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Speed zone enforcement bill alive in House of Delegates

CHARLESTON, W.Va. — The House Judiciary Committee has sent House Bill 4538, to allow the limited use of equipment to enforce speed limits in Division of Highways work zones, to the full House for passage.

Jason Pizatella

West Virginia Contractors Association President and CEO Jason Pizatella testified that five workers in construction zones were killed last year. Over the last five years, there have been more than 1,700 work zone crashes that have killed 15 workers.

“We as an industry have had a number of fatalities in recent years,” Pizatella said. “On the private side, we’ve had one, and the state had one last year on the turnpike, losing a parkway employee where speed was a factor.”

The bill would increase fines for those cited for going 15 miles an hour or less over the speed limit from $200 to $500, and for 15 miles an hour and over, the fines jump from $200 to $1,000. Maximum jail time for the misdemeanor increases from 20 to 30 days.

“The way this statute is written, it would only apply to a work zone that is active with flashing lights,” Pizatella said. “This would only apply in a work zone with a lane restriction and a law enforcement officer is physically present.”

Pizatella told committee members the fines in that section of state code have been increased in about 30 years. Further, the judge would have the authority to levy a fine up to the maximum based on the severity of the violation.

“These fines were last reviewed by the legislature in the 1990s, so we thought increasing them would be appropriate,” Pizatella said.

Bill Flanigan, R, Ohio, said he’ll add an amendment to add distracted driving to the bill. Distracted driving and excessive speed are two major factors in serious work zone crashes.

“I would love to put an amendment together that would include distracted driving on this bill, and I can wait for the floor to do that; that will be fine,” Flanigan said.

Pizatella said this measure and the enhancements to the move-over law, adding tow trucks and construction vehicles, are part of their overall strategy to increase safety.

“It’s not before the committee, and it won’t be this year, but we’re continuing to work on it and refine it,” Pizatella said. “The addition of new technology and methods for law enforcement to enforce speed restrictions.”





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