355.08 STREET-LEGAL SPECIAL PURPOUSE VEHICLES; OPERATION ON HIGHWAYS; REGISTRATION PROCEDURES; LICENSING REQUIREMENTS; EQUIPMENT REQUIREMENTS.
   (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.)