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Introduced Version Senate Bill 161 History

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Senate Bill No. 161

(By Senators Bailey, Love, Helmick, Edgell, Dempsey,

Plymale, Kessler, Hunter, Chafin, Yoder and Barnes)

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[Introduced February 11, 2005; referred to the Committee

on Transportation and Infrastructure.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-7-14, relating to traffic regulations; prohibiting driving in the passing lane of a highway where the speed limit is sixty-five miles per hour or more unless passing other vehicles, turning left or unless the volume of traffic does not permit the vehicle to safely merge into the nonpassing lane; and providing a misdemeanor penalty for violations.

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 section, designated §17C-7-14
, to read as follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.

§17C-7-14. Driving in passing lane.
(a) A person may not drive a motor vehicle in the passing lane of a highway if the speed limit is sixty-five miles per hour or more unless such person is passing other motor vehicles that are in a nonpassing lane, turning left, or unless the volume of traffic does not permit the motor vehicle to safely merge into a nonpassing lane.

(b) For the purposes of this section:
(1) "Nonpassing lane" means any lane that is to the right of the passing lane if there are two or more adjacent lanes of traffic moving in the same direction in one roadway.
(2) "Passing lane" means the farthest to the left lane if there are two or more adjacent lanes of traffic moving in the same direction in one roadway; except that if such left lane is restricted to high occupancy vehicle use or is designed for left turns only, the passing lane is the lane immediately to the right of such high occupancy lane or left turn lane.
(3) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined fifty dollars and court costs.



NOTE: The purpose of this bill is to prohibit a person from driving in the passing lane of a highway if the speed limit is sixty-five miles per hour unless the person is passing other vehicles, turning left or the volume of traffic does not permit the vehicle to safely merge into the nonpassing lane; and providing a misdemeanor penalty for violations.

§17C-7-14 is new; therefore, strike-throughs and underscoring have been omitted.
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