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HB 4538

Regarding fines in DOH work zones

2026 Regular Session Introduced by Gary Howell and 1 co-sponsor

West Virginia bill authorizes speed enforcement equipment in highway work zones to enhance worker safety during construction activities.

Chapter 198, Acts, Regular Session, 2026
#roadsandtransportation
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Bill Summary · HB 4538

Legislative bill overview

HB 4538 would authorize the Division of Highways in West Virginia to use speed enforcement equipment in work zones during highway construction and maintenance activities. The bill appears to create a limited exception to existing restrictions on speed enforcement technology, specifically allowing its use to protect workers in active construction areas.

Why is this important

Work zone safety is a significant public concern—speeding in construction zones endangers workers and increases accident severity. This bill addresses a practical safety gap by enabling speed enforcement where workers are most vulnerable. However, it also raises questions about the scope and oversight of traffic enforcement technology use.

Potential points of contention

  • Scope creep concerns: The definition of "limited use" and which zones qualify may be ambiguous, potentially allowing broader enforcement than intended
  • Due process and privacy: Questions about camera/radar equipment operation, data collection, and citation procedures without traditional police officer presence
  • Cost and implementation: Unclear who bears costs for equipment, installation, and maintenance, and whether this diverts resources from other highway safety measures
  • Existing restrictions rationale: The bill doesn't explain why current restrictions exist or what changed to justify this exception

Compiled from official sources — confirm details with the bill’s official record.

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