§ 17C-15-44 — Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee

West Virginia § 17C-15-44

• Jurisdiction: West Virginia
• Ch. 17C: TRAFFIC REGULATIONS AND LAWS OF THE ROAD
• Art. 15: EQUIPMENT

Text

(a) A person may not 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. Any helmet worn by an operator or passenger shall meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218, or Snell Safety Standards for Protective Headgear for Vehicle Users.

(b) A person may not operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing safety, shatter-resistant eyeglasses, excluding contact lenses, or eye goggles or face shield that complies with the performance specifications established by the American National Standards Institute for Head, Eye and Respiratory Protection, Z 2.1. In addition, if any motorcycle, motor-driven cycle or moped is equipped with a windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter-resistant material that complies with the performance specifications established by Department of Transportation Federal Motor Vehicle Safety Standard No. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1.

(c) A person may not operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than 15 inches higher than the uppermost part of the operator’s seat when the seat is not depressed in any manner.

(d) A person operating a motorcycle, motor-driven cycle, or moped shall face forward and either sit astride a permanent operator’s seat attached to the vehicle or stand astride the vehicle with both feet on the vehicle’s footpegs or pedals. An operator may not carry any other person and any other person may not ride on the vehicle unless the vehicle is designed to carry more than one person, in which case a passenger may ride: (i) behind the operator upon the permanent operator’s seat if it is designed for two persons; (ii) upon another seat firmly attached to the vehicle to the rear of the operator’s seat and equipped with footrests designed and located for use by the passenger; or (iii) in a sidecar firmly attached to the vehicle. A person may not ride side saddle on a seat. An operator may carry as many passengers as there are seats and footrests to accommodate those passengers. Additional passengers may be carried in a factory-produced sidecar so long as there is one passenger per seat. Any passenger riding in a sidecar shall be restrained by a safety belt.

(e) Every motorcycle, motor-driven cycle, and moped shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator has a clear view of the road and condition of traffic behind him or her for a distance of at least two hundred feet.

(f) Notwithstanding any provision of this code to the contrary, a person with a valid driver’s license who is operating a fully enclosed autocycle, as defined in §17C-1-69 of this code, is exempt from the provisions of this section.

Legislative History

2025 Reg. Sess., HB2752; 2017 Reg. Sess., SB173; 2017 Reg. Sess., SB549; 2016 Reg. Sess., SB363; 2014 Reg. Sess., SB30; 2013 Reg. Sess., HB2477; 2012 Reg. Sess., HB4245; 2011 Reg. Sess., HB2804; 2010 Reg. Sess., HB4157; 2009 Reg. Sess., HB2691; 1996 Reg. Sess., HB2615; 1993 Reg. Sess., HB2680; 1992 Reg. Sess., HB4709; 1978 Reg. Sess., SB88; 1971 Reg. Sess., SB54