Senate Bill No. 6
(By Senator Bailey)
[Introduced January 11, 1995; referred to the Committee on
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 traffic
regulations, laws of the road; speed restrictions;
designating a minimum speed limit for the passing lane on
interstate highways; and providing a misdemeanor penalty for
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.
(a) No person shall drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the conditions and
having regard to the actual and potential hazards, then existing.
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 shall be lawful, but any
speed in excess of the limits specified in this section or
established as hereinafter authorized shall be unlawful.
(1) Fifteen miles per hour when passing a school building or
school grounds abutting on a road, street or highway during
school recess or while children are going to or leaving school
during opening or closing hours. Such speed restriction shall
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;
(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 in no event be lower than fifty-five miles per hour and the speed limits specified in subsection (b)
of this section shall not apply: Provided, That the minimum
speed for driving in the left lane, or passing lane, on an
interstate highway shall be fifty-five miles per hour. Any
person who violates this minimum speed limit 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 establish a minimum
speed limit of 55 miles per hour for driving in the left hand or
passing lane on interstate highways. It provides a fine of
$50.00 for violations, plus court costs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.