House Bill 3021 History
H. B. 3021
(By Delegates Wells, Guthrie, Skaff, Poore and McCuskey)
[Introduced March 21, 2013; referred to the
Committee on Roads and Transportation then the
A BILL to amend and reenact §17C-7-3 of the Code of West Virginia,
1931, as amended; and to amend and reenact §17C-11-5 of said
code, all relating to operating a bicycle or overtaking a
bicycle on a roadway.
Be it enacted by the Legislature of West Virginia:
That §17C-7-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §17C-11-5 of said code be
amended and reenacted, all to read as follows:
ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND
§17C-7-3. Overtaking and passing vehicle proceeding in same
direction -- Passing on the left generally; penalty.
(a) The following rules
govern the overtaking and
passing of vehicles proceeding in the same direction, subject to these limitations, exceptions, and special rules hereinafter
(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall give an audible signal and
pass to the left thereof at a safe distance and shall not again
drive to the right side of the roadway until safely clear of the
overtaken vehicle. The driver of a vehicle overtaking a bicycle
traveling in the same direction shall pass to the left thereof at
a distance of not less than four feet at a careful and prudent
reduced speed and shall not again drive to the right side of the
roadway until safely clear of the overtaken bicycle.
(2) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and
shall not increase the speed of his or her vehicle until completely
passed by the overtaking vehicle.
(b) Any person violating 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, shall be fined not more than $500.
ARTICLE 11. OPERATION OF BICYCLES AND PLAY VEHICLES.
§17C-11-5. Riding on roadways and bicycle paths.
(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the
Persons riding bicycles upon a roadway shall not ride more
than two abreast except on paths or parts of roadways set aside for
the exclusive use of bicycles.
(c) Whenever a usable path for bicycles has been provided
adjacent to a roadway, bicycle riders shall use such path and shall
not use the roadway.
NOTE: The purpose of this bill is to improve the safety of
those persons operating bicycles on a roadway.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would