H. B. 2967
(By Delegate Butcher)
[Introduced February 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three-a, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
sections one, eleven and twelve, article seven of said
chapter, all relating to prohibiting impediments to normal
flow of traffic; and providing for minor criminal penalties
in the event of violations involving the impediment of
normal traffic flow.
Be it enacted by the Legislature of West Virginia:
That section three-a, article six, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that sections one,
eleven and twelve, article seven of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-3a. Minimum speed regulations.
(a) No person shall drive a motor vehicle at such a slow
speed as to impede
or obstruct the
normal and reasonable movement
prevailing flow of traffic except when reduced speed is necessary
for safe operation or in compliance with law.
(b) Whenever the commissioner
of highways or local
authorities within their respective jurisdiction determine on the
basis of
an a uniform engineering and traffic investigation
in
accordance with established traffic engineering principles that
slow speeds on any part of the highway consistently impede
or
obstruct the
normal and reasonable movement prevailing flow of
traffic, the commissioner or such local authority may determine
and declare a minimum speed limit below which no person shall
drive a vehicle except when necessary for safe operation or in
compliance with law.
(c) Any person who violates the provisions of this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars:
Provided, That any
person who violates the provisions of this section after having
been previously convicted under the provisions of this section
for a prior offense which occurred within the preceding one-year
period, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than two hundred dollars:
Provided,
however, That any person who violates the provisions of this section after having been previously convicted under the
provisions of this section for two or more prior offenses which
occurred within the preceding two-year period, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars or confined in jail for not more than
six months, or both.
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-1. Driving on right side of roadway; exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding
in the same direction under the rules governing such movement;
(2) When the right half of a roadway is closed to traffic
while under construction or repair;
(3) Upon a roadway divided into three marked lanes for
traffic under the rules applicable thereon; or
(4) Upon a roadway designated and signposted for one-way
traffic.
(b) Upon all roadways
any every vehicle
proceeding at less
than the normal speed of traffic at the time and place and under
the conditions then existing shall be driven in the right-hand
lane then available for traffic, or as close as practicable to
the right-hand curb or edge of the roadway, except:
(1) When overtaking and passing another vehicle proceeding in the same
direction;
or (2) when preparing for a left turn at an
intersection or into a private road or driveway;
(3) when
yielding to a vehicle entering a multilane highway; (4) when
necessary in an emergency or for safe operation to avoid a road
hazard.
(c) On a highway where passing is unsafe because of traffic
in the opposite direction or other conditions, the driver of a
slow-moving vehicle, including a passenger car, shall turn off
the roadway at the nearest place designated as a turnout by
signs, as may be erected by the authority having jurisdiction
over the highway, or wherever a sufficient area for a safe
turnout exists in order to permit the vehicles following it to
proceed. If the shoulder of the highway to the right of the
overtaken vehicle is wide enough and is in a condition allowing
safe travel, the driver of the overtaken vehicle may drive onto
the shoulder and proceed at a safe speed until passed.
As used in this subsection, a "slow-moving vehicle" is a
vehicle which is proceeding at a rate of speed less than the
normal flow of traffic at the particular time and place, which is
not following another vehicle within a distance of less than or
equal to twice the minimum lawful following distance, which is
not traveling in a funeral procession behind three or more
vehicles formed in line or any school bus behind which one or more vehicles are following after the bus stops for the purpose
of receiving or allowing passengers to disembark and resumes
motion.
(d) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than
two-hundred dollars; and, upon a third or subsequent conviction,
shall be fined not more than five hundred dollars.
§17C-7-11. Driving on divided highways.
(a) Whenever any highway has been divided into two roadways
by leaving an intervening space or by a physical barrier or
clearly indicated dividing section so constructed as to impede
vehicular traffic, every vehicle shall be driven only upon the
right-hand roadway and no vehicle shall be driven over, across,
or within any such dividing space, barrier or section, except
through an opening in such physical barrier or dividing section
or space or at a crossover or intersection established by public
authority.
(b) It is unlawful to fail to give way to overtaking traffic
when driving a vehicle to the left and abreast of another vehicle
on a divided highway or any highway with more than one lane in
the same direction. On audible or light signal, the driver of
the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can
safely do so.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and, upon a third or subsequent conviction,
shall be fined not more than five hundred dollars.
§17C-7-12. Controlled-access roadway -- Driving onto or from.
(a) No person shall drive a vehicle onto or from any
controlled-access roadway except at such entrances and exits as
are established by public authority.
(b) Any person who drives a vehicle on a controlled access
highway at a speed so slow as to impede the forward movement of
traffic proceeding immediately behind him or her, shall use
alternate routes whenever possible.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and, upon a third or subsequent conviction,
shall be fined not more than five hundred dollars.
NOTE: The purpose of this bill is to clarify statutory
language relating to impeding the normal flow of traffic on public highways and make the provisions necessary to better
effectuate prohibitions against impeding the normal flow of
traffic on the highways of this state. The bill also creates
minor criminal penalties for violations of its provisions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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