All ATV drivers in West Virginia must comply with state laws at all times. Operators must exercise good judgment on every trip with their ATV, even on private property. These vehicles are fun, but they are also incredibly dangerous when abused or driven irresponsibly. If you or a loved one has been injured in an ATV accident due to the negligence of another party, contact a personal injury attorney in West Virginia as soon as possible to discuss your legal options. An accident lawyer can also help you get the financial compensation you deserve. Continuing our series of articles analyzing atV laws in each state that have emerged from this article, in this article we look at ATV laws in West Virginia. It should also be noted that while I am an attorney, I am not your attorney, I am not licensed in West Virginia, and I do not provide legal advice. If you have any questions, you should consult a local lawyer. ATVs are only legal on roads without a yellow line, and in some areas you can drive up to ten miles from the trailhead on any road.
It is a proven method of always wearing a helmet to protect yourself from a head injury when an accident occurs, even if it is not required by private property law. Parents, guardians or other caregivers of a child under the age of 18 who know that their child is driving an all-terrain vehicle without a helmet may be charged with a crime with the following consequences: Remember that not all SUVs are intended for passengers and that it is illegal to carry an additional driver on a single-driver ATV. (b) any parent, guardian or person who bears the effective responsibility of a child under eighteen years of age who knows or ought to have known that the child is driving or being a passenger in an off-road vehicle without a helmet in accordance with the provisions of the first division of this section is guilty of an offence and is liable to the following penalties if convicted: Complying with West Virginia ATV laws not only helps you ensure your safety and avoid legal penalties such as fines, but can also help you limit your liability in the event of an accident. If you have an ATV accident in West Virginia, your inability to wear a helmet or comply with state laws may result in you assuming partial responsibility for the accident. West Virginia maintains a comparative negligence law, which means that a plaintiff who is partially liable for bodily injury will lose a portion of their settlement or the price of their case equal to their percentage of error. For example, a plaintiff who found 10% debt for a $50,000 ATV accident claim lost 10% of the price of the deal, or $5,000 for a net surtax of $45,000. On March 7, 2020, West Virginia state legislatures passed a new law allowing legal ATVs on the street. This new bill (Senate Bill 690) became “in force” 90 days after its passage.
The law states that ATVs and SxS must have certain safety equipment to be allowed to be used on the road. If you drive your vehicle only on private property, the vehicle only needs to be titled and the following road legal requirements do not apply. If you plan to drive your ATV or UTV on the roads, you will need to register it as a “legal special purpose vehicle for the road” under the new law passed in March 2020. West Virginia ATV drivers who suffer injuries in accidents while driving may be legally entitled to compensation if their accidents are due to reckless or reckless actions of another person. Off-road vehicles are popular in West Virginia and throughout the country, but their use can also lead to dangerous accidents. If you own one of these vehicles, you should familiarize yourself with the laws that apply to its use. Compliance with the law will help you avoid ATV accidents as well as the legal penalties that come with non-compliance. A lot of people are already rushing to have their vehicles modified so they can drive on the roads,” said Matt Smalley, director of Dunbar`s Gravely Polaris. He received about five calls a day from people asking him what to do to get the existing off-roaders on the road. A new law in West Virginia, Senate Bill 690, states that you must equip your ATV or side by side to make it legal on the road so it can pass the inspection. To pass the inspection, ATVs must have headlights, turn signals and even a windshield or pair of protective lenses as well as other specifications. j) The owner of a special purpose vehicle operating as a special purpose vehicle approved for the road must ensure that the vehicle is equipped with the following: There are still significant restrictions when you cannot drive an ATV or UTV, even if it is legal for the road.
They are as follows: West Virginia also maintains several other specific laws related to safe and legal ATV operations in the state. First of all, to be driven legally, the vehicle must be registered with the Ministry of Motor Vehicles as a “legal special purpose vehicle for the road”. You must have valid insurance to register and obtain a license plate. In many ways, registration and licensing requirements are similar to registering a motorcycle. Please note that we are not lawyers, so this should not be construed as legal advice. Read the bill and make sure you are in full compliance with the law. (a) Except in the cases provided for in the provisions of subparagraph (b) of this section and in addition to any other remedy in the event of a violation of the provisions of this Code relating to civil or criminal law, any person who contravenes the provisions of this article or of the municipal or county ordinance made pursuant to the provisions of the third section of this article, or who owns or has control of an off-highway vehicle and knowingly permits it; that it is being used in violation. the provisions of this section are guilty of an offence and are liable to a fine of not more than $100 on conviction. As of February 4, 2020, it will now be possible to make your ATV or UTV legal in West Virginia. Thanks to Chad Freeman for providing us with the updated law! In addition to the requirements described below, you must register and issue your ATV or UTV license in the same way as registering a motorcycle. BECKLEY, WV (WVNS) – ATV drivers can now drive on the roads without fear of getting a ticket.
ATVs are now legal on the road in some scenarios. Recent changes to state law in 2020 made it legal to drive ATVs on certain public roads, provided the person driving the vehicle complies with certain rules and restrictions. Once you have installed the right equipment, you will need to have your all-terrain vehicle inspected to ensure that it meets all legal requirements.