Senate Bill No. 703
(By Senators Redd, Wooton, Ball, Dittmar, Hunter, McCabe, Minard,
Mitchell, Oliverio, Ross, Snyder, Deem and McKenzie)
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[Originating in the Committee on the Judiciary;
reported March 4, 1999.]
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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 certain
vehicles used to transport children; defining "passenger van";
requiring certain warning signs and equipment on passenger
vans; establishing requirements for motorists meeting or
overtaking passenger vans; and establishing criminal
penalties.
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 children under the age of eighteen
years, other than a van utilized for private use, taxicab, bus or
school bus. Passenger vans include, but are not limited to,
vehicles used by daycare centers, after-school centers and nursery
schools.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7a. Signs and warning lights or alternative warning devices
upon passenger vans; passing passenger van; criminal
penalties.
(a) Every passenger van used for the transportation of
children, as defined in section sixty-four, 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 passenger van shall be equipped with either 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 passenger van and displaying
while assisting in the loading or unloading of passengers. Such
vehicles may also be equipped with a white flashing strobotron
warning light that meets the requirements set forth in subsection
(e), section twenty-six, article fifteen of this chapter.
(b) The driver of a vehicle upon meeting or overtaking from
any direction any passenger van which has stopped for the purpose
of loading or unloading passengers shall stop his or her vehicle
before reaching the passenger van when there is in operation on the
passenger van flashing warning signal lights or when an adult is
outside the passenger van with a red caution flag and assisting
with the loading or unloading of passengers. The driver of a
vehicle may not proceed until he or she is signaled by the
passenger van driver to proceed, the passenger van flashing signal
lights are no longer actuated, or the passenger resumes motion.
This section applies wherever the passenger van is loading or
unloading children on 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 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.
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(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.)