H. B. 2628

(By Delegate Buchanan)
[Introduced January 14, 1998; referred to the
Committee on Roads and Transportation.]

A BILL to amend and reenact section three, article thirteen, chapter seventeen-c, of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to traffic regulations and prohibiting vehicles from stopping, standing or parking along any highway right-of-way except in emergencies.

Be it enacted by the Legislature of West Virginia:
That section three, article thirteen, 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-13-3. Stopping, standing or parking prohibited in specified places.
(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within fifteen feet of a fire hydrant;
(5) In a properly designated fire lane;
(6) On a crosswalk;
(7) Within twenty feet of a crosswalk at an intersection;
(8) Within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
(9) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(10) Within fifty feet of the nearest rail of a railroad crossing;
(11) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance (when properly signposted);
(12) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(13) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(14) On any bridge or other elevated structure on a highway or within a highway tunnel;
(15) At any place where official signs prohibit stopping;
(16) Within twenty feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if the parking interferes with or causes delay in the carrier's schedule;
(17) On any controlled-access highway;
(18) At any place on any highway or along any highway right-of-way where the safety and convenience of the traveling public is thereby endangered: Provided, That this prohibition shall not apply to vehicles which have, through mechanical problems or otherwise, encountered an emergency situation: Provided, however, That no vehicle shall be left standing along a highway right-of-way for more than twelve hours.
(b) No person shall move a vehicle not lawfully under his or her control into any prohibited area or away from a curb such distance as is unlawful.

NOTE: The purpose of this bill is to prohibit stopping, standing or parking along highway right-of-ways. The bill further provides for an emergency exception.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.