West Virginia motorists often forget standard rules of the road by passing on the right or not yielding the right of way when required.
West Virginia has enacted traffic laws to help everyone on the state’s roads reach their destinations safely. Despite this, many drivers ignore the rules of the road, creating a dangerous situation for other motorists.
Keep reading to find out seven of the most commonly ignored West Virginia traffic laws. You’ll also learn how to comply with the laws and avoid tickets.
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1. West Virginia Slower Traffic Keep Right Law: The “Move Over” Rule
West Virginia requires slower drivers to move over to the right. If you are driving slower than the pace of traffic, use the far right-hand lane or stay close to the right curb. You must do this unless you are preparing to make a left turn or pass another vehicle.
Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle or when preparing for a left turn at an intersection or into a private road or driveway.
2. West Virginia Flow of Traffic Law: The “Minimum Speed” Rule
You may see minimum speeds posted on various West Virginia roads. When a minimum speed is set on a highway, you need to travel at least that fast. Even when there isn’t a minimum speed, you can’t drive so slowly that you block the normal flow of traffic. Exceptions to these rules are in place for when you need to drive slower for safety or to comply with the law.
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.
Whenever the commissioner or local authorities determine that slow speeds on any part of the highway consistently impede the normal and reasonable movement of traffic, the commissioner or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
3. West Virginia Driving in Left Lane Law: The “Passing on the Left” Rule
West Virginia drivers are required to pass on the left. If you need to cross the center line to pass, you must complete the maneuver before coming within 100 feet of any oncoming traffic. Otherwise, you need to safely overtake the other vehicle and move back to the right once clear.
If you are being passed, you must give way to the other vehicle and cannot speed up until they are done with the pass.
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and pass to the left of the overtaken vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and may not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.
4. West Virginia Rear-End Collision Law: The “Following Too Closely” Rule
To avoid illegal tailgating in West Virginia, you must leave a “reasonable and prudent” space between you and the vehicle in front. The distance you need to leave will vary based on your speed and the conditions on the road. So a reasonable amount of space may be smaller on a sunny day than it is in bad weather or heavy traffic.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
5. West Virginia Mobile Phone Driving Law: The “Hands-Free Driving” Rule
In West Virginia, it is against the law to use a cell phone while driving. Even when stopped in traffic or at a light, you cannot use your phone unless it can be operated hands-free. However, an exception is in place to allow you to report a safety issue like an accident, road hazard, or medical problem.
A person may not drive or operate a motor vehicle on a public street or highway while texting or using a cell phone or other electronic communications device, unless the use is accomplished by hands-free equipment.
“Driving” or “operating a motor vehicle” means operating a motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays, but does not include operating a motor vehicle after the driver has moved the vehicle to the side of, or off, a highway and halted in a location where the vehicle can safely remain stationary.
“Using a cell phone or other electronic communication device” means holding in a person’s hand or hands an electronic communication device while viewing or transmitting images or data; playing games; composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or other electronic data; or engaging in a call.
This shall not apply to a person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious road hazard, or a medical or hazardous materials emergencies.
6. West Virginia Four-Way Intersection Law: The “4-Way Stop” Rule
When two vehicles reach a West Virginia intersection at nearly the same time, the driver to the right has the right of way. The driver to the left must yield and wait until the other vehicle has cleared the intersection before moving through it.
When two vehicles enter an intersection from a different highway at approximately the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
7. West Virginia Left Turn Intersection Law: The “Right of Way” Rule
West Virginia’s rules of the road require you to cede the right of way to oncoming vehicles before making a left turn. First, you must let any cars that are close enough to create a safety issue go. Then, you can start your turn.
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded, may make such left turn and the drivers of all vehicles approaching from said opposite direction shall yield the right-of-way to the vehicles making the left turn.
Complying with West Virginia’s laws is crucial to being a safe and courteous motorist. Following the rules of the road will help you reach your destination safely and without a ticket. So, keep these seven often overlooked laws in mind the next time you head out on the roads.