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
Traffic signals designated - see TRAF. 305.06
 
 
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)
313.06  UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW, ADVERTISING.
   (a)   No local authority or person shall place, maintain or display upon or in view of any street or highway any unauthorized traffic control device or traffic control signal, or any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic control device bearing thereon any commercial advertising.  This shall not be deemed to prohibit the erection upon private property adjacent to a street or highway of signs giving useful directional information and of a type that cannot be mistaken for official signs.
   (b)   Every such prohibited device, signal, sign or marking is hereby declared to be a public nuisance and the Commissioner of Highways or other authority having jurisdiction over the street or highway is hereby empowered to remove the same or cause it to be removed without notice.
(WVaC 17C-3-8)
313.07  ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES.
   No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.  (WVaC 17C-3-9)
313.08  TRAFFIC VIOLATIONS IN CONSTRUCTION ZONES.
   (a)   Where street or highway construction work is being conducted, signs and other traffic control devices, as adopted in West Virginia Code 17C-3-1, shall be posted giving the location of the work and notifying all motorists as to the speed limit and any other traffic restrictions.
   (b)   No person shall violate any posted speed restriction or traffic restriction at such construction site referred to in subsection (a) of this section.
   (c)   Nothing in this section shall be construed to preclude prosecution of any operator of a motor vehicle who commits a violation of any other provision of this Traffic Code for such violation.
(WWaC 17C-3-4b)
313.99  PENALTY.
   (EDITOR'S NOTE:  See Section 303.99 for general Traffic Code penalty if no specific penalty is provided.)
   (a)   General Penalty.  Whoever violates Section 313.01 , 313.02 or 313.04 shall be fined not more than one hundred dollars ($100.00); upon a second conviction within one year thereafter shall be fined not more than two hundred dollars ($200.00); and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00).
   (b)   Construction Zones. 
      (1)   Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in Section 313.08 by less than fifteen miles per hour shall be fined not more than two hundred dollars ($200.00).
      (2)   Any person who exceeds any posted speed restriction or traffic restriction at a construction site referred to in Section 313.08 by fifteen miles per hour or more shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than twenty days, or both.