Introduced Version
House Bill 3109 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3109
(By Delegates Azinger and Romine)
[Introduced
March 25, 2013
; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-7-14, relating
to prohibiting a person from driving in the passing lane of a
highway when not passing another vehicle under certain
circumstances; and providing a criminal penalty for violators.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17C-7-14, to read as
follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
PASSING, ETC.
§17C-7-14. Driving in passing lane.
__(a) A person may not drive a motor vehicle in the passing lane
of a highway for more than two minutes unless the person is passing other motor vehicles that are in a nonpassing lane or turning left
or unless the volume of traffic does not permit the motor vehicle
to safely merge into a nonpassing lane.
__(b) For the purposes of this section:
__(1) "Nonpassing lane" means any lane that is to the right of
the passing lane if there are two or more adjacent lanes of traffic
moving in the same direction in one roadway.
__(2) "Passing lane" means the farthest to the left lane if
there are two or more adjacent lanes of traffic moving in the same
direction in one roadway. If the left lane is restricted to high
occupancy vehicle use or is designed for left turns only, the
passing lane is the lane immediately to the right of the high
occupancy lane or left turn lane.
__(c) Any person who violates subsection (a) of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined $50.
NOTE: The purpose of this bill is to prohibit a person from
driving in the passing lane of a highway for more than two minutes
unless the person is passing other motor vehicles unless the person
is passing other vehicles, turning left or the volume of traffic
does not permit the vehicle to safely merge into the nonpassing
lane. A misdemeanor penalty for violations is provided.
This section is new; therefore, it has been completely
underscored.