(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) (1) Where no special hazard exists that requires lower speed for compliance with division (A) above 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 section or established as hereinafter authorized is unlawful. The following speed limits apply:
(a) In a school zone during school recess or while children are going to or leaving school during opening or closing hours: 15 mph. 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;
(b) In any business or residence district unless otherwise posted: 25 mph; and
(c) On open country highways, except as otherwise provided by this title: 55 mph.
(2) The speeds set forth in this section may be altered as authorized in W. Va. Code Ch. 17C-6 or as said West Virginia Code section(s) may be amended from time to time.
(C) The driver of every vehicle shall, consistent with the requirements of division (A) 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.
(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 55 mph and the speed limits specified in division (B) above do not apply.
(Ord. passed 5-11-2021) Penalty, see § 71.999
Statutory reference:
Related provisions, see W. Va. Code 17C-6-1