H. B. 2073
(By Delegate Kelley)
[Introduced January 13, 1999; referred to the
Committee on Roads and Transportation then the
Judiciary.]
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 a new section, designated section
ten, relating to providing a speed limit, applicable to
semitractor trailers, of five miles per hour slower than any
existing speed limit on all highways in the state; providing
the authority to set lower speeds on highways subject to
control by the superintendent of the state police, unless
preempted by a federally funded program in which another
governmental agency is delegated with the responsibility.
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 a new section, designated section ten, to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-10. Speed limitations for semitractor trailers; authority
to set lower speed limits vested with superintendent of state police; exception.
(a) On all highways in the state with posted or otherwise
designated existing speed limits the commissioner of the division
of highways shall additionally post or otherwise designate a
speed limit applicable to semitractor trailers which is five
miles per hour slower than the existing speed limit.
(b) The superintendent of state police is hereby vested with
authority to set lower speed limits on any highway subject to the
jurisdiction of the state police in this state. The
superintendent shall exercise sound discretion in altering any
existing speed limitations, taking into consideration any
currently existing dangerous or undesirable condition on any
state highway, including, but not limited to, its proximity to
persons, places or things, its condition, the steepness of its
grade, its particular dimensional measurements, the nature of
traffic that most frequently travels its course, and the degree
of sharpness of any curve existing on its course: Provided, That
in the event any federally funded program exists designating
another governmental agency as having responsibility for setting speed limitations or where any other federal preemption of
authority or jurisdiction exists on any highway, the
superintendent shall refrain from exercising the authority
granted by this subsection.
NOTE: The purpose of this bill is to provide a speed limit,
applicable to semitractor trailers, of five miles per hour slower
than any existing speed limit on all highways in the state. It
also gives authority to set lower speeds on highways subject to
control by the State Police to the Superintendent of the State
Police, unless preempted by a federally funded program in which
another governmental agency is delegated with the responsibility.
This section is new; therefore, strike-throughs and
underscoring have been omitted.