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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:
(A) 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;
(B) 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; and
(C) Every new motor vehicle, other than a motorcycle, motor-driven cycle, or moped, registered in the state after January 1,1952, which has multiple-beam roadlighting 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.
(Ord. passed 5-11-2021) Penalty, see § 71.999
Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in § 71.081, 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:
(A) 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 § 71.091(B), shall be deemed to avoid glare at all times regardless of road contour and loading.
(B) 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 title, other than the uppermost distribution of light specified in § 71.091(A).
(Ord. passed 5-11-2021) Penalty, see § 71.999
Head lamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 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:
(A) 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.
(B) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet.
(Ord. passed 5-11-2021) Penalty, see § 71.999
(A) Every vehicle, other than a motorcycle, motor-driven cycle, or moped, operated upon a highway within that city at any time from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.
(B) Every motorcycle, motor-driven cycle, and moped shall display lighted head lamps at all times when upon the highway.
(Ord. passed 5-11-2021)
Any motor vehicle may be operated under the conditions specified in § 71.081 when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects s75 feet ahead in lieu of lamps required in §§ 71.091 or 71.093; provided that at no time shall it be operated at a speed in excess of 20 mph.
(Ord. passed 5-11-2021)
(A) At all times specified in § 71.081, 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.
(B) 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.
(Ord. passed 5-11-2021) Penalty, see § 71.999
(A) 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.
(B) 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 (D) below.
(C) Except as authorized in divisions (D) and (F) below and § 71.090, flashing lights are prohibited on motor vehicles; provided, 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.
(D) Notwithstanding any other provisions of this title, the following colors of flashing warning lights are restricted for the use of the type of vehicle designated:
(1) Blue flashing warning lights are restricted to police vehicles. Authorization for police vehicles shall be designated by the chief administrative official of the municipality;
(2) Except for standard vehicle equipment authorized by § 71.090, red flashing warning lights are restricted to the following:
(a) Ambulances;
(b) Firefighting vehicles;
(c) Hazardous material response vehicles;
(d) Industrial fire brigade vehicles;
(e) Rescue squad vehicles not operating out of a fire department;
(f) School buses;
(g) Class A vehicles, as defined by W. Va. Code 17A-10-1, of those firefighters who are authorized by their fire chiefs to have the lights;
(h) Class A vehicles of members of duly chartered rescue squads not operating out of a fire department;
(i) Class A vehicles of members of ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have the lights;
(j) 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 the lights;
(k) State Department of Agriculture emergency response vehicles;
(l) Vehicles designated by the Secretary of the Department of Military Affairs and Public Safety for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services, and Division of Homeland Security and Emergency Management; and
(m) Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
(3) Red flashing warning lights attached to a Class A vehicle shall be operated only when responding to or engaged in handling an emergency requiring the attention of the firefighters, members of the ambulance services, or chartered rescue squads. The use of red flashing warning lights shall be authorized as follows:
(a) Authorization for all ambulances shall be designated by the Department of Health and Human Resources, and the sheriff of the county of residence;
(b) Authorization for all Fire Department vehicles shall be designated by the Fire Chief, and the State Fire Marshal’s Office;
(c) Authorization for all hazardous material response vehicles and industrial fire brigades shall be designated by the Fire Chief, and the State Fire Marshal’s Office;
(d) 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;
(e) Authorization for school buses shall be designated as set out in W. Va. Code 17C-14-12;
(f) Authorization for firefighters to operate Class A vehicles shall be designated by their fire chiefs and the State Fire Marshal’s Office;
(g) 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;
(h) 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;
(i) 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;
(j) Authorization for West Virginia Department of Agriculture emergency response vehicles shall be designated by the Commissioner or the Department of Agriculture;
(k) Authorization for vehicles for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services, and Division of Homeland Security and Emergency Management shall be designated by the Secretary of the Department of Military Affairs and Public Safety; and
(l) Authorization for Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
(4) Yellow or amber flashing warning lights are restricted to the following:
(a) All other emergency vehicles, including tow trucks and wreckers, authorized by the W. Va. Code Ch. 17C and 17C-15-27;
(b) Postal service vehicles and rural mail carriers, as authorized in § 71.090;
(c) Rural newspaper delivery vehicles;
(d) Flag car services;
(e) Vehicles providing road service to disabled vehicles;
(f) Service vehicles of a public service corporation;
(g) Snow removal equipment;
(h) School buses; and
(i) Automotive fire apparatus owned by a municipality or other political subdivision, by a volunteer or part-volunteer fire company or department, or by an industrial fire brigade.
(5) The use of yellow or amber flashing warning lights shall be authorized as follows:
(a) 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;
(b) Authorization for snow removal equipment shall be designated by the Commissioner of the Division of Highways;
(c) Authorization for school buses shall be designated as set out in W. Va. Code 17C-14-12 and any amendments; and
(d) Authorization for automotive fire apparatus shall be designated by the Fire Chief in conformity with the NFPA 1901 standard for automotive fire apparatus as published by the National Fire Protection Association (NFPA) on July 18, 2003, and adopted by the State Fire Commission by legislative rule (87 C.S.R. §§ 1 et seq.), except as follows:
1. With the approval of the State Fire Marshal, used automotive fire apparatus may be conformed to the NFPA standard in effect on the date of its manufacture or conformed to a later NFPA standard; and
2. Automotive fire apparatus may be equipped with blinking or flashing headlamps.
(E) Notwithstanding the foregoing provisions of this section, 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.
(F) No person shall install or use flashing warning lights of an unauthorized color on a vehicle other than as specified in this section, except that a police vehicle may be equipped with either or both blue or red warning lights.
(Ord. passed 5-11-2021) Penalty, see § 71.999
(A) Break equipment required.
(1) Every motor vehicle, other than a motorcycle, motor-driven cycle, or moped, when operated upon a street or highway, shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(2) Every motorcycle, motor-driven cycle, and moped, when operated upon a street or highway, shall be equipped with at least one brake which may be operated by hand or foot.
(3) Every trailer or semitrailer of a gross weight of 3,000 pounds or more, when operated upon a street or highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and such brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied.
(4) Every new motor vehicle, trailer, or semitrailer hereinafter sold in the state and operated upon the streets or highways shall be equipped with service brakes upon all wheels, with the following exceptions:
(a) Trucks and truck-tractors having three or more axles need not have brakes on the front wheels, except when such vehicles are equipped with at least two steerable axles, the wheels of one such axle need not be equipped with brakes; and
(b) Any motorcycle, motor-driven cycle, or moped and any semitrailer of less than 1,500 pounds gross weight need not be equipped with brakes.
(5) In any combination of motor-driven vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.
(6) Every such vehicle and combination of vehicles, except motorcycles, motor-driven cycles, and mopeds, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading on a surface free from snow, ice, or loose material.
(a) The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver’s muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements.
(c) The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.
(7) (a) The same brake drums, brake shoes, and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes.
(b) If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that a failure of any one part shall not leave the vehicle without operative brakes.
(8) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
(B) Performance ability of brakes. Every motor vehicle or combination of motor-drawn vehicles shall be capable, at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake, within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances:
Vehicle Break Type | Feet to Stop | Deceleration From 20 Miles (in Feet per Hour/Second) |
Vehicle or combinations of vehicles having brakes on all wheels | 30 | 14 |
Vehicles or combinations of vehicles not having brakes on all wheels | 40 | 10.7 |
(C) Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
(Ord. passed 5-11-2021)
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