WEST virginia Legislature
2016 regular session
Introduced
House Bill 4349
By Delegates Hill, Statler, Stansbury, Kessinger, Duke, Espinosa, Shott, Faircloth, Upson and Blair
[Introduced February 2,
2016; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for overtaking and passing a school bus stopped for the purpose of receiving and discharging children, and providing penalties in the event that the driver of the passing vehicle cannot be ascertained.
Be it enacted by the Legislature of West Virginia:
That §17C-12-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. SPECIAL STOPS REQUIRED.
§17C-12-7. Overtaking and passing school bus; penalties; signs and warning lights upon buses; requirements for sale of buses; mounting of cameras; educational information campaign; limitation on idling.
(a) The driver of a vehicle, upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching the school bus when there is in operation on the school bus flashing warning signal lights, as referred to in section eight of this article, and the driver may not proceed until the school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This section applies wherever the school bus is receiving or discharging children including, but not limited to, any street, highway, parking lot, private road or driveway: Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
(b) Any driver acting in violation of subsection (a)
of this section is guilty of a misdemeanor and, upon conviction for a first
offense, shall be fined not less than $150 $250 or more than $500
$750, or confined in jail not more than six months, or both fined and
confined. Upon conviction of a second violation of subsection (a), the driver
shall be fined $500, or confined in jail not more than six months, or both
fined and confined. Upon conviction of a third or subsequent violation of
subsection (a), the driver shall be fined $500, and confined not less
than twenty-four hours in jail but not more than six months and lose his or her
driver’s license for no less than three months nor more than six months.
(c) If, as evidenced by a video recording system, the identity of the driver cannot be ascertained, then the registration plate number of the vehicle as recorded by a video recording system or as provided in a sworn affidavit by a school bus driver, establishes a rebuttable presumption for civil enforcement purposes that the owner or lessee of the vehicle was operating the vehicle, and a fine of not less than $50 nor more than $200 may be assessed against the owner.
(1) If a violation of this section occurs:
(A) The owner or operator of the school bus shall provide information concerning the registration plate number to a magistrate of the county where the violation occurred.
(B) The Division of Motor Vehicles shall prepare and mail a notice of violation as follows:
(i) The notice of violation shall be sent by certified mail or personally served by a local law- enforcement official to each person listed as owner;
(ii) The notice shall be mailed, postage prepaid, to the address shown on the vehicle registration, which is presumed to be the last known address of the owner or owners;
(iii) Notice shall be mailed or served no later than ten days after either the date of the violation or the date that a lessor provides sufficient information to identify who the lessee is.
(iv) Personal service is not required.
(v) The notice shall contain the following:
(I) Information advising the person of the violation, when and where it occurred and that the violation may be contested.
(II) A warning advising the person receiving the notice:
(aa) That failure to contest the manner and time provided is an admission of liability;
(bb) That a default judgment may be entered on the notice; and
(cc) That a violation of this section may subject the owner or operator to civil penalties, administrative fees, administrative hearing costs and collection fees and costs.
(2) Notwithstanding other provisions of this code to the contrary, this subsection does not subject the owner or lessee to any criminal liability or any further administrative or other penalties for the offense.
(c)(d) In addition to the penalties prescribed in
subsections (b) of this section, the Commissioner of Motor Vehicles shall, upon
conviction, suspend the drivers license of the person so convicted:
(1) Of a first offense under subsection (b) of this section, for a period of thirty days;
(2) Of a second offense under subsection (b) of this section, for a period of ninety days; or
(3) Of a third or subsequent offense under subsection
(b) of this section, for a period of one hundred and eighty days.
(d)(e) Any driver of a vehicle who willfully violates the
provisions of subsection (a) of this section and the violation causes serious
bodily injury to any person other than the driver, is guilty of a felony and,
upon conviction, shall be confined in a state correctional facility not less
than one year nor more than three years and fined not less than $500 nor more
than $2,000.
(e)(f) Any driver of a vehicle who willfully violates the
provisions of subsection (a) of this section, and the violation causes death,
is guilty of a felony and, upon conviction, shall be confined in a state
correctional facility not less than one year nor more than ten years and fined
not less than $1,000 nor more than $3,000.
(f)(g) Every bus used for the transportation of school
children shall bear upon the front and rear of the bus a plainly visible sign
containing the words “school bus” in letters not less than eight inches in
height. When a contract school bus is being operated upon a highway for
purposes other than the actual transportation of children either to or from
school, all markings on the contract school bus indicating “school bus” shall
be covered or concealed. Any school bus sold or transferred to another owner by
a county board of education, agency or individual shall have all flashing
warning lights disconnected and all lettering removed or permanently obscured,
except when sold or transferred for the transportation of school children.
(g)(h) Every county board of education is hereby authorized
to mount a camera on any school bus for the purpose of enforcing this section
or for any other lawful purpose.
(h)(i) To the extent that state, federal or other funds are
available, the State Police shall conduct an information campaign to educate
drivers concerning the provisions of this section and the importance of school
bus safety.
(i)(j) The State Board of Education shall promulgate a rule
in accordance with the provisions of article three-b, chapter twenty-nine-a of
this code governing the idling of school buses.
NOTE: The purpose of this bill is to increase the penalties for overtaking and passing a school bus stopped for the purpose of receiving and discharging children, and provide penalties in the event that the driver of the passing vehicle cannot be ascertained.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.