Introduced Version
Senate Bill 123 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 123
(By Senators Bailey, Minard and Barnes)
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[Introduced January 17, 2007; referred to the Committee on
Transportation and Infrastructure.]
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A BILL to amend
the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-7-14, relating
to traffic regulations; prohibiting driving in the passing
lane of a highway where the speed limit is sixty-five miles
per hour or more unless passing other vehicles, turning left
or unless the volume of traffic does not permit the vehicle to
safely merge into the nonpassing lane; and providing a
misdemeanor penalty for violations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-7-14
, to read as
follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-14. Driving in passing lane.
(a) A person may not drive a motor vehicle in the passing lane
of a highway if the speed limit is sixty-five miles per hour or
more unless such person is passing other motor vehicles that are in
a nonpassing lane, turning left, or unless the volume of traffic
does not permit the motor vehicle to safely merge into a nonpassing
lane.
(b) For the purposes of this section:
(1) "Nonpassing lane" means any lane that is to the right of
the passing lane if there are two or more adjacent lanes of traffic
moving in the same direction in one roadway.
(2) "Passing lane" means the farthest to the left lane if
there are two or more adjacent lanes of traffic moving in the same
direction in one roadway; except that if such left lane is
restricted to high occupancy vehicle use or is designed for left
turns only, the passing lane is the lane immediately to the right
of such high occupancy lane or left turn lane.
(c) Any person who violates this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined fifty
dollars and court costs.
NOTE: The purpose of this bill is to prohibit a person from
driving in the passing lane of a highway if the speed limit is
sixty-five miles per hour unless the person is passing other
vehicles, turning left or the volume of traffic does not permit the
vehicle to safely merge into the nonpassing lane; and providing a
misdemeanor penalty for violations.
§17C-7-14 is new; therefore, strike-throughs and underscoring
have been omitted.