COMMITTEE SUBSTITUTE
FOR
H. B. 4323
(By Delegates
Armstead, Lane and Walters
)
(Originating in the Committee on the Judiciary)
[February 26, 2010]
A BILL to amend and reenact §17C-7-9 of the Code of West Virginia,
1931, as amended, relating to
driving on roadways laned for
traffic; defining proper use of designated left turn lanes on
three and five lane roads;
prohibiting use of center turning
lanes for through traffic under certain circumstances;
clarifying the permitted usage of center lane for three and
five lane roads; providing criminal
penalty.
Be it enacted by the Legislature of West Virginia:
That §17C-7-9 of the Code of West Virginia, 1931, as
amended,be amended and reenacted to read as follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-9. Driving on roadways laned for traffic; penalty.
(a) Whenever any roadway has been divided into two or more
clearly marked lanes for traffic the following rules in addition to
all others consistent
herewith shall with this section apply:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and
shall may not be moved from
such
that lane until the driver has first ascertained that
such the
movement can be made with safety.
(2) Upon a roadway which is divided into three
or five lanes,
a vehicle the following shall apply:
(A)
shall not be driven in In instances where the center lane
which is clearly marked as a left turn lane,
the vehicle shall not
be driven in the left turn lane except in preparation for
making a
left turn,
slowing down for the purpose of making a left turn, or
stopping and reentering the traffic flow after making a left turn.
Under no circumstances may the vehicle travel for more than 800
feet in a designated center turn lane, either in anticipation of
making a left turn, or in reentering the flow of traffic after
making a left turn.
(B) In instances or where
such the center lane is
at the time
allocated exclusively to traffic moving in a single direction in
which the vehicle is proceeding and is clearly signposted to give
notice of
such the allocation,
the ordinary rules of the road apply
to vehicles proceeding in the direction of the designated traffic
flow, according to the posted signage.
(3) Official signs may be erected directing slow-moving
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of the
center of the roadway and drivers of vehicles shall obey the
directions of every such sign.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $100; upon a second conviction within one year
thereafter, shall be fined not more than $200; and upon a third or
subsequent conviction, shall be fined not more than $500.
NOTE: The purpose of this bill is to prohibit use of turning
lanes for through traffic under certain circumstances.
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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