H. B. 2383
(By Delegates Michael, Warner, Osborne,
Bennett and Kallai)
[Introduced February 7, 1995; referred to the
Committee on Roads and Transportation.]
A BILL to amend article four, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-b, relating to designation of snow emergency routes.
Be it enacted by the Legislature of West Virginia:
That article four, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-b to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-3b. Snow emergency routes.
(a) "Snow tires" defined. -- In this section, "snow tires"
means those tires that are in a good state of repair and that:
(1) Comply with motor vehicle inspection laws as set forth
in sections one through nine, article sixteen, chapter
(2) Are normally designated by their manufacturer as snow
(3) Are approved by the commissioner of the department of
motor vehicles as meeting the standards of effectiveness required
of normally designated snow tires; or
(4) Have antiskid patterns cut into the treaded surfaces to
form bars, buttons or blocks or equipped with studs specially
designed to give effective traction on snow or ice-covered
(b) Designation of snow emergency routes. -- The state
department of transportation, division of highways may designate,
as it considers appropriate, any state highway, as defined in
section thirty-five, article one, chapter seventeen-c, as a "snow
emergency route." When a highway is so designated, appropriate
signs indicating this designation shall be placed along the highway.
(c) Declaration of snow emergency. -- The superintendent of
state police or his or her representative after consultation with
the commissioner of the division of highways or his or her
designated representative or upon notification of a division of
highways code yellow or code red as defined in the division of
highways administrative rules may declare a snow emergency for
all snow emergency routes as a whole or for any one or more snow
emergency routes, as he or she considers necessary. The snow
emergency shall continue in effect until the superintendent or
his or her representative confers with the commissioner of the
division of highways or his or her designated representative and
declares it to be no longer necessary.
(d) Travel on snow emergency routes. -- A person may not
drive or attempt to drive a motor vehicle on any highway that is
designated and appropriately sign posted as a snow emergency
route and for which a snow emergency has been declared and is in
effect, unless the vehicle is equipped with chains or snow tires
or all season radial tires on at least one wheel at each end of
a driving axle.
(e) Parking on snow emergency routes. -- A person may not
park a vehicle on any highway that is designated and
appropriately sign posted as a snow emergency route and for which
a snow emergency has been declared and is in effect unless:
(1) The vehicle is owned and operated or sub-contracted by
the division of highways for the purpose of snow or debris
removal, or treating of highways with abrasives or chemicals; or
(2) Is an emergency vehicle as defined in section
seventeen-c, article one, chapter six, stopped in response to an
emergency call or in the performance of their duties. The state
police or the law enforcement agency of any political subdivision
of this state or any employee of the division of highways duly
authorized by the commissioner may have any vehicle towed from
the highway at the owners expense. Any person in violation of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not to exceed one hundred dollars.
NOTE: The purpose of this bill is to allow the State
Department of Transportation, Division of Highways to designate
snow emergency routes.
Section three-b, article four, chapter seventeen is new;
therefore, strike-throughs and underscoring have been omitted.