Date Requested:March 25, 2013
Time Requested:01:52 PM
Agency: Highways, Division of
CBD Number: Version: Bill Number: Resolution Number:
2013R2898 Introduced HB3109
CBD Subject: PROHIBIT CARS FROM STAYING IN THE PASSING LANE
FUND(S)
6700-16 State Road Fund
Sources of Revenue
Special Fund
Legislation creates:
Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    
    
    The legislation will require the Division of Highways (DOH) to notify drivers of the requirement to stay in the right lane except for passing - with a two minute limit.
    
    The bill creates a misdemeanor with a $50 fine. The fine does NOT go into the State Road Fund.
    
    The DOH will need to erect signage at the state line, at each county line and then approximately every 5 miles. The cost to fabricate and install appropriate signing is _______________
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2013
Increase/Decrease
(use"-")
2014
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 232,000 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0
3. Explanation of above estimates (including long-range effect):
    The bill will require the DOH to install signage on all Interstate Highways in addition to some Appalachian, US, WV and County routes, including five lane highways. Additionally the DOH will need to erect the signage approximately every 5 miles on the highways.
    
    Interstate Miles: 1108
    US Miles*: 835
    WV Miles: 203
    County Miles: 9
    Total Miles: 2155
    
    *US routes include those highways on the Appalachian Highway System.
    
    DOH Engineers estimate the cost to place signs at approximately $232,000.
    
    


Memorandum
Person submitting Fiscal Note:
Kathy J Holtsclaw
Email Address:
Kathy.J.Holtsclaw@wv.gov
    The legislation, if enacted, would create several problems.
    
    1. The requirement for traffic to remain queued in the slow lane, except for passing, will create major traffic back up problems in urban areas, especially during rush hour. Currently, when an accident reduces the travel lanes to only one lane on these roads, traffic will back up for several miles. Additionally, this may encourage drivers to quickly change lanes by moving in and out of traffic to stay within the time limitation. This will quite often result in additional wrecks (normally rear-end accidents).
    
    3. On six lane freeways, the DOH already prohibits trucks from using the leftmost lane and we have posted SLOWER TRAFFIC KEEP RIGHT on various grades located on I-79 between Charleston and Clarksburg. We have this option to use on other locations with similar grades.
    
    4. If enforcement personnel cite a driver for exceeding the two minute limitation, it may create a legal issue since they will need to document the length of time a driver is in the passing lane. WV Code 17C-6-3a ALREADY provides enforcement personnel with the authority to cite an operator for impeding traffic and no sign is needed.
    
    5. The DOH has been adding additional travel lanes to facilitate the smooth flow of traffic in high traffic locations. This legislation will negate the purpose.