Senate Bill No. 109

(By Senators Bailey and Dugan)

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[Introduced January 14, 1998; referred to the Committee
on Transportation.]
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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; designating a minimum speed limit for the passing lane on interstate highways; and providing a misdemeanor penalty for violations.

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.

ยง17C-6-1. Speed limitations generally; penalties for violation of speed limits in school zones.
(a) No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. 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 is lawful, but any speed in excess of the limits specified in this subsection or established as hereinafter authorized is unlawful.
(1) Fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours. A school zone is all school property including school grounds and any street or highway abutting such the school grounds and extending one hundred twenty-five feet along such the street or highway from the school grounds. The speed restriction does 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 district;
(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 be not less than fifty-five miles per hour and the speed limits specified in subsection (b) of this section do not apply: Provided, That the minimum speed for driving in the left hand, 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.
(e) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars: Provided, That any person who violates the provisions of this section after having been previously convicted under the provisions of this section for a prior offense which occurred within the preceding one-year period, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars: Provided, however, That any person who violates the provisions of this section after having been previously convicted under the provisions of this section for two or more prior offenses which occurred within the preceding two-year period, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in jail for not more than six months, or both: Provided further, That any person who violates subdivision (1), subsection (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or shall be fined not less than one hundred dollars nor more than five hundred dollars and confined in jail for not more than six months, or both, for a violation of said this subdivision after having been previously convicted for one or more violations of said this subdivision which occurred within the preceding two-year period.
(f) If an owner or driver is arrested under the provisions of this section for the offense of driving above the posted speed limit on a controlled-access highway or interstate highway, and if the evidence shall show shows that the motor vehicle was being operated at less than ten miles per hour above said the speed limit, then, upon conviction thereof, such the person shall be fined not more than five dollars, plus court costs.
If an owner or driver is convicted under the provisions of this section for the offense of driving above the speed limit on a controlled-access highway or interstate highway of this state, and if the evidence shall show shows that the motor vehicle was being operated at less than ten miles per hour above said the speed limit, then notwithstanding the provisions of section four, article three, chapter seventeen-b of this code, a certified abstract of the judgment on such the conviction shall may not be transmitted to the division of motor vehicles.
(g) If an owner or driver is convicted in another state for the offense of driving above the maximum speed limit on a controlled-access highway or interstate highway, and if the maximum speed limit in such the other state is less than the maximum speed limit for a comparable controlled-access highway or interstate highway in this state, and if the evidence shall show shows that the motor vehicle was being operated at less than ten miles per hour above what would be the maximum speed limit for a comparable controlled-access highway or interstate highway in this state, then notwithstanding the provisions of section four, article three, chapter seventeen-b of this code, a certified abstract of the judgment on such the conviction shall may not be transmitted to the department of motor vehicles, or, if transmitted, shall may not be recorded by the department, unless within a reasonable time after conviction, the person convicted has failed to pay all fines and costs imposed by the other state: Provided, That the provisions of this subsection do not apply to conviction of owners or drivers who have been issued a commercial driver's license as defined in chapter seventeen-e of this code, if the offense was committed while operating a commercial vehicle.


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 plus court costs for violations.

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