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SB101 SUB1 Senate Bill 101 History

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SB101 SUB1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 101

(By Senator Hunter)

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[Originating in the Committee on Transportation and Infrastructure; reported March 1, 2005.]

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A BILL to amend and reenact §17C-3-5 of the Code of West Virginia, 1931, as amended, relating to allowing a county commission or municipality to request the Commissioner of Highways to designate and operate, during certain times, a traffic control signal as a flashing signal.

Be it enacted by the Legislature of West Virginia:
That §17C-3-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.

§17C-3-5. Traffic control signal legend.

Whenever traffic is controlled by traffic control signals exhibiting the words "go", "caution" or "stop", or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(a) Green alone or "go":
(1) Vehicular traffic facing the signal, except when prohibited under section two, article twelve of this chapter, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(b) Yellow alone or "caution" when shown following the green or "go" signal:
(1) Vehicular traffic facing the signal is thereby warned that the red or "stop" signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "stop" signal is exhibited.
(2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.
(c) Red alone or "stop":
(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "go" is shown alone except as provided in paragraphs (2) and (3) of this subdivision.
(2) A vehicle which is stopped in obedience to a red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection may cautiously make a right turn but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at said intersection, except that local authorities in their respective jurisdictions may by ordinance prohibit any such right turn against a red or "stop" signal at any intersection within such jurisdiction, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
(3) A vehicle which is stopped in obedience to a red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection on a one-way street which intersects another one-way street on which traffic moves to the left may cautiously make a left turn into said one-way street but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at said intersection, except that local authorities in their respective jurisdictions may by ordinance prohibit any such left turn against a red or "stop" signal at any intersection within such jurisdiction, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
(4) No pedestrian facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
(d) Red with green arrow:
(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(2) No pedestrian facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
(e) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
(f) The motorman of any streetcar shall obey the above signals as applicable to vehicles.
(g) For any official traffic control signal erected and maintained by the Division of Highways, the county commission or municipality of where the traffic control signal is situated may forward a written resolution requesting that the Commissioner of Highways designate and operate the traffic control signal as a flashing signal in accordance with the provisions of section seven of this article at certain times. Within thirty days of receiving such request, the Division of Highways shall review the request in accordance with the manual and specifications adopted in accordance with section one of this article and either grant the request or deny the request in writing. If the request is approved, the county commission or municipality initiating the request is responsible for the costs incurred by the Division of Highways.
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