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Introduced Version House Bill 2779 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2779


(By Delegates Reynolds, Craig, Morgan and
Stephens)

[Introduced February 24, 2009; referred to the
Committee on Roads and Transportation then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-10B-1, relating to the regulation and operation of low-speed vehicles.

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 article, designated §17C-10B-1, to read as follows:
ARTICLE 10B. OPERATION OF LOW SPEED VEHICLES.
§17C-10B-1. Definitions; requirements; operating standards.

(a) Notwithstanding any other provision in this code to the contrary, a low-speed vehicle may be operated upon a highway in the state if it meets the requirements of this article. Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other motor vehicle except as to the special regulations in this section and except as to those provisions which by their nature can have no application.
(b) The operator of a low-speed vehicle shall observe all traffic laws and local ordinances regarding the rules of the road. A low-speed vehicle shall not be operated on a street or a highway with a posted speed limit greater than thirty-five miles per hour. The provisions of this subsection shall not prohibit a low-speed vehicle from crossing a street or highway with a posted speed limit greater than thirty-five miles per hour.
(c) A low-speed vehicle shall be exempt from the requirements of article three, chapter seventeen-a of this code for purposes of titling and registration. Low-speed vehicles shall comply with the standards in 49 CFR §571.500 (2007).
(d) Every operator of a low-speed vehicle shall maintain financial responsibility on such low-speed vehicle as required by article two-a, chapter seventeen-d of this code if the low-speed vehicle is to be operated upon the highways of this state.
(e) Each person operating a low-speed vehicle on a highway in this state shall possess a valid driver's license issued pursuant to article two, chapter seventeen-b of this code.
(f) For purposes of this section a "low-speed vehicle" shall have the meaning ascribed to it in 49 CFR, §571.3 (2007).
(g) All low-speed vehicles shall be manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles in 49 CFR §571.500 (2007).
(h) Nothing in this section prevents counties or municipalities from adopting more stringent local ordinances governing low-speed vehicle operation if the governing body of the county or municipality determines that such ordinances are necessary in the interest of public safety. The Commissioner of Highways may prohibit the operation of low-speed vehicles on any highway under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.



NOTE: The purpose of this bill is to permit and regulate the operation of low-speed vehicles.

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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