Relating to pedestrians standing in or near the right of way
Summary
HB2892 amends West Virginia’s pedestrian-rights statute to create a new offense of “unlawful traffic interference.” The bill keeps existing rules about pedestrians using sidewalks when available, walking on the left side of the road when no sidewalk exists, and not standing in a roadway to solicit rides. It adds a new prohibition against any person impeding vehicular traffic with their body or by placing objects in a way that blocks traffic, unless another law or government authorization allows it.
The bill also establishes criminal penalties for violating the new traffic-interference provision. A first conviction would be a misdemeanor punishable by a fine of up to $100, a second conviction within one year by up to $200, and a third or subsequent conviction by up to $500. The measure is framed as an amendment to the state code section governing pedestrians’ rights and duties, and it would expand enforcement authority over conduct in roadways and rights-of-way.
Impact
HB2892 would change West Virginia Code §17C-10-6 by adding a specific misdemeanor offense for obstructing vehicular traffic, thereby giving law enforcement and prosecutors a clearer statutory basis to cite or charge people who physically block roads or traffic lanes. It would affect pedestrians and any other individuals who use their bodies or objects to impede traffic, while preserving exceptions for conduct otherwise authorized by law or by the appropriate governmental authority.
Sentiment
The available voting history suggests strong support for the bill: it passed the House unanimously, 99-0. No committee transcript excerpts were provided, so there is no recorded floor or committee debate to indicate organized opposition in the materials supplied. Overall, the bill appears to have been received as a public-safety and traffic-order measure rather than a controversial policy change.
Contention
The main point of potential contention is the scope of the new prohibition on impeding traffic, especially the phrase covering obstruction by a person’s body or by placing objects in the roadway. Critics could view that language as broad enough to reach protests, demonstrations, or other expressive conduct near roadways, while supporters would likely characterize it as a necessary safety and traffic-flow rule. The bill’s exceptions for conduct allowed by law or government authority may be important in limiting disputes over permitted events or official road closures.
Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Department Revenue, State Budget Office, PEIA Rainy Day Fund