H. B. 4531
(By Delegate Warner)
[Introduced February 23, 1998; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section three, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to when
municipalities may lower the twenty-five mile per hour speed
limit in residential areas.
Be it enacted by the Legislature of West Virginia:
That section three, 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-6-3. When local authorities may alter speed limits.
(a) At intersection. -- Whenever local authorities within
their respective jurisdictions determine upon the basis of an
engineering and traffic investigation that the speed permitted
under this chapter at any intersection is greater than is
reasonable or safe under the conditions found to exist at such
intersection, such local authority subject to subsection (d) (e)
of this section shall determine and declare a reasonable and safe speed limit thereat, which shall be effective at all times or
during hours of daylight or darkness or at such other times as
may be determined when appropriate signs giving notice thereof
are erected at such intersection or upon the approaches thereto.
(b) Authority to increase twenty-five mile limit. -- Local
authorities in their respective jurisdictions may in their
discretion, but subject to subsection (d) (e) of this section,
authorize by ordinance higher speeds than those stated in section
one of this article upon through highways or upon highways or
portions thereof where there are no intersections or between
widely spaced intersections, which higher speed shall be
effective at all times or during hours of daylight or at such
other times as may be determined when signs are erected giving
notice of the authorized speed, but local authorities shall not
have authority to modify or alter the basic rule set forth in
subsection (a), of section one of this article or in any event to
authorize by ordinance a speed in excess of fifty-five miles per
hour.
(c) Authority to decrease fifty-five mile limit. -- Whenever
local authorities within their respective jurisdictions determine
upon the basis of an engineering and traffic investigation that
the speed under this chapter upon open country highway outside a
business or residence district is greater than is reasonable or
safe under the conditions found to exist upon such street or
highway, the local authority may determine and declare a
reasonable and safe limit thereon but in no event less than
thirty-five miles per hour and subject to subsection (d) (e) of this section, which reduced limit shall be effective at all times
or during hours of darkness or at other times as may be
determined when appropriate signs giving notice thereof are
erected upon such street or highway.
(d) Authority to decrease twenty-five mile limit. -- A
municipality may in its discretion, but subject to subsection (e)
of this section, authorize by ordinance lower speeds than those
stated in subdivision (2), subsection (b), section one of this
article upon local dedicated rights-of-way in a residential
district or portions thereof, which lower speed shall be
effective at all times or during hours of daylight or at such
other times as may be determined when signs are erected giving
notice of the authorized speed.
(d) (e) Alteration of limits on state highways in
municipalities. -- Alteration of limits on state highways or
extensions thereof in a municipality by local authorities shall
not be effective until such alteration has been approved by the
state road commission commissioner of highways.
NOTE: The purpose of this bill is to define when
municipalities may lower the twenty-five mile per hour speed
limit in residential areas.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.