Senate Bill No. 249

(By Senators Anderson, Wagner, Sharpe, Yoder, Dittmar,

Deem, Love, Dugan, Manchin, Whitlow, Miller, Helmick,

Buckalew, Ross, Schoonover, Bailey and Oliverio)


[Introduced January 29, 1996;

referred to the Committee on Transportation.]


A BILL to amend and reenact section three, article twelve, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the stopping of certain vehicles at all railroad grade crossings; and removing exceptions.

Be it enacted by the Legislature of West Virginia:
That section three, article twelve, 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:

§17C-12-3. Certain vehicles must stop at all railroad grade crossings.

(a) The driver of any motor vehicle carrying passengers for hire, or of any bus, or of any vehicle required to be placarded under 49 CFR part 172 carrying explosive substances, flammable liquids or hazardous materials as a cargo or part of a cargo, or of any vehicle owned by an employer which, in carrying on such employer's business or in carrying employees to and from work, is carrying more than six employees of such employer, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.
(b) No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.
(c) This section shall not apply at street railway grade crossings within a business or residence district.
(d) (c) Any person driving a vehicle that requires a commercial driver's license who fails to comply with the requirements of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined one hundred dollars or imprisoned for not more than ten days. The commissioner shall promulgate rules to further penalize those convicted of violating this section by levying three points against the violator's driver's license record: Provided, That if the electric or mechanical signal device is malfunctioning, this subsection shall not apply.