West Virginia Code 17A-13-1 – Street-legal special purpose vehicles; operation on highways; registration procedures; licensing requirements; equipment requirements
(a) Except as required in subsection (c) of this section, an individual may operate a “street-legal special purpose vehicle” on a street or highway.
Terms Used In West Virginia Code 17A-13-1
- Division: means the Division of Motor Vehicles of this state acting directly or through its duly authorized officers and agents. See West Virginia Code 17A-1-1
- highway: means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See West Virginia Code 17A-1-1
- Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered hereunder at a place of business in this state which is actually occupied either continuously or at regular periods by the manufacturer where his or her books and records are kept and a large share of his or her business is transacted. See West Virginia Code 17A-1-1
- Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See West Virginia Code 17A-1-1
- Motorcycle: means every motor vehicle, including motor-driven cycles and mopeds as defined in §. See West Virginia Code 17A-1-1
- Owner: means a person who holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be considered the owner for the purpose of this chapter. See West Virginia Code 17A-1-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Statute: A law passed by a legislature.
- Trailer: means every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle but excluding recreational vehicles. See West Virginia Code 17A-1-1
(b) For the purposes of this section:
(1) “Special purpose vehicle” includes all-terrain vehicles, utility terrain vehicles, mini-trucks, pneumatic-tired military vehicles, and full-size special purpose-built vehicles, including those self-constructed or built by the original equipment manufacturer and those that have been modified.
(2) “Street-legal special purpose vehicle” is a special purpose vehicle that meets the requirements of this section.
(c) An individual may not operate a special purpose vehicle as a street-legal special purpose vehicle on a highway if:
(1) The highway is a controlled-access system, including, but not limited to, interstate systems; or
(2) The county, municipality, or the Division of Natural Resources where the highway is located prohibits special purpose vehicles.
(d) Street-legal special purpose vehicles are prohibited from traveling a distance greater than 20 miles on a highway displaying centerline pavement markings.
(e) All street-legal special purpose vehicles are subject to the certificate of title provisions of §17A-1-1 et seq. of this code.
(f) Nothing in this section authorizes the operation of a street-legal special purpose vehicle in an area that is not open to motor vehicle use.
(g) A street-legal special purpose vehicle may be registered in the same manner as provided for motorcycles pursuant to this chapter.
(h) Upon registration of any street-legal special purpose vehicle pursuant to this section, the Division of Motor Vehicles shall issue a registration plate that is of the same size as Class G special registration plates for motorcycles.
(i) Except as otherwise provided in this section, a street-legal special purpose vehicle shall comply with the Division of Motor Vehicles’ licensing, fee, and other requirements pursuant to this chapter.
(j) The owner of a special purpose vehicle being operated as a street-legal special purpose vehicle shall ensure the vehicle is equipped with:
(1) One or more headlamps;
(2) One or more tail lamps;
(3) One or more brake lamps;
(4) A tail lamp or other lamp constructed and placed to illuminate the registration plate with a white light;
(5) One or more red reflectors on the rear;
(6) Amber electric turn system, one on each side of the front;
(7) Amber or red electric turn signals;
(8) A braking system, other than a parking brake;
(9) A horn or other warning device;
(10) A muffler and, if required by an applicable federal statute or rule, an emission control system;
(11) Rearview mirrors on the right and left side of the driver;
(12) A windshield, unless the operator wears eye protection while operating the vehicle;
(13) A speedometer, illuminated for nighttime operation;
(14) For vehicles designed by the manufacturer for carrying one or more passengers, a seat designed for passengers; and
(15) Tires that have at least 2/32 inches or greater tire tread.
(16) When owners of a street-legal special purpose vehicle have ensured that such vehicles are equipped as required by this subsection, and those owners obtain a valid registration card and certificate of insurance for such vehicles, those vehicles are eligible to apply for a motorcycle trailer sticker.
(k) Mini-trucks may not be operated as street-legal special purpose vehicles on highways that have been constructed pursuant to a federal highways program.
(I) Low-speed vehicles as defined in §17A-1-1 of the code are not considered special purpose vehicles or street-legal special purpose vehicles under this section. However, low-speed vehicles may cross state routes at traffic lights when the state route does not have a posted speed limit greater than 40 miles per hour.
(m) The Division of Motor Vehicles shall propose rules for legislative approval in accordance with § 29A-3-1 et seq. of this code to implement this section.