H. B. 4289
(By Delegate Reynolds)
[Introduced February 2, 2010; 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 may 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 do 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 is 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" has 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.