Relating to pedestrians standing in or near the right of way
Summary
HB5348 would add a new section to West Virginia’s traffic code making it unlawful for any person to stand in a roadway or on a right of way. The bill’s stated purpose is to address public safety concerns created when people stand in the middle of roadways, on rights of way, or near roadways, which the Legislature finds can endanger both pedestrians and motorists.
The bill creates a misdemeanor offense for violating the prohibition and sets a graduated fine schedule: up to $100 for a first conviction, up to $200 for a second conviction within one year, and up to $500 for a third or subsequent conviction. It does not create a jail penalty and does not appear to include exceptions or enforcement standards in the text provided.
Impact
If enacted, HB5348 would expand West Virginia’s traffic and pedestrian-related laws by adding a new prohibition in Chapter 17C, Article 13. It would give law enforcement and courts a new basis to cite and fine individuals who stand in roadways or rights of way, and it would affect pedestrians, protestors, and others who may be present in or near traffic lanes. The bill would also establish a new misdemeanor offense and fine structure within the state code.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, the available sentiment appears generally safety-oriented and supportive of the bill’s stated goal of reducing roadway hazards. The findings section frames the measure as a public safety response rather than a broader regulatory change. No contrary viewpoints are documented in the materials provided.
Contention
The main potential point of contention is the breadth of the prohibition, which applies to anyone standing in a roadway or right of way and does not specify exceptions for lawful activities, emergencies, roadside assistance, or expressive conduct. That could raise concerns for pedestrians, protest organizers, civil liberties advocates, and others who may view the measure as overbroad or difficult to enforce. Supporters are likely to emphasize motorist and pedestrian safety, while critics may focus on vagueness, enforcement discretion, and impacts on lawful presence near roadways.