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The provisions of this Traffic Code relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets and highways except:
(a) Where a different place is specifically referred to in a given section.
(WVaC 17C-2-1)
(a) No person shall willfully fail or refuse to comply with a lawful order or direction of any police officer or designated special officer invested by law with authority to direct, control or regulate traffic.
(WVaC 17C-2-3(c))
(b) No person shall operate a vehicle so as to willfully elude or flee a police officer or designated special officer after receiving a visible or audible signal from such an officer to bring his vehicle to a stop.
(a) The provisions of this Traffic Code applicable to the drivers of vehicles upon the streets or highways shall apply to the drivers of all vehicles owned or operated by the United States, this State, or any county, Municipality, town, district or any other political subdivision of the State, except as provided in this section and subject to such specific exceptions as are set forth in this Traffic Code with reference to authorized emergency vehicles.
(b) Unless specifically made applicable, the provisions of this Traffic Code shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a street or highway but shall apply to such persons and vehicles when traveling to or from such work. (WVaC 17C-2-4)
(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Traffic Code;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement of turning in specified directions.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted flashing lamp as authorized by Section 345.18
which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a warning light visible from in front of the vehicle.
(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(WVaC 17C-2-5)
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Traffic Code, except those provisions of this Traffic Code which by their very nature can have no application. (WVaC 17C-2-6)
Police officers are authorized to provide for the removal and impounding of a vehicle under the following circumstances:
(a) When any vehicle is left unattended upon any street, bridge or causeway and is so illegally parked so as to constitute a hazard or obstruction to the normal movement of traffic, or so as to unreasonably interfere with street cleaning or snow removal operations.
(b) When any vehicle has been abandoned or junked on private or public property as provided in West Virginia Code Article 17-24.
(c) When any vehicle has been stolen or operated without the consent of the owner.
(d) When any vehicle displays illegal license plates or fails to display the current lawfully required license plates.
(e) When any vehicle has been used in or connected with the commission of a felony.
(f) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code or West Virginia Code Article 17C-15 whereby its continued operation would constitute a condition hazardous to life, limb or property.
(g) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.
(h) When any vehicle has been operated by any person who has failed to stop in case of a crash or collision.
(i) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked.
(j) When any vehicle is found for which two or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required.
Any vehicle removed under authority of subsection (b) hereof shall be disposed of as provided under West Virginia Code Article 17-24. Any other vehicle removed under authority of this section shall be ordered into storage and the Police Department shall forthwith notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the Police Department to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towage and storage charges.
(a) All the laws of the State and all rules, regulations and orders made by the State Public Service Commission and the Commissioner of Highways, or either of them insofar as such laws, rules, regulations and orders may relate or apply to traffic on or the use of the public streets of incorporated villages, towns and cities shall be deemed to be and are hereby adopted and made a part of this Traffic Code, and any violations of such laws, rules, regulations and orders shall be a violation of this Traffic Code, provided, that nothing in this section shall be construed as adopting or incorporating herein any law, rule, regulation or order, the violation of which constitutes a felony.
(b) Should any penalty provided for any violation of this Traffic Code be inoperable by reason of conflict with the penalty required by the laws of this State for such violation, then the penalty fixed by the State law for any such violation constituting a misdemeanor shall be and constitute the penalty for such violation of this Traffic Code. (1976 Code Sec. 18-3)
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