H. B. 2064


(By Delegate Smirl)

[Introduced February 14, 2001; referred to the

Committee on Roads and Transportation then Finance.]





A BILL to amend and reenact section one, article seventeen, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section two, article twenty-three, chapter seventeen-c of said code, all relating to exempting vehicles in funeral processions from the payment of tolls on toll roads or bridges.

Be it enacted by the Legislature of West Virginia:

That section one, article seventeen, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section two, article twenty-three, chapter seventeen-c of said code be amended and
reenacted, all to read as follows:
CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 17. TOLL BRIDGES.

§17-17-1. Tolls prohibited except over toll bridges forming part of public road, etc.

(a) No tolls shall may be charged or collected for travel upon any of the public roads, streets or highways of this state, except such tolls as may be that are authorized under the provisions of this article for travel over a toll bridge forming a part of such the public road, street or highway.
(b) Notwithstanding any provision of this code to the contrary, tolls may not be charged or collected for travel upon any of the public roads, streets, highways or bridges of this state for any vehicle in a funeral procession.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

ARTICLE 23. FUNERAL PROCESSIONS.
§17C-23-2. Funeral procession right-of-way; funeral escort vehicles; funeral lead vehicles; exemption from tolls.

(a) Regardless of any traffic control device or right-of-way provisions prescribed by state or local ordinance, pedestrians and operators of all vehicles, except as stated in subsection (c) of this section, shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle.
(b) When the funeral lead vehicle lawfully enters an intersection, either by reason of a traffic control device or at the direction of law-enforcement personnel, the remaining vehicles in the funeral procession may follow through the intersection regardless of any traffic control devices or right-of-way provisions prescribed by state or local law.
(c) Funeral processions have the right-of-way at intersections regardless of traffic control devices subject to the following conditions and exceptions:
(1) Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible or visible signal;
(2) Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer; and
(3) Operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession.
(d) Notwithstanding any provision of this code to the contrary, tolls may not be charged or collected for travel upon any of the public roads, streets, highways or bridges of this state for any vehicle in a funeral procession.




NOTE: The purpose of this bill is to exempt vehicles in funeral processions from the payment of tolls on toll roads or bridges.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.