HomeNewsWest Virginia Illegal Passing Bill Approved in Senate

West Virginia Illegal Passing Bill Approved in Senate

A bill passed by the West Virginia Senate seeks to change the law regarding the convictions process for those who illegally pass stopped school buses.

Under Senate Bill 13, which was read for the third time and passed Tuesday by a vote of 33-1, the identity of a driver who overtakes a stopped school bus would not necessarily have to be known for an investigation to proceed. If the license plate of the vehicle in question is recorded, “it may be inferred that the operator was an owner or lessee of the motor vehicle for purposes of the probable cause determination,” according to the bill text. If there is more than one registered owner for the vehicle, the first one listed in the vehicle’s registration would be the one potentially cited.

The bill seeks to amend the current state code, as currently, license plate numbers alone are not enough to charge a driver.  

Under current state law, a motorist convicted of passing a school bus illegally can be fined between $150 and $500, jailed up to six months or both. A second offense brings penalties of a $500 fine, six months in jail or both. Drivers who pass a school bus a third or subsequent time may be fined $500, jailed between 24 hours and six months or both. In addition to these penalties, the West Virginia Comissioner of Motor Vehicles can suspend a driver’s license — 30 days for a first offense, 90 days for a second and 180 for a subsequent violation.  

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The bill is now headed to the House of Delegates for consideration. 

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