West VirginiaWest Virginia law sets penalties for violations in active work zones
Since June 12, 2026, West Virginia law provides fines and possible jail time for drivers who break work zone rules while workers are present.
What it does
Disobeying traffic directions near road work while a worker is present is a misdemeanor. A conviction may bring a fine of up to $250 for a first offense, $500 for a second, and $1,000 for later offenses.
Breaking posted speed or traffic limits in a work zone while a worker is present is a misdemeanor. A conviction may bring a fine of up to $500 or, for going 15 miles per hour or more over the limit, up to $1,000 and 30 days in regional jail.
A distracted driving conviction in a work zone while a worker is present may bring a fine of up to twice the usual amount.
Argument forThe penalties could encourage drivers to slow down and follow traffic rules where road crews are working.
Argument againstDrivers who break work zone rules while workers are present could face large fines, and serious speeding could bring jail time.
More detail
A driver convicted of disobeying traffic directions near road work while a worker is present may be fined up to $250 for a first offense, $500 for a second, and $1,000 for later offenses. This applies to drivers who fail to follow directions from an officer or an authorized person controlling traffic near street or highway construction or maintenance when a worker is present. The driver must be convicted for these penalties to apply. The law took effect 90 days after passage, on June 12, 2026.
A driver convicted of breaking posted speed or traffic limits in a work zone while a worker is present may be fined up to $500 for going less than 15 miles per hour over the limit, or up to $1,000 and 30 days in regional jail for going 15 miles per hour or more over. This applies at posted street or highway construction sites when a worker is present. For speeding or other posted restrictions, the higher penalty depends on how far the driver exceeds the restriction. The law took effect 90 days after passage, on June 12, 2026.
A driver convicted of violating the state's distracted driving law in a work zone while a worker is present may be fined up to twice the amount allowed for that offense. This applies to violations of the state's distracted driving law within a posted construction site. The doubled fine applies only when a worker is present. The law took effect 90 days after passage, on June 12, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 198, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 31To Governor 3/31/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/31/2026 - Senate JournalMinor
- Mar 14House Message received
- Mar 14Completed legislative action
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment and title amendment and passed bill (Roll No. 637)
- Mar 14House received Senate message
- Mar 12Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 12Title amendment adopted
- Mar 12Passed Senate (Roll No. 519)Passed Senate
- Mar 12Amended on 3rd reading (Voice vote)
- Mar 12Unanimous consent to amend on 3rd reading
- Mar 12Deferred until foot of 2nd reading
- Mar 12Read 3rd timeMinor
- Mar 12On 3rd reading
- Mar 11Floor amendment adopted (Voice vote)
- Mar 11Read 2nd timeMinor
- Mar 11On 2nd reading
- Mar 10Read 1st timeMinor
- Mar 10Immediate consideration
- Mar 10Reported do passMinor
- Mar 5To Transportation and Infrastructure
- Mar 5To Transportation and Infrastructure
- Mar 5Introduced in SenateMinor
- Mar 4Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Mar 4Title amendment adopted (Voice vote)
- Mar 4Passed House (Roll No. 287)Passed House
- Mar 4Read 3rd timeMinor
- Mar 4On 3rd reading, Special Calendar
- Mar 3Amendment adopted (Voice vote)
- Mar 3Amendment reported by the Clerk
- Mar 3Read 2nd timeMinor
- Mar 3On 2nd reading, Special Calendar
- Mar 2Read 1st timeMinor
- Mar 2On 1st reading, Special Calendar
- Feb 28By substitute, do pass
- Feb 26Markup Discussion
- Jan 19To House JudiciaryMinor
- Jan 19Introduced in HouseMinor
- Jan 19To JudiciaryMinor
- Jan 19Filed for introductionIntroduced
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