(a) Except as required in subsection (c) of this section, an individual may operate a “street-legal special purpose vehicle” within or upon the highways, roads, streets and alleys within the corporate limits of the City of Wheeling.
(b) For the purposes of this section:
(1) “Special purpose vehicle” includes 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.
(3) All Terrain Vehicles as defined and regulated in Article 355 of the Traffic Code may not be operated as street legal special purpose vehicles pursuant to this Article.
(c) An individual may not operate a special purpose vehicle as a street-legal special purpose vehicle on a highway if:
(1) The highway is a controlled-access system, including, but not limited to, interstate systems; or
(2) Where there is any other prohibition for the operation of a special purpose vehicle.
(d) Street-legal special purpose vehicles are prohibited from traveling a distance greater than twenty (20) miles on a highway, road or street displaying centerline pavement markings.
(e) All street-legal special purpose vehicles are subject to the certificate of title provisions of §17A-1-1 et seq. of the West Virginia Code and as provided for by the Division of Motor Vehicles.
(f) 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.
(g) A street-legal special purpose vehicle may be registered in the same manner as provided for motorcycles pursuant to the West Virginia Code.
(h) A street-legal special purpose vehicle shall comply with the Division of Motor Vehicles’ licensing, fee, and other requirements pursuant to the West Virginia Code §17A-13-1(j) in order to be operated within the corporate limits of the City of Wheeling.
(i) Mini-trucks may not be operated as street-legal special purpose vehicles on highways that have been constructed pursuant to a federal highways program.
(j) Low-speed vehicles as defined in §17A-1-1 of the West Virginia Code 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.
(k) Operators of street-legal special purpose vehicles shall observe a safe operating speed with the posted speed limit.
(l) The provisions of this section do not apply if the special purpose vehicle is operated exclusively on land owned or leased by the vehicle owner or on private land of others with the owner’s permission.
(m) The provisions of this section do not preclude or limit the use or operation of special purpose vehicles for lawful non-recreational purposes, including but not limited to, farm use, oil and gas operations, timbering, surveying, and public utility access.
(n) All Terrain Vehicles as defined and regulated in Article 355 of the Traffic Code may not be operated as street legal special purpose vehicles pursuant to this Article.
(o) Notwithstanding any provision of the sections regulating street-legal special purpose vehicles, the City of Wheeling may authorize the use of said vehicles in parades, exhibitions, and other special events, in emergencies or for specified purposes.
(Ord. 15538. Passed 4-20-21.)