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Introduced Version House Bill 4539 History

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Key: Green = existing Code. Red = new code to be enacted
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H. B. 4539

 

         (By Delegates Poore, Moore, Staggers,

         Skaff, Guthrie, Stephens, Morgan, Diserio,

         Jones, Fragale and Iaquinta)

 

         [Introduced February 14, 2014; referred to the

         Committee on the Judiciary.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-12-7b relating to requiring motor vehicles to stop when a public transportation vehicle is stopped and receiving or dropping off passengers; and providing criminal penalties.

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-12-7b, to read as follows:

ARTICLE 12. SPECIAL STOPS REQUIRED.

§17C-12-7b. Overtaking and passing public transportation vehicle that is stopped and receiving or dropping off passengers; penalties.

    (a) The driver of a vehicle, upon meeting or overtaking from either direction any public transportation vehicle which has stopped for the purpose of receiving or discharging any passengers, shall stop the vehicle before reaching the public transportation vehicle, and the driver may not proceed until the public transportation vehicle resumes motion or is signaled by the driver of the public transportation vehicle to proceed. This section applies wherever the public transportation vehicle is receiving or discharging passengers including, but not limited to, any street, highway or parking lot: Provided, That the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a public transportation vehicle 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 or more than $500, 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.

    (c) In addition to the penalties prescribed in subsections (b) of this section, the Commissioner of Motor Vehicles shall, upon conviction, suspend the driver’s 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) 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) 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.



    NOTE: The purpose of this bill is to require motor vehicles to stop when a public transportation vehicle is stopped and receiving or dropping off passengers. The bill provides criminal penalties for violations.


    §17C-12-7b is new; therefore, it has been completely underscored.

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