H. B. 2794
(By Delegates DeLong, Cann, Swartzmiller,
Ennis, Givens and Webb)
[Introduced March 8, 2001; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact section nine, article seven, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to driving vehicles
on laned highways; providing restrictions while driving in
left lanes; and providing criminal penalties for violations.
Be it enacted by the Legislature of West Virginia:
That section nine, article seven, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§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 apply in
addition to all others consistent herewith shall apply with this section:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall may not be moved from such
the lane until the driver has first ascertained that such the
movement can be made with safety.
(2) Upon a roadway which is divided into three lanes a vehicle
shall may 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 the 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 the allocation.
(3) Official signs may be erected directing slow-moving
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.
(4) No driver may drive continuously in the left lane of a
limited access highway so as to impede the flow of other traffic.
(5) Upon all limited access highways having two or more lanes
for traffic moving in the same direction, all vehicles shall be
driven in the right-hand lane when available for traffic, except:
(A) When overtaking and passing another vehicle proceeding in
the same direction;
(B) When traveling at a speed greater than the traffic flow;
(C) When moving left to allow traffic to merge; or
(D) When preparing for a left turn at an intersection, exit or
into a private road or driveway when the left turn is legally
permitted.
(6) Unless otherwise posted, no vehicle towing a trailer and
no vehicle or combination over ten thousand pounds may be driven in
the left-hand lane of a limited access highway having three or more
lanes for traffic moving in the same direction except when
preparing for a left turn at an intersection, exit or into a
private road or driveway when the left turn is legally permitted.
(7) Subdivisions (4) and (5) of this subsection do not apply
to a vehicle using a vehicle lane designated for multioccupant
vehicles or car pools.
(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 after the first conviction, 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.
NOTE: The purpose of this bill is to provide criminal
penalties for impeding the flow of traffic in passing lanes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.