H. B. 2974

(By Delegates Iaquinta and Palumbo)
[Introduced February 12, 2003; referred to the
Committee on Roads and Transportation then Finance.]

A BILL to amend and reenact section seven, article twelve, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring school buses to display the school bus number on the front and rear of the school bus in numbers not less than eight inches in height.

Be it enacted by the Legislature of West Virginia:
That section seven, article twelve, 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:

§17C-12-7. Overtaking and passing school bus; penalties; signs and warning lights upon buses; removal of warning lights, lettering, etc., upon sale of buses; highways with separate roadways.

(a) The driver of a vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such the school bus when there is in operation on said the school bus flashing warning signal lights, as referred to in section eight of this article, and said the driver shall may not proceed until such the school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This section applies wherever the school bus is receiving or discharging children, including, but not limited to, any street, highway, parking lot, private road or driveway: Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to such the highway and where pedestrians are not permitted to cross the roadway. Any such driver acting in violation of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned. If the identity of the driver cannot be ascertained, then any such owner or lessee of the vehicle in violation of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars: Provided, however, That such conviction shall may not subject such the owner or lessee to further administrative or other penalties for said the offense, notwithstanding other provisions of this code to the contrary.
(b) Every bus used for the transportation of school children shall bear upon the front, and rear and on top thereof a plainly visible sign containing the words "school bus" in letters not less than eight inches in height and the school bus number in numbers not less than eight inches in height. When a contract school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings thereon indicating "school bus" shall be covered or concealed. Any school bus sold or transferred to another owner by a county board of education, agency or individual shall have all flashing warning lights disconnected and all lettering removed or permanently obscured, except when sold or transferred for the transportation of school children.




NOTE: The purpose of this bill is to require school buses to display the school bus number on the front, rear and on top of the school bus in numbers not less than eight inches in height.

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