This bill amends the Code of West Virginia by introducing new sections that address school bus safety violations by vehicle operators. It establishes the offense of aggravated illegal passing of a stopped school bus, which occurs under specific aggravating circumstances, such as exceeding the speed limit by 10 miles per hour or more, passing on the side where children are entering or exiting, or when a child is present in the vicinity of the bus. Penalties for this offense include fines ranging from $1,500 to $5,000, confinement in a regional jail, and mandatory driver’s license suspension for varying durations based on the number of offenses. Additionally, if serious bodily injury or death results from such a violation, the offender will face felony charges.
The bill also mandates that individuals convicted of violating the school bus safety laws must complete a driver education safety course as a condition for reinstating their driving privileges. It specifies that violations will result in six points being added to the individual's driver's license. Furthermore, it introduces provisions for administrative penalties based on evidence from stop-arm cameras, allowing for the inference of owner liability when the vehicle operator is unknown. The adjudication of any penalties will be conducted through the administrative hearing process established by the Division of Motor Vehicles, with the right to appeal.
Statutes affected: Introduced Version: 17C-12-7, 17C-12-7a, 17C-12-7b, 17C-12-7c, 17C-12-7d
Committee Substitute: 17C-12-7b, 17C-12-7c, 17C-12-7d