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West Virginia2026Enacted

HB4538

Higher Fines for Traffic Violations in Work Zones with Workers Present

Last scannedAug 22, 2026, 11:08 AM

In one sentence

This law increases fines and adds jail time options for drivers who break traffic rules or speed in construction zones when workers are on the site.

What it does

  • Raises maximum fines for ignoring traffic control instructions from $100 to $250 if a worker is present, with higher amounts for repeat offenses within one year.
  • Increases penalties for speeding less than 15 mph over the limit in work zones with workers from $200 to $500.
  • Adds potential jail time of up to 30 days and fines up to $1,000 for speeding 15 mph or more when workers are present.
  • Doubles the standard fine amounts for violating distracted driving laws in work zones with workers on site.

Who it affects

  • Drivers who operate vehicles near street or highway construction sites
  • People convicted of traffic violations, speeding, or distracted driving in these areas

Limits and unknowns

  • The law only applies when workers are actually present at the construction site.
  • Fines and penalties depend on whether it is a first offense or if the driver has been convicted before within one year.

Plain language

Terms to know

Construction work zone
An area where road building or repair is happening and signs show speed limits or rules.
Misdemeanor
A type of crime that can result in fines, jail time, or both.

Official record

Sources

Validated
Official bill pageIntroduced textCurrent bill textStored full record

Official summary

Regarding fines in DOH work zones

Official activity

Bill history

  1. Chapter 198, Acts, Regular Session, 2026H
  2. Approved by Governor 4/1/2026H
  3. To Governor 3/31/2026H
  4. Approved by Governor 4/1/2026 - House JournalH
  5. Approved by Governor 4/1/2026 - Senate JournalS
  6. To Governor 3/31/2026 - Senate JournalS
  7. House Message receivedS
  8. Completed legislative actionH
  9. Communicated to SenateH
  10. House concurred in Senate amendment and title amendment and passed bill (Roll No. 637)H
  11. House received Senate messageH
  12. Senate requests House to concurS
  13. Title amendment adoptedS
  14. Passed Senate (Roll No. 519)S
  15. Amended on 3rd reading (Voice vote)S
  16. Unanimous consent to amend on 3rd readingS
  17. Deferred until foot of 2nd readingS
  18. Read 3rd timeS
  19. On 3rd readingS
  20. Floor amendment adopted (Voice vote)S

Changes

Amendments

10 stored

hb4538 hfa flanigan 3-2 _1.htm

This amendment lowers the fines and jail time penalties for drivers who break traffic rules or speed in highway construction zones.

hb4538 hfa flanigan akers 3-2 _1 adopted.htm

This amendment lowers the fines and jail time penalties for drivers who break traffic rules or speed in highway construction zones.

hb4538 hfa flanigan akers 3-2 _1.htm

This amendment lowers the fines and jail time penalties for drivers who break traffic rules or speed in highway construction zones.

hb4538 hfat akers 3-3 adopted.htm

This amendment changes the bill's title to clearly state that it increases fines and criminal penalties for speeding, traffic violations, and distracted driving in construction work zones.

hb4538 hfat akers 3-3.htm

This amendment changes the bill's title to clearly state that it increases fines and criminal penalties for speeding, traffic violations, and distracted driving in construction work zones.

hb4538 sfa m. maynard _1 3-11 adopted.htm

This amendment changes a single word in the bill from 'penalties' to 'fines'.

hb4538 sfa m. maynard _1 3-11.htm

This amendment changes a single word in the bill from 'penalties' to 'fines'.

hb4538 sfa m. maynard _1 3-12 adopted.htm

This amendment sets specific fines and jail time rules for drivers who ignore traffic instructions or speed limits in highway construction zones, with higher penalties if workers are present.

hb4538 sfa m. maynard _1 3-12.htm

This amendment sets specific fines and jail time for drivers who ignore traffic rules or speed limits in highway construction zones, with higher penalties if workers are present.

hb4538 sfat m. maynard _1 3-12 adopted.htm

This amendment changes the bill's title to clearly state that it increases fines and criminal penalties for speeding, traffic control issues, and distracted driving in roadwork areas where workers are present.