JURISDICTION: WEST VIRGINIA

This chapter summarizes West Virginia State statutes related to speed.

General Reference: West Virginia Code and West Virginia Code of State Rules (CSR)

Basis for a Speed Law Violation:

Basic Speed Rule: No person may drive a vehicle at speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. §17C-6-1(a)

Statutory Speed Limit: 55 MPH on open country highways, controlled-access highways and

See Other below. interstate highways §17C-6-1(b)(3) & (d)

25 MPH in a business or residential district §17C-6-1(b)(2)

15 MPH in a school zone⁽¹⁾ §17C-6-1(b)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Road Commissioner may increase or decrease the above speed limits on any interstate or State highway. §17C-6-2 Note: West Virginia law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigation, a local government may decrease the above maximum speed limits at intersections. §17C-6-3(a)

III. Local governments may increase the above 25 MPH maximum speed limit on highways within a business or residential district.⁽²⁾ However, no speed limit shall be >55 MPH. §17C-6-3(b)

VI. Based on engineering and traffic investigations, a local government may decrease the above 55 MPH maximum speed limit on open country highways outside a business or residential district.² However, no limit shall be <35 MPH. §17C-6-3(c)

V. Based upon an investigation, the State Road Commission may establish safe maximum speed limits for bridges or elevated structures. §17C-6-5(b) & (c)

Minimum Speed Limit: No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §17C-6-3a(a)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Road Commissioner or a local government may establish minimum speed limits for the highways under their jurisdiction. §17C-6-3a(b)

Basis for a Speed Law Violation: (continued)

Other: I. The following speed limits apply to vehicles that are not designed to carry passengers and are equipped with pneumatic tires: 40 MPH on a county road, 25 MPH in a residential district and 20 MPH in a business district.⁽³⁾ §17C-6-4

II. A vehicle, that is not equipped with pneumatic tires, cannot be driven >10 MPH. §17C-6-5(a)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§17C-6-1(e), 17C-6-3a(c), 17C-6-4 & 17C-18-1(a)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Basic Speed Rule Violation or Exceeding Speed Limit:⁽⁴⁾ 1st offense-None 2nd offense (within 1 year)-None 3rd or subsequent offense (within 2 years)-Not more than 6 months §17C-6-1(e)

Speeding in School Zone: 1st offense-None Subsequent offense (within 2 years)-Not more than 6 months §17C-6-1(e)

Violation of the Minimum Speed Rule or Posted Minimum Speed Limit: 1st offense-None 2nd offense (within 1 year)-None 3rd or subsequent offense (within 2 years)-Not more than 6 months §17C-6-3a(c)

All Other Speed Law Violations:⁽⁵⁾ 1st offense-Not more than 10 days 2nd offense (within 1 year)-Not more than 20 days Subsequent offense-Not more than 6 months §§17C-6-4 & 17C-18-1(b)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Basic Speed Rule Violation or Exceeding Speed Limit:⁴ 1st offense-Not more than $100 2nd offense (within 1 year)-Not more than $200 3rd or subsequent offense (within 2 years)-Not more than $500 §17C-6-1(e)

Speeding in School Zone: 1st or subsequent offense-$100 to $500 §17C-6-1(e)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Fine:

Amount ($ Range): (continued) Violation of the Minimum Speed Rule or Posted Minimum Speed Limit: 1st offense-Not more than $100 2nd offense (within 1 year)-Not more than $200 3rd or subsequent offense (within 2 years)-Not more than $500 §17C-6-3a(c)

All Other Speed Law Violations:⁵ 1st offense-Not more than $100 2nd offense (within 1 year)-Not more than $200 Subsequent offense-Not more than $500. §17C-18-1(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: If an offender successfully completes a Driver Improvement Program, they may have points deducted from their driving record. CSR §91-5-8

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension Based on Frequent Violation of the Traffic Laws⁽⁶⁾ §17B-3-6(a)(3) & (4)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year §17B-3-8

Mandatory Minimum Term of

Withdrawal: None License action is discretionary. §17B-3-6(a)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor §17C-6-8(a) & (b)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-None 2nd offense-6 to 60 days Subsequent offense-60 days to 4 months §17C-6-8(b)

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-$50 to $100 2nd offense-$50 to $500 Subsequent offense-$100 to $1,000 §17C-6-8(b)

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding:

(continued)

Racing on Highway: (continued)

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation §17C-6-8(c)

Length of Term of

Licensing Withdrawal: 1st offense-6 months 2nd offense (within 2 years)-2 years Subsequent offense (within 5 years)-5 years §17C-6-8(c)

Mandatory Action--Minimum

Length of License

Withdrawal: 1st offense-6 months 2nd offense (within 2 years)-2 years Subsequent offense (within 5 years)-5 years §17C-6-8(c) These revocation periods appear to be mandatory.

Other:

Reckless Driving: Misdemeanor §§17C-5-3(a) & 17C-18-1(a)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-5 to 90 days Subsequent offense-10 days to 6 months §17C-5-3(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $500 Subsequent offense-$50 to $1,000 §17C-5-3(c)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension Based on Frequent Violation of the Traffic Laws⁶ §17B-3-6(a)(3) & (4) Revocation-3 reckless driving convictions within 24 months §17B-3-5(5)

Length of Term of License

Withdrawal Action: Suspension-Not more than 1 year §17B-3-8 Revocation-1 year §17B-1-1(q)

Mandatory Term of License

Withdrawal Action: Suspension-None License action is discretionary. §17B-3-6(a) Revocation-1 year §17B-1-1(q)

Other: If an offender successfully completes a Driver Improvement Program, they may have points deducted from their driving record. CSR §91-5-8

Commercial Motor Vehicle (CMV) Operators⁽⁷⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁸⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §17E-1-13(e)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §17E-1-13(e)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §17E-1-13(e)

1. ¹This speed limit is in effect "during school recess or while children are going to or leaving school during opening or closing hours." §17C-6-1(b)(1)

2. ²If the speed alteration by a local government applies to a State highway, such alteration must be approved by the State Road Commission. §17C-6-3(d)

3. ³Trucks weighing 8,000 lbs. may be driven at the same speed as passenger cars. §17C-6-4

4. ⁴Penalty for Exceeding the Speed Limit on a Controlled Access Highway. An offender, who exceeds the posted maximum speed limit on a controlled-access highway by <MPH, is only subject to a fine of not more than $5 plus court costs. In addition, no abstract of the conviction for this offense is to be transmitted to the licensing agency. §17C-6-1(f)

5. ⁵These offenses include violations of §§17C-6-4 and 17C-6-5.

6. ⁶Point System. The licensing agency has established the following point system to assist it identifying offenders who may be subject to licensing action because of frequent violations of the traffic laws. I. When an offender has accumulated 12 points, they may be subject to either a waning letter, probation for not more than 1 year or license suspension for not more than 1 year. CSR §91-5-7 II. The following points have been assigned to speeding or speed related violations: Reckless driving-6 points; speeding in a school zone-6 points; speeding >75 MPH on highways with a speed limit <65 MPH-6 points; speeding >80 MPH on highways with a speed limit of 65 MPH-6 points; driving too fast for conditions-3 points; speeding in excess of the speed limit where speed was <75 MPH-3 points; and, all other moving violations-2 points. Title 91 CSR, Table 91-5

7. ⁷A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §17E-1-3 & 49 CFR §383.5

8. ⁸A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §17E-1-3