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Enrolled Version - Final Version House Bill 2572 History

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Key: Green = existing Code. Red = new code to be enacted

ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2572


(By Delegates Tribett and Varner)


[Passed March 11, 1994; in effect ninety days from passage.]


AN ACT to amend and reenact section four-a, article three, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section four-b, all relating to prescribing criminal penalties for certain traffic violations committed in posted construction zones; and requiring posting of signs in construction zones.

Be it enacted by the Legislature of West Virginia:

That section four-a, article three, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section four-b, all to read as follows:
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§ 17C-3-4a. Obedience to traffic-control instructions at site of street or highway construction or maintenance.

The driver of any vehicle shall obey the traffic-control instructions of any law-enforcement officer or persons authorized by the commissioner of highways or by proper local authorities to operate traffic-control devices, act as flagmen or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of regulating, warning or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. Any person failing to comply with the requirements of this section is guilty of a misdemeanor.

§ 17C-3-4b. Traffic violations in construction zones posting requirement; criminal penalties.

(a) At each and every location where street or highway construction work is to be conducted a sign shall be posted at least one thousand feet from the construction site, or as close to one thousand feet from the construction site as is practicable given the location of the site when workers are present, notifying all motorists as to the speed limit and displaying the words "construction work".

(b) Any person who violates any posted speed restriction or traffic restriction at such construction site referred to in subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars or incarcerated in a county or regional jail not more than twenty days, or both.
(c) Nothing in this section shall be construed to preclude prosecution of any operator of a motor vehicle who commits a violation of any other provision of this code for such violation.
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