Senate Bill No. 172
(By Senators Kessler, Ball, Dittmar, Hunter, Oliverio, Snyder,
Wooton and Deem)
__________
[Introduced January 21, 1999;
referred to the Committee on the Judiciary.]
A BILL to amend and reenact section one, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to speed limitations;
providing a jail penalty for third or subsequent convictions
of violating the speed limit by fifteen miles per hour or
more; and providing a jail penalty for conviction of violating
the speed limit in a school zone by fifteen miles per hour or
more.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, all to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally; penalty.
(a) No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing
conditions and the actual and potential hazards. 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 is lawful, but any speed
in excess of the limits specified in this subsection or established
as hereinafter authorized is unlawful.
(1) Fifteen miles per hour in a school zone during school
recess or while children are going to or leaving school during
opening or closing hours. A school zone is all school property
including school grounds and any street or highway abutting such
school grounds and extending one hundred twenty-five feet along
such street or highway from the school grounds. The speed
restriction does 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
division of highways;
(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) of this section, 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 be not less than fifty-five miles per hour and
the speed limits specified in subsection (b) of this section do 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: Provided
further,
That any person who violates subdivision (1), subsection
(b) of this section is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars, or shall be fined not
less than one hundred dollars nor more than five hundred dollars
and confined in jail for not more than six months, or both, for a
violation of said subdivision after having been previously
convicted for one or more violations of said subdivision which occurred within the preceding two-year period. Unless otherwise
provided in this section, 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; upon a
second conviction within one year thereafter, shall be fined not
more than two hundred dollars; and, upon a third or subsequent
conviction within two years thereafter, shall be fined not more
than five hundred dollars; Provided, That if such third or
subsequent conviction is based upon a violation of the provisions
of this section where the offender exceeded the speed limit by
fifteen miles per hour or more, then upon conviction, shall be
fined not more than five hundred dollars or confined in the county
or regional jail for not more than six months, or both.
(f) Any person who violates the provisions of subdivision (1),
subsection (b) of this section is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars: Provided, That if such
conviction is based upon a violation of the provisions of
subdivision (1), subsection (b) of this section where the offender
exceeded the speed limit by fifteen miles per hour or more, then
upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars or confined in the regional or
county jail for not more than six months, or both.
(f) (g) If an owner or driver is arrested under the provisions
of this section for the offense of driving above the posted speed
limit on a controlled-access highway or interstate highway, and if
the evidence shall show that the motor vehicle was being operated
at less than ten miles per hour above said speed limit, then, upon
conviction thereof, such person shall be fined not more than five
dollars, plus court costs.
If an owner or driver is convicted under the provisions of
this section for the offense of driving above the speed limit on a
controlled-access highway or interstate highway of this state, and
if the evidence shall show that the motor vehicle was being
operated at less than ten miles per hour above said speed limit,
then notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on such conviction shall not be transmitted to the
division of motor vehicles.
(g) (h) If an owner or driver is convicted in another state
for the offense of driving above the maximum speed limit on a
controlled-access highway or interstate highway, and if the maximum
speed limit in such other state is less than the maximum speed limit for a comparable controlled-access highway or interstate
highway in this state, and if the evidence shall show that the
motor vehicle was being operated at less than ten miles per hour
above what would be the maximum speed limit for a comparable
controlled-access highway or interstate highway in this state, then
notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on such conviction shall not be transmitted to the
division of motor vehicles, or, if transmitted, shall not be
recorded by the division, unless within a reasonable time after
conviction, the person convicted has failed to pay all fines and
costs imposed by the other state: Provided, That the provisions of
this subsection do not apply to conviction of owners or drivers who
have been issued a commercial driver's license as defined in
chapter seventeen-e of this code, if the offense was committed
while operating a commercial vehicle.
NOTE:The purpose of this bill is to eliminate the jail
penalty for speeding less than fifteen miles per hour over the
speed limit and to provide a jail penalty for speeding in a school
zone fifteen miles per hour or more over the speed limit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended by the Joint Standing Committee on
the Judiciary for introduction and passage at the 1999 legislative session.
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