7
ENGROSSED

H. B. 2228


(By Delegates Douglas and Warner)

[Introduced February 15, 2001 ; referred to the

Committee on Roads and Transportation then the Judiciary.]




A BILL to repeal section eleven, article one, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section four, article six; sections six, seven and eight, article eight; sections four and five, article nine; section eight, article ten and section five, article fourteen, all of said chapter; to amend and reenact sections two, three, five, five-a, eight, thirteen, thirty-three, thirty-seven, forty, forty-two, forty-three, forty-four, forty-seven, forty-eight, fifty, fifty-one, fifty- three, fifty-four, sixty-seven, and seventy-one, article one of said chapter; to further amend said article one by adding thereto thirteen new sections, designated sections fifty- three-a, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy, seventy-one, seventy-two, seventy-three, seventy-four, seventy-five and seventy-six; to amend and reenact sections three, five and eight, article two of said chapter; to amend and reenact sections one, two, four, four-b, five, six, seven, eight and nine, article three of said chapter; to amend and reenact section fourteen, article four of said chapter; to amend and reenact sections one, two, three, three-a, five, six, seven, eight and nine, article six of said chapter; to further amend said article by adding thereto a new section, designated section five-a; to amend and reenact sections one, three, four, five, six, seven, eight, nine, ten, eleven, twelve and thirteen, article seven of said chapter; to amend and reenact sections one, two, three, four and five, article eight of said chapter; to amend and reenact sections one, two and three, article nine of said chapter; to amend and reenact sections two, three, four and six, article ten of said chapter; to further amend said article by adding thereto two new sections, designated sections eight and nine; to amend and reenact sections one, two, three, four, five and six, article eleven of said chapter; to further amend said article by adding thereto seven new sections, designated sections eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen; to amend and reenact sections one, two, three, four, five, six and eight, article twelve of said chapter; to amend and reenact sections one, two, three and four, article thirteen of said chapter ; to amend and reenact sections one, two, four, seven, eight, nine and ten, article fourteen of said chapter ; and to further amend said article by adding thereto seven new sections, designated sections fourteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty, all relating to traffic violations; redefining several existing terms; defining several new terms; correcting certain division references; conforming the uniform system with federal guidelines; updating references to highways; eliminating archaic language; redefining traffic control designations; specifying who may assume command at an accident scene; adopting a specific manual for uniform system; defining certain signal indications for both drivers and pedestrians; prohibiting commercial advertising on any traffic control device; repealing speed limits on vehicles not designed for carrying passengers; adding speed limits in certain instances; adding additional terms as to devices that may be used as evidence prohibiting specific types of races; eliminating the audible signal requirement when passing; redefining when passing is permissible; prohibiting following too closely in certain instances; redefines who is prohibited on controlled- access highways; clarifying turning, starting and signaling in stopping and turning instances; redefining various types of rights-of-way and the duties to yield thereunder; clarifying pedestrians rights and duties; prohibiting pedestrians from being on a portion of a highway who is under the influence of drugs or alcohol if their actions create a hazard for drivers; prohibiting standing on a highway for soliciting employment, business or contributions; redefining certain provisions relating to bicycle riders; limiting backing upon a controlled access highway shoulder or roadway; prohibiting driving on a sidewalk; prohibiting opening door unless it's safe to do; prohibits riding in house trailers; limiting snowmobile operation on controlled-access highways and certain other conditions; requiring eye protection in certain instances if no windshield; and enumerating rights and duties of wheelchair operators.

Be it enacted by the Legislature of West Virginia:

That section eleven, article one, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section four, article six; sections six, seven and eight, article eight; sections four and five, article nine; section eight, article ten; and section five, article fourteen, all of said chapter be repealed; that sections two, three, five, five-a, eight, thirteen, thirty-three, thirty-seven, forty, forty-two, forty-three, forty-four, forty-seven, forty-eight, fifty, fifty-one, fifty-three, fifty-four, sixty-seven and seventy-one, article one of said chapter be amended and reenacted; that said article be further amended by adding thereto thirteen new sections, designated sections fifty-three-a, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy, seventy-one, seventy-two, seventy-three, seventy-four, seventy-five and seventy-six; that sections three, five and eight,
article two of said chapter be amended and reenacted; that sections one, two, four, four-b, five, six, seven, eight and nine, article three of said chapter be amended and reenacted; that section fourteen, article four of said chapter be amended and reenacted; that sections one, two, three, three-a, five, six, seven, eight and nine, article six of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section five-a; that sections one, three, four, five, six, seven, eight, nine, ten, eleven, twelve and thirteen, article seven of said chapter be amended and reenacted; that sections one, two, three, four and five, article eight of said chapter be amended and reenacted; that sections one, two and three, article nine of said chapter be amended and reenacted; that sections two, three, four and six, article ten of said chapter be amended and reenacted; that said article be further amended by adding thereto two new sections, designated sections eight and nine; that sections one, two, three, four, five and six, article eleven of said chapter be amended and reenacted; that said article be further amended by adding thereto seven new sections, designated sections eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen; that sections one, two, three, four, five, six and eight, article twelve of said chapter be amended and reenacted; that sections one, two, three and four, article thirteen of said chapter be amended and reenacted; that sections one, two, four, seven, eight, nine and ten, article fourteen, of said chapter be amended and reenacted; and that said article be further amended by adding thereto seven new sections, designated sections fourteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty, all to read as follows:
ARTICLE 1. WORDS AND PHRASES DEFINED.

§17C-1-2. Vehicle.

"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

§17C-1-3. Motor vehicle.

"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. " Motor vehicle" does not mean human powered vehicles and motorized wheelchairs.

§17C-1-5. Motor-driven cycle.

"Motor-driven cycle" means every motorcycle, motor scooter, or motorized bicycle having a piston displacement of more than fifty cubic centimeters but not more than one hundred fifty cubic centimeters, or with not more than five brake horsepower.

§17C-1-5a. Moped.

"Moped" means every motorcycle or motor-driven cycle, unless otherwise specified in this chapter, which is equipped with two or three wheels, foot pedals to permit muscular propulsion and with an
independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall must be fifty cubic centimeters regardless of the number of chambers in such the power source. The power source shall must be capable of propelling the vehicle, unassisted, at a speed not to exceed thirty miles per hour on a level road surface and shall must be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.
§17C-1-8. Bicycle.

"Bicycle" means every device which does not have a motor attached and which is propelled by human power upon which any person may ride, having two tandem wheels. either of which is more than twenty inches in diameter "Bicycle" does not mean scooter and similar devices.

§17C-1-13. Bus.

"Bus" means every motor vehicle designed for carrying more than seven passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation with a manufacturer's rated seating capacity of eleven or more passengers, including the driver.

§17C-1-33. Police officer.
"Police officer" means every officer authorized to direct or regulate traffic or to make arrests or issue citations for violations of traffic regulations laws or ordinances.
§17C-1-37. Roadway.
"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalks, berm or shoulder, even though the sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to means any such roadway separately but not to all such roadways collectively.
§17C-1-40. Through highway.
"Through highway" means every highway or portion thereof on which vehicular traffic is given preferential right-of-way and at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter yield the right-of-way to vehicles on the through highway.
§17C-1-42. Intersection.
"Intersection" includes means:
(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; and or
(b) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such the divided highway by an intersecting highway shall is to be regarded as a separate intersection. In the event such the intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such these highways shall is to be regarded as a separate intersection.
(c) "Intersection" does not mean the junction of an alley with a street or highway.
§17C-1-43. Crosswalk.
"Crosswalk" includes means:
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline.
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
§17C-1-44. Safety zone.
"Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs official traffic control devices as to be plainly visible at all times while set apart as a safety zone.
§17C-1-47. Official traffic control devices.
"Official traffic control devices" means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
§17C-1-48. Traffic-control signal.
"Traffic-control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
§17C-1-50. Traffic.
"Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel.
§17C-1-51. Right-of-way.
"Right-of-way" means the privilege of the immediate use of the highway the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
§17C-1-53. Stop or stopping.
"Stop" or "stopping," or "standing," when prohibited, means any stopping or standing halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control sign or signal device.
§17C-1-53a. Stand or standing.
"Stand" or "standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading property or passengers.
§17C-1-54. Park.
"Park," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
§17C-1-65. Alley.
"Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
§17C-1-66. Divided highway.
"Divided highway" means a highway divided into two or more roadways by leaving an intervening space, or by a physical barrier, or by a clearly indicated dividing section so constructed as to impede vehicular traffic.
§17C-1-67. Driver's license.
"Driver's license" means any permit or license issued by the state to a person which authorizes the person to drive a motor vehicle of a specific class or classes subject to any restriction or endorsement contained on the license.
§17C-1-68. Hazardous material.
"Hazardous material" has the same meaning as that found in section 103 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.)
§17C-1-69. Motor home.
"Motor home" means a motor vehicle designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van. The vehicle must contain permanently installed independent life support systems which meet the ANSI/NFPA 501C Standard, and provide at least four of the following facilities: Cooking, refrigeration or ice box, self-contained toilet, heating or air conditioning, a potable water supply system including a faucet and sink, separate 110-125 volt electrical power supply or a LP-gas supply.
The basic types are specified as follows:
Type A: A raw chassis upon which is built a driver's compartment and an entire body which provides temporary living quarters as defined in this section;
Type B: A completed van-type vehicle which has been altered to provide temporary living quarters as in this section ; or
Type C: An incomplete vehicle upon which is permanently attached a body designed to provide temporary living quarters as defined in this section .
§17C-1-70. Motorized wheelchair.
"Motorized wheelchair" means any self-propelled vehicle designed for, and used by, a person with disabilities that is incapable of a speed in excess of eight miles per hour.
§17C-1-71. Person with disabilities.
"Person with disabilities" means an individual who, as determined by a licensed physician, has a physical or mental impairment that substantially limits one or more of the major life activities of that individual, has a record of that impairment or is being regarded as having that impairment.
(a) The phrase "physical or mental impairment" means:
(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine;
(2) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities;
(3) The phrase "physical or mental impairment" includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction and alcoholism;
(4) The phrase "physical or mental impairment" does not mean homosexuality or bisexuality.
(b) The phrase "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(c) The phrase "has a record of such an impairment" means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.
(d) The phrase "is regarded as having an impairment" means:
(1) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting a limitation;
(2) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward the impairment; or
(3) Has none of the impairments defined in subsection (a) of this section but is treated by a private entity as having an impairment.
(e) The term "disability" does not mean:
(1) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders;
(2) Compulsive gambling, kleptomania or pyromania; or
(3) Psychoactive substance use disorders resulting from current illegal use of drugs.
§17C-1-72. Passenger car.
"Passenger car" means every motor vehicle designed for carrying ten passengers or less and used for the transportation of persons. "Passenger car" does not mean motorcycle and motor-driven cycle.
§17C-1-73. House trailer.
"House trailer" means:
(a) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or
(b) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection (a) of this section, but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
§17C-1-74. Human powered vehicle.
"Human powered vehicle" means every vehicle designed to be moved solely by human power.
§17C-1-75. Implement of husbandry.
"Implement of husbandry" means every vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or moved upon the highways.
§17C-1-76. Studded tire.
"Studded tire" means pneumatic tires with metal studs protruding from the tread for the purpose of providing improved traction on snow and ice covered roadways.
ARTICLE 2. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.
§17C-2-3. Enforcement of chapter; designation and bond of special officers; failure to obey police officer or special officers.

(a) It shall be is the duty of the department of public safety West Virginia state police and its members to enforce the provisions of this chapter and other laws of this state governing the operation of vehicles upon the streets and highways of this state as defined in section one, article two, chapter seventeen-b of this code, or in other designated places specifically referred to in a given section in this chapter; and it shall be is the duty of sheriffs and their deputies and of the police of cities and towns to render to the department of public safety West Virginia state police such assistance in the performance of said the duties as the superintendent of the department of public safety West Virginia state police may require of them.
(b) The West Virginia commissioner of highways is authorized to designate employees of the West Virginia department division of highways as special officers to enforce the provisions of this chapter only when such special officers are directing traffic upon bridges and the approaches to bridges which are a part of the state road system when any such bridge needs special traffic direction and the superintendent of the department of public safety West Virginia state police has informed the West Virginia commissioner of highways that he the superintendent is unable to furnish personnel for such traffic direction. The West Virginia commissioner of highways may also designate certain employees of the West Virginia division of highways serving as members of official weighing crews as special officers to enforce the provisions of article seventeen of this chapter. The West Virginia commissioner of highways shall provide a blanket bond in the amount of ten thousand dollars for all employees designated as special officers. as above provided
(c) No person shall may willfully fail or refuse to comply with a lawful order or direction of any police officer, firefighter, flagger at a highway work site, uniformed adult school crossing guard or such special officers officer invested by law with authority to direct, control or regulate traffic.
(d) No person shall may willfully fail or refuse to comply with a lawful order or direction of any special officers officer designated as such pursuant to the provisions of subsection (b) of this section.
(e) When there is an actual fire at the scene of an accident, the ranking firefighter of a department having jurisdiction may assume command. If there is no actual fire, the ranking police officer of a department having jurisdiction first arriving at the scene must assume command, unless that officer voluntarily relinquishes command to another officer at the scene. All other persons at the scene, including, but not limited to, emergency service personnel, must obey the lawful order of the firefighter or police officer in command.
(f) A police officer at the scene of an accident has the authority to control crowds of persons, restore order, open lanes of traffic by causing vehicles to be moved, direct traffic, investigate the cause of the accident and control the clearing of the scene.
(g) Flaggers directing traffic at highway construction or maintenance sites must use devices and procedures conforming to the system of traffic control devices adopted in conformance with section one, article three of this chapter.
 §17C-2-5. Authorized emergency vehicles.
(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property are not thereby endangered;
(4) Disregard regulations governing direction of movement of turning in specified directions.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted flashing lamp as authorized by section twenty-six, article fifteen of this chapter which is visible under normal atmospheric conditions from a distance of five hundred feet to the front of such the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a warning light visible from in front of the vehicle.
(d) The foregoing provisions shall do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall do such these provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
§17C-2-8. Powers of local authorities.
(a) The provisions of this chapter shall may not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
(1) Regulating the standing or parking of vehicles;
(2) Regulating traffic by means of police officers or traffic control devices;
(3) Regulating or prohibiting processions or assemblages on the highways;
(4) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
(5) Regulating the speed of vehicles in public parks;
(6) Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances at such the intersection;
(7) Restricting the use of highways as authorized in section twelve, article seventeen of this chapter;
(8) Regulating the operation of bicycles and requiring the registration and licensing of same bicycles, including the requirement of a registration fee;
(9) Regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;
(10) Altering the speed limits as authorized herein;
(11) Adopting such other traffic regulations as are specifically authorized by this chapter.
(b) No local authority shall may permit any parking on any state highway, or erect or maintain any stop sign or traffic control device at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the state road commissioner of highways. Any such approval may be withdrawn by a notice in writing from the state road commissioner of highways.
(c) No ordinance or regulation enacted under subdivisions subdivision (4), (5), (6), (7) or (10) of subsection (a) of this section shall be is effective until signs giving notice of such the local traffic regulations are posted upon or at the entrance to the highway or part thereof affected as may be most appropriate.
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-1. Adoption of manual and specifications for uniform system of traffic control devices.

The state road commission division of highways shall adopt a manual and specifications for a uniform system of traffic control devices consistent with the provisions of this chapter for use upon highways within this state. Such The uniform system shall is to correlate with and so far as possible conform to the system then current as approved by the American Association of State Highway Officials set forth in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and other standards issued or endorsed by the Federal Highway Administration.
§17C-3-2. Placing and maintaining traffic control devices and signs on state highways.

(a) The state road commission division of highways shall place and maintain such traffic control devices, conforming to its manual and specifications, upon all state highways as it shall deem considers necessary to indicate and to carry out the provisions of this chapter or to regulate, warn or guide traffic.
(b) No local authority shall may place or maintain any traffic control device upon any highway under the jurisdiction of the state road commission division of highways except by the latter's permission.
§17C-3-4. Obedience to traffic control devices; official signs to be in proper position, etc.; penalty.

(a) The driver of any vehicle and the operator of any streetcar shall must obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(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.
(c) No provision of this chapter for which official traffic control devices signs are required shall may be enforced against an alleged violator if at the time and place of the alleged violation an official sign device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs official traffic control devices are required, such the section shall be is effective even though no signs the devices are erected or in place.
(d) Whenever official traffic control devices are placed or held in position approximately conforming to the requirements of this code, the devices are presumed to have been so placed or held by the official act or direction of lawful authority, unless the contrary is established by competent evidence.
(e) Any official traffic control device placed or held pursuant to the provisions of this code and purporting to conform to the lawful requirements pertaining to the devices are presumed to comply with the requirements of this code, unless the contrary is established by competent evidence.
§17C-3-4b. Traffic violations in construction zones posting requirement; criminal penalty.

(a) At each and every location where street or highway construction work is to be conducted a sign shall must be posted at least one thousand feet from the construction work site, or as close to one thousand feet from the construction work site as is practicable given the location of the site when workers are present, notifying all motorists as to the speed limit and displaying the words "construction work zone."
(b) Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in subsection (a) of this section by less than fifteen miles per hour is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars.
(c) Any person who exceeds any posted speed restriction or traffic restriction at a construction work site referred to in subsection (a) of this section by fifteen miles per hour or more is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred dollars or confined in a county or regional jail not more than twenty days, or both fined and imprisoned.
(d) Nothing in this section shall may be construed to preclude prosecution of any operator of a motor vehicle who commits a violation of any other provision of this code for such the violation.
§17C-3-5. Traffic-control signal legend.
Whenever traffic is controlled by traffic-control signals exhibiting the words "go,""caution" or "stop," or exhibiting different colored lights or colored lighted arrows successively one at a time or with arrows, the following in combination only the colors only green, red, and yellow shall are to be used except for special pedestrian signals carrying a legend and said terms and the lights shall must indicate and apply to drivers of vehicles and pedestrians as follows:
(a) Green alone or "go" indication:
(1) Vehicular traffic facing the a circular green signal, except when prohibited under section two, article twelve of this chapter, may proceed straight through or turn right or left unless a sign at such that place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such the signal is exhibited.
(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may enter the intersection only to make the movement indicated by the arrow, or any other movement as is permitted by other indications shown at the same time. The vehicular traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(3) Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(b) Yellow alone or "caution" when showing following the Green or "go" signal Steady yellow indication:
(1) Vehicular traffic facing the a steady circular yellow or yellow arrow signal is thereby warned that the red or "stop" signal related green movement is being terminated or that a red indication will be exhibited immediately thereafter. and such vehicular traffic shall not enter or be crossing the intersection when the red or "stop" signal is exhibited
(2) Pedestrians facing such a steady circular yellow or yellow arrow signal unless otherwise directed by a pedestrian-control signal are thereby advised that there is insufficient time to cross the roadway, before a red indication is shown and any a pedestrian then may not then starting to cross the roadway. shall yield the right-of-way to all vehicles
(c) Red alone or "stop" Steady red indication:
(1) Vehicular traffic facing the a steady circular red signal alone shall must stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall must remain standing until green or "go" an indication to proceed is shown alone except as provided in paragraphs subdivisions (2) and (3) of this subdivision subsection. (c)
(2) A vehicle which is stopped in obedience to a facing any steady red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection, may cautiously enter the intersection to turn right or turn left from a one-way street into a one-way street after stopping as required. After stopping, the driver must yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. The driver must yield the right-of-way to pedestrians within the intersection or an adjacent crosswalk. make a right turn but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at said intersection, except that Upon streets under their jurisdiction, local authorities on the basis of an engineering and traffic investigation in their respective jurisdictions may prohibit by ordinance prohibit any such right turn against a red or "stop" signal at any intersection within such jurisdiction, which ordinance shall be is effective when a sign is erected at such the intersection giving notice thereof.
(3) A vehicle which is stopped in obedience to a red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection on a one-way street which intersects another one-way street on which traffic moves to the left, may cautiously make a left turn into said one-way street but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at said intersection, except that local authorities in their respective jurisdictions may by ordinance prohibit any such left turn against a red or "stop" signal at any intersection within such jurisdiction, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
(4) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(3) Unless otherwise directed by a pedestrian-control signal as provided elsewhere in this chapter, pedestrians facing a steady circular red signal alone may not enter the roadway.
(d) Red with green arrow:
(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
(e) (d) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be are applicable except as to those provisions which by their nature can have no application. Any required stop required shall must be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall must be made at the signal.
(f) The motorman of any streetcar shall obey the above signals as applicable to vehicles.
§17C-3-6. Pedestrian walk and wait signals; penalty.
(a) Whenever special pedestrian-control signals exhibiting the words "walk" or "don't walk" or symbols of "walking person," or "upraised palm" "Wait" are in place such signals shall must indicate as follows:
(a) (1) Flashing or steady "walk" or "walking person." -- Pedestrians facing such the signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(b) (2) Wait Flashing or steady "don't walk" or "upraised palm." -- No pedestrian shall may start to cross the roadway in the direction of such the signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait "don't walk" or "upraised palm" signal is showing.
(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.
§17C-3-7. Flashing signals.
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(1) (a) Flashing red (stop signal). -- When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. The right to proceed shall be is subject to the rules applicable after making a stop at a stop sign.
(2) (b) Flashing yellow (caution signal). -- When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such the signal only with caution.
(c) This section is not applicable at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings is governed by the provisions as set forth in section one, article twelve, chapter seventeen-c of this code.
§17C-3-8. Display of unauthorized devices, signs, etc.; such devices, etc., declared nuisance and subject to removal.

(a) No local authority or person shall may place, maintain, or display upon or in view of any highway any unauthorized traffic-control device or traffic-control signal, or any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. and
(b) No person shall may place or maintain nor shall any public authority permit upon any highway any traffic control device bearing thereon any commercial advertising except for business signs included as a part of official motorist service panels or roadside area information panels approved by the division of highways.
(c) This shall not be deemed to prohibit The erection of signs is not prohibited if it is upon private property adjacent to highway of signs and the sign is giving useful directional information and of a type that cannot be mistaken for official signs.
(b) (d) Every such prohibited device, signal, sign or marking is hereby declared to be a public nuisance and the state road commissioner of highways or other authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
§17C-3-9. Interference with official traffic control devices or railroad signs or signals.

No person shall may without lawful authority attempt to or in fact alter, twist, deface, injure, knock down, or remove or interfere with the effective operation of any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.
ARTICLE 4. ACCIDENTS.
 §17C-4-14. Division of highways to tabulate and analyze accident
reports.
The department division of highways shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.
ARTICLE 6. SPEED RESTRICTIONS.

§17C-6-1. Speed limitations generally; penalty.
(a) No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. In every event speed shall must be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highways in compliance with legal requirements and the duty of all persons to use due care.
(b) Where no special hazard exists that requires lower speed for compliance with subsection (a) of this section, the speed of any vehicle not in excess of the limits specified in this section or established as hereinafter authorized is lawful, but any speed in excess of the limits specified in this subsection or established as hereinafter authorized is unlawful.
(1) Fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours. A school zone is all school property including school grounds and any street or highway abutting such school grounds and extending one hundred twenty-five feet along such street or highway from the school grounds. The speed restriction does not apply to vehicles traveling on a controlled-access highway which is separated from the school or school grounds by a fence or barrier approved by the division of highways;
(2) Twenty-five miles per hour in any business or residence district, except as otherwise provided by this chapter;
(3) Fifty-five miles per hour on open country highways, except as otherwise provided by this chapter.
The speeds set forth in this section may be altered as authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an a safe and appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) The speed limit on controlled-access highways and interstate highways, where no special hazard exists that requires a lower speed, shall be not less than fifty-five miles per hour and the speed limits specified in subsection (b) of this section do not apply.
(e) (d) Unless otherwise provided in this section, any person who violates 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 within two years thereafter, shall be fined not more than five hundred dollars: Provided, That if such the third or subsequent conviction is based upon a violation of the provisions of this section where the offender exceeded the speed limit by fifteen miles per hour or more, then upon conviction, shall be fined not more than five hundred dollars or confined in the county or regional jail for not more than six months, or both fined and imprisoned.
(f) (e) Any person who violates the provisions of subdivision (1), subsection (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars: Provided, That if such the conviction is based upon a violation of the provisions of subdivision (1), subsection (b) of this section where the offender exceeded the speed limit by fifteen miles per hour or more in the presence of one or more children, then upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars or confined in the regional or county jail for not more than six months, or both fined and imprisoned.
(g) (f) If an owner or driver is arrested under the provisions of this section for the offense of driving above the posted speed limit on a controlled-access highway or interstate highway, and if the evidence shall show shows that the motor vehicle was being operated at ten miles per hour or less above said speed limit, then, upon conviction thereof, such the person shall be fined not more than five dollars, plus court costs.
If an owner or driver is convicted under the provisions of this section for the offense of driving above the speed limit on a controlled-access highway or interstate highway of this state, and if the evidence shall show shows that the motor vehicle was being operated at ten miles per hour or less above said speed limit, then notwithstanding the provisions of section four, article three, chapter seventeen-b of this code, a certified abstract of the judgment on such the conviction is shall not to be transmitted to the division of motor vehicles: Provided, That the provisions of this subsection do not apply to conviction of owners or drivers who have been issued a commercial driver's license as defined in chapter seventeen-e of this code, if the offense was committed while operating a commercial vehicle.
(h) (g) If an owner or driver is convicted in another state for the offense of driving above the maximum speed limit on a controlled-access highway or interstate highway, and if the maximum speed limit in such other state is less than the maximum speed limit for a comparable controlled-access highway or interstate highway in this state, and if the evidence shall show shows that the motor vehicle was being operated at ten miles per hour or less above what would be the maximum speed limit for a comparable controlled-access highway or interstate highway in this state, then notwithstanding the provisions of section four, article three, chapter seventeen-b of this code, a certified abstract of the judgment on such the conviction shall is not to be transmitted to the division of motor vehicles, or, if transmitted, shall is not to be recorded by the division, unless within a reasonable time after conviction, the person convicted has failed to pay all fines and costs imposed by the other state: Provided, That the provisions of this subsection do not apply to conviction of owners or drivers who have been issued a commercial driver's license as defined in chapter seventeen-e of this code, if the offense was committed while operating a commercial vehicle.
 §17C-6-2. Establishment of state speed zones.
Whenever the state road commissioner of highways shall determine determines upon the basis of an engineering and traffic investigation that any maximum speed limit set forth in this article is greater or any minimum speed limit is less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, said the commissioner may determine and declare a reasonable and safe speed limit thereat which shall is to be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected at such the intersection or other place or part of the highway.
A maximum speed limit may be declared to be effective at all times or at those times as are indicated upon the signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions and other factors bearing on safe speeds, which becomes effective when posted upon appropriate fixed or variable signs.
§17C-6-3. When local authorities may alter speed limits.
(a) At intersection Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the speed permitted under this chapter at any intersection is greater than is reasonable or safe under the conditions found to exist at such intersection, such local authority subject to subsection (d) of this section shall determine and declare a reasonable and safe speed limit thereat, which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected at such intersection or upon the approaches thereto upon a highway or part of a highway under its jurisdiction, the local authority may determine and declare a reasonable and safe maximum limit thereon.
(b) Authority to increase twenty-five mile limit. -Local authorities in their respective jurisdictions may in their discretion, but subject to subsection (e) of this section, authorize by ordinance higher speeds than those stated in section one of this article upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections, which higher speed shall be effective at all times or during hours of daylight or at such other times as may be determined when signs are erected giving notice of the authorized speed, but local authorities shall not have authority to modify or alter the basic rule set forth in subsection (a) of section one of this article or in any event to authorize by ordinance a speed in excess of fifty-five miles per hour.
(b) Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all streets and shall declare a reasonable and safe maximum limit thereon which may be greater than the maximum speed permitted under this code for a business or residence district.
(c) Authority to decrease fifty-five mile limit. --Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the speed under this chapter upon open country highway outside a business or residence district is greater than is reasonable or safe under the conditions found to exist upon such street or highway, the local authority may determine and declare a reasonable and safe limit thereon but in no event less than thirty-five miles per hour and subject to subsection (e) of this section, which reduced limit shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway.
(c) Any altered limit established as authorized by this section is to be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon the street or highway.
(d) Authority to decrease twenty-five mile limit. -- A municipality may in its discretion, but subject to subsection (e) of this section, authorize by ordinance lower speeds than those stated in subdivision (2), subsection (b), section one of this article upon local dedicated rights-of-way in a residential district or portions thereof, which lower speed shall be is effective at all times or during hours of daylight or at such other times as may be determined when signs are erected giving notice of the authorized speed.
(e) Alteration of limits on state highways in municipalities. -- Alteration of limits on state highways or extensions thereof in a municipality by local authorities shall is not be effective until such the alteration has been approved by the commissioner of highways.
§17C-6-3a. Minimum speed regulations; penalty.
(a) No person shall may drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(b) Whenever the commissioner or local authorities within their respective jurisdiction determine on the basis of an engineering and traffic investigation that slow speeds on any part of the highway consistently impede the normal and reasonable movement of traffic, the commissioner or such the local authority may determine and declare a minimum speed limit below which no person shall may drive a vehicle except when necessary for safe operation or in compliance with law and that limit goes into effect when posted upon appropriate fixed or variable signs.
(c) Any person who violates 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; upon a third conviction within two years thereafter, shall be fined not more than five hundred dollars.
§17C-6-5. Special speed limitations.
(a) No person shall drive any vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten miles per hour No person may drive a vehicle which is towing a house trailer at a speed greater than the maximum speed for towing house trailers as otherwise determined by the commissioner of highways.
(b) No person shall may drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such the bridge or structure, when such the structure is signposted as provided in this section.
(c) The commissioner division of highways upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the commissioner division shall determine and declare the maximum speed of vehicles which such the structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of one hundred feet before each end of such the structure.
(d) Upon the trial of any person charged with a violation of this section, proof of said determination of the maximum speed by said commissioner division and the existence of said signs shall constitute is conclusive evidence of the maximum speed which can be maintained with safety to such the bridge or structure.
(e) 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.
§17C-6-5a. Special speed limitation on motor-driven cycles.
No person may operate any motor-driven cycle at any time mentioned in section two, article fifteen of this chapter at a speed greater than thirty-five miles per hour unless the motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead.
§17C-6-6. Charging violations; rule in civil actions.
(a) In every charge of violation of any speed regulations provisions contained in this chapter the complaint, also the summons or notice to appear, shall must specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location and in the event charge shall is also be made of violation of any other provision of this chapter, the complaint and the summons or notice to appear shall must also specify such any other offense alleged to have been committed.
(b) The provision of this chapter declaring maximum speed limitations shall must not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
§17C-6-7. Prima facie evidence of speed by technical or scientific devices.

The speed of a motor vehicle may be proved by evidence obtained by use of any technical or scientific device designed to measure and indicate or record the speed of a moving object, by means of microwaves when such the evidence is obtained by members of the department of public safety West Virginia state police, by police officers of incorporated municipalities in classes one, two and three, as defined in chapter eight-a of this code, and by the sheriff and his or her deputies of the several counties of the state. The evidence so obtained shall must be accepted as prima facie evidence of the speed of such the vehicle.
In order to inform and educate the public generally that speed of motor vehicles operating within the state is being tested by radar mechanisms, the state road commission shall locate and place suitable and informative stationary and movable signs at strategic points on and along highways in each county of the state giving notice to the public that such radar mechanisms are in use.
§17C-6-8. Racing on streets and highways prohibited; legislative findings; penalties; mandatory revocation of licenses.

The Legislature hereby determines and finds that the racing of motor vehicles on the public streets and highways of this state, whether within or in excess of the lawful speed limit (much of which racing is commonly referred to as "drag racing"), is extremely dangerous to life, limb and property, and that such racing is an ever increasing problem. It is, therefore, hereby declared to be the public policy of this state to prohibit all forms of such racing on the public streets and highways, and to provide criminal penalties for, and require the revocation of the driver's or chauffeur's license or nonresident privilege to drive, of those persons who are convicted of engaging in or aiding or abetting such racing.
(a) It shall be is unlawful for any person to engage in, or aid or abet by serving as lookout or timer or in any other capacity whatever, any speed race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration or for the purpose of making a speed record, and no person may in any manner participate in any such race, competition, contest, test or exhibition, as defined herein, on any public street or highway in this state. For the purposes of this subdivision subsection, "speed race" means includes:
(1) The operation of a motor vehicle in speed acceleration competition with another motor vehicle or motor vehicles; or "Drag race" which means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit; or
(2) The operation of a motor vehicle in speed acceleration competition against time; or "Racing" which means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.
(3) The operation of a motor vehicle in speed competition with another motor vehicle or motor vehicles where speed exceeds the lawful speed limit.
(b) Any person who violates the provisions of subdivision subsection (a) of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be punished for a first offense by a fine of not less than fifty dollars nor more than one hundred dollars, and for a second offense by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment imprisoned in the county or regional jail for not less than six days nor more than sixty days, or by both such fine and imprisonment, and for a third and each subsequent offense by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for not less than sixty days nor more than four months, or by both such fine and imprisonment. For the purposes of this section, a forfeiture of bail or collateral deposited to secure such the person's appearance in court, which forfeiture has not been vacated, shall be is equivalent to a final conviction. If at the time of any violation of the provisions of subdivision (a) of this section by any person as an operator of a motor vehicle, such the person was not entitled to operate a motor vehicle in this state because his that person's driver's or chauffeur's license, or privilege to drive in this state if such the person be is a nonresident, had earlier been suspended or revoked, then in addition to the offense, penalties and mandatory revocation provided for in this section, the provisions of section three, article four, chapter seventeen-b of this code shall be are applicable.
(c) Whenever a person is convicted for a violation of the provisions of subdivision (a) of this section, which conviction has become final, the commissioner of motor vehicles shall in addition to the penalties hereinbefore provided, forthwith:
(1) For a first offense, revoke the driver's or chauffeur's license of such the person, or such the person's privilege to drive in this state if he be that person is a nonresident, for a period of six months;
(2) For a second offense occurring within a two-year period, revoke the driver's or chauffeur's license of such the person, or such the person's privilege to drive in this state if he be the person is a nonresident, for a period of two years; or
(3) For a third or any subsequent offense occurring within a five-year period, revoke the driver's or chauffeur's license of such the person, or such the person's privilege to drive in this state if he be the person is a nonresident, for a period of five years.
Whenever a person is convicted as aforesaid for a second, third or subsequent offense which occurred while such the person's driver's or chauffeur's license, or privilege to drive in this state if he be the person is a nonresident, was revoked pursuant to the provisions of this subdivision, the period or periods of mandatory revocation for such the second, third or subsequent offense shall be cumulative and shall run consecutively. If a person's Level 2 Intermediate driver's license is revoked in accordance with the provisions of this subdivision, such the person may not apply for a regular driver's or chauffeur's license until he that person reaches eighteen years of age or until the period of revocation has elapsed, whichever event shall last occur occurs. Notwithstanding the provisions of section eight, article three, chapter seventeen-b of this code, any person whose driver's or chauffeur's license, or privilege to drive in this state if he be the person is a nonresident, is revoked, under the provisions of this subdivision, may, following the period or periods of revocation, immediately apply for and obtain a new driver's or chauffeur's license or nonresident privilege to drive, as the case may be, if and only if the commissioner of motor vehicles is satisfied, after investigation of the character, habits and driving ability of such that person, that it will be safe to permit such that person to drive a motor vehicle on the public streets and highways. Any period of revocation imposed under the provisions of this subdivision shall be computed from the date of such the revocation.
§17C-6-9. Slow-moving vehicle emblem.
(a) Except when guarded by flaggers or flashing lights that conform to the requirements of subsection (d), section nineteen, article fifteen of this chapter, all farm machinery and other machinery designed to operate at twenty-five miles per hour or less, including all road construction machinery, traveling on a public highway during day or night, must display a triangular slow-moving vehicle emblem on the rear of the vehicle.
(b) The commissioner of highways shall adopt standards and specifications for design and the position of mounting the slow- moving vehicle emblem, as well as requirements for certification of conformance. The requirements of such the emblem shall be are in addition to any lighting devices required by law.
(c) The use of this emblem shall be is restricted to the use specified in subsection (a) of this section and its use on any other type of vehicle or as a clearance marker on wide machinery or on stationary objects on the highway is prohibited.
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.

§17C-7-1. Driving on right side of roadway; exceptions; penalty.
(a) Upon all roadways of sufficient width a vehicle shall must be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2) When the right half of a roadway is closed to traffic while under construction or repair When an obstruction exists making it necessary to drive to the left of the center of the highway: Provided, That any person doing so must yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
(4) Upon a roadway designated and signposted for one-way traffic.
(b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall must be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road, alley or driveway.
(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle may be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use those lanes, or except as permitted under subdivision (2), subsection (a) of this section. However, this subsection does not prohibit the crossing of the center line in making a left turn into or from an alley, private road or driveway.
(c) (d) 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.
§17C-7-3. Overtaking and passing vehicle proceeding in same direction -- Passing on the left generally; penalty.

(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.
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and must pass to the left thereof at a safe distance and shall must not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall must give way to the right in favor of the overtaking vehicle on audible signal and shall must not increase the speed of his or her the 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.
§17C-7-4. Same -- When overtaking on the right is permitted.
(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn;
(2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles moving lawfully in each the direction being traveled by the overtaking vehicle.
(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such The movement must not be made by driving off the pavement or main- traveled portion of the roadway.
§17C-7-5. Same -- Limitations on overtaking on the left; penalty.
(a) No vehicle shall is to be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching 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.
§17C-7-6. Same -- Further limitations on driving to left of center of roadway; penalty.

(a) No It is unlawful for a vehicle to shall at any time be driven to the left side of the roadway under the following conditions:
(1) When approaching or upon the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(2) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing unless otherwise indicated by official traffic control devices;
(3) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel.
(b) The foregoing limitations shall do not apply upon a one-way roadway nor under the conditions described in subdivision (2), subsection (a), section one, article seven of this code, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
(c) 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.
§17C-7-7. Same -- No-passing zones; penalty.
(a) The commissioner of highways and local authorities are hereby authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such the zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall must obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone as set forth in subsection (a) of this section, no driver may at any time drive on the left side of the roadway within a no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.
(c) This section does not apply under the conditions described in subdivision (2), subsection (a), section one, article seven of this chapter, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
 (b) (d) 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.
§17C-7-8. One-way roadways and rotary traffic islands; penalty.
(a) The commissioner of highways and local authorities with respect to highways under their respective jurisdictions may designate any highway, or any separate roadway, under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof part of a roadway or specific lanes upon which vehicular traffic proceeds in one direction at all or such times as is indicated by official traffic control devices.
(b) Upon a roadway so designated and signposted for one-way traffic a vehicle shall must be driven only in the direction designated at all or such times as is indicated by official traffic control devices.
(c) A vehicle passing around a rotary traffic island shall must be driven only to the right of such island.
(d) 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.
§17C-7-9. Driving on roadways laned for traffic; penalty.
(a) Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall must be driven as nearly as practicable entirely within a single lane and shall must not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane which is clearly marked as a left turn lane, except in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
(2) (3) Official signs traffic control devices may be erected directing slow-moving specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign device.
(3) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles must obey the directions of every device.
(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.
§17C-7-10. Following too closely.
(a) The driver of a motor vehicle shall must not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such the vehicles and the traffic upon and the condition of the highway.
(b) It shall be unlawful for the operator of any motor truck, registered for a gross weight of more than eight thousand pounds, bus, special mobile equipment or any motor vehicle drawing another vehicle operating upon any roadway outside of a business or residence district, to follow within two hundred feet of another motor truck, bus, special mobile equipment or any motor vehicle drawing another vehicle: Provided, That this provision shall not be construed to (1) prevent overtaking and passing, (2) apply upon any lane specially designated for the use of motor trucks or combinations of vehicles, or within any section of a roadway posted or marked as a "no-passing zone," (3) apply to any convoy of vehicles of the military service of the United States or of this state and (4) apply to funeral processions.
(b) The driver of any truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another truck or motor vehicle drawing another vehicle must, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy that space without danger, except that this does not prevent a truck or motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.
(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall must be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such that space without danger. This provision shall does not apply to: (1) Funeral processions; or (2) any convoy of vehicles of the military service of the United States or of this state.
§17C-7-11. Driving on divided highways.
(a) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall must be driven only upon the right-hand roadway and unless directed or permitted to use another roadway by official traffic control devices or police officers and no vehicle shall is to be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established by public authority unless that action is specifically prohibited.
(b) The driver of a vehicle may turn left across a paved dividing space unless prohibited by an official traffic control device.
(b) (c) 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.
§17C-7-12. Restricted access; penalty.
(a) No person shall may drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
(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.
§17C-7-13. Controlled-access roadway -- Restrictions on use of controlled-access roadway.

(a) The state road commission division of highways may by resolution or order entered in its minutes and local authorities may by ordinance with respect to any controlled-access roadway under their respective jurisdictions regulate or prohibit the use of any such roadway by pedestrians, bicycles, or other nonmotorized traffic or by any person operating a motor-driven cycle any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.
(b) The state road commission division of highways or the local authority adopting any such prohibitory regulation shall must erect and maintain official signs traffic control devices on the controlled-access roadway on which such the regulations are applicable and when so erected no person shall may disobey the restrictions stated on such signs those devices.
ARTICLE 8. TURNING AND STARTING; SIGNALS ON STOPPING AND TURNING.
§17C-8-1. Required position and method of turning; penalty.
A driver intending to turn his or her vehicle must do so as follows:
(a) Right turns. -- A driver intending to turn right must approach the turn from a position as close as practicable to the right-hand curb or edge of the roadway, and keep as close as practicable to the right curb or edge of the roadway being entered.
(b) Left turns. -- A driver intending to turn left must approach the turn from the leftmost lawfully available lane. When executing a left turn through an intersection, the driver must keep to the left of center within the intersection to the extent practicable so as to avoid any vehicle approaching from the opposite direction and turning to its left, and enter the leftmost lawfully available lane on the roadway being entered.
(c) Special traffic control devices. -- The division of highways and local authorities in their respective jurisdictions are authorized to place official traffic control devices indicating a different course for turning vehicles than that specified in subsections (a) and (b) of this section. A device indicating a different course for turning takes precedence over the general turning rules of this section, and a driver must turn as indicated by the device.
(d) Two-way left turn lanes. -- Where official traffic control devices mark a special left-turn lane available to vehicles traveling in opposite directions:
(1) A driver may not turn left from any other lane; and
(2) No driver may enter a special left-turn lane unless preparing to turn left, or preparing to make a u-turn where a u-turn is lawfully permitted.
§17C-8-2. Limitations on turning around.
A driver may not turn his or her vehicle so as to proceed in the opposite direction near a curve or upon the approach to or near the crest of a grade, where the vehicle making the turn would not be visible for a distance of at least five hundred feet to the driver of another vehicle approaching from any direction; or where a sign or other official traffic control device prohibits a turn or u-turn.
§17C-8-3. Turning movements and required signals.
(a) A driver may not turn his or her vehicle from a direct course or move the vehicle left or right from a lane of traffic without first signaling the turn or movement for a distance of at least one hundred feet before turning or moving.
(b) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear, unless the necessity of avoiding a collision or another sudden danger eliminates any opportunity to give a signal.
(c) A driver may not flash a mechanical or electrical turn signal on one side only on a disabled vehicle or on one side only of a parked vehicle. A driver may not use a turn signal as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, or to signal some intention other than intention to turn or move from a direct course.
§17C-8-4. Signals to be given by hand and arm or signal device; method of giving hand-and-arm signals.

(a) A driver may signal a stop or turn by means of the hand and arm or by mechanical or electrical signal lamps, unless a vehicle is so constructed or loaded that a hand-and-arm signal would not be visible both to the front and rear of the vehicle. When the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches; when the distance from the center of the top of the steering post to the rear limit of the body or load of the vehicle or any combination of vehicles exceeds fourteen feet; or when a hand or arm signal would not otherwise be visible, then a turn or stop must be signaled by mechanical or electrical signal lamps.
(b) All required signals given by hand and arm shall be given, from the left side of the vehicle unless otherwise specifically provided herein, in the following manner:
(1) Left turn. -- Hand and arm extended horizontally.
(2) Right turn. -- Hand and arm extended upward. A person operating a bicycle may also signal a right turn by extending the right hand and arm horizontally to the right side of the bicycle.
(3) Stop or decrease speed. -- Hand and arm extended downward.
§17C-8-5. Penalties.
Any person violating any provision of this article is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or, upon a second conviction within one year, not more than two hundred dollars, or upon a third or subsequent conviction, not more than five hundred dollars.
ARTICLE 9. RIGHT-OF-WAY.
§17C-9-1. Duty to yield right-of-way to other vehicles.
(a) Any person operating a vehicle within this state shall yield the right-of-way as follows:
(1) When two vehicles on different roadways approach or enter an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield to the vehicle on the right.
(2) A driver whose vehicle arrives at an uncontrolled intersection later than a vehicle coming from another direction shall yield to the other vehicle proceeding through the intersection or turning right.
(3) A driver intending to turn left at an intersection shall yield to oncoming vehicles proceeding through the intersection or turning right.
(4) A driver entering a highway from an alley, private road, driveway, or any location other than a highway shall yield to vehicles on the highway.
(5) The driver of every other vehicle shall yield the right-of-way to any authorized emergency vehicle displaying a flashing lighted lamp, when the driver of the emergency vehicle is giving an audible signal by siren, exhaust whistle or bell.
(6) The driver of every other vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever that vehicle displays flashing lights.
§17C-9-2. Stop signs or yield signs.
A stop sign is an indication that, after having stopped, a driver has a duty to yield to any vehicle in the intersection or any vehicle approaching the intersection so closely as to constitute a hazard, and any driver shall so yield.
The driver of a vehicle approaching a yield sign shall slow to a safe speed and shall stop if required for safety. A yield sign is an indication that a driver has a duty to yield to any vehicle in the intersection or any vehicle approaching the intersection so closely as to constitute a hazard. If a driver who has driven past a yield sign is involved in a collision with a pedestrian in an adjacent crosswalk, or with a vehicle in the intersection or at a junction of roadways, the collision is prima facie evidence that the driver failed to yield the right-of-way.
§17C-9-3. Duty to yield right-of-way to pedestrians and other persons.

(a) Any person operating a vehicle within this state shall yield the right-of-way to pedestrians as follows:
Except when traffic-control signals indicate otherwise, the driver of a vehicle shall yield the right-of-way to pedestrians within a crosswalk. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle.
(b) The driver of a vehicle crossing a sidewalk shall yield the right-of-way to any pedestrian and all other traffic on the sidewalk.
(c) The driver of a vehicle shall yield the right-of-way to persons engaged in maintenance or construction work on a street or highway whenever an official traffic control device or flagger indicates that work is in progress.
(d) The driver of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.
§17C-10-2. Pedestrians' right-of-way in crosswalks; duty to yield to emergency vehicles.

(a) Except as otherwise provided in this article, a pedestrian crossing a roadway within a crosswalk at an uncontrolled intersection, or crossing a roadway within a crosswalk in accordance with traffic control devices at a controlled intersection, has the right-of-way with respect to vehicles on the roadway.
(b) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal and visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.
(c) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.
§17C-10-3. Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians may not cross at any place except in a marked crosswalk.
(d) No pedestrian may cross a roadway intersection diagonally except in accordance with official traffic control devices indicating that diagonal crossing is permitted.
§17C-10-4. Drivers to exercise due care.
Notwithstanding the foregoing provisions of this article, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway or any person propelling a human powered vehicle; and shall give warning by sounding the horn an audible signal when necessary; and shall exercise proper precaution upon observing any child or any obviously confused, or incapacitated, or intoxicated person. upon a roadway
§17C-10-6. Pedestrians on roadways; soliciting rides.
(a) Where a sidewalks are sidewalk is provided and its use is practicable, it shall be is unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where neither a sidewalks are not provided sidewalk nor a shoulder is available any pedestrian walking along and upon a highway shall when practicable walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, only on the left side of the roadway. or its shoulder facing traffic which may approach from the opposite direction
(c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle
(c) Where a sidewalk is not available, any pedestrian walking along and upon a highway must walk only on a shoulder, as far as practicable from the edge of the roadway.
(d) It is unlawful for any pedestrian who is under the influence of alcohol or any drug to such a degree that the pedestrian's actions create a hazard for drivers exercising due regard for safety, or to such a degree that the pedestrian is unable to keep to the sidewalk, shoulder, or crosswalk when required to do so, to be on any portion of a highway.
(e) No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
(f) Except as otherwise provided in this chapter, any pedestrian upon a roadway must yield the right-of-way to all vehicles upon the roadway.
§17C-10-8. Pedestrian soliciting rides or business.
(a) No person may stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.
(b) No person may stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
(c) No person may stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
 §17C-10-9. Railroad crossings.
No pedestrian may pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
ARTICLE 11. OPERATION OF BICYCLES AND PLAY VEHICLES.
§17C-11-1. Effect of regulations.
(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article.
(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
(c) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
§17C-11-2. Traffic laws apply to persons on bicycles and other human powered vehicles.

Every person propelling a vehicle by human power or riding a bicycle upon a roadway shall be granted has all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this article and except as to those provisions of this chapter which by their nature can have no application.
§17C-11-3. Riding on bicycle seats; carrying more than one person on bicycle.

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(b) No It is unlawful to use a bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped: Provided, That an adult rider may carry a child securely attached to the adult rider or to the bicycle in a back pack, sling, or child seat.
§17C-11-4. Clinging to vehicles.
(a) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall may attach the same or himself or herself to any streetcar or vehicle upon a roadway.
(b) This section does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer has been designed for such attachment.
§17C-11-5. Position on roadway.
(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction Any person operating a bicycle or a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing must ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction; or
(2) When preparing for a left turn at an intersection or into a private road or driveway; or
(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles Any person operating a bicycle or a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of the roadway as practicable.
(c) Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
§17C-11-6. Carrying articles.
No person operating a bicycle shall may carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times.
§17C-11-8. Riding two abreast.
Persons riding bicycles upon a roadway must not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast must not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
§17C-11-9. Left turns.
(a) A person riding a bicycle or a moped intending to turn left must follow a course described in article eight of this chapter or as specified in subsection (b), of this section.
(b) A person riding a bicycle or a moped intending to turn left must approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist or moped driver must stop, as much as practicable out of the way of traffic. After stopping the bicyclist or moped driver must yield to any traffic proceeding in either direction along the roadway the bicyclist had been using. After yielding, and complying with any official traffic control device or police officer regulating traffic on the highway along which he or she intends to proceed, the bicyclist or moped driver may proceed in the new direction.
(c) Notwithstanding the foregoing provisions, the division of highways and local authorities in their respective jurisdictions may cause official traffic control devices to be placed and thereby require and direct that a specific course be traveled by turning bicycles or mopeds, and when the devices are so placed, no person may turn a bicycle or a moped other than as directed and required by these devices.
§17C-11-10. Turn and stop signals.
(a) Except as provided in this section, a person riding a bicycle shall comply with article eight, of this chapter.
(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle before turning, and must be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle.
§17C-11-11. Bicycles and human powered vehicles on sidewalks.
(a) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, must yield the right-of-way to any pedestrian and must give an audible signal before overtaking and passing the pedestrian.
(b) A person must not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where the use of bicycles is prohibited by official traffic control devices.
(c) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.
§17C-11-12. Bicycle parking.
(a) A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device.
(b) A bicycle parked on a sidewalk must not impede the normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.
(e) A person must not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.
(f) In all other respects, bicycles parked anywhere on a highway must conform with the provisions of the article regulating the parking of vehicles.
§17C-11-13. Bicycle racing.
(a) Bicycle racing on the highways is prohibited except as authorized in this section.
(b) Bicycle racing on a highway is not unlawful when a racing event has been approved by state or local authorities on any highway under their respective jurisdiction. Approval of bicycle highway racing events is to be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.
(c) By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.
§17C-11-14. Mopeds in bicycle lanes.
Upon any roadway where motor vehicles are permitted, a person may drive a moped in any lane designated for the use of bicycles.
§17C-11-15. Bicycle Riding in municipalities.
Nothing in this article shall prohibit municipalities from establishing regulations or ordinances governing the riding of bicycles on sidewalks within the corporate limits of the municipality.
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-1. Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such the vehicle shall must stop within fifty feet but not less than fifteen feet from the nearest rail of such the railroad, and shall must not proceed until he can do so safely it is safe to do so. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
(2) A crossing gate is lowered or when a human flagman flagger gives or continues to give a signal of the approach or passage of a railroad train;
(3) A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such distance and such the railroad train, by reason of its speed or nearness to such the crossing, is an immediate hazard;
(4) Any An approaching railroad train is plainly visible and is in hazardous proximity to such the crossing.
(b) No person shall may drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such the gate or barrier is closed or is being opened or closed.
(c) Any person failing to comply with the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined one hundred dollars or imprisoned in the county or regional jail for not more than ten days. The commissioner shall promulgate rules to further penalize those convicted of violating this section by levying three points against the violator's driver's license record: Provided, That if the electric or mechanical signal device is malfunctioning, this subsection shall does not apply.
§17C-12-2. All vehicles must stop at certain railroad grade
crossings.
The state road commission division of highways and local authorities with the approval of the state road commission division of highways are hereby authorized to designate, based on a traffic engineering study, certain highway grade crossings of railroads and for placement of stop signs thereat. When such the stop signs are erected the driver of any vehicle shall must stop within fifty feet but not less than fifteen feet from the nearest rail of such the railroad and shall proceed only upon exercising due care.
 At a stop sign at a railway crossing, the driver of a vehicle approaching the stop sign must stop at any clearly marked stop line, at the near side of any crosswalk or, if there is no marked stop line or crosswalk, at a distance within fifty but not less than fifteen feet from the nearest rail, and must listen and look in both directions along the track for an approaching train or another vehicle, and must not proceed until it is safe to do so. A driver may not manually shift a vehicle's gears when crossing railroad tracks and must select a gear so that manual shifting is unnecessary.
§17C-12-3. Certain vehicles must stop at all railroad grade crossings.

(a) Except as provided in subsection (b) of this section, the driver of any motor vehicle carrying passengers for hire, or of any bus, or of any vehicle required to be placarded under 49 CFR part 172 carrying explosive substances or flammable liquids as a cargo or hazardous materials as a cargo part of a cargo, or of any vehicle owned by an employer which, in carrying on such employer's business or in carrying employees to and from work, is carrying more than six employees of such employer, before crossing at grade any track or tracks of a railroad, shall must stop such the vehicle within fifty feet but not less than fifteen feet from the nearest rail of such the railroad and while so stopped shall must listen and look in both directions along such the track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall must not proceed until he can it is safe to do so. safely After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall must cross only in such gear of the vehicle that there will be no necessity for manually changing gears while traversing such the crossing and the driver shall must not manually shift gears while crossing the track or tracks.
(b) No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.
(b) This section is not applicable at:
(1) Any railroad grade crossing at which traffic is controlled by a police officer or human flagger;
(2) Any railroad grade crossing at which traffic is regulated by a traffic-control signal.
(c) Any person driving a vehicle that requires a commercial driver's license who fails to comply with the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined one hundred dollars or imprisoned for not more than ten days. The commissioner shall promulgate rules to further penalize those convicted of violating this section by levying three points against the violator's driver's license record: Provided, That if the electric or mechanical signal device is malfunctioning, this subsection shall does not apply.
§17C-12-4. Moving heavy equipment at railroad grade crossings.
(a) No person shall may operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
(b) Notice of any such intended crossing shall must be given to a station agent the division superintendent or designee of such the railroad and a reasonable time be given to such the railroad to provide proper protection at such the crossing.
(c) Before making any such crossing the person operating or moving any such vehicle or equipment shall must first stop the same vehicle not less than fifteen feet nor more than fifty feet from the nearest rail of such the railroad and while so stopped shall must listen and look in both directions along such the track for any approaching train and for signals indicating the approach of a train, and shall must not proceed until the crossing can be made safely.
(d) No The person operating or moving any vehicle or equipment must not make such the crossing shall be made when warning is given by automatic signal or crossing gates or a flagman flagger or otherwise of the immediate approach of a railroad train or car. If a flagman flagger is provided by the railroad, movement over the crossing shall be is made under his the flagger's direction.
§17C-12-5. Vehicles must stop at through highways; erection of signs.

(a) The state road commission division of highways with reference to state highways and local authorities with reference to other highways under their jurisdiction may designate through highways and erect stop signs at specified entrances thereto or may designate any intersection as a stop intersection and erect like signs at one or more entrances to such the intersection.
(b) Every said sign shall bear the word "Stop" in letters not less than six inches in height and such sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign.
(c) (b) Every stop sign shall must be erected as near as practicable to the nearest line of the crosswalk on the near side of the roadway.
(d) (c) Every driver of a vehicle and every motorman of a streetcar approaching a stop sign shall must stop before entering the crosswalk on the near side of the intersection or in the event there is no crosswalk shall must stop at a clearly marked stop line, but if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering the intersection except when directed to proceed by a police officer or traffic-control signal.
§17C-12-6. Emerging from alley or private driveway; penalty.
(a) The driver of a vehicle within a business or residence district emerging from any alley, driveway, private road or building shall must stop such the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or alley or building entrance, private road, or private driveway, or in the event there is no sidewalk area, must stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said the roadway.
(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.
§17C-12-8. Special lighting equipment on school buses.
(a) The commissioner of motor vehicles is authorized to adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school buses consistent with the provisions of this chapter, but supplemental thereto, and except that such the standards and specifications may designate and permit the use of flashing warning signal lights on school buses as authorized in section twenty-six-a, article fifteen, chapter seventeen-c of this code or for the purpose of indicating when children are boarding or alighting from any said school bus. Such The standards and specifications shall must correlate with and, so far as possible, conform to the specifications then current as approved by the society of automotive engineers.
(b) It shall be is unlawful to operate any flashing warning signal light except as authorized in section twenty-six-a, article fifteen, chapter seventeen-c of this code on any school bus except when any said school bus is stopped or is slowing down to stop on any street or highway for the purpose of permitting school children to board or alight from said the school bus.
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-1. Stopping, standing or parking outside of business or residence districts; penalty.

(a) Upon any highway Outside of a business or residence district no person shall may stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway roadway when it is practicable to stop, park, or so leave such the vehicle off such part of said highway the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall must be left for the free passage of other vehicles and a clear view of such the stopped vehicles shall must be available from a distance of two hundred feet in each direction upon such the highway.
(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.
(c) This section shall does not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such the disabled vehicle in such that position.
§17C-13-2. Officers authorized to remove illegally stopped vehicles.
(a) Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this article such the officer is hereby authorized to move such the vehicle, or require the driver or other person in charge of the vehicle to move the same it to a position off the paved or main- traveled part of such highway roadway.
(b) Whenever Any police officer is hereby authorized to remove or cause to be removed to a place of safety finds a vehicle any unattended vehicle illegally left standing upon any highway, bridge, or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety in a position or under circumstances as to obstruct the normal movement of traffic.
(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:
(1) A report has been made that the vehicle has been stolen or taken without the consent of its owner; or
(2) The person or persons in charge of the vehicle are unable to provide for its custody or removal; or
(3) When the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
§17C-13-3. Stopping, standing or parking prohibited in specified places; penalty.

(a) No person shall stop, stand or park a vehicle, Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, in any of the following places no person may:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within fifteen feet of a fire hydrant;
(5) In a properly designated fire lane;
(6) On a crosswalk;
(7) Within twenty feet of a crosswalk at an intersection;
(8) Within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
(9) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(10) Within fifty feet of the nearest rail of a railroad crossing;
(11) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance (when properly signposted);
(12) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(13) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(14) On any bridge or other elevated structure on a highway or within a highway tunnel;
(15) At any place where official signs prohibit stopping;
(16) Within twenty feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if the parking interferes with or causes delay in the carrier's schedule;
(17) On any controlled-access highway;
(18) At any place on any highway where the safety and convenience of the traveling public is thereby endangered;
(19) In front of a wheelchair accessible ramp or curb cut which is part of a sidewalk designed for use by the general public when the ramp or curb cut is properly marked with blue paint.
(1) Stop, stand or park vehicle:
(A) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(B) On a sidewalk;
(C) Within an intersection;
(D) On a crosswalk;
(E) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(F) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(G) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(H) On any railroad tracks;
(I) On any controlled-access highway;
(J) In the area between roadways of a divided highway, including crossovers;
(K) On highways and elsewhere throughout the state in any parking space designated by the international access symbol without displaying an authorized disabled parking registration plate, hang tag, removable windshield placard or temporary removable windshield placard;
(L) At any place where official traffic control devices prohibit stopping;
(M) Within twenty feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if the parking interferes with or causes delay in the carrier's schedule;
(N) In front of a wheel chair accessible ramp or curb cut which is part of a side walk or passageway designed for use by the general public.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(A) In front of a public or private driveway;
(B) Within fifteen feet of a fire hydrant;
(C) Within twenty feet of a crosswalk at an intersection;
(D) Within thirty feet upon the approach to any intersection or flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway;
(E) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance (when properly signposted);
(F) At any place where official traffic control devices prohibit standing.
(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
(A) Within fifty feet of the nearest rail of a railroad crossing;
(B) At any place where official traffic control devices prohibit standing.
(b) No person shall may move a vehicle not lawfully under his or her control into any prohibited area or away from a curb such distance as is unlawful.
(c) 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.
§17C-13-4. Right and left parallel parking; angle parking; highway signs restricting parking, etc; penalty.

(a) Except as otherwise provided in this section every vehicle stopped or parked upon a two-way roadway where there are adjacent curbs shall must be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. Any person violating the provisions of this subsection 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.
(b) Local authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within eighteen inches of the left-hand curb of a one-way roadway.
(b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway must be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.
(c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the state road commission division of highways has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(d) The division of highways with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such The signs shall must be official signs and no person shall may stop, stand, or park any vehicle in violation of the restrictions stated on such signs. Any person violating the provisions of this subsection 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-14-1. Unattended motor vehicle; penalty.
(a) No person driving or in charge of a motor vehicle shall may permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
(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.

(c) Nothing in this section may be construed to prohibit a person from starting a motor vehicle and leaving the vehicle unattended on private property for the purpose of warming the engine.
§17C-14-2. Limitations on backing; penalty.
(a) The driver of a vehicle shall must not back the same vehicle unless such that movement can be made with reasonable safety and without interfering with other traffic.
(b) The driver of a vehicle must not back the vehicle upon any shoulder or roadway of any controlled-access highway.
(b) (c) 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.
§17C-14-4. Obstruction to driver's view or driving mechanism.
(a) No person shall may drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall may ride in such position as to interfere with the driver's or motorman's operator's view ahead or to the sides, or to interfere with his such person's control over the driving mechanism of the vehicle. or streetcar
(c) No person may drive a vehicle while a child or any other person or an animal is so positioned as to be between the body of the driver and the steering wheel.
 (c) (d) 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.
§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 the motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, except when driving entirely to the right of the center of the roadway 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 the 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.
§17C-14-8. Coasting prohibited; penalty.
(a) The driver of any motor vehicle when traveling upon a down grade shall must not coast with the gears or transmission of such the vehicle in neutral.
(b) The driver of a commercial motor vehicle truck or bus when traveling upon a down grade shall must not coast with the clutch disengaged.
(c) 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.
§17C-14-9. Following authorized emergency vehicles; penalty.
(a) The driver of any vehicle other than one on official business may not follow any authorized emergency vehicle traveling in response to a fire alarm or other emergency closer than five hundred feet or drive into or park stop such vehicle within the block where such five hundred feet of any authorized emergency vehicle has stopped in answer to a fire alarm or other emergency.
(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.
§17C-14-10. Crossing fire hose; penalty.
(a) No person may drive any vehicle No streetcar or vehicle shall be driven over any unprotected hose of a fire department when the unprotected hose is laid down on any street, private road or driveway, or streetcar track, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
(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.
§17C-14-14. Driving upon sidewalk.
No person may drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. This section does not apply to any human powered vehicle nor to any motorized wheelchair.
§17C-14-15. Opening and closing vehicle doors.
No person may open any door on a motor vehicle unless it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor may any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
§17C-14-16. Riding in house trailers.
No person or persons may occupy a house trailer while it is being moved upon a highway.
§17C-14-17. Stop when traffic obstructed.
No driver may enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal indication to proceed.
§17C-14-18. Snowmobile operation limited.
(a) No person may operate a snowmobile on any controlled-access highway.
(b) No person may operate a snowmobile on any other highway except when crossing the highway at a right angle, when use of the highway by other motor vehicles is impossible because of snow, or when the operation is authorized by the authority having jurisdiction over the highway.
§17C-14-19. Eye protection devices.
Every person operating a motor vehicle that is not equipped with a windshield in position to deflect objects which would hit the person's face shall wear an eye-protection device of a type approved by the commissioner. This section does not apply to a person operating a motorcycle.
§17C-14-20. Rights and duties of motorized wheelchair operators.
Every person operating a motorized wheelchair has all of the rights and all of the duties applicable to a pedestrian contained in article ten of this chapter except to those provisions which by their nature can have no application.

NOTE: The purpose of this bill is to bring traffic regulations into conformance with the federal Uniform Vehicle Code, along with updated various sections to comply with current highway usage.

It specifically provides for new traffic regulations and redefines several existing terms, while defining several new terms. It corrects certain division references. It requires the uniform system conform with federal guidelines. It updates references to highways and eliminates archaic language. It redefines traffic-control designations and specifies who may assume command at an accident scene. It adopts a specific manual for a uniform system. It defines certain signal indications for both drivers and pedestrians. It prohibits commercial advertising on any traffic-control device. It repeals speed limits on vehicles not designed for carrying passengers and adds speed limits in certain instances. It adds additional terms as to devices that may be used as evidence prohibiting specific types of races. It eliminates the audible signal requirement when passing and redefines when passing is permissible. It prohibits following too closely in certain instances. It redefines who is prohibited on controlled-access highways and clarifies turning, starting and signaling in stopping and turning instances. It redefines various types of rights-of-way and the duties to yield. It states pedestrians rights and duties at crossing situations and prohibits pedestrians who are under the influence of drugs or alcohol, if their actions create a hazard for drivers , from being on any portion of a highway. It prohibits standing on a highway for soliciting employment, business or contributions. It provides certain provisions relating to bicycle riders. It limits backing upon a controlled access highway shoulder or roadway, prohibits driving on a sidewalk, prohibits opening door unless it's safe to do and prohibits riding in house trailers. It limits snowmobile operation on controlled-access highways and certain other conditions. It requires eye protection in certain instances if a vehicle has no windshield. And, it enumerates rights and duties of wheelchair operators.
The bill also removes the requirement that the state or local governments must post notices that speed is checked by radar devices and has more strict regulations of pedestrians crossing streets, with so-called "jay-walking" offenses.

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

§§17C-1-53a, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and 76 are new; therefore strike-throughs and underscoring have been omitted.

§17C-9-1, §17C-9-2 and §17C-9-3 have been substantially rewritten; therefore, strike-throughs and underscoring have been omitted.

§17C-8 has been substantially rewritten; therefore, strike-throughs and underscoring have been omitted.

§17C-10-2 has been substantially rewritten; therefore, strike-throughs and underscoring have been omitted.

§17C-10-9, §§17C-11-8 through 15, and §§17C-14-14 through 20 are new; therefore, strike-throughs and underscoring have been omitted.