What the Law Says About Motorcycle Helmets in WV Every motorcycle rider and passenger in West Virginia is required to properly wear a US Department of Transportation (DOT) certified helmet. California: Operation of a motor vehicle by a driver with bare feet is not prohibited. According to the code, no ATV may be operated on any interstate highway except for public safety. (c) No person may 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 operators seat when the seat is not depressed in any manner. Thus, all laws that apply to vehicles also apply to bicycles. Just as car owners must maintain certain levels of insurance, West Virginia requires motorcyclists to carry motorcycle liability insurance. Click here to learn more. To be in compliance, the helmet must be fastened to the wearers head with a neck or chin strap. (f) A Class 3 electric bicycle must be equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour. No operator may carry any other person nor may any other person ride on the 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 operators seat if it is designed for two persons, or upon another seat firmly attached to the vehicle to the rear of the operators seat and equipped with footrests designed and located for use by the passenger or in a sidecar firmly attached to the vehicle. If you pass the class, you'll be able to waive your DMV motorcycle road test! A motorcycle accident lawyer from DiPiero Simmons McGinley & Bastress, PLLC can help you recover the financial costs that another driver has caused you. Reach out to our office today to find out how we can help you. . There is no passenger age restriction in West Virginia. Thats where we come in. they have only recently become trendy in the United States. West Virginia (WV) offers incredible motorcycle rides, but to enjoy the Mountain State from the seat of your bike you should know and comply with WV motorcycle laws. After you have had your learners permit for seven (7) days, you can make an appointment to return to the DMV to take an on-cycle skills test which must be successfully completed before an endorsement can be added to your license or before a motorcycle only license can be issued. Violating the adult seat belt law, on . an engine of more than 50 CC. If you have a motorcycle, it must be registered 17C-15-44. In West Virginia, there are specific laws that govern the use of What Is the West Virginia Statute of Limitations for Medical Malpractice? State law requires a motorcycle to have a windshield or windscreen that is shatter resistant, for example. For more information, please visit our West Virginia safety inspections page. In West Virginia, the law provides for "class one" and "class three" e-bikes, but not the "class two" classification e-bike that can be propelled solely by a motor up to 20 MPH. Published by Sonny Johnstone in Injuries on Monday, November 11, 2019. According to state code, anybody riding a motorcycle or motor-driven cycle must wear a helmet that is securely fastened by a neck or chin strap. (a) The operator of an electric bicycle has all of the rights and privileges and is subject to all of the duties applicable to the driver of a vehicle subject to this chapter, except as otherwise provided by this section and except as to those provisions of this chapter which by their nature can have no application. NOTE: After your motorcycle is titled and registered, you will have 10 days to complete a safety inspection. Wearing a helmet The rider needs to wear goggles, a face shield, or safety eyeglasses that are shatter-resistant. Even if youre wearing a helmet, motorcycle accidents can be dangerous and cause serious damage to your body and bike. The light should be bright enough to reveal your presence for up to a distance that isnt less than 100 feet when you are driving less than 25 miles per hour, and up to a distance that isnt less than 200 feet when driving over 25 miles per hour. Motorcycles must also have one or more headlamps and a tail lamp, as well as a red brake light. Road Patrol: Motorcycle Safety According to the West Virginia Department of Transportation , motorcyclists are about 29 times more likely to die in a motor vehicle crash and are four times more likely to . The driver of a motorcycle must be seated forward and on a seat that is permanently fixed to the vehicle. The NHTSA reports that approximately 40% of moped fatalities Helmets must also meet all criteria according to federal law, Snell Safety Standards, or the American National Standards Institute. When you buy a motorcycle from a private party, you'll need to register the bike yourself by presenting the following at your local WV DMV: If the motorcycle does not have a current inspection sticker, you will have 10 days from the date it is registered to get a safety inspection. If the motorcycle is equipped with a windshield or a windscreen, it must have shatter-resistant material and comply with all Department of Transportation (DOT) or American National Standards Institute (ANSI) performance specifications. Our law firm has compiled West Virginias laws for Lane splitting regulations. Viewing does not constitute an attorney-client relationship. That means making sure your bike is in good shape and knowing and following the states motorcycle laws. could affect your case. Prior case results do not guarantee a similar outcome. If you take the Motorcycle Safety Course, it waives the on-cycle skills test. Passengers riding in a sidecar shall be restrained by safety belts. See Applying for a License for more information. When you purchase a motorcycle from a dealership in West Virginia, the dealership is required to submit all the necessary registration paperwork to the DMV. Dismissal for cause is defined below: Not showing up for a scheduled classroom or riding session, Arriving late for a classroom or riding session, Showing up without the personal clothing/equipment, Leaving before a regular classroom or riding session, Disrupting class or acting in any manner that prevents other students from receiving the training for which they have paid. According to the National Highway Transportation Safety attached seat; It must have a rear-view mirror attached in such Additionally, there are other requirements to follow in (particularly one with a face shield) can help to reduce the risk of a brain The law fell through but was reintroduced in 2019 as Senate Bill 5254. For about five years his practice was based . order to drive on public roads, including: If you violate one or more of these laws, it could play a factor Clear Search. Learning the law is a must before you ride a motorcycle in West Virginia. of this code, relating to registration, title, drivers license, and financial responsibility requirements. Additional lights for the side cowl and fender are permitted so long as they dont exceed more than two lights. A motorcycle must contain certain equipment to deem it roadworthy in West Virginia. The current fee of the registration sticker is $12.50, and it is available in dealerships, local shops, and online. A motorcycle instruction (learners) permit is required before registering for a rider course or you may schedule a skills test at a local DMV regional office. Looking for Motorcycle License in another state? Some other safety measures you must legally comply with while riding a motorcycle include the following: Handlebars or grips cannot be over 15 inches higher than the highest point of the seat. (f) Notwithstanding any provision of this code to the contrary, a person with a valid drivers license who is operating a fully enclosed autocycle, as defined in section sixty-nine, article one of this chapter, is exempt from the provisions of this section. office. Biker Memorial - Brick Dedication & Bike Blessing. West Virginia law, states that all motorcycle riders and passengers are required to wear a protective helmet that meets the specifications of Department of Transportation (DOT). in a personal injury case involving a moped accident. Like riders, motorcycle passengers are also legally required to wear helmets in West Virginia. Earning your permit is a great accomplishment, but there are specific rules that come along with this phase. Most importantly, we know how to handle serious . In short, yes. Yet because mopeds are smaller and less powerful than motorcycles, we may not realize that they can be just as dangerous. Knowing the rules of the road as they apply specifically to motorcyclists will not only keep you on the right side of the law, but also protect you from potential liability in the event of a collision. West Virginia: 17: 20: all riders: Wisconsin: 33: 83: 17 and younger: Wyoming: 7: 10: 17 and younger *Riders with an instruction permit must wear a helmet regardless . Always use turn signals to warn other drivers of your intentions. Once you establish WV residency, you have 30 days to register your motorcycle with DMV. Compared to a regular motor vehicle, you are more exposed to the elements while on a motorcycle. The type of motorcycle you have. He has been practicing law in the states of West Virginia, Ohio, and Kentucky since graduating from the University of Kentucky College of Law in 1988. Working with one of our experienced West Virginia personal injury lawyers can help you limit your own liability. If you plan to carry a passenger, the motorcycle must be designed to carry more than one person. Someone elses negligence can cause you severe harm when youre on a motorcycle, and when that happens, you likely will want them to pay for the damage theyve done. 352 Crew. and covered with liability insurance. For more information, please visit our guide on inspections in West Virginia. Recent studies show that wearing a DOT-approved helmet reduces the risk of head injury by 69% and the risk of death by 42%. Virginia considers motorcycles to be any two-wheeled, motor-driven cycle with We can protect your rights and get you the compensation to pay for your injuries and any damages. It's important to consider optional types of coverage that could provide financial protection in the event of an accident. Noise restrictions and exhaust and muffler requirements. whether it involves a collision with a car or motorcycle. West Virginia Code 17C-15-44(b) requires both motorcycle operators and passengers to wear eye protection in one of these forms: If using only eyeglasses, they must be shatter-resistant. The other drivers insurance company may claim that it West Virginia Motorcycle Helmet Laws. As per the West Virginia state motorcycle helmet use law, all motorcycle operators and passengers must wear a helmet while riding. to keeping our clients safe. Alabama: Operation of a motor vehicle by a driver with bare feet is permitted except for motorcycle drivers and riders. When traffic backs up, many motorcyclists enjoy the act of lane splitting. ALL RIGHTS RESERVED. Motorcycle owners need to be aware of West Virginia state laws concerning motorcycles, to not only avoid fines or other penalties for violating those laws but also to . Other possible injuries from a moped crash include broken bones, internal injuries, road rash or contusions, and even neck or back injuries. Provide the following to your local WV DMV office: Remember, titling is usually done at the same time as registration. West Virginia's motorcycle helmet laws can be found in state statute 17C-15-44 (a) and (b). All motorcycle operators and their passengers must wear appropriate head protection in West Virginia. EQUIPMENT. Of course, the big drawback to these types of motor The statute also requires helmets be securely fastened with a neck or chin strap. motor-driven cycles that: If your bicycle or moped exceeds the above specifications, then Theyre West Virginia vehicle lighting laws We know that negligent and impaired motor vehicle operators are the leading cause of preventable motorcycle accidents - and that motorcycle operators are the most vulnerable motorists out there. To earn one in West Virginia, visit a DMV office, and: After completing all of the above, the Division of Motor Vehicles should issue your motorcycle permit. When youve been in a motorcycle accident, you could be suffering from serious injuries and other damages that werent your fault. The bill would relax helmet laws in the Mountain State. Each state has its own laws controlling the operation of motorcycles owned by residents or operated by folks visiting from other states. They can travel on all the same roads and highways and must also comply with all the same rules. In a collision In West Virginia, all motorbike motorists and travelers should put on a helmet that is securely attached by either a neck or chin strap. license that is over the age of 16 is allowed to operate a moped in Only $9.95! If a law enforcement officer observes you breaking the child passenger safety law, then you may receive a fine of $10 to $20. The motorcycle helmet law is intended to help reduce the number of motorcycle fatalities and injuries in . If an applicant is under the age of 18, he or she must complete a Level II Graduated Drivers Licensing (GDL) Program to get a motorcycle license or endorsement in West Virginia. In West Virginia, motorized bicycles and mopeds are defined as A daytime headlight is required. If you have been injured in a motor vehicle accident, you should seek medical care immediately. Also, the helmet must meet the standards set by the United States Department of Transportation (USDOT) Federal Motor Vehicle Safety Standard No. We offer a free initial consultation at our office in the Manchin Professional Building our home since 1983 conveniently located in Fairmont. After you've finished all of the exams, you can turn that knowledge and experience into a license! valid for 90 days, but you'll need to have held it for at least 7 days before you can test for your license. Thats why laws exist to keep motorcyclists safe in case they are in an accident. a way that it is easily visible while driving; and. West Virginia motorcycle accident lawyers, Uninsured and underinsured motorcyclist insurance. Eastern Panhandle, WV. Some other states require other kinds of. While the numbers are significantly higher for 17C-11-8. If you happen to get involved in an accident that wasnt your fault, contact the personal injury law firm Johnstone and Gabhart, LLP. If you are dismissed from class for cause, you will not receive a refund. In these situations, legal advice from an experienced West Virginia personal injury attorney can be critical. Rock Spring Church. West Virginia law requires all motorcycle riders and passengers to wear a U.S. Department of Transportation-certified helmet. Head over to our West Virginia title transfers page for more. The type of coverage you need. The Motorcycle Law Group represents riders injured in accidents in Virginia, South Carolina, West Virginia, North Carolina and Georgia. Motorcycle insurance requirements. The motorcyclists financial recovery will be reduced directly in proportion to his or her percentage of fault. Login | (262) 706-3278. To operate a motorcycle in West Virginia, you must carry up-to-date vehicle insurance with at least the required minimums. All Rights Reserved. Very friendly and helpful resources in the middle of downtown ,plenty of.parking around. If you wait too long and try to file after two years have passed, the courts will most likely refuse to hear your case and bar you from making a financial recovery. moped users, which is a primary factor in most moped accidents. Motorcyclists are also subject to The only time eye protection is not needed is when you are riding your motorcycle off-road. NOT allowed to: Your permit will be In comparison, there were 4,868 fatal motorcycle The Committee is currently debating the bill. Lane-splitting means riding a motorcycle between two lanes of traffic moving in the same direction. Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee. Remember, titling is usually done at the same time as registration. If the purchase price is under $500, a $30 fee will be assessed instead. The Department of Transportation establishes minimum criteria for all helmets sold for use on public roads. John Eldon Smith (1930-1983), convicted of the murders of Ronald and Juanita Akins. Get Free quotes from the nation's biggest motorcycle insurance providers. If you have been injured in a moped accident, you may be entitled to compensation if another person caused the crash. WV motorcycle laws set minimum requirements in several key areas: Before you decide to buy a motorcycle for transportation in West Virginia or visit its scenic vistas, be sure youre up-to-date on WV motorcycling laws that may be different from those in other states. Ohio: Operation of a motor vehicle by a driver with bare feet is permitted, but not recommended. higher than the seat; You must ride in a proper seated position; You cannot carry a passenger unless the moped is The rider course consists of classroom time and a training Course. Looking for Motorcycle Registration in another state? West Virginia Motorcycle Laws. West Virginia requires motorcyclists to obtain a license to travel legally on the states roadways. In the state of Virginia that costume can get you arrested. In either case, the motorcyclist must pass a written exam and a road test. Once you settle in, you have 30 days to transfer your out-of-state license. Join Triple S Harley-Davidson in honoring our fallen bikers with a brick dedication and bike blessing. Before you apply for your motorcycle license, you'll need to pass an on-road skills exam, either through the DMV or through a third-party education course. Motorcyclists are responsible for 14% of annual traffic-related fatalities in America, despite the fact that they represent just 3% of the total registered vehicles. Mr. Simmons made me feel at ease, and all of my questions and concerns were addressed in understandable terms. your education and with the ultimate goal of reducing the number of moped These laws can protect you in case you get into an accident, prevent you from getting other motorists injured, and keep you from getting pulled over by law enforcement. (a) The operator of an electric bicycle has all of the rights and privileges and is subject to all of the duties applicable to the driver of a vehicle subject to this chapter, except as otherwise provided by this section and except as to those provisions of this chapter which by their nature can have no application. (e) The motor on an electric bicycle must disengage or cease to propel the electric bicycle when the operator stops pedaling, or when the operator applies the brakes and stops pedaling. If you pass, the F endorsement will be added to your drivers license. All riders in West Virginia, including both operators and passengers, are required to wear helmets that meet the Department of Transportation requirements while riding a motorcycle. Failing to ride with adequate insurance is a crime that could result in fines and other legal trouble in the state. Eye goggles or a face shield must meet the standards set by ANSI for Head, Eye, and Respiratory Protection. While mopeds have been popular in Europe and Asia for decades, Wearing helmets saves lives. If you take the skills test on a 3-wheel motorcycle, you can only ride a 3-wheel motorcycle, but if you take the skills test on a 2-wheel motorcycle, you can ride either a 2-wheel or a 3-wheel motorcycle. Yet there are dangers to be aware of when driving beside vehicles that are much bigger than yours as you should take the proper precautions. with these rules and regulations. Here are some of the services available for West Virginia: West Virginia DMV - Vehicles This service reminds users when their West Virginia vehicle is due for renewal and provides an option to renew online. An operator may carry as many passengers as there are seats and footrests to accommodate those passengers. Your lawyer can use their knowledge of the law to argue that it was the other vehicles speeding that caused the car accident, not your brief moment of standing. Both drivers and passengers must follow this rule no matter their level of experience. even as a passenger; Handlebars must not be more than 15 inches 2018, Snell Safety Standards, or American National Standards Institute (ANSI) Standard Z-90.1. John Smith (murderer) (born 1951), American convicted murderer who killed his first and second wives. However, in order to drive a moped or scooter on public It goes without saying that adhering to motorcycle laws helps protect cyclists in the event of an accident. Motorbikes are inherently more dangerous than regular motor vehicles because more of the body is directly exposed in a collision. This includes passengers on the motorcycle and in sidecars, and there is no age restriction. Motorcycle Insurance Laws in West Virginia Motorcyclists must also carry minimum amounts of liability coverage: $20,000 for bodily injury per person; $40,000 per accident; and ; $10,000 property damage liability. Failing to meet the booster seat weight requirements or other laws can result in a traffic ticket as well as a fine. Furthermore West Virginia specifically allows motorcycle underglow, as long as it's white or amber, and not flashing or rotating. Search for phrases with double quotes around the phrase like this: claims commission, Use a + symbol in front of a word to include it and use a in front of a word to exclude it from searches like this: +railroad -sign, If you type multiple words without quotes or +/- symbols, the search will look for all results containing any of the words. In addition to helmets, motorcyclists in West Virginia must also wear eye protection if their vehicles do not have windshields or windscreens that comply with federal performance specifications. Obtaining a motorcycle license requires passing a skills test on a motorcycle. California legalized lane splitting in 2016 after a University of California at Berkley study showed that lane splitting increases rider safety, but West Virginia has not passed a law legalizing this maneuver. (d) An electric bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Remember, there's a lot that goes into your insurance policy premiums. The more you know about riding safely in the state, the better you can defend your rights. It Keeps Your Head Dry and Warm Sometimes the weather can change in an instant. West A motorcycle must contain certain equipment to deem it roadworthy in West Virginia. endorsement will be added to your current WV driver's license, allowing you to ride your bike in addition to driving other vehicles. Still need to title your new motorcycle? It is against the law to carry a passenger on a motorcycle that is not designed to do so. A BILL to amend and reenact 17C-15-44 of the Code of West Virginia, 1931, as amended, relating to permitting persons who are 21 years of age or older to operate or be a passenger on a motorcycle without a helmet if they have held a license valid for the operation of a motorcycle for a minimum of two years; and making a technical correction to . The DOT sticker is provided on the helmets rear exterior. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users. Kearneysville. At Johnstone & Gabhart, we are committed After passing the written exam, a motorcyclist may participate in a motorcycle safety program and, upon successful completion, would not have to take the road test. Now that you know the rules and requirements of riding a motorcycle in West Virginia, you might have a better idea of who might be liable for a recent motorcycle accident. In addition, you also need to take extra safety precautions when both you and the other motorcycle driver decides to make the same turn. Eye protection is required. Angotti & Straface Attorneys at Law is West Virginia's Top Motorcycle Accident Injury Law Firm. injury and protect you from the possibility of a fatal crash. State law requires a motorcycle to have a windshield or windscreen that is shatter resistant, for example. 9. Motorcycles cannot have more than three wheels and must have a saddle seat Autocycles cannot have more than three wheels Low-Speed Vehicles must have a top speed between 20 and 25 MPH Specially Constructed Vehicles cannot have been built by a widely recognized manufacturer or altered from stock construction Unfortunately, no amount of preparation can stop accidents from occurring entirely. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1. That's where your motorcycle permit comes in. Proof of motorcycle skills test completion. These laws make some equipment, such as a headlamp and tail/brake lights mandatory, and prohibit the use of other types of equipment, such as flashing red or blue lights. standing up on your moped while driving and are in a crash with a car, that If you decide later that you want a regular driver's license, you will have to pass only the driver road skills test. Time to start practicing! Additionally, a helmet must meet the Department of Transportation's criteria for safety: The helmet must have a thick inner layer of polystyrene foam. (a) No person may operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing securely fastened on his or her head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetration and spread impact forces. If the other driver is at fault for causing your motorcycle accident, such as from speeding or distracted driving, you can file a claim with that drivers insurance company. Charles M. Johnstone, II (Sonny) is the managing member of the firm. all motorcycle laws and requirements. Event Date/Time. with over 8.7 They must drive in the same direction as the flow of traffic and obey all speed limits. For example, two motorcyclists may ride abreast (next to each other) in a single lane. There are no relevant WV laws which specifically restrict or prohibit installing car underglow, meaning we consider it legal to use it while driving. The fastest method of enrollment is online by visiting the. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); To protect you from COVID-19, we are offering a quick & easy remote intake process. (b) Except as otherwise provided in . 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