Senate Bill No. 202
(By Senators Wiedebusch and Macnaughtan)
[Originating in the Committee on the Judiciary;
reported February 2, 1995.]
A BILL to amend and reenact section one, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the imposition of
criminal penalties for violation of posted speed limits in
school zones; and defining a school zone.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally; penalties for violation
of speed limits in school zones.
(a) No person may drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. In every event
speed shall be so controlled as may be necessary to avoid
colliding with any person, vehicle or other conveyance on or
entering the highways in compliance with legal requirements and
the duty of all persons to use due care.
(b) Where no special hazard exists that requires lower speed
for compliance with subsection (a) of this section the speed of
any vehicle not in excess of the limits specified in this section
or established as hereinafter authorized is lawful, but any speed
in excess of the limits specified below in this subsection or
established as hereinafter authorized is unlawful.
(1) Fifteen miles per hour in a school zone during school
recess or while children are going to or leaving school during
opening or closing hours. A school zone is all school property
including a school building or school grounds abutting on a road,
street or highway. Such speed restriction does not apply to
vehicles traveling on a controlled-access highway which is
separated from the school or school grounds by a fence or barrier
approved by the state road commissioner. Any person who violates
this subdivision is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one hundred dollars nor
more than five hundred dollars or incarcerated in a county or regional jail for not less than ten days nor more than six months
or both fined and incarcerated;
(2) Twenty-five miles per hour in any business or residence
(3) Fifty-five miles per hour on open country highways,
except as otherwise provided by this chapter.
The speeds set forth in this section may be altered as
authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent with the
requirements of subsection (a) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway and when special
hazard exists with respect to pedestrians or other traffic or by
reason of weather or highway conditions.
(d) The speed limit on controlled-access highways and
interstate highways, where no special hazard exists that requires
a lower speed, shall be no lower than fifty-five miles per hour
and the speed limits specified in subsection (b) hereof do not