ARTICLE 313
Traffic Control Devices
313.01   Obedience to traffic control devices.
313.02   Obedience to traffic control instructions at street construction.
313.03   Traffic control signal terms and lights.
313.04   Pedestrian control signals.
313.05   Flashing traffic signals.
313.06   Unauthorized signs and signals, hiding from view, advertising.
313.07   Alteration, injury, removal of traffic control devices.
313.08   Traffic violations in construction zones.
313.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Authority to place traffic control devices - see W. Va. Code 17C-2-8(a)(2), 17C-3-3
Placing traffic control devices on State highways - see W. Va. Code 17C-2-8(b), 17C-3-2
Local regulations requiring traffic control devices -  see W. Va. Code 17C-2-8(c)
Traffic control devices defined - see TRAF. 301.43
Traffic control signal defined - see TRAF. 301.44
313.01  OBEDIENCE TO TRAFFIC CONTROL DEVICES.
   (a)   The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this Traffic Code, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Traffic Code.
   (b)   No provision of this Traffic Code for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(WVaC 17C-3-4)
313.02  OBEDIENCE TO TRAFFIC CONTROL INSTRUCTIONS AT STREET CONSTRUCTION.
   The driver of any vehicle shall obey the traffic-control instructions of any law enforcement officer or persons authorized by the Commissioner of Highways or by proper local authorities to operate traffic control devices, act as flagmen or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work, for the purpose of regulating, warning or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this Traffic Code.
(WVaC 17C-3-4a)
313.03  TRAFFIC CONTROL SIGNAL TERMS AND LIGHTS.
   Whenever traffic is controlled by traffic control signals exhibiting the words "go," "caution" or "stop," or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
   (a)   Green alone or "go":
      (1)   Vehicular traffic facing the signal, except when prohibited under Section 343.02, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.  But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
      (2)   Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
   (b)   Yellow alone or "caution" when showing following the green or "go" signal:
      (1)   Vehicular traffic facing the signal is thereby warned that the red or "stop" signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "stop" signal is exhibited.
      (2)   Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right of way to all vehicles.
   (c)   Red alone or "stop":
      (1)   Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "go" is shown alone except as provided in subsection (c)(2) and (3) hereof.
      (2)   A vehicle which is stopped in obedience to a red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection, may cautiously make a right turn but such vehicle shall yield the right of way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that Council may by ordinance prohibit any such right turn against a red or "stop" signal at any intersection which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
      (3)   A vehicle which is stopped in obedience to a red or "stop" signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection on a one-way street which intersects another one-way street on which traffic moves to the left, may cautiously make a left turn into the one-way street but such vehicle shall yield the right of way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that Council may by ordinance prohibit any such left turn against a red or "stop" signal at any intersection, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
      (4)   No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
   (d)   Red with green arrow:
      (1)   Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
      (2)   No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
   (e)   In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.  Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
      (WVaC 17C-3-5)
313.04  PEDESTRIAN CONTROL SIGNALS.
   Whenever special pedestrian control signals exhibiting the words "walk" or "wait" are in place such signals shall indicate as follows:
   (a)   Walk.  Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
   (b)   Wait.  No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
      (WVaC 17C-3-6)
313.05  FLASHING TRAFFIC SIGNALS.
   Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
   (a)   Flashing Red (Stop Signal).  When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
   (b)   Flashing Yellow (Caution Signal).  When a yellow lens is illuminated with rapid intermittent flashes, drivers of  vehicles may proceed through the intersection or past such signal only with caution.
   Local authorities, in areas that experience low traffic times, may permit flashing signals between the hours of eleven o’clock p.m. and six o’clock a.m.
(WVaC 17C-3-7)
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