Introduced Version
House Bill 2126 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2126
(By Delegates Staggers and Ferro)
[Introduced February 13, 2013; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17C-13-5 of the Code of West Virginia,
1931, as amended, relating to the removal of vehicles from
state highways in order to restore traffic movement in
emergency situations; and providing that the vehicle's owner
is liable for the costs of removal and storage.
Be it enacted by the Legislature of West Virginia:
That §17C-13-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-5. Removal of vehicles parked, etc., on controlled-
access highway highways in emergencies; liability
for costs of removal and storage; liens for towing
and storage.
Whenever a vehicle has been stopped, parked or left standing upon any part of a controlled-access highway or constitutes an
obstruction to the restoration of traffic flow as the result of an
accident or other emergency, any police officer or employee of the
state road commission Division of Highways, duly authorized by the
commissioner, may remove or order the removal of the vehicle, by
towing or otherwise, to the nearest available established garage or
parking lot for storage until called for by the owner or his or her
agent. The owner shall be liable for the reasonable cost of such
removal and storage, and until payment of such the cost the garage
or parking lot operator may retain possession of the vehicle
subject to a lien for the amount due. The garage or parking lot
operator may enforce his or her lien for towing and storage in the
manner provided in section fourteen, article eleven, chapter
thirty-eight of this code for the enforcement of other liens.
NOTE: The purpose of this bill is to provide a clear zone in
the event that a vehicle is stopped along a highway or impedes the
flow of traffic in emergency situations. The bill permits the
removal of vehicles from state highways in order to restore traffic
movement in emergency situations. The bill also provides that the
vehicle's owner is liable for the costs of removal and storage.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.