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Introduced Version House Bill 3066 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3066


(By Delegates Fleischauer, Beach, Shook,
Marshall, Hrutkay, Stephens, Craig, Manchin,


Crosier, Boggs and Wysong)

[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]


A BILL to amend and reenact §17C-10-2 and §17C-10-7 of the Code of West Virginia, 1931, as amended, all relating to pedestrian's right-of-way in crosswalks; penalties for violations.

Be it enacted by the Legislature of West Virginia:
That §17C-10-2 and §17C-10-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.

§17C-10-2. Pedestrians' right-of-way in crosswalks.

(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a any marked crosswalk or within any unmarked crosswalk at an intersection, when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in section three, subsection (b) of this article.
(b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
§17C-10-7. Penalty for pedestrians and vehicle operators violating the provisions of this article.

Any A pedestrian or a person operating a vehicle who violating violates the a provisions provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one two hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two four hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred one thousand dollars.


NOTE: The purpose of this bill is to require vehicles to yield to pedestrians when a pedestrian is upon any half of the roadway at intersection crosswalks, to clarify that this article's penalties apply equally to persons operating vehicles as well as pedestrians, and to toughen penalties for violations of provisions of this article.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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