Senate Bill No. 436

(By Senators Macnaughtan, Wooton,

Bailey,
Buckalew and Kessler)
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[Introduced February 9, 1998; referred to the Committee
on Transportation.]
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A BILL to amend article six, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections three-b and three-c, all relating to slow-moving vehicles; requiring a slow-moving vehicle to pull off the highway under certain circumstances where five or more vehicles are following that vehicle; penalty for noncompliance; and permitting a slow-moving vehicle to drive on an improved highway shoulder under certain circumstances when that vehicle is allowing overtaking vehicles to pass.

Be it enacted by the Legislature of West Virginia:
That article six, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections three-b and three-c, all to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.

§17C-6-3b. Slow moving vehicle to pull off roadway.
(a) On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow moving vehicle, behind which five or more vehicles are formed in a line, shall turn off the roadway wherever sufficient area for a safe turn-out exists, in order to permit the vehicles following to proceed. As used in this section a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
(b) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty as set forth in subsection (c), section three-a of this article.
§17C-6-3c. Slow-moving vehicle permitted to drive on improved shoulders.
(a) The commissioner and local authorities are authorized to determine those portions of any two-lane highways under their respective jurisdictions on which drivers of slow-moving vehicles may safely drive onto improved shoulders for the purpose of allowing overtaking vehicles to pass and may by appropriate signs indicate the beginning and end of such zones.
(b) Where signs are in place to define a driving-on-shoulder
zone as set forth in subsection (a) of this section, the driver of a slow-moving vehicle may drive onto and along the shoulder within the zone but only for the purpose of allowing overtaking vehicles to pass and then shall return to the roadway.
(c) Signs erected to define a driving-on-shoulder zone take
precedence over pavement markings for the purpose of allowing the
movements described in subsection (b) of this section.

NOTE: The purpose of this bill is to require a slow-moving vehicle to pull off the highway under certain circumstances where five or more vehicles are following that vehicle. The bill further permits a slow-moving vehicle to drive on an improved highway shoulder under certain circumstances when that vehicle is allowing overtaking vehicles to pass.

Sections three-b and three-c are new; therefore, strike-throughs and underscoring have been omitted.