included to indicate
the light is in operation.
(2) Nothing in this section shall be construed so as to
prohibit school buses from using amber or yellow flashing warning
lights, in addition to any other lights authorized by this
section.
(g) It shall be unlawful for flashing warning lights of an
unauthorized color to be installed or used on a vehicle other
than as specified in this section, except that a police vehicle
may be equipped with either or both blue or red warning lights.
Email
Webmaster | © 2024 West Virginia Legislature **
