Senate Bill No. 434
(By Senator Dittmar)
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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]
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A BILL 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, relating to
traffic fines; and requiring that traffic fines be doubled
when a court finds a person guilty of a moving traffic
violation in a construction zone when workers are present.
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 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.
(a) The driver of any vehicle shall obey the traffic-control
instructions of persons authorized by the
state road commissioner
of highways or by proper local authorities to operate traffic-
control devices, act as
flagmen flagpersons, or operate
follow-vehicles vehicles engaged in authorized work at or near the site
of street or highway construction or 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 shall be guilty of a misdemeanor.
(b) If a court finds a person guilty of a moving traffic
violation committed at or near the site of a street or a highway
construction or maintenance area where people are performing
authorized work, the judge or magistrate shall fine the violator
twice the amount of the fine generally authorized for a person
found guilty of committing a moving traffic violation.
NOTE: The purpose of this bill is to charge a person found
guilty of committing a moving traffic violation near a roadway
construction or maintenance site twice the amount of the fine
generally charged for the moving traffic violation.
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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