(a) No person shall drive a motor vehicle and meet or overtake from either direction a stopped waste service vehicle at a speed in excess of fifteen miles per hour.
(b) For purposes of this section, "waste service vehicle" means any garbage collection vehicle, including a vehicle collecting recyclables or yard waste, which is used for curbside collection, makes frequent stops and is not fully automated.
(c) The speed limitation set forth in subsection (a) of this section applies only under the following circumstances:
(1) The waste service vehicle is identifiable as a waste service vehicle based on the vehicle configuration or markings on the vehicle;
(2) The waste service vehicle operator is giving a visual signal by means of a stationary sign to warn of the presence of workers or must use flashing lights as permitted in this code to caution other drivers; and
(3) The waste service vehicle is not located on a private driveway, controlled access highway, interstate highway, turnpike or road or highway with a center line and more than two lanes.
(d) Any person who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $300. If the person convicted of violating subsection (a) exceeded the speed limit by fifteen miles per hour or more or caused serious injury or death to a service vehicle worker, then the person shall be fined not less than $300 nor more than $1,000 or confined in jail for not more than one year, or both confined and fined.
Structure West Virginia Code
Chapter 17C. Traffic Regulations and Laws of the Road
§17C-6-1. Speed Limitations Generally; Penalty
§17C-6-2. Establishment of State Speed Zones
§17C-6-3. When Local Authorities May Alter Speed Limits
§17C-6-3a. Minimum Speed Regulations; Penalty
§17C-6-5. Special Speed Limitations; Penalty
§17C-6-6. Charging Violations; Rule in Civil Actions
§17C-6-9. Slow-Moving Vehicle Emblem
§17C-6-10. Enforcement of Article With Respect to Operations of Commercial Motor Vehicles
§17C-6-11. Special Speed Limitations When Meeting or Overtaking Waste Service Vehicles; Penalty