COMMITTEE SUBSTITUTE
FOR
H. B. 2266
(By Delegates Damron, Tillis, Pettit, Dempsey,
Hubbard, Coleman and H. White)
(Originating in theCommittee on the Judiciary)
[February 9, 1999]
A BILL to amend and reenact section three, article seven, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section seven, article fourteen of said chapter, all
relating to removing the requirement of blowing a vehicle
horn when passing another vehicle or driving on a highway
where a curve obstructs the view within a distance of two
hundred feet; and penalties.
Be it enacted by the Legislature of West Virginia:
That section three, article seven, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section seven,
article fourteen of said chapter be amended and reenacted, all to
read as follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-3. Overtaking and passing vehicle proceeding in same
direction -- Passing on the left generally.
(a)The following rules shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject to
these limitations, exceptions, and special rules hereinafter
stated.
(a)(1)The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall give an audible signal and
pass to the left thereof at a safe distance and shall not again
drive to the right side of the roadway until safely clear of the
overtaken vehicle.
(b)(2)Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle on audible signal
and shall not increase the speed of his or her vehicle until
completely passed by the overtaking vehicle.
(b)
Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-7. Driving on mountain highways.
(a)The driver of a motor vehicle traveling through defiles
or canyons or on mountain highways shall hold such motor vehicle
under control and as near the right-hand edge of the highway as
reasonably possible. and, upon approaching any curve where the
view is obstructed within a distance of two hundred feet along
the highway, shall give audible warning with the horn of such
motor vehicle
(b)
Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars; upon a second conviction
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.