Senate Bill No. 157
(By Senators Grubb and Yoder)
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[Introduced January 24, 1995; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact sections one and three-a,
article six, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-
one, as amended, relating to establishing speed
limitations generally; defining the misdemeanor
offense of driving in excess of the established
speed limits and providing penalties therefor;
establishing minimum speed regulations; defining
the misdemeanor offense of driving a motor vehicle
at such a slow speed as to impede traffic and
providing penalties therefor.
Be it enacted by the Legislature of West Virginia:
That sections one and 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 to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally.
(a) No person shall drive a vehicle on a highway at
a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential
hazards, then existing. In every event speed shall be so
controlled as may be necessary to avoid colliding with
any person, vehicle, or other conveyance on or entering
the highways in compliance with legal requirements and
the duty of all persons to use due care.
(b) Where no special hazard exists that requires
lower speed for compliance with subsection (a) of this
section the speed of any vehicle not in excess of the
limits specified in this section or established as
hereinafter authorized shall be lawful, but any speed in
excess of the limits specified in this section or
established as hereinafter authorized shall be unlawful.
(1) Fifteen miles per hour when passing a school
building or school grounds abutting on a road, street or
highway during school recess or while children are going
to or leaving school during opening or closing hours.
Such speed restriction shall not apply to vehicles
traveling on a controlled-access highway which is
separated from the school or school grounds by a fence or
barrier approved by the state road commissioner;
(2) Twenty-five miles per hour in any business or
residence district;
(3) Fifty-five miles per hour on open country
highways, except as otherwise provided by this chapter.
The speeds set forth in this section may be altered
as authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent
with the requirements of subsection (a), drive at an
appropriate reduced speed when approaching and crossing
an intersection or railway grade crossing, when
approaching and going around a curve, when approaching a
hill crest, when traveling upon any narrow or winding
roadway, and when special hazard exists with respect to
pedestrians or other traffic or by reason of weather or
highway conditions.
(d) The speed limit on controlled-access highways
and interstate highways, where no special hazard exists
that requires a lower speed, shall in no event be lower
than fifty-five miles per hour and the speed limits
specified in subsection (b) hereof shall not apply.
(e) 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.
§17C-6-3a. Minimum speed regulations.
(a) No person shall drive a motor vehicle at such a
slow speed as to impede the normal and reasonable
movement of traffic except when reduced speed is
necessary for safe operation or in compliance with law.
(b) Whenever the commissioner or local authorities
within their respective jurisdiction determine on the
basis of an engineering and traffic investigation that
slow speeds on any part of the highway consistently
impede the normal and reasonable movement 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.
NOTE: The purpose of this bill is to eliminate jail
sentences for first and second offenses of violating
speed limitations or minimum speed regulations.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.