(A) Headlights on motor vehicles and motorcycles.
(1) Every motor vehicle other than a motorcycle, motor-driven cycle or moped shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this subchapter.
(2) Every motorcycle, motor-driven cycle and moped shall be equipped with at least one, and not more than two, head lamps which shall comply with the requirements and limitations of this subchapter.
(3) Every head lamp upon every motor vehicle, including every motorcycle, motor-driven cycle and moped, shall be located at a height measured from the center of the head lamp of not more than 54 inches, nor less than 24 inches, to be measured as set forth in § 73.03 of this chapter.
(Prior Code, § 345.04)
(B) Taillight; illumination of rear license plate.
(1) Every motor vehicle, trailer or semi-trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of 500 feet to the rear; provided that, in the case of a train of vehicles, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
(2) Every tail lamp upon every vehicle shall be located at a height of not more than 60 inches, nor less than 20 inches, to be measured as set forth in § 73.03(B) of this chapter.
(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
(Prior Code, § 345.05)
(C) Red light or red flag on extended loads. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in § 73.02 of this chapter, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this subchapter shall be in addition to the red rear light required upon every vehicle. At any time, there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
(Prior Code, § 345.06)
(D) Lights on parked or stopped vehicles.
(1) Whenever a vehicle is lawfully parked upon a street or highway during the hours between sunset and sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, no lights need be displayed upon such parked vehicle.
(2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between sunset and sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: at least one lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of such lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motorcycle, motor-driven cycle or moped.
(3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
(Prior Code, § 345.07)
(E) Lights on slow-moving vehicles. All vehicles including animal-drawn vehicles and including those referred to in § 73.01(C) of this chapter not hereinbefore specifically required to be equipped with lamps, shall at the times specified in § 73.02 of this chapter be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear.
(Prior Code, § 345.08)
(F) Spotlights and auxiliary lights.
(1) Spot lamps. Any motor vehicle, except a public utility company maintenance vehicle, may be equipped with not more than one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle, nor more than 100 feet ahead of the vehicle. A public utility company maintenance vehicle may be equipped with more than one spot lamp, but all lighted spot lamps shall be aimed and used in conformity to the requirements of this division (F)(1).
(2) Fog lamps. Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height not less than 12 inches, nor more than 30 inches, above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes.
(3) Auxiliary passing lamp. Any motor vehicle may be equipped with not more than one auxiliary passing lamp mounted on the front at a height not less than 24 inches, nor more than 42 inches, above the level surface upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements and limitations set forth in this subchapter.
(4) Auxiliary driving lamp. Any motor vehicle may be equipped with not more than one auxiliary driving lamp mounted on the front at a height not less than 16 inches, nor more than 42 inches, above the level surface upon which the vehicle stands and every such auxiliary driving lamp shall meet the requirements and limitations set forth in this subchapter.
(5) Roof-mounted off-road light bar lighting device. Any motor vehicle may be equipped with a roof-mounted off-road light bar lighting device comprised of multiple lamps; provided that, whenever the vehicle is operated or driven upon any road or highway, the roof-mounted off-road light bar lighting device shall be turned off and covered with an opaque covering that prohibits light from being emitted while the vehicle is being operated on any road or highway.
(Prior Code, § 345.09)
(G) Signal lamps and signal devices.
(1) Any motor vehicle may be equipped and when required under this traffic code shall be equipped with the following signal lamps or devices:
(a) A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake and which may, but need not, be incorporated with a tail lamp; and
(b) A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.
(2) A stop lamp shall be plainly visible and understandable from a distance of 100 feet to the rear both during normal sunlight and at nighttime and signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 100 feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.
(3) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in § 73.02 of this chapter.
(Prior Code, § 345.10)
(H) Cowl, fender and back-up lights; flashing hazard lights.
(1) Any motor vehicle may be equipped with not more than two side cowl or fender lamps, which shall emit an amber or white light without glare.
(2) Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.
(3) Except for school buses as provided in this division (H)(3), any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps, but any such back-up lamp shall not be lighted when the motor vehicle is in forward motion. School buses used for the transportation of school children in the municipality, whether owned and operated by a county board of education or privately owned and operated under contract with a county board of education, shall be equipped with two back-up lamps, one on each side of the rear door, with white lens or reflectors, capable of lighting the roadway and objects to the rear of the bus for safe backing during darkness, and which, at the option of the county board of education, may each provide 50 candlepower in illumination intensity instead of 32 candlepower.
(4) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this subchapter. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights or any shade of color between amber and red.
(5) Vehicles used by “rural mail carriers” in carrying or delivering mail in rural areas may be equipped with amber flashing lights. Such lights shall be on the front and rear of the vehicle and may be activated when the vehicle is stopped or decreasing speed in order to stop in the course of carrying, delivering or picking up mail along the route.
(6) Notwithstanding any other provision of this code to the contrary, any motor vehicle may be equipped with not more than one electroluminescent solid state ceramic front identification plate without glare, mounted in conformance with the manufacturer’s specifications.
(7) Vehicles used as the lead car in a funeral procession are hereby authorized to be equipped with, but are not required to use, purple lamps or purple flashing lights. Such lamps may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing a funeral procession, and when so equipped may display such warning in addition to any other warning signals required by this subchapter. The lamps or flashing lights used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously either illuminating or flashing purple lights. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing or illuminated purple lights.
(Prior Code, § 345.11)
(I) Multiple-beam road-lighting equipment requirements. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combinations thereof on motor vehicles other than a motorcycle, motor-driven cycle or moped shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations.
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.
(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(3) Every new motor vehicle, other than a motorcycle, motor-driven cycle or moped, registered in the state after 1-1-1952, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped.
(Prior Code, § 345.12)
(J) Use of headlight beams. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in § 73.02 of this chapter, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations.
(1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam specified in division (I)(2) above shall be deemed to avoid glare at all times regardless of road contour and loading.
(2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this traffic code other than the uppermost distribution of light specified in division (I)(1) above.
(Prior Code, § 345.13)
(K) Single-beam road-lighting equipment. Head lamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to 7-1-1952 in lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations.
(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of 25 feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead.
(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet.
(Prior Code, § 345.14)
(L) Lights on motorcycles, motor-driven cycles and mopeds. The head lamp or head lamps upon every motorcycle, motor-driven cycle and moped may be of the single-beam or multiple-beam type, but, in either event, shall comply with the requirements and limitations as follows.
(1) Every such head lamp or head lamps shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet when the motorcycle, motor-driven cycle or moped is operated at any speed less than 25 mph and at a distance of not less than 200 feet when it is operated at a speed of 25 or more mph.
(2) In the event the motorcycle, motor-driven cycle or moped is equipped with a multiple-beam type head lamp or head lamps, the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in division (I)(1) above and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in division (I)(2) above.
(3) In the event the motorcycle, motor-driven cycle or moped is equipped with a single-beam lamp or lamps such lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of 25 feet ahead, shall project higher than the level of the center of the lamp from which it comes.
(Prior Code, § 345.15)
(M) Alternate road-lighting equipment. Any motor vehicle may be operated under the conditions specified in § 73.02 of this chapter when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects 75 feet ahead in lieu of lamps required in division (I) above or division (K) above; provided that, at no time shall it be operated at a speed in excess of 20 mph.
(Prior Code, § 345.16)
(N) Number of driving lights required or permitted.
(1) At all times specified in § 73.02 of this chapter at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle, motor-driven cycle or moped, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
(2) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a street or highway.
(Prior Code, § 345.17)
(O) Special restrictions on lights.
(1) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or flashing front-direction signals which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.
(2) No person shall drive or move any vehicle or equipment upon any street or highway with any lamp or device thereon displaying other than a white or amber light visible from directly in front of the center thereof, except as authorized by division (O)(4) below.
(3) Except as authorized in divisions (O)(4) and (O)(6) below and division (H) above, flashing lights are prohibited on motor vehicles; provided that, any vehicle as a means for indicating right or left turn, or any vehicle as a means of indicating the same is disabled or otherwise stopped for an emergency may have blinking or flashing lights.
(4) Notwithstanding any other provisions of this traffic code, the following colors of flashing warning lights are restricted for the use of the type of vehicle designated.
(a) Blue flashing warning lights are restricted to police vehicles. Authorization for police vehicles shall be designated by the chief administrative official of each police department.
(b) Except for standard vehicle equipment authorized by division (H) above, red flashing warning lights are restricted to: ambulances; firefighting vehicles; hazardous material response vehicles; industrial fire brigade vehicles; school buses; Class A vehicles, as defined by W.Va. Code § 17A-10-1, of those firefighters who are authorized by their fire chiefs to have such lights; Class A vehicles of members of ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have such lights; and Class A vehicles of out-of-state residents who are active members of West Virginia fire departments, ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have such lights. Red flashing warning lights attached to such Class A vehicles shall be operated only when responding to or engaged in handling an emergency requiring the attention of such firefighters, members of such ambulance services or chartered rescue squads.
(c) The use of red flashing warning lights shall be authorized as follows.
1. Authorization for all ambulances shall be designated by the Department of Health and Human Resources and the Sheriff of the county of residence.
2. Authorization for all Fire Department vehicles shall be designated by the Fire Chief and the State Marshal’s office.
3. Authorization for all hazardous material response vehicles and industrial fire brigades shall be designated by the Chief of the Fire Department and the State Fire Marshal’s office.
4. Authorization for all rescue squad vehicles not operating out of a fire department shall be designated by the Squad Chief, the Sheriff of the county of residence and the Department of Health and Human Resources.
5. Authorization for school buses shall be designated as set out in W.Va. Code § 17C-14-12.
6. Authorization for firefighters to operate Class A vehicles shall be designated by their fire chiefs and the State Fire Marshal’s office.
7. Authorization for members of ambulance services or any other emergency medical service personnel to operate Class A vehicles shall be designated by their chief official, the Department of Health and Human Resources and the Sheriff of the county of residence.
8. Authorization for members of duly chartered rescue squads not operating out of a fire department to operate Class A vehicles shall be designated by their Squad Chiefs, the Sheriff of the county of residence and the Department of Health and Human Resources.
9. Authorization for out-of-state residents operating Class A vehicles who are active members of a West Virginia fire department, ambulance services or duly chartered rescue squads shall be designated by their respective chiefs.
(d) Yellow flashing warning lights are restricted to the following:
1. All other emergency vehicles, including tow trucks and wreckers, authorized by the W.Va. Code Ch. 17C and § 17C-15-27;
2. Postal service vehicles and rural mail carriers, as authorized in division (H) above;
3. Rural newspaper delivery vehicles;
4. Flag car services;
5. Vehicles providing road service to disabled vehicles;
6. Service vehicles of a public service corporation;
7. Snow removal equipment; and
8. School buses.
(e) The use of yellow flashing warning lights shall be authorized as follows:
1. Authorization for tow trucks, wreckers, rural newspaper delivery vehicles, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation and postal service vehicles shall be designated by the Sheriff of the county of residence.
2. Authorization for snow removal equipment shall be designated by the Commissioner of the Division of Highways.
3. Authorization for school buses shall be designated as set out in W.Va. Code § 17C-14-12.
(5) Notwithstanding the foregoing provisions of this subchapter, any vehicle belonging to a county board of education, an organization receiving funding from the state or federal transit administration for the purpose of providing general public transportation, or hauling solid waste may be equipped with a white flashing strobotron warning light. This strobe light may be installed on the roof of a school bus, a public transportation vehicle or a vehicle hauling solid waste not to exceed one-third the body length forward from the rear of the roof edge. The light shall have a single clear lens emitting light 360 degrees around its vertical axis and may not extend above the roof more than six and one-half inches. A manual switch and a pilot light must be included to indicate the light is in operation.
(6) No person shall install or use flashing warning lights of an unauthorized color on a vehicle other than as specified in this subchapter; except that, a police vehicle may be equipped with either or both blue or red warning lights.
(Prior Code, § 345.18) Penalty, see § 73.99
Statutory reference:
Related provisions, see W.Va. Code §§ 17C-15-4, 17C-15-5, 17C-15-14 through 17C-15-26