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.