Bill Text: WV HB2078 | 2016 | Regular Session | Introduced
Bill Title: Giving local authorities the authority to decrease the speed limit on streets and highways where school buses travel in its jurisdiction
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-13 - To House Roads and Transportation [HB2078 Detail]
Download: West_Virginia-2016-HB2078-Introduced.html
West Virginia Legislature
2016 Regular Session
Introduced
House Bill 2078
2015 Carryover
(By Delegates Caputo and Longstreth)
[Introduced January 13, 2016; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17C‑6‑3 of the Code of West Virginia, 1931, as amended, relating to allowing local authorities the authority to lower the speed limit on streets and highways where school buses travel; and providing that no lowering of a speed limit is effective until approved by the Commissioner of Highways.
Be it enacted by the Legislature of West Virginia:
That §17C‑6‑3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C‑6‑3. When local authorities may alter speed limits.
(a) At intersection. ‑‑ Whenever local
authorities within their respective jurisdictions determine upon the basis
of an engineering and traffic investigation that the speed permitted under
this chapter at any intersection is greater than is reasonable or safe
under the conditions found to exist at such the intersection, such
the local authority subject to subsection (e) (f) of this
section shall determine and declare a reasonable and safe speed
limit thereat, which shall be effective at all times or during hours of
daylight or darkness or at such other times as may be determined when
appropriate speed limit signs giving notice thereof are erected
at such the intersection or upon the approaches thereto.
(b) Authority to increase twenty‑five mile limit.
‑‑ Local authorities in their respective jurisdictions may in
their discretion, but subject to subsection (e) (f) of this
section, authorize by ordinance higher speeds than those stated in section one
of this article upon through highways or upon highways or portions thereof
where there are no intersections or between widely spaced intersections, which
higher speed shall be effective at all times or during hours of daylight or at
such other times as may be determined when appropriate speed limit signs
are erected giving notice of the authorized speed, but local authorities
shall do not have authority to modify or alter the basic
rule set forth in subsection (a), section one of this article, or in any
event to authorize by ordinance a speed in excess of fifty‑five miles
per hour.
(c) Authority to decrease fifty‑five mile limit. ‑‑
Whenever local authorities within their respective jurisdictions determine upon
the basis of an engineering and traffic investigation that the speed
under this chapter upon open country highway outside a business or residence
district is greater than is reasonable or safe under the conditions
found to exist upon such street or highway, the local authority may
determine and declare a reasonable and safe limit thereon
but in no event less than thirty‑five miles per hour and subject to
subsection (e) (f) of this section, which reduced limit shall be
effective at all times or during hours of darkness or at other times as may be
determined when appropriate speed limit signs giving notice thereof
are erected. upon such street or highway.
(d) Authority to decrease twenty‑five mile limit.‑‑
A municipality may in its discretion, but subject to subsection (e) (f)
of this section, authorize by ordinance lower speeds than those stated in
subdivision (2), subsection (b), section one of this article upon local
dedicated rights‑of‑way in a residential district or portions
thereof, which lower speed shall be effective at all times or during hours of
daylight or at such other times as may be determined when appropriate speed
limit signs are erected. giving notice of the authorized speed.
(e) Authority to decrease speed limit on streets and highways where school buses travel. ‑‑ Whenever local authorities within their respective jurisdictions determine upon an engineering and traffic investigation that the speed under this chapter upon streets and highways where school buses travel is greater than is reasonable under the conditions found to exist upon the street or highway, the local authority may determine a reasonable limit subject to subsection (f) of this section. This reasonable limit shall be effective at all times or during hours of darkness, during hours of daylight or at other times as may be determined when appropriate speed limit signs giving notice are erected.
(e) (f) Alteration of limits on state
highways in municipalities. ‑‑ Alteration of limits on state
highways or extensions thereof in a municipality by local authorities shall not
be effective until such alteration has been approved by the Commissioner
of Highways.
NOTE: The purpose of this bill is to give local authorities the authority to decrease the speed limit on streets and highways where school buses travel. The bill provides that no lowering of a speed limit is effective until approved by the Commissioner of Highways.
Strike‑throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.