345.24 WINDSHIELD TO BE UNOBSTRUCTED; WINDSHIELD WIPER.

   (a)    No person shall drive any motor vehicle with any sign, poster or other non- transparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the driver's clear view of the street or highway or any intersecting street or highway.

   (b)    The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

   (c)    Every windshield wiper upon a motor vehicle shall be maintained in good working order. (WVaC 17C-15-36)

345.25 TIRE EQUIPMENT RESTRICTIONS.

   (a)   Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.

   (b)   No person shall operate or move on any highway any motor vehicle, trailer or semitrailer having any metal tire in contact with the roadway.

   (c)   No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that:

      (1)   It shall be permissible to use farm machinery with tires having protuberances which will not injure the highway;

      (2)   It shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid; and

      (3)   It shall be permissible to use studded tires during the period from November 1 of each year until April 15 of the following year.  Provided that in the interest of highway maintenance, no vehicle moved on a highway, other than school buses, shall be equipped with studded tires which are operational with a recommended air pressure greater than forty pounds per square inch.

   (d)   Council may in its discretion issue special permits authorizing the operation upon the highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Traffic Code. 

(WVaC 17C-15-37)

345.26 SAFETY GLASS IN MOTOR VEHICLES.

   (EDITOR’S NOTE: Former West Virginia Code 17C-15-38 from which Section 345.26 was derived was repealed by Senate Bill 444, effective May 31, 2018.)

345.27 VEHICLES TRANSPORTING EXPLOSIVES.

   Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a street or highway shall at all times comply with the provisions of this section.

   (a)    Such vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "Danger" in white letters six inches high.

   (b)    Every such vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use and placed at a convenient point on the vehicle so used.

      (WVaC 17C-15-41)

345.28 VIDEO SCREENS AND MONITORS, TELEVISION RECEIVERS IN VIEW OF DRIVER PROHIBITED.

   (a)   No motor vehicle may be operated on a street or highway when equipped with a television receiver, video monitor, television or video screen unless the receiver, screen or monitor is configured so that the moving images are not in view of the operator while the vehicle is in motion, or if falls within one or more of the categories set forth in subsection (b) or (c) of this section.

   (b)   This prohibition does not apply to the following equipment installed in a vehicle:

      (1)   A visual display if it does not show video or television broadcast images in view of the operator while the motor vehicle is in motion;

      (2)   A global positioning device;

      (3)   A mapping display;

      (4)   A visual display used to enhance or  supplement the driver’s view forward, behind or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;

      (5)   A visual display used to enhance or supplement a driver’s view of vehicle occupants; or

      (6)   Television-type receiving equipment used exclusively for safety or traffic engineering information.

   (c)   A television receiver, video monitor, television or video screen or other similar means of visually displaying a television broadcast or video signal is not prohibited if the equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display described in subsection (b)(1) to (6) of this section.  (WVaC 17-C-15-42)

345.29 SAFETY EQUIPMENT FOR MOTORCYCLISTS, MOTORCYCLES, MOTOR-DRIVEN CYCLES AND MOPEDS.

   (a)   No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless he is wearing securely fastened on his head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetration and spread impact forces.  Any helmet worn by an operator or passenger shall meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users.

   (b)   No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless he is wearing safety, shatter-resistant eyeglasses (excluding contact lenses), or eyegoggles or face shield that complies with the performance specifications established by the American National Standards Institute for Head, Eye and Respiratory Protection, Z 2.1.  In addition, if any motorcycle, motor-driven cycle or moped is equipped with a windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter-resistant material that complies with the performance specifications established by Department of Transportation Federal Motor Vehicle Safety Standard No. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1.

   (c)   No person shall operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than fifteen inches higher than the uppermost part of the operator's seat when the seat is not depressed in any manner.

   (d)   A person operating a motorcycle, motor-driven cycle or moped shall ride in a seated position facing forward and only upon a permanent operator's seat attached to the vehicle.  No operator shall carry any other person nor shall any other person ride on such a vehicle unless the vehicle is designed to carry more than one person, in which event a passenger may ride behind the operator upon the permanent operator's seat if it is designed for two persons, or upon another seat firmly attached to the vehicle to the rear of the operator's seat and equipped with footrests designed and located for use by the passenger or in a sidecar firmly attached to the vehicle.  No person shall ride sidesaddle on a seat.  An operator may carry as many passengers as there are seats and footrests to accommodate those passengers.  Additional passengers may be carried in a factory produced side car provided that there is one passenger per seat.  Passengers riding in a sidecar shall be restrained by safety belts.

   (e)   Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator shall have a clear view of the road and condition of traffic behind him for a distance of at least 200 feet. 

   (f)   (1)   “Autocycle” means a fully or partially enclosed motorcycle that is equipped with safety belts, rollover protection, a rearview mirror, automotive seating, a steering wheel and equipment otherwise required on a motorcycle and which has no more than three wheels in contact with the roadway at any one time.  (WVaC 17C-1-69)

      (2)   Notwithstanding any provision of this code to the contrary, a person with a valid driver’s license who is operating a fully enclosed autocycle, as defined in subsection (f)(1) hereof, is exempt from the provisions of this section.  (WVaC 17-C-15-44)

345.30 CERTIFICATION LABELS ON MOPEDS.

   Every moped sold in this Municipality shall have permanently affixed to it a certification label which shall contain the following information:

   (1)   Name of manufacturer;

   (2)   Month and year of manufacture;

   (3)   Gross vehicle weight rating (GVWR);

   (4)   Gross axle weight rating for front and rear axles (GAWR);

   (5)   Vehicle identification number;

   (6)   Classification type; and

   (7)   Statement of conformance to Federal standards as required by Federal law.  (WVaC 17C-15-45)