WVC 17 C- 7 - 5
§17C-7-5. Same -- Limitations on overtaking on the left; penalty.
(a) No vehicle shall 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 left side is clearly visible and
is free of oncoming traffic for a sufficient distance ahead to
permit such 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
approaching from the opposite direction.
(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.