335.01 Maximum speed limits.
335.02 Slow speed.
335.03 Special speed limitations.
335.04 Racing on streets and highways prohibited.
335.05 Prima facie evidence of speed by radar.
335.06 Slow moving vehicle emblem.
335.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to regulate speed - see W. Va. Code 17C-2-8, 17C-6-3
Minimum speed regulations - see W. Va. Code 17C-6-3(a)
Special speed limitations - see W. Va. Code 17C-6-4 et seq.
Use of radar - see W. Va. Code 17C-6-7
(a) No person may drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the streets and highways in compliance with legal requirements and the duty of all persons to use due care.
(b) Where no special hazard exists that requires lower speed for compliance with subsection (a) of this section the speed of any vehicle not in excess of the limits specified in this section or established as hereinafter authorized is lawful, but any speed in excess of the limits specified below in this subsection or established as hereinafter authorized is unlawful. The following speed limits apply:
(1) Fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours. A school zone is all school property including school grounds and any street or highway abutting such school grounds and extending one hundred twenty-five feet along such street or highway from the school grounds and, in the case of school property not abutting a street or highway but accessed through a right-of-way granted for entrance to school property, a school zone established by an engineering study conducted by the Division of Highways is all school property, including school grounds and any property within the access right-of-way, and extending one hundred twenty-five feet along the street or highway from the entrance to the access right-of-way. The speed restriction does not apply to vehicles traveling on a controlled-access highway which is separated from the school or school grounds by a fence or barrier approved by the Division of Highways;
(2) Twenty-five miles per hour in any business or residence district;
(3) Fifty-five miles per hour on open country highways; except as otherwise provided by this article.
(4) Fifty-five miles per hour on open country streets and highways, except as otherwise provided by this article.
The speeds set forth in this section may be altered as authorized in West Virginia Code Article 17C-6.
(c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) The speed limit on controlled-access highways and interstate highways, where no special hazard exists that requires a lower speed, shall be not less than fifty-five miles per hour and the speed limits specified in subsection (b) of this section do not apply.
(WVaC 17C-6-1)
(a) Subject to all other speed restrictions of this Traffic Code no person shall drive a vehicle not designed for carrying passengers and equipped with pneumatic tires at a speed in excess of:
(1) Twenty miles per hour in any business district;
(2) Twenty-five miles per hour in any residence district;
(3) Forty miles per hour on open country highway;
(4) Trucks licensed at 8,000 pounds gross vehicle weight or less shall be permitted the same speed as passenger cars.
(WVaC 17C-6-4)
(b) No person shall drive any vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten miles per hour.
No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a street or highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is so signposted.
(WVaC 17C-6-5)
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