Bill That Would Strike Down ‘Rolling Coal’ Sparks Senate Committee Debate

A bill that would restrict “rolling coal” — a form of protest in which drivers release thick clouds of smog from there vehicles — advanced in the West Virginia Senate on Monday, but not without pushback from some lawmakers.

A controversial bill that would prohibit “rolling coal” on roadways advanced in the West Virginia Senate Transportation and Infrastructure Committee on Monday — but not without pushback from some lawmakers.

Rolling coal refers to modifying diesel fuel in a motor vehicle in order to pollute the air with thick, dark smog. For years, rolling coal on highways has served as a display of allegiance to the coal industry in spite of mounting environmentalist pushback.

Elsewhere in the United States, lawmakers have restricted the form of protest in light of environmental, health and safety concerns associated with emitting a pollutant into the air.

Now, West Virginia legislators are considering their own restrictions on the practice. The West Virginia Senate is actively reviewing Senate Bill 436, which would render the contentious form of protest a misdemeanor.

The bill reached the Senate Transportation and Infrastructure Committee on Monday, where discussions focused on the safety risk associated with reduced visibility on West Virginia roads.

Sponsored by Sen. Jack Woodrum, R-Summers, the bill penalizes deliberately selling, making or using diesel additives to produce “visible smoke emissions.” It would apply to all motorized vehicles on public roadways, but not on private land.

The bill passed through the committee Monday but drew pushback from senators who described it as a crackdown on pro-coal West Virginians, or an unnecessary piece of legislation to focus on.

Rolling coal refers to the deliberate emission of thick, black smog from a motor vehicle.
Credit: toa555/Adobe Stock

Sen. Robert Karnes, R-Randolph, was an outspoken critic of the bill during Monday’s meeting. Karnes alleged the pending law would suppress some West Virginians’ right to protest.

“People who are doing this rolling coal are simply expressing their support for West Virginia’s coal industry,” Karnes said. “This is an attack on people who support our coal industry.”

“We may not like that particular statement,” he continued. “But they have a right to express their political views.”

Others who voted to advance the bill said that, regardless of their own perceptions of the protests, the law would not mark a clear enough suppression of coal supporters’ rights to preclude it from further consideration.

“I don’t see this as an anti-coal bill,” said Sen. Glen Jeffries, R-Putnam.

Regardless, members of the committee agreed to scale back penalties for those who violate the law.

Under an earlier draft of the bill, repeat rolling coal offenders could face up to six months imprisonment. The committee deemed this excessive, and amended the bill so that violators would only incur fines up to $500.

With the committee’s approval, the amended bill will now return to the Senate where lawmakers will determine whether to send it to the House of Delegates.

Senate Bill Could Prohibit Driving Too Slow In Left Lane

The West Virginia Senate advanced legislation that would crack down on slow driving in the left lane of an interstate highway.

Updated on Monday, Jan. 29, 2024 at 5:26 p.m.

A new bill advancing through the West Virginia Senate aims to ensure slow drivers steer clear of the left lane. 

On Monday, the Senate Transportation and Infrastructure Committee advanced Senate Bill 441, which would penalize drivers for traveling at an unsafely slow speed in the leftmost lane of a four-lane interstate highway.

The bill would affect 25 different roadways in West Virginia, each of which would receive signage to notify drivers of the law. Committee Attorney Marey Casey said the bill was based on legislation in other states, including Arkansas.

Under the bill, driving too slowly in the left lane would be classified as a misdemeanor, and punishable by fines of $100 for first offense, or $200 for each subsequent offense within a year.

Unsafe driving is not defined in a numerical, miles-per-hour manner in the bill. Instead, it describes the offense as driving slowly enough “to impede or block the normal and reasonable movement of traffic.” Ultimately, law enforcement officials would determine whether an individual drives at a slow enough speed to commit the offense.

Still, the bill makes exceptions for some circumstances, like when drivers pass one another, navigate around highway construction, or seek to avoid dangerous road conditions.

The bill passed through the committee with no pushback, and will be referred back to the Senate for a first reading.

**Editor’s Note: A previous version of this story said the bill had been referred to the full Senate on third reading. This was incorrect. The bill has been sent to the Senate and is expected to be on first reading.

Thanksgiving Holiday W.Va. Turnpike Travel Tips

An estimated 710,000 drivers will pass through the West Virginia Turnpike toll booths over the six day Thanksgiving holiday period.

An estimated 710,000 drivers will pass through the West Virginia Turnpike toll booths over the six day Thanksgiving holiday period. 

Like the rest of the country, Wednesday and Sunday are expected to be the busiest of the six turnpike holiday travel days. 

Parkways Authority Executive Director Jeff Miller said motorists should watch for traffic flaggers at the toll booths. He suggested those drivers without an EZ Pass move to the right lanes with the $4.25 required toll at hand.

“Don’t just stay on that left side and help disperse the traffic evenly throughout all the tolling booths,” Miller said. “We always encourage everyone to participate in our EZ Pass program. Not only is it a great discount offered at $26.25 a year for unlimited travel, but it really does provide for the fastest throughput of traffic through the tolling facilities, and really benefits everyone, even on our operations side of the process.” 

Miller said if you need assistance on the turnpike, dial star (*) S-P, and a courtesy patrol member or a state police cruiser will be there within minutes. 

“If you happen to run out of gas, we’ll get you a little bit of gas to get you off an exit to get filled up or if you have a flat tire,” Miller said. “It’s just such a busy time of year and there’s so much traffic that we just absolutely do not want anybody to be stuck on the side of the roadway while they’re trying to get to their friends or family to enjoy Thanksgiving dinner – or upon their return.”

Miller requested that motorists who exit the turnpike toll booths, exercise patience, caution and respect for other drivers who are merging back into regular traffic.

“Be cognizant of the speed limit signs as you go through the tolling facilities and try not to cut anybody off,” he said.

Miller said there are no construction projects on the turnpike planned for this time of year.

“There’s a requirement that traffic construction must be picked up or completed right before Thanksgiving to allow for use of the roadway,” he said. “If there is anything that does occur, just know that it is on an emergency basis and something that has to be done right away.”

Miller said West Virginia drivers can stop by the Beckley EZ Pass center or our Charleston EZ Pass center and sign up for a pass on Tuesday, and it would be activated and ready for use on Wednesday.

To get an EZ Pass, or to renew an existing EZ Pass online, click HERE. In person EZ Pass applications can be made at the West Virginia Parkways Authority EZ Pass Customer Service Center, 3310 Piedmont Road in Charleston, or at the Beckley Customer Service Center located at 12 Pikeview Drive, Beckley.

State Officials Recognize National School Bus Safety Week

This week is National School Bus Safety Week and the West Virginia Governor’s Highway Safety Program is reminding drivers and pedestrians about the state’s school bus laws.

This week is National School Bus Safety Week and the West Virginia Governor’s Highway Safety Program is reminding drivers and pedestrians about the state’s school bus laws.

The program is specifically focusing on the illegal passing of school buses while the stop-arm is extended, signaling that children are entering or exiting. Drivers should come to a complete stop until the arm is retracted and the bus begins to move.

The area where children are entering or leaving buses is called the “danger zone,” which can be 10 feet in front of the bus, 10 feet outside either side of the bus or anywhere behind the school bus.

Aimee Cantrell of the Highway Safety Program said it’s part of the program’s goal to reduce the number of incidents on West Virginia roadways.

“Not to be cliche, but school buses are transporting one of our most precious natural resources, right, our kids,” Cantrell said. “That’s why, as motorists, it’s our responsibility to just kind of keep an extra eye out, extra caution.”

The National Highway Traffic Safety Administration (NHTSA) reports 183 pedestrian deaths and 112 deaths of occupants in school-transportation-related crashes from 2011 to 2020, with 21 percent of school-age pedestrians killed in school-transportation-related crashes struck by vehicles moving straight.

However, school buses are statistically one of the safest vehicles on the road for children, accounting for less than one percent of all traffic fatalities.

Cantrell says recognizing school bus safety is also important for pedestrians.

“We would encourage any bus rider to arrive at the bus stop five minutes early, to take at least five giant steps away from the edge of the road and wait until the bus stops, the door opens and the driver says it’s okay before stepping onto the bus,” Cantrell said.

The annual observation coincides with a bus crash in Mingo County, when it collided with a truck on the King Coal Highway around 7 a.m. Tuesday morning. It hospitalized seven students and killed the truck driver.

More resources about school bus safety can be found at the NHTSA’s website.

Pedestrian Safety Campaign Launched At Marshall University

The program, called Heads Up Herd, reminds students and pedestrians about ways to stay safe around busy traffic. These include basic tips like looking away from cell phones while crossing, using crosswalks and making eye contact with drivers.

Marshall University is introducing a new pedestrian safety campaign in response to a fatal collision on campus last fall.

The program, called Heads Up Herd, reminds students and pedestrians about ways to stay safe around busy traffic. These include basic tips like looking away from cell phones while crossing, using crosswalks and making eye contact with drivers.

As part of the program, professors are provided with pedestrian safety PowerPoints as class material and students are given reflective, iron-on patches for their backpacks.

“In my whole career here, the biggest complaint I got was how our students and community cross the streets. So that’s what we’re working on,” said Marshall Director of Public Safety Jim Terry.

The program exists as a response to a fatal accident in which an oncoming vehicle struck and killed a Marshall University student on campus. The state’s Department of Transportation (DOT) is set to begin the second phase of a traffic safety audit next month.

“We average a student a year hit by vehicles. And it’s dangerous,” Terry said. “And 95 percent of the time, or higher, it’s the pedestrian’s fault.”

Last month, the school also partnered with the city of Huntington and the DOT to help make the campus safer for pedestrians. One of the proposals included speed limit reductions from 35 mph to 25 mph on 3rd and 5th Avenues. A new crosswalk on 20th Street outside the school’s rec center also provides safe passage from the main parking lot.

W.Va. Turnpike Holiday Traffic Tops 884,000 Vehicles

The West Virginia Turnpike saw more than 884,000 vehicles pass through its toll booths in the week leading up to Memorial Day.

The West Virginia Turnpike saw more than 884,000 vehicles pass through its toll booths in the week leading up to Memorial Day.

The West Virginia Department of Transportation says the total included heavier-than-expected traffic on Tuesday and Wednesday of last week.

West Virginia Parkways Authority Executive Director Jeff Miller says that could have been because travelers were trying to get out ahead of heavy rains forecast for that Thursday.

Miller said the Thursday and Friday were the “big days,” when more than 268,000 vehicles used the turnpike.

Miller said there were no significant delays for turnpike drivers over Memorial Day weekend.

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