COMMITTEE SUBSTITUTE
FOR
H. B. 4497
(By Delegates Stemple, Mezzatesta and Williams)

(Originating in the Committee on the Judiciary)

[March 6, 1998]

A BILL to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to exempting from civil liability drivers who transport impaired persons home.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nineteen, to read as follows:

ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-19. Transporting impaired persons; immunity from civil liability.
Any driver of a motor vehicle who without remuneration transports a person the driver believes in good faith to be substantially impaired by alcohol or a controlled substance or drug, is exempt from civil liability to the person being transported, arising out of any injury or death resulting from the transportation, to the extent of any amount in excess of liability insurance coverage available for the driver's liability: Provided, That the limitation of liability applies only if the driver's purpose for the transportation was to prevent the impaired person from operating a motor vehicle: Provided, however, That the limitation of liability set forth in this section does not apply if the driver is himself or herself impaired at the time of the transportation or if the injury or death is the proximate result of the gross negligence or the willful, wanton or reckless misconduct or the intentional act of the driver.