West Virginia Code
Chapter 17C. Traffic Regulations and Laws of the Road

§17C-2-1. Provisions of Chapter Refer to Vehicles Upon Streets and Highways; Exceptions - The provisions of this chapter relating to the operation of...

§17C-2-2. Required Obedience to Traffic Laws - It is unlawful and, unless otherwise declared in this chapter...

§17C-2-3. Enforcement of Chapter; Designation and Power of Special Officers; Bond of Special Officers; Failure to Obey Police Officer or Special Officers - (a) It is the duty of the West Virginia state...

§17C-2-4. Obedience to Chapter of Public Officers and Employees; Chapter Inapplicable to Persons Engaged in Highway Surface Work - (a) The provisions of this chapter applicable to the drivers...

§17C-2-5. Authorized Emergency Vehicles - (a) The driver of an authorized emergency vehicle, when responding...

§17C-2-6. Traffic Laws Apply to Persons Riding Animals or Driving Animal-Drawn Vehicles - Every person riding an animal or driving any animal-drawn vehicle...

§17C-2-7. Uniformity of Provisions of Chapter Throughout State - The provisions of this chapter shall be applicable and uniform...

§17C-2-8. Powers of Local Authorities - (a) The provisions of this chapter shall not be deemed...

§17C-2-9. Chapter Not to Interfere With Rights of Owners of Real Property - Nothing in this chapter shall be construed to prevent the...

Article 3. Traffic Signs, Signals and Markings

§17C-3-1. Adoption of Manual and Specifications for Uniform System of Traffic-Control Devices - The state road commission shall adopt a manual and specifications...

§17C-3-2. Placing and Maintaining Traffic-Control Devices and Signs on State Highways - (a) The state road commission shall place and maintain such...

§17C-3-3. Local Traffic-Control Devices - Local authorities in their respective jurisdictions shall place and maintain...

§17C-3-4. Obedience to Traffic-Control Devices; Official Signs to Be in Proper Position, etc.; Penalty - (a) The driver of any vehicle and the operator of...

§17C-3-4a. Obedience to Traffic-Control Instructions at Site of Street or Highway Construction or Maintenance; Penalty - (a) The driver of any vehicle shall obey the traffic-control...

§17C-3-4b. Traffic Violations in Construction Zones; Posting Requirement; Criminal Penalty - (a) Where street or highway construction work is being conducted,...

§17C-3-5. Traffic-Control Signal Legend - Whenever traffic is controlled by traffic-control signals exhibiting the words...

§17C-3-6. Pedestrian Walk and Wait Signals; Penalty - (a) Whenever special pedestrian-control signals exhibiting the words "Walk" or...

§17C-3-7. Flashing Signals - Whenever an illuminated flashing red or yellow signal is used...

§17C-3-8. Display of Unauthorized Devices, Signs, etc.; Such Devices, etc., Declared Nuisance and Subject to Removal - (a) No local authority or person shall place, maintain, or...

§17C-3-9. Interference With Official Traffic-Control Devices or Railroad Signs or Signals - No person shall without lawful authority attempt to or in...

§17C-3-10. Interference With Official Traffic-Control Devices by Infrared or Electronic Devices - (a) The possession or use of a mobile infrared transmitter...

Article 4. Accidents

§17C-4-1. Crashes Involving Death or Personal Injuries; Erin’s Law - (a) The driver of any vehicle involved in a crash...

§17C-4-2. Crashes Involving Damage to Vehicle - The driver of any vehicle involved in a crash resulting...

§17C-4-3. Duty to Give Information and Render Aid - (a) (1) The driver of any vehicle involved in a...

§17C-4-4. Duty Upon Striking Unattended Vehicle - The driver of any vehicle which collides with any vehicle...

§17C-4-5. Duty Upon Striking Fixtures Upon a Highway - The driver of any vehicle involved in a crash resulting...

§17C-4-6. Immediate Notification of Crashes - The driver of a vehicle involved in a crash resulting...

§17C-4-7. Reports of Crashes - (a) Every law-enforcement officer who, in the regular course of...

§17C-4-8. When Driver Unable to Report - Whenever the driver of a vehicle is physically incapable of...

§17C-4-9. Crash Report Forms - (a) The Division of Highways shall prepare and upon request...

§17C-4-10. Penalty for Failure to Notify Law Enforcement - The commissioner may suspend the driver's license or permit to...

§17C-4-11. Coroners to Report on Crash Victims - Every coroner or other official performing like functions shall on...

§17C-4-12. Garages to Report Bullet Damage - The person in charge of any garage or repair shop...

§17C-4-14. Division of Highways to Tabulate and Analyze Crash Reports - The Division of Highways shall tabulate and may analyze all...

§17C-4-15. Any Incorporated City, Town, etc., May Require Crash Reports - Any incorporated city, town, village or other municipality may by...

§17C-4-16. Crashes Involving State and Municipal Property; Reports to Be Provided - Whenever a report of a motor vehicle crash prepared by...

§17C-4-17. Notification of Landowner When Accident Damages Livestock Fence - Whenever a member of the West Virginia State Police, Natural...

Article 5. Serious Traffic Offenses

§17C-5-1. Negligent Homicide; Penalties - (a) When the death of any person ensues within one...

§17C-5-2. Driving Under Influence of Alcohol, Controlled Substances, or Drugs; Penalties - (a) Definitions. (1) "Impaired state" means a person: (A) Is...

§17C-5-2a. Definition of Phrase in This State ; Phrases Synonymous With Driving Under the Influence of Alcohol; Validation of Warrants and Indictments - (a) For purposes of this article and 17C-5A-1 et seq....

§17C-5-2b. Deferral of Further Proceedings for Certain First Offenses Upon Condition of Participation in Motor Vehicle Alcohol Test and Lock Program; Procedure on Charge of Violation of Conditions - (a) (1) Except as provided in subsection (f) of this...

§17C-5-3. Reckless Driving; Penalties - (a) Any person who drives any vehicle upon any street...

§17C-5-4. Implied Consent to Test; Administration at Direction of Law-Enforcement Officer; Designation of Type of Test; Definition of Law-Enforcement Officer - (a) Any person who drives a motor vehicle in this...

§17C-5-5. Preliminary Analysis of Breath to Determine Alcoholic Content of Blood - When a law-enforcement officer has reason to believe a person...

§17C-5-6. How Blood Test Administered; Additional Test at Option of Person Tested; Use of Test Results; Certain Immunity From Liability Incident to Administering Test - Only a doctor of medicine or osteopathy, or registered nurse,...

§17C-5-6a. Taking a Child Into Custody; Driving a Motor Vehicle With Any Amount of Blood Alcohol - (a) A preliminary breath analysis may be administered to a...

§17C-5-7. Refusal to Submit to Tests; Revocation of License or Privilege; Consent Not Withdrawn if Person Arrested Is Incapable of Refusal; Hearing - (a) If any person under arrest, as specified in 17C-5-4...

§17C-5-7a. Suspension of License to Operate a Motor Vehicle for Refusal of Secondary Test; Refusal Review Hearing - (a) For the purposes of this section, the term "refusal...

§17C-5-8. Interpretation and Use of Chemical Test - (a) Upon trial for the offense of driving a motor...

§17C-5-9. Right to Demand Test - Any person lawfully arrested for driving a motor vehicle in...

§17C-5-10. Fee for Withdrawing Blood Sample and Making Urine Test; Payment of Fees - A reasonable fee shall be allowed to the person withdrawing...

§17C-5-11. Municipal Ordinances to Contain Same Elements as Offenses Under This Article; Penalties in Municipal Ordinances Required to Conform to State Penalties - (a) Notwithstanding the provisions of section five, article twelve, chapter...

§17C-5-12. Report to the Legislature - On or before December 31, 2020, the Bureau for Public...

Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs

§17C-5A-1. Report to Be Submitted to Commissioner Following Arrest for Driving Under the Influence of Alcohol, Controlled Substances, or Drugs or Refusal to Submit to Secondary Chemical Test; Report to the Court - (a) Any law-enforcement officer investigating a person for an offense...

§17C-5A-1a. Revocation Upon Conviction for Driving Under the Influence of Alcohol, Controlled Substances, or Drugs - (a) The Commissioner of the Division of Motor Vehicles shall...

§17C-5A-2. Hearing; Revocation; Review - (a) Written objections to an order of revocation or suspension...

§17C-5A-2a. Assessment of Costs; Special Account Created - The Division of Motor Vehicles is hereby authorized and required...

§17C-5A-2b. Administrative Hearing, Revocation, and Review Process Terminated on July 1, 2020 - Notwithstanding any other provision of this code: (1) The provisions...

§17C-5A-3. Safety and Treatment Program; Reissuance of License - (a) The Division of Motor Vehicles shall administer a comprehensive...

§17C-5A-3a. Establishment of and Participation in the Motor Vehicle Alcohol and Drug Test and Lock Program - (a) (1) The Division of Motor Vehicles shall control and...

§17C-5A-4. Search for Record of Prior Offenses by Driver - The commissioner shall immediately upon receipt of the statements required...

Article 5B. Postmortem Tests for Alcohol in Persons Killed in Motor Vehicle Accidents

§17C-5B-1. Blood Test for Alcohol in Drivers and Adult Pedestrians Killed in Motor Vehicle Accidents; Time Limit for Conducting Test; Who May Conduct Test; Express Consent to Withdraw Blood From Dead Body Granted; Granting Civil and Criminal Immunity... - When any motor vehicle driver or adult pedestrian dies in...

§17C-5B-2. To Whom and How County Medical Examiners Report Results of Blood Tests; Such Reports Admissible as Evidence; Use of Reports Only for Statistical and Highway Safety Purposes - Each county medical examiner shall immediately report the results of...

Article 5C. Office of Administrative Hearings

§17C-5C-1. Office Created; Appointment of Chief Hearing Examiner - (a) The Office of Administrative Hearings is created as a...

§17C-5C-1a. Termination of Office of Administrative Hearings; Transfer of Jurisdiction - (a) The Office of Administrative Hearings shall retain jurisdiction over...

§17C-5C-2. Organization of Office - (a) The Chief Hearing Examiner is the chief administrator of...

§17C-5C-3. Jurisdiction of Office of Administrative Hearings - The Office of Administrative Hearings jurisdiction to hear and determine...

§17C-5C-4. Hearing Procedures - (a) A hearing before the office shall be heard de...

§17C-5C-4a. Rule-Making Authority - The Office of Administrative Hearings may propose legislative and procedural...

§17C-5C-4b. Duty to Provide Notice of Change of Address - Any person who has any pending contested matter before the...

§17C-5C-5. Transition From Division of Motor Vehicles to the Office of Administrative Hearings - (a) In order to implement an orderly and efficient transition...

Article 5D. Open Container Laws

§17C-5D-1. Purpose - The purpose of this article is to avoid the imposition...

§17C-5D-2. Definitions - For the purposes of this article, the words or terms...

§17C-5D-3. Possession of an Open Alcoholic Beverage Container in the Passenger Area of a Motor Vehicle; Exceptions; Penalties - (a) It is unlawful for the operator or a passenger...

§17C-5D-4. Procedure on Arrest - If a person is arrested for an offense under the...

Article 6. Speed Restrictions

§17C-6-1. Speed Limitations Generally; Penalty - (a) No person may drive a vehicle on a highway...

§17C-6-2. Establishment of State Speed Zones - Whenever the state road commissioner shall determine upon the basis...

§17C-6-3. When Local Authorities May Alter Speed Limits - (a) At intersection. -- Whenever local authorities within their respective...

§17C-6-3a. Minimum Speed Regulations; Penalty - (a) No person shall drive a motor vehicle at such...

§17C-6-4. Special Speed Limitations on Vehicles Not Designed for Carrying Passengers and Equipped With Pneumatic Tires - Subject to all other speed restrictions of this chapter no...

§17C-6-5. Special Speed Limitations; Penalty - (a) No person shall drive any vehicle equipped with other...

§17C-6-6. Charging Violations; Rule in Civil Actions - (a) In every charge of violation of any speed regulations...

§17C-6-7. Prima Facie Evidence of Speed by Devices Employing Microwaves or Reflected Light; Placing of Signs Relative to Radar or Laser - The speed of a motor vehicle may be proved by...

§17C-6-7a. Prohibition of the Use of Traffic Law Photo-Monitoring Devices to Detect or Prove Traffic Law Violations - (a) As used in this section "traffic law photo-monitoring device"...

§17C-6-8. Racing on Streets and Highways Prohibited; Legislative Findings; Penalties; Mandatory Revocation of Licenses - The Legislature hereby determines and finds that the racing of...

§17C-6-9. Slow-Moving Vehicle Emblem - (a) All farm machinery and other machinery including all road...

§17C-6-10. Enforcement of Article With Respect to Operations of Commercial Motor Vehicles - In addition to enforcement by officers and other persons authorized...

§17C-6-11. Special Speed Limitations When Meeting or Overtaking Waste Service Vehicles; Penalty - (a) No person shall drive a motor vehicle and meet...

Article 7. Driving on Right Side of Roadway, Overtaking and Passing, etc.

§17C-7-1. Driving on Right Side of Roadway; Exceptions; Penalty - (a) Upon all roadways of sufficient width a vehicle shall...

§17C-7-2. Passing Vehicles Proceeding in Opposite Directions; Penalty - (a) Drivers of vehicles proceeding in opposite directions shall pass...

§17C-7-3. Overtaking and Passing Vehicle or Bicycle Proceeding in Same Direction -- Passing on the Left Generally; Penalty - (a) The following rules govern the overtaking and passing of...

§17C-7-4. Same -- When Overtaking on the Right Is Permitted - (a) The driver of a vehicle may overtake and pass...

§17C-7-5. Same -- Limitations on Overtaking on the Left; Penalty - (a) No vehicle shall be driven to the left side...

§17C-7-6. Same -- Further Limitations on Driving to Left of Center of Roadway; Penalty - (a) No vehicle shall at any time be driven to...

§17C-7-7. Same -- No-Passing Zones; Penalty - (a) The commissioner of highways is hereby authorized to determine...

§17C-7-8. One-Way Roadways and Rotary Traffic Islands; Penalty - (a) The commissioner of highways may designate any highway or...

§17C-7-9. Driving on Roadways Laned for Traffic; Penalty - (a) Whenever any roadway has been divided into two or...

§17C-7-10. Following Too Closely - (a) The driver of a motor vehicle shall not follow...

§17C-7-11. Driving on Divided Highways; Penalty - (a) Whenever any highway has been divided into two roadways...

§17C-7-12. Controlled-Access Roadway -- Driving Onto or From; Penalty - (a) No person shall drive a vehicle onto or from...

§17C-7-13. Restrictions on Use of Controlled-Access Roadway - The state road commission may by resolution or order entered...

Article 8. Turning and Starting and Signals on Stopping and Turning

§17C-8-1. Required Position and Method of Turning at Intersections - The driver of a vehicle intending to turn at an...

§17C-8-2. Right Turns; Penalty - (a) Both the approach for a right turn and a...

§17C-8-3. Left Turns on Two-Way Roadways; Penalty - (a) At any intersection where traffic is permitted to move...

§17C-8-4. Left Turns on Other Than Two-Way Roadways; Penalty - (a) At any intersection where traffic is restricted to one...

§17C-8-5. Local Authorities May Specify Different Course for Turns - Local authorities in their respective jurisdictions may cause markers, buttons,...

§17C-8-6. Turning on Curve or Crest of Grade Prohibited; Penalty - (a) No vehicle shall be turned so as to proceed...

§17C-8-7. Starting Parked, etc., Vehicle - No person shall start a vehicle which is stopped, standing,...

§17C-8-8. Turning Movements and Required Signals; Penalty - (a) No person shall turn a vehicle at an intersection...

§17C-8-9. Signals to Be Given by Hand and Arm or Signal Device - Any stop or turn signal when required herein shall be...

§17C-8-10. Method of Giving Hand-and-Arm Signals - All signals herein required given by hand and arm shall...

Article 9. Right-of-Way

§17C-9-1. Vehicle Approaching or Entering Intersection - (a) The driver of a vehicle approaching an intersection shall...

§17C-9-2. Vehicle Turning Left at Intersection - The driver of a vehicle within an intersection intending to...

§17C-9-3. Vehicle Entering Through Highway or Stop Intersections - (a) The driver of a vehicle shall stop as required...

§17C-9-4. Vehicle Entering Highway From Private Road or Driveway - The driver of a vehicle about to enter or cross...

§17C-9-5. Operation of Vehicles and Streetcars on Approach of Authorized Emergency Vehicles - (a) Upon the immediate approach of an authorized emergency vehicle...

§17C-9-6. Misdemeanor to Violate Provisions of Article; Penalty - Any person violating the provisions of this article is guilty...

Article 10. Pedestrians' Rights and Duties

§17C-10-1. Pedestrians Subject to Traffic Regulations; Powers of Local Authorities - (a) Pedestrians shall be subject to traffic-control signals at intersections...

§17C-10-2. Pedestrians' Right-of-Way in Crosswalks - (a) When traffic-control signals are not in place or not...

§17C-10-3. Crossing at Other Than Crosswalks - (a) Every pedestrian crossing a roadway at any point other...

§17C-10-4. Drivers to Exercise Due Care - Notwithstanding the foregoing provisions of this article every driver of...

§17C-10-5. Pedestrians to Use Right Half of Crosswalks - Pedestrians shall move, whenever practicable, upon the right half of...

§17C-10-6. Pedestrians on Roadways; Soliciting Rides - (a) Where sidewalks are provided it shall be unlawful for...

§17C-10-7. Penalty for Pedestrians Violating the Provisions of This Article - Any person violating the provisions of this article is guilty...

§17C-10-8. Persons Working on Streets and Highways - The driver of a vehicle shall yield the right-of-way to...

Article 10A. Operation of Electric Personal Assistive Mobility Devices

§17C-10A-1. Definitions - For purposes of this article, the definition of an "electric...

§17C-10A-2. Equipment Requirements and Operating Standards for Electric Personal Assistive Mobility Devices; Applicability of Motor Vehicle Code; Penalties - (a) An electric personal assistive mobility device shall be equipped...

Article 11. Operation of Bicycles and Play Vehicles

§17C-11-1. Obedience to Article; Duty of Parents and Guardians; Applicability of Article to Bicycles - (a) It is a misdemeanor for any person to do...

§17C-11-2. Traffic Laws Apply to Persons Riding Bicycles - Every person riding a bicycle upon a roadway shall be...

§17C-11-3. Riding on Bicycle Seats; Carrying More Than One Person on Bicycle - (a) A person propelling a bicycle shall not ride other...

§17C-11-4. Clinging to Vehicles - No person riding upon any bicycle, coaster, roller skates, sled,...

§17C-11-5. Riding on Roadways and Bicycle Paths - (a) Any person operating a bicycle upon a roadway at...

§17C-11-6. Carrying Articles - No person operating a bicycle shall carry any package, bundle,...

§17C-11-7. Lamps and Other Equipment on Bicycles - (a) Every bicycle when in use at nighttime shall be...

§17C-11-8. Electric Bicycles; Requirements; Exclusions; Age Restrictions - (a) The operator of an electric bicycle has all of...

Article 11A. Child Bicycle Safety Act

§17C-11A-1. Short Title - This article shall be known and may be cited as...

§17C-11A-2. Legislative Findings and Purpose - (a) The Legislature hereby finds and declares that: (1) Disability...

§17C-11A-3. Definitions - As used in this article: (a) "Bicycle" means a human-powered...

§17C-11A-4. Requirements for Helmet Use - (a) It is unlawful for any person under fifteen years...

§17C-11A-5. Sale of Bicycle Helmets - Any helmet sold or offered for sale for use by...

§17C-11A-6. Civil Actions - A violation of section four of this article is not...

§17C-11A-7. Penalties - (a) Notwithstanding the provisions of section one, article eighteen of...

§17C-11A-8. Ordinances - Nothing in this article shall limit the right of any...

§17C-11A-9. Bicycle Safety Program - (a) Commencing on July 1, 1996, the Governor's highway safety...

Article 12. Special Stops Required

§17C-12-1. Obedience to Signal Indicating Approach of Train - (a) Whenever any person driving a vehicle approaches a railroad...

§17C-12-2. All Vehicles Must Stop at Certain Railroad Grade Crossings - The state road commission and local authorities with the approval...

§17C-12-3. Certain Vehicles Must Stop at All Railroad Grade Crossings - (a) Except as provided in subsection (f) of this section,...

§17C-12-4. Moving Heavy Equipment at Railroad Grade Crossings - (a) No person shall operate or move any crawler-type tractor,...

§17C-12-5. Vehicles Must Stop at Through Highways; Erection of Signs - (a) The state road commission with reference to state highways...

§17C-12-6. Stopping Before Emerging From Alley or Private Driveway; Penalty - (a) The driver of a vehicle within a business or...

§17C-12-7. Overtaking and Passing School Bus; Penalties; Signs and Warning Lights Upon Buses; Requirements for Sale of Buses; Mounting of Cameras; Educational Information Campaign; Limitation on Idling - (a) The driver of a vehicle, upon meeting or overtaking...

§17C-12-7a. Signs and Warning Lights or Alternative Warning Devices Upon Passenger Vans; Passing Passenger Van; Criminal Penalties - (a) Every passenger van used for the transportation of children,...

§17C-12-8. Special Lighting Equipment on School Buses - (a) The Commissioner of Motor Vehicles is authorized to adopt...

§17C-12-9. School Bus Drivers May Present Complaint Directly to Magistrate - Notwithstanding any other provision of this code to the contrary,...

Article 13. Stopping, Standing and Parking

§17C-13-1. Stopping, Standing or Parking Outside of Business or Residence Districts; Penalty - (a) Upon any highway outside of a business or residence...

§17C-13-2. Officers Authorized to Remove Illegally Stopped Vehicles - (a) Whenever any police officer finds a vehicle standing upon...

§17C-13-3. Stopping, Standing or Parking Prohibited in Specified Places; Penalty - (a) No person shall stop, stand or park a vehicle,...

§17C-13-4. Right and Left Parallel Parking; Angle Parking; Highway Signs Restricting Parking, etc.; Penalty - (a) Except as otherwise provided in this section, every vehicle...

§17C-13-5. Removal of Vehicles Parked, etc., on Highways in Emergencies; Liability for Costs of Removal and Storage; Liens for Towing and Storage - Whenever a vehicle has been stopped, parked or left standing...

§17C-13-6. Stopping, Standing, or Parking Privileges for Persons With a Mobility Impairment; Disabled Veterans; Definitions; Qualification; Special Registration Plates and Removable Windshield Placards; Expiration, Application; Violation; Penalties - (a)(1) The commissioner may issue up to two special registration...

§17C-13-7. Signs on Workers' and Church Buses; When Lawful for Such Buses to Stop on Highways and Streets - Any bus used primarily for the transportation of workers only...

§17C-13-8. Disabled Parking Places on Private Facilities; Signs Designating Places - Upon request of operators of privately-owned facilities serving the general...

Article 13A. Diesel-Powered Motor Vehicle Idling Act

§17C-13A-1. Definitions - The following words and phrases when used in this article...

§17C-13A-2. Restrictions on Idling - No driver or owner of a diesel-powered motor vehicle with...

§17C-13A-3. Exceptions - (a) The idling restrictions set forth in section two of...

§17C-13A-4. Increase of Weight Limit - The maximum gross weight limit and axle weight limit for...

§17C-13A-5. Penalties - The driver or owner of a diesel-powered motor vehicle with...

§17C-13A-6. Notification - If the driver of a diesel-powered motor vehicle subject to...

§17C-13A-7. Enforcement - Enforcement of the article is limited to: (1) Any member...

§17C-13A-8. Permanent Idling Restriction Signs - An owner or operator of a location where vehicles subject...

§17C-13A-9. Preemption - (a) The provisions of this article preempt and supersede a...

Article 14. Miscellaneous Rules

§17C-14-2. Limitations on Backing; Penalty - (a) The driver of a vehicle shall not back the...

§17C-14-4. Obstruction to Driver's View or Driving Mechanism; Penalty - (a) No person shall drive a vehicle when it is...

§17C-14-5. Passengers in Seat With Operator; Penalty - (a) No more than three persons including the operator shall...

§17C-14-6. Passengers on Running Board; Penalty - (a) No passenger shall ride nor shall the operator permit...

§17C-14-7. Driving on Mountain Highways; Penalty - (a) The driver of a motor vehicle traveling through defiles...

§17C-14-8. Coasting Prohibited; Penalty - (a) The driver of any motor vehicle when traveling upon...

§17C-14-9. Following Authorized Emergency Vehicles; Penalty - (a) The driver of any vehicle other than one on...

§17C-14-9a. Approaching Authorized Emergency Vehicles; Penalties - (a) The driver of any vehicle approaching a stationary authorized...

§17C-14-10. Crossing Fire Hose; Penalty - (a) No streetcar or vehicle shall be driven over any...

§17C-14-11. Putting Glass, etc., on Highway - (a) No person shall throw or deposit upon any highway...

§17C-14-12. School Bus Rules - (a) The West Virginia Board of Education by and with...

§17C-14-13. Vehicles Parked on Private Property; Penalty - (a) It shall be unlawful for any driver of a...

§17C-14-13a. Police Officers Authorized to Conduct Investigations on Private Property - Notwithstanding any provision of law to the contrary, nothing may...

§17C-14-14. Unlawful to Litter From Motor Vehicle; Penalty; Rule Making - (a) It is unlawful for any driver or passenger of...

§17C-14-15. Prohibited Use of an Electronic Communications Device Driving Without Handheld Features; Definitions; Exceptions; Penalties - (a) Except as provided in subsection (c) of this section,...

Article 15. Equipment

§17C-15-1. Unsafe and Improperly Equipped Vehicles; Additional Parts and Accessories; Applicability of Article to Farm and Road Equipment - (a) It is a misdemeanor for any person to drive...

§17C-15-2. When Lighted Lamps Are Required - Every vehicle other than a school bus, motorcycle, motor-driven cycle...

§17C-15-3. Visibility Distance and Mounted Height of Lamps - (a) Whenever requirement is hereinafter declared as to the distance...

§17C-15-4. Head Lamps on Motor Vehicles - (a) Every motor vehicle other than a motorcycle, motor- driven...

§17C-15-5. Tail Lamps - (a) Every motor vehicle, trailer or semitrailer, and any other...

§17C-15-6. Penalty for Violations of the Provisions of This Article - (a) Unless otherwise provided for in this article and, except...

§17C-15-8. Application of §§ 17c-15-9 to 17c-15-13 - Those sections of this chapter which follow immediately, including sections...

§17C-15-9. Additional Lighting and Reflector Equipment Required on Certain Vehicles - In addition to other equipment required in this chapter the...

§17C-15-10. Color of Clearance Lamps, Side Marker Lamps and Reflectors - (a) Front clearance lamps and those marker lamps and reflectors...

§17C-15-11. Mounting of Reflectors, Clearance Lamps and Side Marker Lamps - (a) Reflectors when required by section nine of this article...

§17C-15-12. Visibility of Reflectors, Clearance Lamps and Marker Lamps - (a) Every reflector upon any vehicle referred to in section...

§17C-15-13. Obstructed Lights Not Required to Be Lighted - Whenever motor and other vehicles are operated in combination during...

§17C-15-14. Lamp or Flag on Projecting Load - Whenever the load upon any vehicle extends to the rear...

§17C-15-15. Lamps on Parked Vehicles - (a) Whenever a vehicle is lawfully parked upon a street...

§17C-15-16. Lamps on Animal-Drawn and Other Vehicles and Equipment - All vehicles including animal-drawn vehicles and including those referred to...

§17C-15-17. Spot Lamps and Other Auxiliary Lamps - For the purposes of this section, a lamp or lighting...

§17C-15-18. Signal Lamps and Signal Devices - (a) Any motor vehicle may be equipped and when required...

§17C-15-19. Additional Lighting Equipment - (a) Any motor vehicle may be equipped with not more...

§17C-15-20. Multiple-Beam Road-Lighting Equipment -- Requirements Generally - Except as hereinafter provided, the head lamps or the auxiliary...

§17C-15-21. Same -- Use Of; Dimming Lights Upon Approaching or Overtaking - (a) Whenever a motor vehicle is being operated on a...

§17C-15-22. Single-Beam Road-Lighting Equipment - Head lamps arranged to provide a single distribution of light...

§17C-15-23. Lighting Equipment on Motorcycles, Motor-Driven Cycles and Mopeds - The head lamp or head lamps upon every motorcycle, motor-...

§17C-15-24. Alternate Road-Lighting Equipment - Any motor vehicle may be operated under the conditions specified...

§17C-15-25. Number of Driving Lamps Required or Permitted - (a) At all times specified in section two of this...

§17C-15-26. Special Restrictions on Lamps - (a) Any lighted lamp or illuminating device upon a motor...

§17C-15-27. Standards for Lights on Snow Removal Equipment - (a) The state road commission shall adopt standards and specifications...

§17C-15-28. Selling and Using Unapproved Lamps or Equipment; Legibility of Name, etc., of Approved Equipment; Use of Improperly Mounted, etc., Equipment - (a) No person shall have for sale, sell, or offer...

§17C-15-30. Revocation of Certificate of Approval on Lighting Devices - When the state road commissioner has reason to believe that...

§17C-15-31. Brakes -- Generally - (a) Brake equipment required. -- (1) Every motor vehicle, other...

§17C-15-32. Brakes on Motorcycles, Motor-Driven Cycles and Mopeds - (a) The commissioner is authorized to require an inspection of...

§17C-15-33. Horns and Warning Devices - (a) Every motor vehicle when operated upon a highway shall...

§17C-15-34. Mufflers; Prevention of Noise, Fumes and Smoke - (a) Every motor vehicle shall at all times be equipped...

§17C-15-35. Mirrors - Every motor vehicle which is so constructed or loaded as...

§17C-15-36. Windshields Must Be Unobstructed and Equipped With Wipers - (a) No person shall drive any motor vehicle with any...

§17C-15-36a. Sun-Screening Devices; Penalty - (a) No person may operate a motor vehicle that is...

§17C-15-37. Tire Equipment Restrictions; Rules and Regulations as to Certain Tires - (a) Every solid rubber tire on a vehicle shall have...

§17C-15-39. Flares and Other Warning Devices to Be Carried in Certain Vehicles - (a) No person shall operate any motor truck, passenger bus,...

§17C-15-40. Display of Warning Devices When Vehicle Is Disabled - (a) Whenever any motor truck, passenger bus, truck tractor, trailer,...

§17C-15-41. Vehicles Transporting Explosives - Any person operating any vehicle transporting any explosive as a...

§17C-15-42. Video Screens, Video Monitors and Television Receivers in View of Driver Prohibited; Exceptions - (a) No motor vehicle may be operated on a street...

§17C-15-43. Vehicles to Be Equipped With Safety Belts - No dealer in new or used automobiles shall sell, lease,...

§17C-15-44. Safety Equipment and Requirements for Motorcyclists, Motorcycles, Motor-Driven Cycles and Mopeds; Motorcycle Safety Standards and Education Committee - (a) No person may operate or be a passenger on...

§17C-15-45. Certification Labels on Mopeds - Every moped sold in this state shall have permanently affixed...

§17C-15-46. Child Passenger Safety Devices Required; Child Safety Seats and Booster Seats - Every driver who transports a child under the age of...

§17C-15-47. Commercial Towing Vehicles to Employ Safety Chains - Every vehicle used in any business in West Virginia for...

§17C-15-48. Alteration of Motor Vehicles; Bumper Height Limits; Other Modifications; Exceptions; Required Inspection; and Rules of Division of Public Safety - (a) No person may operate upon a public highway any...

§17C-15-49. Operation of Vehicles With Safety Belts; Exception; Penalty; Educational Program by West Virginia State Police - (a) A person may not operate a passenger vehicle on...

§17C-15-49a. Admissibility of Use or Nonuse of Safety Belts in Civil Actions - The admissibility of evidence of the failure of an occupant...

§17C-15-50. Air Bag Fraud; Counterfeit and Nonfunctional Air Bags Prohibited; Penalties; Applicability; Exceptions - (a) For purposes of this section: (1) "Air bag" means...

Article 16. Inspection of Vehicles

§17C-16-1. Vehicles Not to Operate Without Required Equipment or in Unsafe Condition - No person shall drive or move on any highway any...

§17C-16-2. Inspection by Department of Public Safety - (a) The department of public safety may at any time...

§17C-16-3. Owners and Drivers to Comply With Inspection Laws - (a) No person driving a vehicle shall refuse to submit...

§17C-16-4. Superintendent of the West Virginia State Police to Require Periodical Inspection; Acceptance of Certificate of Inspection From Another State; Suspension of Registration of Unsafe Vehicles - (a) The Superintendent of the West Virginia State Police shall...

§17C-16-5. Permit for Official Inspection Stations; Fees for and Certificate of Inspection - (a) The Superintendent of the State Police is responsible for...

§17C-16-6. Assignment, Transfer and Posting of Official Inspection Station Permit; Issuance and Record of Certificate of Inspection; Inspection Fee - (a) No permit for an official inspection station shall be...

§17C-16-7. Improper Representation as Official Stations - (a) No person shall in any manner represent any place...

§17C-16-8. False Certificates - (a) No person shall make, issue, or knowingly use any...

§17C-16-9. Operation Without Certificate or Failure to Produce Certificate; Penalty for Misdemeanor - It is a misdemeanor for any owner or operator, or...

Article 17. Size, Weight and Load

§17C-17-1. Unlawful to Exceed Size and Weight Limitations; Application of Article to Fire Apparatus, Farm Machinery, etc.;"operate a Vehicle or Combination of Vehicles" Construed - (a) It shall be unlawful for any owner, lessee or...

§17C-17-2. Width of Vehicles - (a) The total outside width, exclusive of safety equipment authorized...

§17C-17-3. Projecting Loads on Passenger Vehicles - (a) No passenger-type vehicle shall be operated on any highway...

§17C-17-4. Height and Length of Vehicles and Loads - (a) A vehicle, including any load thereon, may not exceed...

§17C-17-5. Special Load Limits - (a) Subject to the foregoing provisions of this article limiting...

§17C-17-6. Loads to Be Securely Fastened and Not Allowed to Leak, Escape, etc. - (a) No vehicle or combination of vehicles shall be operated...

§17C-17-6a. Vehicles Transporting Compressed Gas Containers - It is unlawful for any person operating a vehicle transporting...

§17C-17-7. Trailers and Towed Vehicles - (a) When one vehicle is towing another the drawbar or...

§17C-17-8. Single-Axle Load Limit - (a) The gross weight imposed on the highway by the...

§17C-17-8a. Tandem-Axle Load Limit for the National System of Interstate and Defense Highways - (a) The gross weight imposed on the national system of...

§17C-17-9. Gross Weight of Vehicles and Loads for the National System of Interstate and Defense Highways - (a) It shall be unlawful for any owner, lessee or...

§17C-17-9a. Gross Weight of Vehicles and Loads - (a) It is unlawful for any owner, lessee or borrower...

§17C-17-10. Officers May Weigh, Measure or Examine Vehicles and Require Removal or Rearrangement of Excess Loads - (a) Any police officer or employee of the Division of...

§17C-17-11. Permits for Excess Size and Weight - (a) The Commissioner of the Division of Highways may, in...

§17C-17-11a. Authority of Commissioner of the Department of Highways to Increase Weight Limitations Upon Highways Designated by Him - If, in the opinion of the commissioner of the department...

§17C-17-11b. Authority of State Road Commissioner to Increase Length Limitations Upon Highways Designated by Him - If, in the opinion of the commissioner of the department...

§17C-17-11c. Designating an Industrial Road; Setting Weight Limits - (a) The commissioner of the Division of Highways shall determine...

§17C-17-11d. Establishing Maximum Road Highway Weights - Effective July 1, 2004, the maximum gross vehicle weight on...

§17C-17-12. When State Road Commission or Local Authorities May Restrict Right to Use Highways - (a) Local authorities with respect to highways under their jurisdiction...

§17C-17-13. Liability for Damage to Highway or Structure - (a) The owner, lessee or borrower of any vehicle, object,...

§17C-17-14. Penalties for Violation of Weight Laws; Impounding Vehicles - Any owner, lessee or borrower of a vehicle or combination...

Article 17A. Regulation of the Commercial Transportation of Coal

§17C-17A-1. Legislative Findings and Creation of Program - (a) The Legislature finds and declares that: (1) No other...

§17C-17A-2. Definitions - For purposes of this article: (a) A "coal resource transportation...

§17C-17A-3. Authority of the Division of Highways and Public Service Commission Generally - (a) The Division of Highways shall establish all legal vehicle...

§17C-17A-4. Special Permit Issuance; and Promulgation of Rules - (a) The commission may issue permits to authorize the hauling...

§17C-17A-5. Operation of Coal Trucks Under Special Permits; Weight Limitations; Payment of Permit Fees - (a) Any vehicle, when transporting coal over certain public highways,...

§17C-17A-6. Reporting Requirements for Shippers, Vehicle Owners and Receivers of Coal Transported on Public Highways - (a) Every shipper of coal for transport on a coal...

§17C-17A-7. Permit Application Procedure - The commission shall propose in accordance with provisions of article...

§17C-17A-8. Powers and Duties of the Commission - In addition to all other powers, duties, responsibilities and authority...

§17C-17A-9. Administrative Sanctions - (a) This section imposes administrative sanctions for violations occurring on...

§17C-17A-10. Penalties for Violation of Weight Laws; Impounding Vehicles - (a) Any owner, lessee or borrower of a commercial motor...

§17C-17A-11. Effective Date - Criminal and administrative penalties imposed by this article take effect...

§17C-17A-12. Designating Special Coal Resource Transportation Roads, Highways and Bridges - (a) From those counties and districts described in subsection (a),...

§17C-17A-13. Authority of the Commissioner of the Division of Highways Relating to Road and Bridge Repair on Designated Coal Resource Transportation Roads - (a) In addition to all other powers provided by law...

§17C-17A-14. Exclusion of Off-Road Vehicles - Notwithstanding any other provisions of state law to the contrary,...

§17C-17A-15. Exclusion of Interstate Highways - Notwithstanding any other provisions of this code to the contrary,...

§17C-17A-16. Spotting Unlawful; Penalties - It is unlawful for any person to intentionally assist an...

Article 17B. Transfer of Certain Jurisdiction and Employees to Public Service Commission

§17C-17B-1. Legislative Findings and Purposes - (a) The Legislature finds that: (1) Enforcement officers of the...

§17C-17B-2. Transfer of Jurisdiction Over Vehicle Weight Enforcement and Excess Weight Permit Issuances to Public Service Commission - (a) Effective July 1, 2003, the jurisdiction over the enforcement...

§17C-17B-3. Transfer of Certain Employees From Department of Transportation to Public Service Commission - Effective July 1, 2003, employees of the Department of Transportation...

§17C-17B-4. Costs of Enforcement to Be Funded From Revenues in General Revenue Fund or From Fees Collected by Public Service Commission - (a) On and after July 1, 2003, the cost of...

§17C-17B-5. Exceptions - (a) Nothing in this article reduces or eliminates the authority...

Article 18. Penalties

§17C-18-1. Violations of Chapter; Penalties for Misdemeanor - (a) It is a misdemeanor for any person to violate...

Article 19. Parties, Procedure Upon Arrest and Reports in Criminal Cases

§17C-19-1. Parties to a Crime - Every person who commits, attempts to commit, conspires to commit,...

§17C-19-2. Offenses by Persons Owning or Controlling Vehicles; Owner Present in Vehicle to Be Arrested Rather Than Driver for Certain Traffic Violations - It is unlawful for the owner, or any other person,...

§17C-19-3. When Person Arrested Must Be Taken Immediately Before a Magistrate or Court - (a) Whenever any person is arrested for any violation of...

§17C-19-4. When Person Arrested to Be Given Five Days' Notice to Appear in Court - (a) Whenever a person is arrested for any violation of...

§17C-19-5. Procedure Prescribed by Article Not Exclusive - The following provisions of this article shall govern all police...

§17C-19-6. Form for and Records of Books of Traffic Citations - (a) Every traffic-enforcement agency in this state shall provide in...

§17C-19-7. Disposition and Records of Traffic Citations - (a) Every traffic-enforcement officer upon issuing a traffic citation to...

§17C-19-8. Record of Traffic Cases - Every justice or judge of a court shall keep or...

§17C-19-9. Jurisdiction of Crimes by Justices - Justices of the peace shall have concurrent jurisdiction with the...

§17C-19-10. Guaranteed Arrest Bond Certificates as Cash Bail - Any guaranteed arrest bond certificate of any surety company licensed...

Article 20. West Virginia Turnpike Commission

§17C-20-1. Authority of West Virginia Turnpike Commission - The provisions of this chapter shall apply to toll roads...

Article 21. Effect of Chapter

§17C-21-1. Constitutionality - If any part or parts of this chapter shall be...

§17C-21-2. Repeal of Conflicting Provisions - The provisions of all acts or parts of acts, or...

Article 22. Ridesharing

§17C-22-1. Ridesharing Arrangement Defined - "Ridesharing arrangement" means the transportation of persons in a motor...

§17C-22-2. Common Carrier Laws Do Not Apply to Ridesharing; Requiring Liability Insurance - The following laws and regulations of this state shall not...

§17C-22-3. Workers' Compensation Law Does Not Apply to Ridesharing; Exceptions Thereto - Chapter twenty-three of this code providing compensation for workers injured...

§17C-22-4. Liability of Employer - (a) An employer shall not be liable for injuries to...

§17C-22-5. County or Municipal Licenses and Taxes - No county or municipal corporation may impose a tax on,...

§17C-22-6. Overtime Compensation and Minimum Wage Law - The mere fact that an employee participates in any kind...

§17C-22-7. Certain Ridesharing Vehicles Are Not Commercial Vehicles or Buses; Exemption From Registration; Driver Not Chauffeur - (a) A motor vehicle used in a ridesharing arrangement that...

Article 23. Funeral Processions

§17C-23-1. Definitions - (a) "Funeral director" and "funeral establishment" have the same meaning...

§17C-23-2. Funeral Procession Right-of-Way; Funeral Escort Vehicles; Funeral Lead Vehicles - (a) Regardless of any traffic control device or right-of-way provisions...

§17C-23-3. Driving in Procession - (a) All vehicles comprising a funeral procession shall follow the...

§17C-23-4. Liability - Liability for any death, personal injury or property damage suffered...

§17C-23-5. Equipment - All nonlaw-enforcement funeral escort vehicles and funeral lead vehicles may...

Article 24. Autonomous Vehicles and Devices

§17C-24-1. Definitions - "Mobile carrier means an electrically powered device that: (1) Is...

§17C-24-2. Rules for Personal Delivery Devices and Mobile Carriers - (a) A personal delivery device or mobile carrier may operate...

Article 25. Aviation Related Offenses

§17C-25-1. Definitions - As used in this article, unless the context otherwise requires:...

§17C-25-2. Operation of Aircraft While Under Influence of Alcohol, Controlled Substances, or Drugs; Criminal Penalties - (a) Any person who operates an aircraft in this state...

§17C-25-3. Implied Consent to Test; Administration at Direction of Law-Enforcement Officer; Designation of Type of Test; Definition of Law-Enforcement Officer - (a) Any person who operates an aircraft in this state...

§17C-25-4. Preliminary Analysis of Breath to Determine Alcoholic Content of Blood - When a law-enforcement officer has reason to believe a person...

§17C-25-5. How Blood Test Administered; Additional Test at Option of Person Tested; Use of Test Results; Certain Immunity From Liability Incident to Administering Test - Only a doctor of medicine or a doctor of osteopathy,...

§17C-25-6. Interpretation and Use of Chemical Test - (a)(1) Upon trial for the offense of operating an aircraft...

§17C-25-7. Right to Demand Test - Any person lawfully arrested for operating an aircraft in this...

§17C-25-8. Fee for Withdrawing Blood Sample and Making Urine Test; Payment of Fees - A reasonable fee shall be allowed to the person withdrawing...

§17C-25-9. Unauthorized Taking or Operation of Aircraft; Penalty - Any person who commits the following prohibited acts is guilty...

§17C-25-10. Federal License Required for Operation of Aircraft - (a) A person shall not operate or cause or authorize...

§17C-25-11. Enforcement of Aeronautics Laws - All law enforcement officers shall enforce and assist in the...

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West Virginia Code Chapter 17C. Traffic Regulations and Laws of the Road

West Virginia Code
Chapter 17C. Traffic Regulations and Laws of the Road