H. B. 2366
(By Delegates Ennis, Yost, Long,
Swartzmiller, Kominar and Tucker)
[Introduced February 15, 2005; referred to the
Committee on Roads and Transportation then the Judiciary .]
A BILL to amend and reenact §17C-6-1 of the Code of West Virginia,
1931, as amended, relating to speed limits generally and
authorizing the commissioner of the Division of Highways to
establish speed limits lower than twenty-five miles per hour.
Be it enacted by the Legislature of West Virginia:
That §17C-6-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted 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 authorized in this section is lawful, but any speed
in excess of the limits specified in this subsection or established
as authorized in this section is unlawful. The following speed
limits apply:
(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 the
school grounds and extending one hundred twenty-five feet along the
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 Division of Highways;
(2) Twenty-five miles per hour in any business or residence
district: Provided, That the commissioner may set a speed limit at
less than twenty-five miles per hour as provided in sections two and
three of this article; and
(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 a 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) 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 the 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 the
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 in the
presence of one or more children, 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.
(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 shows that the motor vehicle was being operated at ten
miles per hour or less above the speed limit, then, upon conviction
thereof, that person shall be fined not more than five dollars, plus
court costs.
(h) Any person operating a commercial motor vehicle engaged in
the transportation of coal on the coal resource transportation road
system who violates subsection (a), (b) or (c) of this section
shall, upon conviction, be subject to fines in triple the amount otherwise provided in subsection (e) of this section.
(i) 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 shows that the motor vehicle was being operated at
ten miles per hour or less above the speed limit, then
notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on the conviction shall not be transmitted to the division
of motor vehicles: 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.
(j) 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 the 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 shows that the motor vehicle was
being operated at ten miles per hour or less 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 the 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 allow the Commissioner
of Motor Vehicles to set lower speed limits in certain
circumstances.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.