(a) Except as required in subsection (c) of this section. an individual with a valid driver's license may operate a "street-legal special purpose vehicle" on a street or highway.
(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 road or street if the road or street is a controlled-access system, including, but not limited to, Interstate 79 or State Route 50.
(d) Street-legal special purpose vehicles are prohibited from traveling a distance greater
than 20 miles on a highway displaying centerline pavement markings.
(e) 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.
(f) Except as otherwise provided in this section, a street-legal special purpose vehicle
shall comply with the West Virginia Division of Motor Vehicles' licensing, fee, insurance, and
other requirements for such vehicles.
(g) 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;
(15) Tires that have at least 2/32 inches or greater tire tread; and
(16) Valid registration card and certificate of insurance.
(h) 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 West Virginia Code § 17A-l-1 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 forty (40) miles per hour.
(Ord. 22-6. Passed 4-7-22.)