Introduced Version
House Bill 2860 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2860
(By Delegates Staggers and R. Phillips)
[Introduced March 7, 2013; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17C-6-1 of the Code of West Virginia,
1931, as amended, relating to speed restrictions and
penalties; and providing that municipalities receive no more
than $25 from speeding fines and costs for speeding violations
on four lane controlled access highways or interstate highways
located within the limits of a municipality.
Be it enacted by the Legislature of West Virginia:
That §17C-6-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally; penalty.
(a) No person may drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the existing
conditions and the actual and potential hazards. In every event
speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the
highways in compliance with legal requirements and the duty of all
persons to use due care.
(b) Where no special hazard exists that requires lower speed
for compliance with subsection (a) of this section, the speed of
any vehicle not in excess of the limits specified in this section
or established as authorized in this section is lawful, but any
speed in excess of the limits specified in this subsection or
established as authorized in this section is unlawful. The
following speed limits apply:
(1) Fifteen miles per hour in a school zone during school
recess or while children are going to or leaving school during
opening or closing hours. A school zone is all school property,
including school grounds and any street or highway abutting the
school grounds and extending one hundred twenty-five feet along the
street or highway from the school grounds. The speed restriction
does not apply to vehicles traveling on a controlled-access highway
which is separated from the school or school grounds by a fence or
barrier approved by the Division of Highways;
(2) Twenty-five miles per hour in any business or residence
district; and
(3) Fifty-five miles per hour on open country highways, except
as otherwise provided by this chapter.
The speeds set forth in this section may be altered as authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent with the
requirements of subsection (a) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and going
around a curve, when approaching a hill crest, when traveling upon
any narrow or winding roadway and when a special hazard exists with
respect to pedestrians or other traffic or by reason of weather or
highway conditions.
(d) The speed limit on controlled access highways and
interstate highways, where no special hazard exists that requires
a lower speed, shall be not less than fifty-five miles per hour and
the speed limits specified in subsection (b) of this section do not
apply.
(e) Unless otherwise provided in this section, any person who
violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than $100;
upon a second conviction within one year thereafter, shall be fined
not more than $200; and, upon a third or subsequent conviction
within two years thereafter, shall be fined not more than $500:
Provided, That if the third or subsequent conviction is based upon
a violation of the provisions of this section where the offender
exceeded the speed limit by fifteen miles per hour or more, then
upon conviction, shall be fined not more than $500 or confined in the county or regional jail for not more than six months, or both
fined and confined.
(f) Any person who violates the provisions of subdivision (1),
subsection (b) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $100 nor more than
$500: Provided, That if the conviction is based upon a violation
of the provisions of subdivision (1), subsection (b) of this
section where the offender exceeded the speed limit by fifteen
miles per hour or more in the presence of one or more children,
then upon conviction, shall be fined not less than $100 nor more
than $500 or confined in the regional or county jail for not more
than six months, or both fined and confined.
(g) If an owner or driver is arrested under the provisions of
this section for the offense of driving above the posted speed
limit on a controlled access highway or interstate highway and if
the evidence shows that the motor vehicle was being operated at ten
miles per hour or less above the speed limit, then, upon conviction
thereof, that person shall be fined not more than $5, plus court
costs.
(h) Any person operating a commercial motor vehicle engaged in
the transportation of coal on the coal resource transportation road
system who violates subsection (a), (b) or (c) of this section
shall, upon conviction, be subject to fines in triple the amount
otherwise provided in subsection (e) of this section.
(i) If an owner or driver is convicted under the provisions of
this section for the offense of driving above the speed limit on a
controlled-access highway or interstate highway of this state and
if the evidence shows that the motor vehicle was being operated at
ten miles per hour or less above the speed limit, then
notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on the conviction shall not be transmitted to the Division
of Motor Vehicles: Provided, That the provisions of this
subsection do not apply to conviction of owners or drivers who have
been issued a commercial driver's license as defined in chapter
seventeen-e of this code, if the offense was committed while
operating a commercial vehicle.
(j) If an owner or driver is convicted in another state for
the offense of driving above the maximum speed limit on a
controlled-access highway or interstate highway and if the maximum
speed limit in the other state is less than the maximum speed limit
for a comparable controlled-access highway or interstate highway in
this state, and if the evidence shows that the motor vehicle was
being operated at ten miles per hour or less above what would be
the maximum speed limit for a comparable controlled-access highway
or interstate highway in this state, then notwithstanding the
provisions of section four, article three, chapter seventeen-b of
this code, a certified abstract of the judgment on the conviction shall not be transmitted to the Division of Motor Vehicles or, if
transmitted, shall not be recorded by the division, unless within
a reasonable time after conviction, the person convicted has failed
to pay all fines and costs imposed by the other state: Provided,
That the provisions of this subsection do not apply to conviction
of owners or drivers who have been issued a commercial driver's
license as defined in chapter seventeen-e of this code, if the
offense was committed while operating a commercial vehicle.
(k) Notwithstanding any other provision of this code to the
contrary, if an owner or driver is arrested under the provisions of
this section for the offense of driving above the posted speed
limit on a four lane controlled access highway or interstate
highway located within the limits of a municipality, upon
conviction thereof, the municipality may receive no more than $25
from any fine and court costs.
NOTE: The purpose of this bill is to provide that a
municipality receive no more than $25 from speeding fines and costs
for speeding violations on four lane controlled access highways or
interstate highways located within the limits of a municipality.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.