Senate Bill No. 423
(By Senator Bailey)
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[Introduced March 2, 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 §16-13A-8a, relating
to requiring public service districts to comply with roadside
construction posting and safety standards.
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 §16-13A-8a, to read as
follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE,
STORMWATER AND GAS SERVICES.
§16-13A-8a. Construction safety requirements.
(a) At each and every location where public service district
construction work is to be conducted a sign shall be posted at
least one thousand feet from the construction site, or as close to
one thousand feet from the construction site as is practicable
given the location of the site when workers are present, notifying all motorists as to the speed limit and displaying the words
"construction work."
(b) Any person who exceeds any posted speed restriction or
traffic restriction at a construction site referred to in
subsection (a) of this section by less than fifteen miles per hour
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars.
(c) Any person who exceeds any posted speed restriction or
traffic restriction at a construction site referred to in
subsection (a) of this section by fifteen miles per hour or more is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars or confined in jail not
more than twenty days, or both.
(d) Nothing in this section shall be construed to preclude
prosecution of any operator of a motor vehicle who commits a
violation of any other provision of this code for such violation.
Each Public Service District Board shall ensure that public
service construction site safety standards along roads, streets and
highways comply with the provisions of article three, chapter
seventeen-c of this code.
NOTE: The purpose of this bill is to
require public service
districts to comply with roadside construction posting and safety
standards.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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