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Committee approves measure allowing warning signs for unimproved, high‑clearance roads
Summary
The Senate Transportation and Infrastructure Committee agreed to a committee substitute for Senate Bill 794 and reported it to the full Senate with a recommendation that it pass, referring the measure to the Committee on Finance.
CHARLESTON, W.Va. — The Senate Transportation and Infrastructure Committee agreed to a committee substitute for Senate Bill 794 and voted to report the substitute to the full Senate with the recommendation that it pass, subject to the Committee on Finance review.
The substitute would amend a section of state code governing the powers, duties and responsibilities of the Commissioner of Highways to allow the commissioner to design and place signs and markers warning motorists where roads are unimproved or otherwise present hazards for low‑clearance vehicles. Committee counsel told senators federal rules constrain use of graphic symbols on signs but allow use of text warnings; the bill would authorize signs that do not jeopardize federal highway funding.
Counsel explained the measure is intended to give the Division of Highways authority to post uniform text warnings on unimproved roads to advise motorists that use is at their own risk rather than to change road classification. The committee did not request a fiscal note, with counsel characterizing the expected cost as de minimis and likely absorbed through existing signage budgets.
Nate Taney, general counsel with the Department of Transportation, told senators the department does not have an immediate count of how many roads would qualify for such signs and would work with district offices to identify candidate sites. He said district offices and the department's existing public reporting channels could be used for constituents to request signs. On liability, Taney said sovereign immunity and the claims process remain the state's primary protections, and that posting warnings could reduce liability by notifying motorists of known hazards.
During discussion senators raised concerns about how signage would interact with commercial GPS and mapping systems and whether signs might encourage recreational off‑road vehicle use on state rights‑of‑way. The committee heard no fiscal objection from DOT counsel, and no amendments were offered.
A voice vote was taken; the chair declared the ayes have it. The committee reported the substitute to the full Senate with the recommendation that it pass and be first referred to the Committee on Finance.
