Senate Bill No. 272
(By Senators Ross, Redd, Caldwell, Kessler, Love, Oliverio, Rowe,
Facemyer and McKenzie)
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[Originating in the Committee on Transportation;
reported March 1, 2001.]
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A BILL to amend and reenact section sixty-four, article one,
chapter seventeen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section seven-a, article twelve of said chapter, all relating
to excluding certain vehicles carrying children to medical
facilities from the definition of "passenger van".
Be it enacted by the Legislature of West Virginia:
That section sixty-four, article one, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section seven-a, article twelve of said chapter be amended and reenacted, all to
read as follows:
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17C-1-64. Passenger van.
"Passenger van" means any van or other motor vehicle owned by
any agency, business or other legal entity and operated for the
purpose of transportation of children under the age of eighteen
years, other than a van utilized for private use, taxicab, bus or
school bus. Passenger vans include, but are not limited to,
vehicles used by day-care centers, after-school centers and nursery
schools: Provided, That any van or other vehicle which is utilized
for the specific purpose of transporting children to medical
facilities for the purpose of medical or dental treatment and which
loads and unloads the children on private property, making no stops
for loading or unloading along the state roads or highways, is
excluded from the definition of "passenger van" pursuant to this
section.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7a. Signs and warning lights or alternative warning
devices upon passenger vans; passing passenger van; criminal
penalties.
(a) Every passenger van used for the transportation of children, as defined in section sixty-four, article one of this
chapter, shall bear upon the front and rear thereof a plainly
visible sign containing the warning "Caution: Loading and
Unloading Passengers" in letters not less than six inches in
height. Every such passenger van shall be equipped with either
flashing warning signal lights as are contemplated and referred to
in section eight of this article, or a red caution flag which the
driver or some other adult must use by exiting the passenger van
and displaying while assisting in the loading or unloading of
passengers. Such vehicles may also be equipped with a white
flashing strobotron warning light that meets the requirements set
forth in subsection (e), section twenty-six, article fifteen of
this chapter.
(b) The driver of a vehicle, upon meeting or overtaking from
any direction any passenger van which has stopped for the purpose
of loading or unloading passengers, shall stop his or her vehicle
before reaching the passenger van when there is in operation on the
passenger van flashing warning signal lights or when an adult is
outside the passenger van with a red caution flag and assisting
with the loading or unloading of passengers. The driver of a
vehicle may not proceed until he or she is signaled by the
passenger van driver to proceed, the passenger van flashing signal lights are no longer actuated, or the passenger van resumes motion.
This section applies wherever the passenger van is loading or
unloading children on any street, highway, parking lot, private
road or driveway: Provided, That the driver of a vehicle upon a
controlled access highway need not stop upon meeting or passing a
passenger van which is on a different roadway or adjacent to the
highway and where pedestrians are not permitted to cross the
roadway. Any driver acting in violation of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty nor more than two hundred dollars or
imprisoned in the county or regional jail not more than six months,
or both fined and imprisoned. If the identity of the driver cannot
be ascertained, then any owner or lessee of the vehicle in
violation of this subsection is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than twenty-five nor
more than one hundred dollars: Provided, however, That the
conviction may not subject the owner or lessee to further
administrative or other penalties for the offense, notwithstanding
other provisions of this code to the contrary.
(c) A
ny van or other vehicle which is utilized for the
specific purpose of transporting children to medical facilities for
the purpose of medical or dental treatment and which loads and unloads the children on private property, making no stops for
loading or unloading along the state roads or highways, is excluded
from the definition of "passenger van" pursuant to section sixty-
four, article one of this chapter.
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(NOTE: The purpose of this bill is to exclude from the
definition of "passenger van" any vehicles carrying children to
medical facilities for the purpose of medical treatment which do
not stop to load or unload on state roadways.
Strike-throughs indicate language that would be stricken and
underscoring indicates language which would be added.)
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