H. B. 2951
(By Delegates Sobonya, Eldridge, Hutchins,
Stowers, Sumner, Rowan, Schadler, Hunt,
C. Miller, Barker and Ross)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §17C-12-7 of the Code of West Virginia,
1931, as amended, relating to increasing the penalties for
overtaking and passing a school bus stopped for the purpose of
receiving and discharging children.
Be it enacted by the Legislature of West Virginia:
That §17C-12-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7. Overtaking and passing school bus; penalties; signs
and warning lights upon buses; removal of warning
lights, lettering, etc., upon sale of buses;
highways with separate roadways; limitation on
idling.
(a) The driver of a vehicle, upon meeting or overtaking from
either direction any school bus which has stopped for the purpose of receiving or discharging any school children, shall stop the
vehicle before reaching the school bus when there is in operation
on the school bus flashing warning signal lights, as referred to in
section eight of this article, and the driver
shall may not proceed
until the school bus resumes motion, or is signaled by the school
bus driver to proceed or the visual signals are no longer actuated.
This section applies wherever the school bus is receiving or
discharging children including, but not limited to, any street,
highway, parking lot, private road or driveway:
Provided, That the
driver of a vehicle upon a controlled access highway need not stop
upon meeting or passing a school bus which is on a different
roadway or adjacent to the highway and where pedestrians are not
permitted to cross the roadway. Any driver acting in violation of
this subsection is guilty of a misdemeanor and, upon conviction
for
a first offense, shall be fined not less than
fifty $150 or more
than
two hundred dollars $500, or
imprisoned confined in
the county
jail not more than six months, or both fined and
imprisoned
confined. Upon conviction of a second offense of this statute, the
driver shall be fined $500, or confined in jail not more than six
months, or both fined and confined. Upon conviction of a third or
subsequent offense of this statute, the driver shall be fined $500,
and confined not less than twenty-four hours in jail but not more
than six months. If the identity of the driver cannot be
ascertained, then any owner or lessee of the vehicle in violation of this subsection is guilty of a misdemeanor and, upon conviction,
shall be fined not less than
twenty-five $50 nor more than
one
hundred dollars $200. The conviction
shall does not subject the
owner or lessee to further administrative or other penalties for
the offense, notwithstanding other provisions of this code to the
contrary.
(b) Every bus used for the transportation of school children
shall bear upon the front and rear of the bus a plainly visible
sign containing the words "school bus" in letters not less than
eight inches in height. When a contract school bus is being
operated upon a highway for purposes other than the actual
transportation of children either to or from school, all markings
on the contract school bus indicating "school bus" shall be covered
or concealed. Any school bus sold or transferred to another owner
by a county board of education, agency or individual shall have all
flashing warning lights disconnected and all lettering removed or
permanently obscured, except when sold or transferred for the
transportation of school children.
(c) The state board of education shall write a policy
governing the idling of school buses.
NOTE: The purpose of this bill is to increase the fine for
overtaking and passing a school bus stopped for the purpose of
receiving or discharging children.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.