(A) Maximum speed limits.
(1) 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.
(2) (a) Where no special hazard exists that requires lower speed for compliance with division (A)(1) above, the speed of any vehicle not in excess of the limits specified in this subchapter 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:
1. Fifteen mph 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 125 feet along such street or highway from the school grounds. Such 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 mph in any business or residence district; and
3. Fifty-five mph on open country highways, except as otherwise provided by this section.
(b) The speeds set forth in this subchapter may be altered as authorized in W.Va. Code Art. 17C-6.
(3) The driver of every vehicle shall, consistent with the requirements of division (A)(1) above, 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.
(4) 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 55 mph and the speed limits specified in division (A)(2) above do not apply.
(Prior Code, § 335.01)
(B) Slow speed. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(Prior Code, § 335.02)
(C) Special speed limitations.
(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 mph in any business district;
2. Twenty-five mph in any residence district;
3. Forty mph on open country highway; and
4. Trucks licensed at 8,000 pounds gross vehicle weight or less shall be permitted the same speed as passenger cars.
(b) No person shall drive any vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten mph.
(2) 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.
(Prior Code, § 335.03)
(D) Racing on streets and highways prohibited. No person shall engage in, or aid or abet by serving as lookout or timer or in any other capacity whatever, any speed race, as defined herein, on any public street or highway in the municipality. For the purposes of this division (D), SPEED RACE means:
(1) The operation of a motor vehicle in speed acceleration competition with another motor vehicle or motor vehicles;
(2) The operation of a motor vehicle in speed acceleration competition against time; or
(3) The operation of a motor vehicle in speed competition with another motor vehicle or motor vehicles where the speed exceeds the lawful speed limit.
(Prior Code, § 335.04)
(E) Prima facie evidence of speed by radar. The speed of a motor vehicle may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves, when such evidence is obtained by members of the Police Department. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle.
(Prior Code, § 335.05) Penalty, see § 75.999
Statutory reference:
Related provisions, see W.Va. Code §§ 17C-6-1, 17C-6-3a(a), 17C-6-4, 17C-6-5, 17C-6-7, 17C-6-8(a)