H. B. 4681
(By Delegate Blair)
[Introduced February 27, 2004; referred to the
Committee on Finance.]
A BILL to amend and reenact §17C-3-7 of the code of West Virginia,
1931, as amended, relating to requiring the department of
highways to implement a pilot project in Berkeley, Jefferson
and Morgan counties involving the installation of flashing
traffic signals between the hours of eleven o'clock p.m. and
six o'clock a.m. at certain intersections in those counties;
and, to maintain and report to the Legislature statistics on
accidents occurring at those intersections.
Be it enacted by the Legislature of West Virginia:
That §17C-3-7 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-7. Flashing signals.
(a) 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) 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, and the right to proceed shall be subject to the
rules applicable after making a stop at a stop sign.
(2) 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 signal only with
caution.
(b) Effective the first day of July, two thousand four, the
division of highways shall begin a four-year pilot project in the
counties of Berkeley, Jefferson and Morgan. The pilot project
shall include:
(1) The installation of flashing traffic control signals at
intersections of all state highways and highways under the
jurisdiction of local authorities as provided in subdivision (2) of
this subsection;
(2) A requirement that flashing yellow signals apply to the
primary road on which the speed limit is posted at thirty-five
miles per hour or less (or road with the highest traffic count on
which the speed limit is posted at thirty-five miles per hour or
less
) and flashing red signals apply to the secondary road (or road with the lower traffic count).
(3) Operation
between the hours of eleven o'clock post
meridian and six o'clock ante meridian.
The pilot project shall not include intersections of primary
roads where the posted speed limit is more than thirty-five miles
an hour.
For the purposes of the pilot project, flashing traffic
control signals provided in subsection (b) of this section may not
be installed at intersections where the installation
would impede
the flow of traffic or would create a hazard or unsafe condition or
where the signal controllers cannot be reprogrammed to accommodate
a time conditioned flashing operation.
(c) The division of highways shall collect, maintain and
report to the Legislature, by the first day of December of each
year of the pilot project beginning in two thousand four
, all
accidents occurring at intersections where the flashing lights have
been installed under the provisions of the pilot project during the
times the flashing lights are operational. At the end of the pilot
project, the division of highways shall provide the Legislature
with a report of its findings, conclusions and recommendations.
NOTE: The purpose of this bill is to require the division of
highways to implement a pilot project in Berkeley, Jefferson and
Morgan counties to install flashing traffic signals between the
hours of eleven o'clock p.m. and six o'clock a.m. at certain
intersections in those counties and to maintain and report to the Legislature statistics on accidents occurring at those
intersections.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.