Senate Bill No. 584
(By Senator Plymale)
____________
[Introduced February 19, 1999;
referred to the Committee on Transportation.]
____________
A BILL to amend article one, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
sixty-four; and to amend article twelve of said chapter by
adding thereto a new section, designated section seven-a,
all relating to establishing safety requirements for
passenger vans and buses; defining "passenger van";
requiring certain equipment on passenger vans and creating
exception thereto; establishing requirements for motorists
relating to yielding to passenger vans or buses;
establishing requirements for drivers of the passenger vans
or buses; and creating criminal penalties for violating the
provisions of this article.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated sixty-four;
and that article twelve of said chapter be amended by adding
thereto a new section, designated section seven-a, all to read as
follows:
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17C-1-64. Passenger van.
"Passenger van" means any van or other motor vehicle owned
by any agency, business or other legal entity and operated for
the purpose of transportation of persons, other than a taxicab,
bus, van or school bus utilized for private use.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7a. Signs and warning lights or alternative warning devices upon passenger vans or buses; overtaking and passing passenger van or bus; penalties.
(a) Every passenger van and bus used for the transportation
of persons, as defined in article one of this chapter, shall bear
upon the front and rear thereof a plainly visible sign containing the warning "Caution: Loading and Unloading Passengers" in
letters not less than six inches in height. Every such van or
bus shall also either be equipped with flashing warning signal
lights as are contemplated and referred to in section eight of
this article, or a red caution flag which the driver or some
other adult must use by exiting the van or bus and displaying
while assisting in the loading or unloading of passengers.
(b) The driver of a vehicle upon meeting or overtaking from
any direction any passenger van or bus which has stopped for the
purpose of loading or unloading passengers shall stop the vehicle
before reaching the passenger van or bus when there is in
operation on the passenger van or bus flashing warning signal
lights or when an adult is outside the passenger van or bus with
a red caution flag and assisting with the loading or unloading of
passengers. The driver of a vehicle may not proceed until the
passenger van or bus resumes motion, or is signaled by the
passenger van or bus driver to proceed or the visual signals are
no longer actuated. This section applies wherever the passenger
van or bus is loading or unloading passengers, including, but not
limited to, any street, highway, parking lot, private road or
driveway: Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing
a passenger van or bus which is on a different roadway or
adjacent to the highway and where pedestrians are not permitted
to cross the roadway. Any driver acting in violation of this
subsection is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than fifty nor more than two
hundred dollars, or imprisoned in the county or regional jail not
more than six months, or both fined and imprisoned. If the
identity of the driver cannot be ascertained, then any owner or
lessee of the vehicle in violation of this subsection is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than twenty-five nor more than one hundred dollars:
Provided, however, That the conviction may not subject the owner
or lessee to further administrative or other penalties for the
offense, notwithstanding other provisions of this code to the
contrary.
NOTE: The purpose of this bill is to establish safety
standards for passenger vans and buses utilized for the transport
of persons by businesses, agencies and other entities.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.