1. Crashes Involving Death Or Personal Injuries
   1. The driver of any vehicle involved in a crash resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the crash or as close thereto as possible but shall then forthwith return to and shall remain at the scene of the crash until he or she has complied with the requirements of Part C; provided, that the driver may leave the scene of the crash as may reasonably be necessary for the purpose of rendering assistance to an injured person as required by Part C. Every such stop shall be made without obstructing traffic more than is necessary.
   2. Any person violating the provisions of Part A,1 of this section after being involved in a crash resulting in the death of any person is guilty of a felony and shall be prosecuted under appropriate State law.
   3. Any person violating the provisions of Part A,1 of this section after being involved in a crash resulting in physical injury to any person is guilty of a misdemeanor, and subject to the penalty provided in this Traffic Code. (W. Va. Code 17C-4-1)
2. Crashes Involving Damage To Vehicle. The driver of any vehicle involved in a crash resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such crash until he has fulfilled the requirements of Part C. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with such requirements under such circumstances shall be guilty of a misdemeanor. (W. Va. Code 17C-4-2)
3. Duty To Give Information And Render Aid
   1. 1. The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall, if physically able to do so, provide to the person struck or the driver or occupant of or person attending any vehicle collided with, the following:
         1. His or her name, a valid telephone number where he or she may be contacted and the year, make, model and last four digits of the vehicle identification number of the vehicle he or she is driving; and
         2. Proof of security and financial responsibility required by W. Va. Code 17D-2A-3 and 17D-4-2, and if provided by insurance, the information provided upon the certificate of insurance, including the name of the insured, the name and contact information of the insurer and insurance policy number.
      2. A driver may meet the requirements of this Part by providing the information required herein to a law-enforcement officer who is investigating or providing assistance at the scene of the collision, who shall, if practical under the circumstances, provide the information to any person entitled thereto pursuant to this Part.
   2. The driver of any vehicle involved in a crash resulting in injury to or death of any person, if physically able to do so, shall render to any person injured in such crash reasonable assistance, including the carrying, or the making arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. (W. Va. Code 17C-4-3)
4. Collision With Unattended Vehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. (W. Va. Code 17C-4-4)
5. Collision With Fixtures Upon A Street Or Highway. The driver of any vehicle involved in a crash resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request and if available exhibit his or her driver’s license and shall make report of such crash when and as required. (W. Va. Code 17C-4-5)
6. Immediate Reports Of Crashes. The driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars ($1,000) or more shall immediately by the quickest means of communication, give notice of such crash to the Police Department. (W. Va. Code 17C-4-6)
7. When Driver Unable To Report. Whenever the driver of a vehicle is physically incapable of making an immediate notification of a crash as required in Part F and there was another occupant in the vehicle at the time of the crash capable of making a notification, such occupant shall make or cause to be made such notification not made by the driver. (W. Va. Code 17C-4-8)
8. Garages To Report Bullet Damage. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet, shall report to the Police Department within twenty-four hours after such motor vehicle is received, giving the engine number, registration number, and the name and address of the owner or operator of such vehicle. (W. Va. Code 17C-4-12)
9. Penalty. Any person violating the provisions of Part A after being involved in a crash resulting in physical injury but not death to any person shall be imprisoned for not more than thirty days, or fined not more than one thousand dollars ($1,000) or both. (W. Va. Code 17C-4-1)
   
   Editor's Note - See Section 303.99 for general Traffic Code penalty.
   

Cross References - See sectional histories for similar State law; Authority to require local crash report - see W. Va. Code 17C-4-15; Impounding wrecked vehicles - see TRAF. OHMC 10.02.020 Part G; Removal of glass, etc. from highway - see TRAF. OHMC 10.04.010 Part A.

1. Driving Under The Influence
   1.  Definitions.
      1. “Impaired state” means a person:
         1. Is under the influence of alcohol;
         2. Is under the influence of any controlled substance;
         3. Is under the influence of any other drug or inhalant substance;
         4. Is under the combined influence of alcohol and any controlled substance or any other drug; or
         5. Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.
      2. “Bodily injury” means injury that causes substantial physical pain, illness or any impairment of physical condition.
      3. “Serious bodily injury” means bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.
   2. Any person who drives a vehicle in this Municipality while he or she is in an impaired state and such impaired state proximately causes a bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day more than one year and shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000): provided, that such jail term shall include actual confinement of not less than twenty-four hours: provided, however, that a person sentenced pursuant to this Part shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   3. Any person who drives a vehicle in this Municipality: (1) while he or she is in an impaired state, or (2) while he or she is in an impaired state but has an alcohol concentration in his or her blood of less than fifteen hundredths of one percent by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for up to six months and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00): provided, that a person sentenced pursuant to this Part shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   4. Any person who drives a vehicle in this Municipality while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months, which jail term is to include actual confinement of not less than twenty- four hours, and shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000). A person sentenced pursuant to this Part shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   5. Any person who, being a habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this Municipality is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than six months, which jail term is to include actual confinement of not less than twenty-four hours, and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A person sentenced pursuant to this Part shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   6. Any person who knowingly permits his or her vehicle to be driven in this Municipality by any other person who is in an impaired state is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
   7. Any person who knowingly permits his or her vehicle to be driven in this Municipality by any other person who is a habitual user of narcotic drugs or amphetamine or any derivative thereof is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
   8. Any person under the age of twenty-one years who drives a vehicle in this Municipality while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, for a first offense under this Part is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). For a second or subsequent offense under this Part, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty-four hours and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A person who is charged with a first offense under the provisions of this Part may move for a continuance of proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided in W. Va. Code 17C-5A-3(a). Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person’s record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this Part may not be construed as an admission or be used as evidence.
   9. A person arrested and charged with an offense under the provisions of this Part or Parts A,2, A,3, A,4, A,5, A,6 or A,7 of this section may not also be charged with an offense under this Part arising out of the same transaction or occurrence.
   10. Any person who drives a vehicle in this Municipality while he or she is in an impaired state and has within the vehicle one or more other persons who are unemancipated minors who have not yet reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than twelve months, and shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000): provided, that such jail term shall include actual confinement of not less than forty-eight hours: provided, however, that a person sentenced pursuant to this Part shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
   11. A person violating any provision of Parts A,2, A,3, A,4, A,5, A,6, or A,7 of this section, for the second offense under this Part, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than one year and the court may, in its discretion, impose a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000).
   12. For purposes of Part A,10 of this section relating to second offenses, the following events shall be regarded as offenses under this Part:
       1. Any conviction under the provisions of Parts A,2, A,3, A,4, A,5, or A,6 of this section or under a prior enactment of this Part for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding;
       2. Any conviction under a municipal ordinance of this State or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in Parts A,2, A,3, A,4, A,5, or A,6 of this section, which offense occurred within the ten-year period immediately preceding the date of arrest in the current proceeding; and
       3. Any period of conditional probation imposed pursuant to W. Va. Code 17C-5-2(b) for violation of Part A,3 of this section, which violation occurred within the ten-year period immediately preceding the date of arrest in the current proceeding.
   13. A person may be charged in a warrant or indictment or information for a second or subsequent offense under this Part if the person has been previously arrested for or charged with a violation of this Part which is alleged to have occurred within the applicable time period for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In that case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this Part unless the conviction for the previous offense has become final, or the person has previously had a period of conditional probation imposed pursuant to W. Va. Code 17C-5-2(b).
   14. The fact that any person charged with a violation of Parts A,2, A,3, A,4, or A,5 of this section, or any person permitted to drive as described under Parts A,6, or A,7 of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug does not constitute a defense against any charge of violating Parts A,2, A,3, A,4, A,5, A,6, or A,7 of this section.
   15. For purposes of this Part, the term “controlled substance” has the meaning ascribed to it in W. Va. Code Chapter 60A.
   16. The sentences provided in this Part upon conviction for a violation of this section are mandatory and are not subject to suspension or probation: provided, that the court may apply the provisions of W. Va. Code 62-11A to a person sentenced or committed to a term of one year or less for a first offense under this Part: provided however, that the court may impose a term of conditional probation pursuant to W. Va. Code 17C-5-2(b) to persons adjudicated thereunder. An order for home detention by the court pursuant to the provisions of W. Va. Code 62-11B may be used as an alternative sentence to any period of incarceration required by this Part for a first or subsequent offense: provided, however, that for any period of home incarceration ordered for a person convicted of second offense under this Part, electronic monitoring shall be required for no fewer than five days of the total period of home confinement ordered and the offender may not leave home for those five days notwithstanding the provisions of W. Va. Code 62-11B-5: provided, however, that for any period of home incarceration ordered for a person convicted of a third or subsequent violation of this Part, electronic monitoring shall be included for no fewer than ten days of the total period of home confinement ordered and the offender may not leave home for those ten days notwithstanding W. Va. Code 62-11B-5. (W. Va. Code 17C-5-2)
   17. For purposes of this Part, the phrase "in this Municipality" means anywhere within the physical boundaries of this Municipality, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel.
   18. When used in this Part, the terms or phrases "driving under the influence of intoxicating liquor," "driving or operating a motor vehicle while intoxicated," "for any person who is under the influence of intoxicating liquor to drive any vehicle," or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase "while under the influence of alcohol...drives a vehicle" as the latter term or phrase is used in this Part.
   19. A warrant or indictment which charges or alleges an offense, prohibited by the provisions of this Part, and which warrant or indictment uses any of the terms or phrases set forth in Part A,16 hereof, shall not thereby be fatally defective if such warrant or indictment otherwise informs the person so accused of the charges against him. (W. Va. Code 17C-5-2a)
2. Participation In Motor Vehicle Alcohol Test And Lock Program
   1. Except as provided in Part B,7 hereof, whenever any person who has not previously been convicted of any offense under Part A or any statute of the United States or of any state relating to driving under the influence of alcohol, any controlled substance or any other drug:
      1. Notifies the court within thirty days of his or her arrest of his or her intention to participate in a deferral pursuant to this Part; and
      2. Pleads guilty to or is found guilty of driving under the influence of alcohol under Part A,3 of this section, the court, without entering a judgment of guilt and with the consent of the accused, shall defer further proceedings and, notwithstanding any provisions of this code to the contrary, place him or her on probation, which conditions shall include, that he or she successfully completes the Motor Vehicle Alcohol Test and Lock Program as provided in W. Va. Code 17C-5A-3a. Participation therein shall be for a period of at least 165 days after he or she has served the fifteen days of license suspension imposed pursuant to W. Va. Code 17C-5A-2.
   2. A defendant's election to participate in deferral under this Part shall constitute a waiver of his or her right to an administrative hearing as provided in W. Va. Code 17C-5A-2
      1. If the prosecuting attorney files a motion alleging that the defendant during the period of the Motor Vehicle Alcohol Test and Lock Program has been removed therefrom by the Division of Motor Vehicles, or has failed to successfully complete the program before making a motion for dismissal pursuant to Part B,4 hereof, the court may issue such process as is necessary to bring the defendant before the court.
      2. A motion alleging such violation filed pursuant to Part B,3,a hereof must be filed during the period of the Motor Vehicle Alcohol Test and Lock Program, or if filed thereafter, must be filed within a reasonable time after the alleged violation was committed.
      3. When the defendant is brought before the court, the court shall afford the defendant an opportunity to be heard. If the court finds that the defendant has been rightfully removed from the Motor Vehicle Test and Lock Program by the Division of Motor Vehicles, the court may order, when appropriate, that the deferral be terminated, and thereupon enter an adjudication of guilt and proceed as otherwise provided.
      4. Should the defendant fail to complete or be removed from the Motor Vehicle Alcohol Test and Lock Program, the defendant waives the appropriate statue of limitations and the defendant's right to a speedy trial under any applicable Federal or State constitutional provision, statutes or rules of court during the period of enrollment in the program.
   3. When the defendant shall have completed satisfactorily the Motor Vehicle Alcohol Test and Lock Program and complied with its conditions, the defendant may move the court for an order dismissing the charges. This motion shall be supported by affidavit of the defendant and by certification of the Division of Motor Vehicles that the defendant has successfully completed the Motor Vehicle Alcohol Test and Lock Program. A copy of the motion shall be served on the prosecuting attorney who shall within thirty days after service advise the judge of any objections to the motion, serving a copy of such objection on the defendant or the defendant's attorney. If there are no objections filed within the thirty day period, the court shall thereafter dismiss the charges against the defendant. If there are objections filed with regard to the dismissal of charges, the court shall proceed as set forth in Part B,3 hereof.
   4. Except as provided herein, unless a defendant adjudicated pursuant to this Part be convicted of a subsequent violation of Part A or W. Va. Code 17C-5, discharge and dismissal under this Part shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime except for those provided in W. Va. Code 17C-5A-1, et seq. Except as provided in Parts A,11, A,12, and A,13 regarding subsequent offenses, the effect of the dismissal and discharge shall be to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial. No person as to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing or otherwise giving false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose other than any inquiry made in connection with any subsequent offense as that term is defined in Part A,13.
   5. There may be only one discharge and dismissal under this Part with respect to any person.
   6. No person shall be eligible for dismissal and discharge under this Part:
      1. In any prosecution in which any violation of any other provision of Part A or W. Va, Code 17C-5 has been charged;
      2. If the person holds a commercial driver's license or operates commercial motor vehicle(s);
      3. The person has previously had his or her driver's license revoked under W. Va. Code 17C-5-2(a) or under any statute of the United States or of any state relating to driving under the influence of alcohol, any controlled substance or any other drug; or
      4. If the person refused the secondary chemical test pursuant to W. Va. Code 17C-5-7.
      1. After a period of not less than one year which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this Part, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial and conviction, pursuant to this Part except for those maintained by the Division of Motor Vehicles; provided, that any person who has previously been convicted of a felony may not make a motion for expungement pursuant to this Part.
      2. If the prosecuting attorney objects to the expungement, the objections shall be filed with the court within thirty days after service of a motion for expungement and copies of the objections shall be served on the defendant or the defendant's attorney.
      3. If the objections are filed, the court shall hold a hearing on the objections, affording all parties an opportunity to be heard. If the court determines after a hearing that the person during the period of his or her probation and during the period of time prior to his or her application to the court under this Part has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.
   7. Notwithstanding any provision of this code to the contrary, any person prosecuted for a violation of Part A,3, whose case is disposed of pursuant to the provisions of this Part shall be liable for any court cost assessable against a person convicted of Part A,9. Payment of such costs may be made a condition of probation. The costs assessed pursuant to this Part, whether as a term of probation or not, shall be distributed as other court costs in accordance with relevant municipal ordinances and state statutes. (W. Va. Code 17C-5-2b)
3. Reckless Driving
   1. No person shall drive any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private or upon the property of the Board of Education, or upon any property within the Municipal park and public recreation system, in willful or wanton disregard for the safety of persons or property.
   2. The provisions of Part C,1 hereof shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Municipality within the park and recreation system for exclusive use by motorcycles or other recreational vehicles. (W. Va. Code 17C-5-3)
4. Hazardous Driving
   1. No person shall operate a motor vehicle or motorcycle without exercising reasonable and ordinary control over such vehicle.
   2. No person shall operate a motor vehicle or motorcycle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.
   3. No person shall operate a motor vehicle or motorcycle without giving his full time and attention to the operation of such vehicle.
5. Taking A Child Into Custody; Driving A Motor Vehicle With Any Amount Of Blood Alcohol
   1. A preliminary breath analysis may be administered to a child whenever a law enforcement official has reasonable cause to believe the child to have been driving a motor vehicle with any amount of alcohol in his or her blood, for the purpose of determining the child’s blood alcohol content. Such breath analysis must be administered as soon as possible after the law enforcement officer arrives at a reasonable belief that the child has been driving a motor vehicle with any amount of alcohol in his or her blood. Any preliminary breath analysis administered pursuant to this Part must be administered with a device and in a manner approved by the Division of Health for that purpose. If a preliminary breath analysis is administered, the results shall be used solely for the purpose of guiding the officer in deciding whether the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, and should therefore be taken into custody to administer a secondary test in accordance with the provisions of this Part.
   2. A child may be taken into custody by a law enforcement official without a warrant or court order if the official has reasonable grounds to believe the child to have been driving a motor vehicle with any amount of alcohol in his or her blood. If a preliminary breath analysis is administered and the results of the analysis indicate that the child has an alcohol concentration in his or her blood of less than two hundredths of one percent, by weight, the child may not be taken into custody unless other grounds exist under W. Va. Code 49-5-8(b). Upon taking a child into custody pursuant to the provisions of this Part, the official shall take all reasonable steps to cause notification to be made to the child’s parent or custodian or, if the parent or custodian cannot be located, to a close relative.
   3. Upon taking a child into custody pursuant to this Part, the official shall take the child to a facility where a secondary test of the child’s blood or urine may be administered at the direction of the official or a test of the child’s breath may be administered by the official. The law enforcement agency by which such law enforcement official is employed shall designate whether the secondary test is a test of either blood, breath or urine; provided, that if the test so designated is a blood test and the child refuses to submit to the blood test, then the law enforcement official taking the child into custody shall designate in lieu thereof a breath test to be administered. Notwithstanding the provisions of W. Va. Code 49-5-7, a refusal to submit to a blood test only shall not result in the revocation of the child’s license to operate a motor vehicle in this State. Any child taken into custody pursuant to this Part shall be given a written statement advising him or her that a refusal to submit to a secondary test of either blood, breath or urine, as finally designated by the law enforcement agency or official in accordance with this Part, will result in the suspension of his or her license to operate a motor vehicle in this State for a period of at least thirty days or a revocation of the license for a period up to life.
   4. If the law enforcement official taking the child into custody is employed by a law enforcement agency which does not have available the testing equipment or facilities necessary to conduct any secondary breath test which may be administered pursuant to the provisions of this Part, then the official who took the child into custody may request another qualified person to administer a secondary breath test; provided, that the breath test shall be administered in the presence of the official who took the child into custody. The results of such breath test may be used in evidence to the same extent and in the same manner as if such test had been conducted by the law enforcement official who took the child into custody. The qualified person administering the breath test must be a member of the Division of Public Safety, the sheriff of the county wherein the child was taken into custody or any deputy of such sheriff, or a law enforcement official of another municipality within the county wherein the child was taken into custody. Only the person actually administering the secondary breath test is competent to testify as to the results and the veracity of the test. If the secondary test is a blood test, the test shall be conducted in accordance with the provisions of W. Va. Code 49-5-6.
   5. After taking the child into custody, if the law enforcement official has reasonable cause to believe that the act of the child in driving the motor vehicle is such that it would provide grounds for arrest for an offense defined under the provisions of W. Va. Code 49-5-2 if the child were an adult, then the official shall proceed to treat the child in the same manner as any other child taken into custody without a warrant or court order, in accordance with the provisions of W. Va. Code 49-5-8.
   6. If the results of any secondary test administered pursuant to this Part indicate that the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of ten hundredths of one percent or less, by weight, and if the law enforcement official does not have reasonable cause to believe that the act of the child in driving the motor vehicle is such that it would provide grounds for arrest for an offense defined under the provisions of W. Va. Code 49-5-2 if the child were an adult, then the official shall release the child; provided, that if the results of any secondary test administered pursuant to this Part indicate that the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, the child shall only be released to a parent or custodian, or to some other responsible adult. (Ord. 5-7-96)
6. Penalty. Editor's Note - See Section 303.99 for general Traffic Code penalty.

Cross References - See sectional histories for similar State law; Authority to prohibit driving under the influence - see W. Va. Code 8-12-5(21); Compliance with State law - see W. Va. Code 17C-5-11a; Implied consent - see W. Va. Code 17C-5A.

1. Definitions. For the purposes of this section, the words or terms defined in this section have the meanings ascribed to them:
   1. “Alcoholic beverage” means:
      1. Alcoholic liquor as defined in W. Va. Code 60-1-5; and
      2. Nonintoxicating beer as defined in W. Va. Code 11-16-3.
   2. “Motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail or rails.
   3. “Open alcoholic beverage container” means any bottle, can or other receptacle that:
      1. Contains any amount of alcoholic beverage; and
      2. 1. Is open or has a broken seal; or
         2. Has had its contents partially removed.
   4. “Passenger area of a motor vehicle” means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions. For purposes of this section, the passenger area of a motor vehicle does not include:
      1. 1. A locked glove compartment; or
         2. A fixed center console or other similar fixed compartment that is locked;
      2. In a motor vehicle that is not equipped with a trunk;
         1. The area behind the last upright seat; or
         2. An area not normally occupied by the driver or a passenger; or
      3. In a pickup truck that has no trunk, camper top or separate enclosed area other than the cab of the truck, in the area behind the front seat of the truck in a locked case or container located so as to not be readily accessible to the driver or passengers while in their seating positions.
   5. “Public highway or right-of-way of a public highway” means the entire width between the immediately adjacent to the boundary lines of every way that is publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel. (W. Va. Code 17C-5D-2)
2. Possession Of An Open Alcoholic Beverage Container In The Passenger Area Of A Motor Vehicle
   1. It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right-of-way of a public highway in this Municipality, whether the vehicle is in motion or at rest.
   2. It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this Municipality, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.
   3. The provisions of this Part are not applicable to a passenger:
      1. In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or
      2. In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper. (W. Va. Code 17C-5D-3)
3. Procedure On Arrest. If a person is arrested for an offense under the provisions of this chapter, unless the provisions of W. Va. Code 17C-19-3 require that the person arrested be taken immediately before a magistrate for an offense described in that Part, the provisions of W. Va. Code Art. 17C-19 regarding the issuance of a traffic citation containing a notice to appear applies. (W. Va. Code 17C-5D-4)
4. Penalty. Whoever violates any provision of this chapter shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). (W. Va. Code 17C-5D-3)
   

Cross References - Intoxication or drinking in a public place - see GEN. OFF. OHMC 6.12.060.

1. Maximum Speed Limits
   1. No person shall drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards, then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the street or highway in compliance with legal requirements and the duty of all persons to use due care.
   2. Where no special hazard exists that requires lower speed for compliance with Part A,1 hereof the speed of any vehicle not in excess of the limits specified in this Part or established as hereinafter authorized shall be lawful but any speed in excess of the limits specified in this Part or established as hereinafter authorized shall be unlawful. (Ord. 8-5-81)
      1. Fifteen miles per hour when passing a school building or school grounds abutting on a road, street or highway during school recess or while children are going to or leaving school during opening or closing hours. A school zone shall include all school property such as school grounds or any street or highway abutting school grounds and extending 125 feet along a street or highway from the school grounds. Such speed restriction shall not apply to vehicles traveling on a controlled-access highway which is separated from the school or school grounds by a fence or barrier approved by the Commissioner of Highways; (Ord. 8-5-81; Ord. 7-5-95)
      2. Twenty-five miles per hour in any business or residence district;
      3. Fifty-five miles per hour on open country streets and highways, except as otherwise provided by this section.
      4. State Route 16 (Main Street):
         1. Beginning at mile post 7.77, being the junction of State Route 16 and County Route 18, being also the south corporate limits of the City, running north to mile post 8.04, being the junction of State Route 16 and County Route 15, a total distance of 0.27 miles: speed limit - all vehicles thirty five miles per hour.
         2. Beginning at mile post 8.04, being the junction of State Route 16 and County Route 15, and running north to mile post 9.37, being the junction of State Route 16 and County Route 14, a total distance of 1.33 miles: speed limit - all vehicles twenty-five miles per hour.
         3. Beginning at mile post 9.37, being the junction of State Route 16 and County Route 14, and running north to mile post 10.37, being the junction of State Route 16 and County Route 38, a total distance of 1 mile: speed limit - all vehicles thirty-five miles per hour.
         4. Beginning at mile post 10.37, being the junction of State Route 16 and County Route 38, and running north to mile post 10.94, being a point 0.16 miles south of the junction of State Route 16, U.S. Route 19 and County Route 21/18, being also the north corporate limits of the City, a total distance of 0.57 miles: speed limit - all vehicles forty-five miles per hour.(Ord. 8-5-81)
      5. On West Virginia Route 61:
         1. From U.S. Route 16 north to Secondary Route 18 (Summerlee Road) all vehicles thirty-five miles per hour.
         2. From Secondary Route 18 to the north corporation line all vehicles forty-five miles per hour.
      6. On Secondary Route 15 (Municipal): From U.S. Route 16 to the south corporation line twenty-five miles per hour.
      7. Gatewood Avenue. The speed limit shall be a maximum of twenty-five miles per hour on that portion of Gatewood Avenue (County Route 14) located within the City, beginning at milepost 0.00, being the intersection with W. Va. Route 16 and extending east to milepost 0.62, being the east corporate boundary, and being also a point 350 feet west of the Wilson Street intersection. (Ord. 3-7-89)
      8. Harlem Heights Road. On County Route 19/2, Harlem Heights Road, within the Municipality, beginning at mile post 0.00, being the junction of County Route 19/2 and W. Va. Route 16 and running north to mile post 0.77, being the junction of County Route 19/2 and County Route 19/46 (Lewis Street) and being also the Oak Hill north corporate limit, a total distance of .77 miles, the speed limit for all vehicles shall be twenty-five miles per hour. (Ord. 10-4-88)
      9. Hidden Valley. The public streets hereinafter set forth, all of which are located in that area of the City known as "Hidden Valley," shall be designated as play streets and no person shall drive a vehicle on such streets or any portion thereof, except drivers of vehicles having business or whose residences are on that street, and then such drivers shall exercise the greatest of care in driving upon such street or portion thereof and shall not exceed the speed of fifteen miles per hour. The erection of proper signs and markings giving notice thereof is hereby authorized. The streets so designated are as follows:
         1. Johnson Street, from its intersection with Huff Street to its intersection with Webster Street.
         2. Sidney Street, from its intersection with Johnson Street to the corporate limits.
         3. South Loop Drive, from its intersection with Johnson Street to its intersection with Johnson Street.
         4. Hidden Valley Drive, from its intersection with Johnson Street to its intersection with 25th Street.
         5. Webster Street, from its intersection with Johnson Street to its terminus.
         6. 21st Street, from its intersection with Huff Street to its intersection with Webster Street.
         7. 22nd Street, from its intersection with 21st Avenue to its intersection with Webster Street.
         8. 23rd Street, from its intersection with Huff Street to its intersection with Webster Street.
         9. 24th Street, from its intersection with Gatewood Avenue to its intersection with Webster Street.
         10. 25th Street, from its intersection with Gatewood Avenue to its intersection with Webster Street.
      10. Jones Avenue. The speed limit on Jones Avenue from its intersection with Main Street to the corporate limits shall be twenty-five miles per hour. (Ord. 10-5-82)
      11. Spruce Street. The speed limit shall be fifteen (15) miles per hour. (Ord. 9-15-08)
      The speed set forth in this Part may be altered as authorized in W. Va. Code Art. 17C-6.
   3. Whenever the speed limitations have been so altered, either higher or lower, and the appropriate signs giving notice have been erected as required, operators of vehicles shall be governed by the speed limitations set forth on such signs. No person shall exceed the speed limits posted upon such signs.
   4. The driver of every vehicle shall, consistent with the requirements of Part A,1 hereof drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
   5. The speed limit on controlled-access highways and interstate highways, where no special hazard exists that requires a lower speed, shall in no event be lower than fifty-five miles per hour and the speed limits specified in Part A,2 hereof shall not apply. (W. Va. Code 17C-6-1)
2. Slow Speed. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (W. Va. Code 17C-6-3a(a))
3. Special Speed Limitations
   1. Subject to all other speed restrictions of this Traffic Code no person shall drive a vehicle not designed for carrying passengers and equipped with pneumatic tires at a speed in excess of:
      1. Twenty miles per hour in any business district;
      2. Twenty-five miles per hour in any residence district;
      3. Forty miles per hour on open country highway;
      4. Trucks licensed at 8,000 pounds gross vehicle weight or less shall be permitted the same speed as passenger cars. (W. Va. Code 17C-6-4)
   2. No person shall drive any vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten miles per hour.
   3. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a street or highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is so sign posted. (W. Va. Code 17C-6-5)
4. Racing On Streets And Highways Prohibited. No person shall engage in, or aid or abet by serving as lookout or timer or in any other capacity whatever, any speed race, as defined herein, on any public street or highway in this Municipality. For the purposes of this Part, "speed race" means:
   1. The operation of a motor vehicle in speed acceleration competition with another motor vehicle or motor vehicles; or
   2. The operation of a motor vehicle in speed acceleration competition against time; or
   3. The operation of a motor vehicle in speed competition with another motor vehicle or motor vehicles where the speed exceeds the lawful speed limit. (W. Va. Code 17C-6-8(a))
5. Prima Facie Evidence Of Speed By Radar. The speed of a motor vehicle may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves or reflected light, when such evidence is obtained by members of the Police Department. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle. (W. Va. Code 17C-6-7)
6. Special Speed Limitations When Meeting Or Overtaking Waste Service Vehicles
   1. No person shall drive a motor vehicle and meet or overtake from either direction a stopped waste service vehicle at a speed in excess of fifteen miles per hour.
   2. For purposes of this Part, “waste service vehicle” means any garbage collection vehicle, including a vehicle collecting recyclables or yard waste, which is used for curbside collection, makes frequent stops and is not fully automated.
   3. The speed limitation set forth in Part F,1 of this section applies only under the following circumstances:
      1. The waste service vehicle is identifiable as a waste service vehicle based on the vehicle configuration or markings on the vehicle;
      2. The waste service vehicle operator is giving a visual signal by means of a stationary sign to warn of the presence of workers or must use flashing lights as permitted in this code to caution other drivers; and
      3. The waste service vehicle is not located on a private driveway, controlled access highway, interstate highway, turnpike or road or highway with a center line and more than two lanes. (W. Va. Code 17C-6-11)
7. Penalty. The penalties for violation of any provisions of Part A,2,a shall be not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Anyone found guilty of a second violation within a two-year period faces up to a five hundred dollar ($500.00) fine or up to six months in jail. Anyone found guilty of exceeding the speed limit (15 m.p.h.) by more than five miles per hour will be fined an additional twenty-five dollars ($25.00) for each mile an hour in excess of five miles an hour over the speed limit. (Ord. 7-25-95)
   
   Editor's Note - See Section 303.99 for general Traffic Code penalty.
   

Cross References - See sectional histories for similar State law; Authority to regulate speed - see W. Va. Code 17C-2-8, 17C-6-3; Minimum speed regulations - see W. Va. Code 17C-6-3(a); Special speed limitations - see W. Va. Code 17C-6-4 et seq.; Use of radar - see W. Va. Code 17C-6-7.

1. Driving Upon Right Side Of Roadway; Exceptions
   1. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
      1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
      2. When the right half of a roadway is closed to traffic while under construction or repair;
      3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
      4. Upon a roadway designated and signposted for one-way traffic.
   2. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (W. Va. Code 17C-7-1)
2. Passing To Right When Proceeding In Opposite Directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. (W. Va. Code 17C-7-2)
3. Overtaking, Passing To Left; Driver Duties. The following rules govern the overtaking and passing of vehicles proceeding in the same direction subject to these limitations, exceptions, and special rules hereinafter stated:
   1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an audible signal and pass to the left of the overtaken vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
   2. The driver of a vehicle overtaking a bicycle traveling in the same direction shall pass to the left of the bicycle at a distance of not less than three feet at a careful and reduced speed, and may not again drive to the right side of the roadway until safely clear of the overtaken bicycle.
   3. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and may not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. (W. Va. Code 17C-7-3)
4. Overtaking And Passing On Right
   1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
      1. When the vehicle overtaken is making or about to make a left turn;
      2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;
      3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
   2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. (W. Va. Code 17C-7-4)
5. Overtaking, Passing On Left Of Center. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction. (W. Va. Code 17C-7-5)
6. Additional Restrictions On Driving Upon Left Side Of Roadway
   1. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
      1. When approaching the crest of a grade or upon a curve in the street or highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
      2. When approaching within 100 feet of or traversing any intersection or railroad grade crossing;
      3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
   2. The foregoing limitations shall not apply upon a one-way roadway. (W. Va. Code 17C-7-6)
7. Hazardous Or No Passing Zones. When signs or markings are in place and clearly visible to an ordinarily observant person indicating that overtaking and passing or driving to the left of the roadway would be especially hazardous, every driver of a vehicle shall obey the directions thereof. (W. Va. Code 17C-7-7)
8. One-Way Roadways And Rotary Traffic Islands
   1. Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
   2. A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (W. Va. Code 17C-7-8(b), (c))
9. Driving In Marked Lanes Or Continuous Lines Of Traffic. Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
   1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
   2. Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane which is clearly marked as a left turn lane except in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
   3. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. (W. Va. Code 17C-7-9)
10. Following Too Closely
    1. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon and the condition of the street or highway.
    2. No operator of any motor truck, registered for a gross weight of more than 8,000 pounds, bus, special mobile equipment or any motor vehicle drawing another vehicle operating upon any roadway outside of a business or residence district, shall follow within 200 feet of another motor truck, bus, special mobile equipment or any motor vehicle drawing another vehicle; provided that this provision shall not be construed to:
       1. Prevent overtaking and passing;
       2. Apply upon any lane specially designated for the use of motor trucks or combinations of vehicles, or within any section of a roadway posted or marked as a "no-passing zone";
       3. Apply to any convoy of vehicles of the military service of the United States or of this State; and
       4. Apply to funeral processions.
    3. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to:
       1. Funeral processions; or
       2. Any convoy of vehicles of the military service of the United States or of this State. (W. Va. Code 17C-7-10)
11. Driving Upon Divided Roadways. Whenever any street or highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority. (W. Va. Code 17C-7-11)
12. Entering And Exiting Controlled-Access Highway. No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority. (W. Va. Code 17C-7-12)
13. Penalty. Editor's Note - See Section 303.99 for general Traffic Code penalty.

Cross References - See sectional histories for similar State law; Authority to establish one-way streets - see W. Va. Code 17C-2-8(4).

1. Conformity With Provisions Required. The driver of a vehicle intending to turn at an intersection shall do so as provided in this section. (W. Va. Code 17C-8-1)
2. Right Turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. (W. Va. Code 17C-8-2)
3. Left Turns On Two-Way Roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. (W. Va. Code 17C-8-3)
4. Left Turns On Other Than Two-Way Roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. (W. Va. Code 17C-8-4)
5. Specified Turns At Intersections. Council or other designated traffic authority may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs. (W. Va. Code 17C-8-5)
6. "U" Turns Restricted
   1. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet. (W. Va. Code 17C-8-6)
   2. No vehicle shall be turned so as to proceed in the opposite direction within an intersection, or upon any street in a business district, or upon a freeway, expressway or controlled-access highway, or where authorized signs are erected to prohibit such movement, or at any other location unless such movement can be made with reasonable safety to other users of the street and without interfering with the safe operation of any traffic that may be affected by such movement.
7. Starting Vehicle. No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. (W. Va. Code 17C-8-7)
8. Signals Before Changing Course, Turning Or Stopping
   1. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Parts B to E, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
   2. A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
   3. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (W. Va. Code 17C-8-8)
9. Signals To Be Given By Hand And Arm Or Signal Device. Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, but when a vehicle is so constructed or loaded that hand-and-arm signal would not be visible both to the front and rear of such vehicle then such signals must be given by such a lamp or lamps or signal device. (W. Va. Code 17C-8-9)
10. Hand And Arm Signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
    1. Left Turn: Hand and arm extended horizontally.
    2. Right Turn: Hand and arm extended upward.
    3. Stop or Decrease Speed: Hand and arm extended downward. (W. Va. Code 17C-8-10)
11. Penalty. Editor's Note - See Section 303.99 for general Traffic Code penalty.
    

Cross References - See sectional histories for similar State law; Authority to regulate the turning of vehicles - see W. Va. Code 17C-2-8(a)(9); Authority to specify different courses for turns - see W. Va. Code 17C-8-5.

1. Right-Of-Way At Intersections
   1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different street or highway.
   2. When two vehicles enter an intersection from a different street or highway at approximately the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
   3. The right-of-way rules declared in Parts A,1 and A,2 hereof are modified at through streets or highways and otherwise as hereinafter stated in this section. (W. Va. Code 17C-9-1)
2. Right-Of-Way When Turning Left. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required by this Traffic Code may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicles making the left turn. (W. Va. Code 17C-9-2)
3. Right-Of-Way At Through Street Or Highway Or Stop Intersections
   1. The driver of a vehicle shall stop as required by Part E at the entrance to a through street or highway and shall yield the right-of-way to other vehicles which have entered the intersection from such through streets or highways or which are approaching so closely on such through street or highway as to constitute an immediate hazard but the driver having so yielded may proceed.
   2. The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through street or highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed. (W. Va. Code 17C-9-3)
4. Driving Onto Roadway From Private Road Or Driveway; Duty To Yield. The driver of a vehicle about to enter or cross a street or highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the street or highway. (W. Va. Code 17C-9-4)
5. Right-Of-Way Of Emergency Vehicle
   1. Upon the immediate approach of an authorized emergency vehicle equipped with at least one flashing lighted lamp of a color authorized by OHMC 10.06.090 Part R, which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
   2. This Part shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street or highway. (W. Va. Code 17C-9-5)
6. Turning Into Private Driveway, Alley Or Building. The driver of a vehicle intending to turn into a private road or driveway, alley or building from a public street or highway shall be governed by the following rules:
   1. Approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
   2. Upon a roadway where traffic is proceeding in opposite directions, approach for a left turn and a left turn shall be made from that portion of the right half of the roadway nearest the center line thereof.
   3. Upon a roadway where traffic is restricted to one direction, approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
   It shall be the duty of the driver of any vehicle entering a private road or driveway, alley or building to yield the right-of-way to pedestrians lawfully using the sidewalk or sidewalk area extending across any alleyway, private road, driveway or building.
7. Penalty. Editor's Note - See Section 303.99 for general Traffic Code penalty.
   

Cross References - See sectional histories for similar State law; Authority to designate through streets and stop intersections - see W. Va. Code 17C-2-8(a)(6), 17C-12-5.

1. Driving Across Grade Crossing
   1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this Part, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
      1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
      2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
      3. A railroad train approaching within approximately 1,500 feet of the street or highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;
      4. Any approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
   2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (W. Va. Code 17C-12-1)
2. Stops At Dangerous Grade Crossings. Council or other designated traffic authority with the approval of the State Commissioner of Highways is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercising due care. (W. Va. Code 17C-12-2)
3. Stopping At Grade Crossings
   1. Except as provided in Part C,5 of this section, the driver of a commercial motor vehicle specified in Part C,2 of this section shall not cross a railroad track or tracks at grade unless he or she first:
      1. Stops the commercial motor vehicle within fifty feet of, and not closer than fifteen feet to, the tracks;
      2. Thereafter, listens and looks in each direction along the tracks for an approaching train; and
      3. Ascertains that no train is approaching.
   2. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without change of gears. The driver shall not shift gears while crossing the tracks.
   3. The following commercial vehicles are required to stop at railroad tracks or tracks at grade:
      1. Every bus transporting passengers;
      2. Every commercial motor vehicle transporting any quantity of a United States Department of Transportation defined division 2.3 chlorine;
      3. Every commercial motor vehicle which, in accordance with United States Department of Transportation regulations, is marked or placarded and is required to stop in accordance with 49 C.F.R. part §392.10(a)(3)(2001);
      4. Every cargo tank motor vehicle, loaded or empty, used for the transportation of any hazardous material, as defined in Federal Department of Transportation hazardous materials rules, 49 C.F.R. parts §107 through §180 (2001);
      5. Every cargo tank motor vehicle transporting a commodity which, at the time of loading, has a temperature above its flashpoint as determined by 49 C.F.R. §173.120 (2001); and
      6. Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity exemption in accordance with 49 C.F.R. part §107 subpart B (2001).
   4. Any vehicle owned by an employer which, in carrying on the employer’s business or in carrying employees to and from work, carries more than six employees of the employer is required to stop at all railroad tracks or tracks at grade, in accordance with Part C,1 of this section.
   5. All drivers of commercial motor vehicles not required to stop at railroad tracks or tracks at grade as provided in Part C,1 of this section may not cross a railroad track or tracks at grade unless he or she first slows the commercial motor vehicle to a speed which will permit the commercial motor vehicle to be stopped before reaching the nearest rail of the railroad crossing and permit exercise of due caution to ascertain that the tracks are clear of an approaching train.
   6. All drivers of commercial motor vehicles may not proceed to cross a railroad crossing unless there is sufficient space to drive completely through the crossing without stopping and the vehicle has sufficient undercarriage clearance to drive completely through the crossing without stopping.
   7. No stop need be made at:
      1. Any crossing where a police officer, crossing flagger or a traffic-control signal directs traffic to proceed;
      2. A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes within a business district, as defined in 49 C.F.R. §390.5 (2000);
      3. A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law permits the commercial motor vehicle to proceed across the track without slowing or stopping; or
      4. A railroad grade crossing which is marked with a sign indicating that the rail line is out of service.
   8. Any person driving a vehicle specified in this Part or a vehicle that requires a commercial driver’s license who fails to comply with the requirements of this Part is guilty of a misdemeanor. Provided, that if the electric or mechanical signal device is malfunctioning, this Part shall not apply. (W. Va. Code 17C-12-3)
4. Moving Heavy Equipment Across Grade Crossings
   1. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event, of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this Part.
   2. Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
   3. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
   4. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction. (W. Va. Code 17C-12-4)
5. Through Streets And Stop Intersections
   1. Council or other designated traffic authority may designate through streets or highways and erect stop signs at specified entrances thereto or may designate any intersection as a stop intersection and erect like signs at one or more entrances to such intersection.
   2. Every such sign shall bear the word "Stop" in letters not less than six inches in height and such sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign.
   3. Every stop sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the roadway.
   4. Every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection or in the event there is no crosswalk shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting street or highway where the driver has a view of approaching traffic on the intersecting street or highway before entering the intersection except when directed to proceed by a police officer or traffic control signal. (W. Va. Code 17C-12-5)
6. Driving Onto Roadway From Place Other Than Roadway; Stopping At Sidewalk. The driver of a vehicle within a business or residence district emerging from any alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway. (W. Va. Code 17C-12-6)
7. Stopping For School Bus; Signs And Warning Lights; Sale Of School Bus
   1. The driver of a vehicle upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on such school bus flashing warning signal lights, as referred to in W. Va. Code 17C-12-8 and such driver shall not proceed until such school bus resumes motion, or is signaled by the school bus driver to proceed or the visual signals are no longer actuated. This Part applies wherever the school bus is receiving or discharging children, including, but not limited to, any street, highway, parking lot, private road or driveway: provided, that the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a school bus which is on a different roadway or adjacent to such highway and where pedestrians are not permitted to cross the roadway.
   2. Where the actual identity of the operator of a motor vehicle operated in violation of Part G,1 of this section is unknown but the license plate number of the motor vehicle is known, it may be inferred that the operator was an owner or lessee of the motor vehicle for purposes of the probable cause determination. Where there is more than one registered owner or lessee, the inference created by this Part shall apply to the first listed owner or lessee as found on the motor vehicle registration: Provided, that a person charged with a violation of Part G,1 of this section under the provisions of this Part where the sole evidence against the owner or lessee is the presence of the vehicle at the scene at the time of the offense shall only be subject to the applicable fine set forth in Section 10.02.02 (J).
   3. Service of process of a complaint issued pursuant to Part G,2 of this section shall be effected consistent with West Virginia Rule of Criminal Procedure 4.
   4. Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "school bus" in letters not less than eight inches in height. When a contract school bus is being operated upon a street or highway for purposes other than the actual transportation of children either to or from school, all markings thereon indicating "school bus" shall be covered or concealed. Any school bus sold or transferred to another owner by a county board of education, agency or individual, shall have all flashing warning lights disconnected and all lettering removed or permanently obscured, except when sold or transferred for the transportation of school children. (W. Va. Code 17C-12-7)
8. Stopping For Passenger Van; Signs And Warning Lights
   1. Every passenger van used for the transportation of children shall bear upon the front and rear thereof a plainly visible sign containing the warning “Caution: Loading and Unloading Passengers” in letters not less than six inches in height. Every such passenger van shall be equipped with either flashing warning signal lights as are contemplated and referred to in W. Va. Code 17C-12-8, or a red caution flag which the driver or some other adult must use by exiting the passenger van and displaying while assisting in the loading or unloading of passengers. Such vehicles may also be equipped with a white flashing strobotron warning light that meets the requirements set forth in W. Va. Code 17C-15-26(e).
   2. The driver of a vehicle upon meeting or overtaking from any direction any passenger van which has stopped for the purpose of loading or unloading passengers shall stop his or her vehicle before reaching the passenger van when there is in operation on the passenger van flashing warning signal lights or when an adult is outside the passenger van with a red caution flag and assisting with the loading or unloading of passengers. The driver of a vehicle may not proceed until he or she is signaled by the passenger van driver to proceed, the passenger van flashing signal lights are no longer actuated, or the passenger resumes motion. This Part applies whenever the passenger van is loading or unloading children on any street, highway, parking lot, private road or driveway: provided, that the driver of a vehicle upon a controlled access highway need not stop upon meeting or passing a passenger van which is on a different roadway or adjacent to the highway and where pedestrians are not permitted to cross the roadway. (W. Va. Code 17C-12-17a)
9. Obstructing Intersection Or Crosswalk. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
10. Penalty. Editor's Note - See Section 10.02.02 (J) for general Traffic Code penalty.
    

Cross References - See sectional histories for similar State law; Authority to establish through streets and stop inter- sections - see W. Va. Code 17C-2-8(a)(6).

1. Driving Unsafe Vehicles; Application; Farm And Road Equipment Exceptions
   1. No person shall drive or move and no owner shall cause or knowingly permit to be driven or moved on any street or highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this section, or which is equipped in any manner in violation of this section, or for any person to do any act forbidden or fail to perform any act required under this section.
   2. Nothing contained in this section shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this section.
   3. The provisions of this section with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as herein made applicable. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Part B display a red tail lamp and either multiple-beam or single-beam head lamps meeting the requirements of Part B. (W. Va. Code 17C-15-1)
2. When Lighted Lights Required. Every vehicle other than a school bus, motorcycle, motor-driven cycle or moped operated upon a street or highway within this Municipality at any time from sunset to sunrise or during fog, smoke, rain or other unfavorable atmospheric conditions, or at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street or highway at a distance of 500 feet ahead shall display lighted head lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as provided for in Part G,3. Every school bus, motorcycle, motor-driven cycle and moped shall display lighted head lamps at all times when upon the street or highway. Lighted lamps and other lighting devices that consist of multiple light-emitting diodes (LEDs) or other illuminating components that function as a single lighting unit are deemed to be functional so long as at least sixty-six percent of the LEDs or other illuminating components are functional; provided, that the lighted lamps or lighting devices must still project sufficient illumination to satisfy all other requirements contained in this section. (W. Va. Code 17C-15-2)
3. Measurement Of Distances And Heights
   1. Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible such provisions shall apply during the times stated in Part B in respect to a vehicle without load when upon a straight, level, unlighted street or highway under normal atmospheric conditions unless a different time or condition is expressly stated.
   2. Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. (W. Va. Code 17C-15-3)
4. Headlights On Motor Vehicles And Motorcycles
   1. Every motor vehicle other than a motorcycle, motor-driven cycle or moped shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this section.
   2. Every motorcycle, motor-driven cycle and moped shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this section.
   3. Every head lamp upon every motor vehicle, including every motorcycle, motor-driven cycle and moped, shall be located at a height measured from the center of the head lamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in Part C. (W. Va. Code 17C-15-4)
5. Tail Light; Illumination Of Rear License Plate
   1. Every motor vehicle, trailer or semitrailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
   2. Every tail lamp upon every vehicle shall be located at a height of not more than sixty inches nor less than twenty inches to be measured as set forth in Part C,2.
   3. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. (W. Va. Code 17C-15-5)
6. Red Light Or Red Flag On Extended Loads. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Part B, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this Part shall be in addition to the red rear light required upon every vehicle. At any time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. (W. Va. Code 17C-15-14)
7. Lights On Parked Or Stopped Vehicles
   1. Whenever a vehicle is lawfully parked upon a street or highway during the hours between sunset and sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need be displayed upon such parked vehicle.
   2. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between sunset and sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: At least one lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of such lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this Part is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motorcycle, motor-driven cycle or moped.
   3. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. (W. Va. Code 17C-15-15)
8. Lights On Slow-Moving Vehicles. All vehicles including animal-drawn vehicles and including those referred to in Part A,3 not hereinbefore specifically required to be equipped with lamps, shall at the times specified in Part B be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear. (W. Va. Code 17C-15-16)
9. Spotlights And Auxiliary Vehicles. For the purposes of this Part, a lamp or lighting device meets the requirements specified below so long as any portion of the illuminating surface of the lamp or lighting device is within the specified range.
   
   All lamps and lighting devices covered in this Part may be installed so that the entire lamp or lighting device exceeds forty-two inches above the level surface upon which the vehicle stands so long as such lamps or lighting devices are either covered or dimmable.
   1. Spot Lamps. Any motor vehicle except a public utility company maintenance vehicle may be equipped with not more than one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle. A public utility company maintenance vehicle may be equipped with more than one spot lamp but all lighted spot lamps shall be aimed and used in conformity to the requirements of this Part.
   2. Fog Lamps. Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes.
   3. Auxiliary Passing Lamp. Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements and limitations set forth in this section.
   4. Auxiliary Driving Lamp. Any motor vehicle may be equipped with not more than two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands and every such auxiliary driving lamp shall meet the requirements and limitations set forth in this section.
   5. Roof-Mounted Off-Road Light Bar Lighting Device. Any motor vehicle may be equipped with a roof-mounted off-road light bar lighting device comprised of multiple lamps: provided, that whenever the vehicle is operated or driven upon any road or highway, the roof-mounted off-road light bar lighting device shall be turned off while the vehicle is being operated on any road or highway. (W. Va. Code 17C-15-17)
10. Signal Lamps And Signal Devices
    1. Any motor vehicle may be equipped and when required under this Traffic Code shall be equipped with the following signal lamps or devices:
       1. A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a tail lamp.
       2. A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.
    2. A stop lamp shall be plainly visible and understandable from a distance of 100 feet to the rear both during normal sunlight and at nighttime and signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 100 feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.
    3. All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Part B. (W. Va. Code 17C-15-18)
11. Cowl, Fender And Back-Up Lights; Flashing Hazard Lights
    1. Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.
    2. Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.
    3. All motor vehicles shall be equipped with a minimum of at least two functioning back-up lamps either separately or in combination with other lamps, unless the vehicle was originally equipped with one lamp. Any such back-up lamp shall not be lighted when the motor vehicle is in forward motion. School buses used for the transportation of school children in this Municipality, whether owned and operated by a county board of education or privately owned and operated under contract with a county board of education, shall be equipped with at least two back- up lamps, one on each side of the rear door, with white lens or reflectors, capable of lighting the roadway and objects to the rear of the bus for safe backing during darkness, and which, at the option of the county board of education, may each provide fifty candlepower in illumination intensity instead of thirty-two candlepower.
    4. Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this section. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights or any shade of color between amber and red.
    5. Vehicles used by “rural mail carriers” in carrying or delivering mail in rural areas may be equipped with amber flashing lights. Such lights shall be on the front and rear of the vehicle and may be activated when the vehicle is stopped or decreasing speed in order to stop in the course of carrying, delivering or picking up mail along the route.
    6. Vehicles used as the lead car in a funeral procession are hereby authorized to be equipped with, but are not required to use, purple lamps or purple flashing lights. Such lamps may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing a funeral procession, and when so equipped may display such warning in addition to any other warning signals required by this section. The lamps or flashing lights used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously either illuminating or flashing purple lights. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing or illuminated purple lights. (W. Va. Code 17C-15-19)
12. Multiple-Beam Road-Lighting Equipment Requirements. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combinations thereof on motor vehicles other than a motorcycle, motor-driven cycle or moped shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
    1. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.
    2. There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
    3. Every new motor vehicle, other than a motorcycle, motor-driven cycle or moped, registered in the State after January 1, 1952, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. (W. Va. Code 17C-15-20)
13. Use Of Headlight Beams. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Part B, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
    1. Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam specified in Part L,2 shall be deemed to avoid glare at all times regardless of road contour and loading.
    2. Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this Traffic Code other than the uppermost distribution of light specified in Part L,1. (W. Va. Code 17C-15-21)
14. Single-Beam Road-Lighting Equipment. Head lamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1952 in lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:
    1. The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead.
    2. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet. (W. Va. Code 17C-15-22)
15. Light On Motorcycles, Motor-Driven Cycles And Mopeds. The head lamp or head lamps upon every motorcycle, motor-driven cycle and moped may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:
    1. Every head lamp or head lamps shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet when the motorcycle, motor-driven cycle or moped is operated at any speed less than twenty-five miles per hour and at a distance of not less than 200 feet when it is operated at a speed of twenty-five or more miles per hour.
    2. If the motorcycle, motor-driven cycle or moped is equipped with a multiple-beam type head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in Part L,1 and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in Part L,2.
    3. If the motorcycle, motor-driven cycle or moped is equipped with a single-beam lamp or lamps such lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes.
       1. Subject to Part O,4,b hereof, a motorcycle may be equipped with, and an operator of a motorcycle may use, the following auxiliary lighting:
          1. Amber and white illumination;
          2. Standard bulb running lights; or
          3. Light-emitting diode pods and strips.
       2. Lighting under this Part shall be:
          1. Nonblinking;
          2. Nonflashing;
          3. Nonoscillating; and
          4. Directed toward the engine and the drive train of the motorcycle to prevent interference with the driver’s operation of the vehicle. (W. Va. Code 17C-15-23)
16. Alternate Road-Lighting Equipment. Any motor vehicle may be operated under the conditions specified in Part B when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in Part L, or Part N, provided that at no time shall it be operated at a speed in excess of twenty miles per hour. (W. Va. Code 17C-15-24)
17. Number Of Driving Lights Required Or Permitted
    1. At all times specified in Part B at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle, motor-driven cycle or moped, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
    2. Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a street or highway. (W. Va. Code 17C-15-25)
18. Special Restrictions On Lights
    1. Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or flashing front-direction signals which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
    2. No person may drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying other than a white or amber light visible from directly in front of the center of the vehicle except as authorized by Part R,4 hereof.
    3. Except as authorized in Parts R,4 and R,7 of this section and Part K, flashing lights are prohibited on motor vehicles: Provided, that any vehicle as a means for indicating right or left turn, or any vehicle as a means of indicating the same is disabled or otherwise stopped for an emergency may have blinking or flashing lights.
    4. Notwithstanding any other provisions of this Traffic Code, the following colors of flashing warning lights are restricted for the use of the type of vehicle designated:
       1. Blue flashing warning lights are restricted to police vehicles. Authorization for police vehicles shall be designated by the chief administrative official of each police department.
       2. Except for standard vehicle equipment authorized by Part K, red flashing warning lights are restricted to the following:
          1. Ambulances;
          2. Fire-fighting vehicles;
          3. Hazardous material response vehicles;
          4. Industrial fire brigade vehicles;
          5. Rescue squad vehicles not operating out of a fire department;
          6. School buses;
          7. Class A vehicles, as defined by W. Va. Code 17A-10-1 of those firefighters who are authorized by their fire chiefs to have the lights;
          8. Class A vehicles of members of duly chartered rescue squads not operating out of a fire department;
          9. Class A vehicles of members of ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have the lights;
          10. Class A vehicles of out-of-state residents who are active members of West Virginia fire departments, ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have the lights;
          11. West Virginia Department of Agriculture emergency response vehicles.
          12. Vehicles designated by the Secretary of the Department of Military Affairs and Public Safety for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services and Division of Homeland Security and Emergency Management; and
          13. Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
          14. Red flashing warning lights attached to a Class A vehicle shall be operated only when responding to or engaged in handling an emergency requiring the attention of the firefighters, members of the ambulance services or chartered rescue squads.
       3. The use of red flashing warning lights is authorized as follows:
          1. Authorization for all ambulances shall be designated by the Department of Health and Human Resources and the sheriff of the county of residence.
          2. Authorization for all fire department vehicles shall be designated by the Fire Chief and the State Fire Marshal's Office.
          3. Authorization for all hazardous material response vehicles and industrial fire brigades shall be designated by the Chief of the Fire Department and the State Fire Marshal's Office.
          4. Authorization for all rescue squad vehicles not operating out of a fire department shall be designated by the squad chief, the sheriff of the county of residence and the Department of Health and Human Resources.
          5. Authorization for school buses shall be designated as set out in W. Va. Code 17C-14-12.
          6. Authorization for firefighters to operate Class A vehicles shall be designated by their fire chiefs and the State Fire Marshal's Office.
          7. Authorization for members of ambulance services or any other emergency medical service personnel to operate Class A vehicles shall be designated by their chief official, the Department of Health and Human Resources and the sheriff of the county of residence.
          8. Authorization for members of duly chartered rescue squads not operating out of a fire department to operate Class A vehicles shall be designated by their squad chiefs, the sheriff of the county of residence and the Department of Health and Human Resources.
          9. Authorization for out-of-state residents operating Class A vehicles who are active members of a West Virginia fire department, ambulance services or duly chartered rescue squads shall be designated by their respective chiefs.
          10. Authorization for West Virginia Department of Agriculture emergency response vehicles shall be designated by the Commissioner of the Department of Agriculture.
          11. Authorization for vehicles for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services and Division of Homeland Security and Emergency Management shall be designated by the Secretary of the Department of Military Affairs and Public Safety.
          12. Authorization for Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
       4. Yellow or amber flashing warning lights are restricted to the following:
          1. All other emergency vehicles, including tow trucks and wreckers, authorized by the W. Va. Code Chapter 17C and 17C-15-27;
          2. Postal service vehicles and rural mail carriers, as authorized in Part K;
          3. Rural newspaper delivery vehicles;
          4. Flag car services;
          5. Vehicles providing road service to disabled vehicles;
          6. Service vehicles of a public service corporation;
          7. Snow removal equipment;
          8. School buses; and
          9. Automotive fire apparatus owned by a municipality or other political subdivision, by a volunteer or part-volunteer fire company or department or by an industrial fire brigade.
       5. The use of yellow or amber flashing warning lights shall be authorized as follows:
          1. Authorization for tow trucks, wreckers, rural newspaper delivery vehicles, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation and postal service vehicles shall be designated by the sheriff of the county of residence.
          2. Authorization for snow removal equipment shall be designated by the Commissioner of the Division of Highways.
          3. Authorization for school buses shall be designated as set out in W. Va. Code 17C-14-12.
          4. Authorization for automotive fire apparatus shall be designated by the Fire Chief in conformity with the NFPA 1901 standard for automotive fire apparatus as published by the National Fire Protection Association (NFPA) on July 18, 2003, and adopted by the State Fire Commission by legislative rule (87 CSR 1, et seq.), except as follows:
             1. With the approval of the State Fire Marshal, used automotive fire apparatus may be conformed to the NFPA standard in effect on the date of its manufacture or conformed to a later NFPA standard, and
             2. Automotive fire apparatus may be equipped with blinking or flashing headlamps.
    5. Notwithstanding the foregoing provisions of this Part, any vehicle belonging to a county board of education, an organization receiving funding from the state or federal transit administration for the purpose of providing general public transportation, or hauling solid waste may be equipped with a white flashing strobotron warning light. This strobe light may be installed on the roof of a school bus, a public transportation vehicle, or a vehicle hauling solid waste not to exceed one-third the body length forward from the rear of the roof edge. The light shall have a single clear lens emitting light three hundred sixty degrees around its vertical axis and may not extend above the roof more than six and one-half inches. A manual switch and a pilot light must be included to indicate the light is in operation.
    6. Notwithstanding the foregoing provisions of this Part, any waste service vehicle as defined in W. Va. Code Chapter 17C-6-11 may be equipped with yellow or amber flashing warning lights.
    7. No person shall install or use flashing warning lights of an unauthorized color on a vehicle other than as specified in this Part, except that a police vehicle may be equipped with either or both blue or red warning lights. (W. Va. Code 17C-15-26)
19. Motor Vehicle Or Motorcycle Brakes
    1. Brake Equipment Required.
       1. Every motor vehicle, other than a motorcycle, motor-driven cycle or moped, when operated upon a street or highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
       2. Every motorcycle, motor-driven cycle and moped, when operated upon a street or highway, shall be equipped with at least one brake which may be operated by hand or foot.
       3. Every trailer or semitrailer of a gross weight of 3,000 pounds or more when operated upon a street or highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and such brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied.
       4. Every new motor vehicle, trailer or semitrailer hereinafter sold in this State and operated upon the streets or highways shall be equipped with service brakes upon all wheels, with the following exceptions:
          1. Trucks and truck-tractors having three or more axles need not have brakes on the front wheels, except when such vehicles are equipped with at least two steerable axles, the wheels of one such axle need not be equipped with brakes, and
          2. Any motorcycle, motor-driven cycle or moped and any semitrailer of less than 1,500 pounds gross weight need not be equipped with brakes.
       5. In any combination of motor-driven vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.
       6. Every such vehicle and combination of vehicles, except motorcycles, motor-driven cycles and mopeds, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading on a surface free from snow, ice or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.
          
          The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that a failure of any one part shall not leave the vehicle without operative brakes.
       7. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
    2. Performance Ability of Brakes. Every motor vehicle or combination of motor-drawn vehicles shall be capable, at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake, within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances:
       
       

       Vehicle or Combination of vehicles having brakes on wheels	Feet to stop from 20 miles per hour 30 Deceleration in feet per second 14
       Vehicles or combinations of vehicles not having brakes on all wheels	Feet to stop from 20 miles per hour 40 Deceleration in feet per second 10.7

    3. Maintenance of Brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. (W. Va. Code 17C-15-31)
20. Inspection Of Brakes On Motorcycles, Motor-Driven Cycles And Mopeds. No person shall operate on any street or highway any motorcycle, motor-driven cycle or moped in the event the Commissioner of Highways has disapproved the brake equipment upon such vehicle or type of vehicle. (W. Va. Code 17C-15-32)
21. Horn, Siren And Theft Alarm Signal
    1. Every motor vehicle when operated upon a street or highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a street or highway.
    2. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this Part.
    3. It is permissible but not required that any commercial vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
       
       Any authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the Department of Motor Vehicles, but such siren shall not be used except when such vehicle is operated in response to an emergency or in the immediate pursuit of an actual or suspected violator of the law, in which such latter events the driver of such vehicle shall sound such siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof. (W. Va. Code 17C-15-33)
22. Muffler; Muffler Cutout; Excessive Smoke, Gas Or Noise
    1. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. Such muffler shall be the muffler originally installed by the manufacturer of the vehicle or, if a replacement, the equivalent thereof. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a street or highway.
    2. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (W. Va. Code 17C-15-34)
23. Rear-View Mirror. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the street or highway for a distance of at least 200 feet to the rear of such vehicle. (W. Va. Code 17C-15-35)
24. Windshield To Be Unobstructed; Windshield Wiper
    1. No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, side wings or side or rear windows of such vehicle which obstructs the driver's clear view of the street or highway or any intersecting street or highway.
    2. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
    3. Every windshield wiper upon a motor vehicle shall be maintained in good working order. (W. Va. Code 17C-15-36)
25. Tire Equipment Restrictions
    1. Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
    2. No person shall operate or move on any highway any motor vehicle, trailer or semitrailer having any metal tire in contact with the roadway.
    3. No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that:
       1. It shall be permissible to use farm machinery with tires having protuberances which will not injure the street or highway;
       2. It shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid; and
       3. It shall be permissible to use studded tires during the period from November 1, of each year until April 15 of the following year. Provided that in the interest of highway maintenance, no vehicle moved on a street or highway, other than school buses, shall be equipped with studded tires which are operational with a recommended air pressure greater than forty pounds per square inch.
    4. No studded tires or chains shall be sold or used within the Municipality which do not meet the specifications established by the rules and regulations which the Commissioner of Highways shall promulgate.
    5. Council may in its discretion issue special permits authorizing the operation upon the street or highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Traffic Code. (W. Va. Code 17C-15-37)
26. Safety Glass In Motor Vehicles
    1. On and after July 1, 1951, no person shall operate any motor vehicle as specified herein, nor shall any motor vehicle as specified herein be registered thereafter unless such vehicle is equipped with safety glass of a type approved by the Commissioner of Highways wherever glass is used in doors, windows and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glass shall apply to all glass used in doors, windows, and windshields in the drivers' compartments of such vehicles.
    2. The term "safety glass" shall mean any product composed of glass, so manufactured, fabricated or treated as substantially to prevent shattering and flying of the glass when struck or broken, or such other or similar product as may be approved by the Commissioner. (W. Va. Code 17C-15-38)
27. Vehicles Transporting Explosives. Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a street or highway shall at all times comply with the provisions of this Part.
    1. Such vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "Danger" in white letters six inches high.
    2. Every such vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use and placed at a convenient point on the vehicle so used. (W. Va. Code 17C-15-41)
28. Video Screens And Monitors, Television Receivers In View Of Driver Prohibited
    1. No motor vehicle may be operated on a street or highway when equipped with a television receiver, video monitor, television or video screen unless the receiver, screen or monitor is configured so that the moving images are not in view of the operator while the vehicle is in motion, or if falls within one or more of the categories set forth in Parts AB,2 or AB,3 of this section.
    2. This prohibition does not apply to the following equipment installed in a vehicle:
       1. A visual display if it does not show video or television broadcast images in view of the operator while the motor vehicle is in motion;
       2. A global positioning device;
       3. A mapping display;
       4. A visual display used to enhance or supplement the driver’s view forward, behind or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;
       5. A visual display used to enhance or supplement a driver’s view of vehicle occupants; or
       6. Television-type receiving equipment used exclusively for safety or traffic engineering information.
    3. A television receiver, video monitor, television or video screen or other similar means of visually displaying a television broadcast or video signal is not prohibited if the equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display described in Parts AB,2,a to AB,2,f of this section. (W. Va. Code 17-C-15-42)
29. Safety Equipment For Motorcyclists, Motorcycles, Motor-Driven Cycles And Mopeds
    1. No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless he is wearing securely fastened on his 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.
    2. No person shall operate or be a passenger on any motorcycle or motor-driven cycle unless he is wearing safety, shatter-resistant eyeglasses (excluding contact lenses), or eyegoggles 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.
    3. No person shall 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 operator's seat when the seat is not depressed in any manner.
    4. A person operating a motorcycle, motor-driven cycle or moped shall ride in a seated position facing forward and only upon a permanent operator's seat attached to the vehicle. No operator shall carry any other person nor shall any other person ride on such a 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 operator's seat if it is designed for two persons, or 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 in a sidecar firmly attached to the vehicle. No person shall ride sidesaddle 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 side car provided that there is one passenger per seat. Passengers riding in a sidecar shall be restrained by safety belts.
    5. 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 shall have a clear view of the road and condition of traffic behind him for a distance of at least 200 feet.
       1. "Autocycle" means a fully or partially enclosed motorcycle that is equipped with safety belts, rollover protection, a rearview mirror, automotive seating, a steering wheel and equipment otherwise required on a motorcycle and which has no more than three wheels in contact with the roadway at any one time. (W. Va. Code 17C-1-69)
       2. 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 Part AB,5,a hereof, is exempt from the provisions of this Part. (W. Va. Code 17-C-15-44)
30. Certification Labels On Mopeds. Every moped sold in this Municipality shall have permanently affixed to it a certification label which shall contain the following information:
    1. Name of manufacturer;
    2. Month and year of manufacture;
    3. Gross vehicle weight rating (GVWR);
    4. Gross axle weight rating for front and rear axles (GAWR);
    5. Vehicle identification number;
    6. Classification type; and
    7. Statement of conformance to Federal standards as required by Federal law. (W. Va. Code 17C-15-45)
31. Child Passenger Safety Devices Required; Child Safety Seats And Booster Seats. Every driver who transports a child under the age of eight years in a passenger automobile, van or pickup truck other than one operated for hire shall, while the motor vehicle is in motion and operated on a street or highway, provide for the protection of the child by properly placing, maintaining and securing the child in a child passenger safety device system meeting applicable federal motor vehicle safety standards; provided, that if a child is under the age of eight years and at least four feet nine inches tall, a safety belt shall be sufficient to meet the requirements of this Part.
    
    Any person who violates any provision of this Part shall be fined not less than ten dollars ($10.00) nor more than twenty dollars ($20.00).
    
    A violation of this Part does not by virtue of the violation constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
    
    If any provision of this Part or the application thereof to any person or circumstance is held invalid, the invalidity may not affect other provisions or applications of this Part and to this end the Parts of this section are declared to be severable.
    
    If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver may not be considered in violation of this Part. (W. Va. Code 17C-15-46)
32. Certificate Of Inspection And Approval. No owner or operator of any vehicle required to be inspected under W. Va. Code Art. 17C-16 shall operate or permit to be operated such vehicle without having displayed thereon a current and valid certificate of inspection and approval or fail to produce same upon demand of any authorized person as therein designated. (W. Va. Code 17C-16-9)
33. Alteration Of Motor Vehicles; Bumper Height Limits
    1. No person shall operate upon a public street or highway any motor vehicle registered or required to be registered in this State if it has been modified by alteration of its height from the ground to the extent that its bumpers, measured to any point on the lower edge of the main horizontal bumper bar, exclusive of any bumper guards, do not fall within the limits specified herein for its gross vehicle weight rating category. The front and rear bumper height of motor vehicles whose gross vehicle weight rating is 10,000 pounds or less shall be no less than six inches and no more than thirty-one inches. In the absence of bumpers, and in cases where bumper heights have been altered or modified, height measurements shall be made to the bottom of the frame rail. If a motor vehicle has a bumper, the bumper must be at least three inches in vertical width, centered on the center line of the motor vehicle and not less than the width of the wheel track distance. The provisions of this Part do not apply to motor vehicles with a gross vehicle weight rating in excess of 10,000 pounds. For the purpose of this Part, the term "gross vehicle weight ratings" means the manufacturer's gross vehicle weight ratings established for that vehicle.
    2. The maximum distance between the vehicle body to the vehicle frame shall not exceed three inches. The distance from the vehicle body to the vehicle frame shall be measured from the vehicle body mount seat to the vehicle frame mount seat: provided, that the maximum distance limitation shall not prohibit a body lift kit up to three inches to be added to the manufacturer's original spacer between the body and the frame. No vehicle shall be modified to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation. No part of the original suspension system may be disconnected to defeat the safe operation of the suspension system. Modification of the front end suspension by the use of lift blocks is expressly prohibited.
    3. Nothing contained in this Part prevents the installation of heavy duty equipment, including shock absorbers and overload springs.
    4. Nothing contained in this Part prohibits the operation on a public street or highway of a motor vehicle with normal wear to the suspension system if such normal wear does not adversely affect the control of the vehicle.
    5. This Part does not apply to specially designed or modified motor vehicles when operated off the public streets and highways in races and similar events. Such motor vehicles may be lawfully towed on the streets and highways of this Municipality.
    6. Modifications to motor vehicles, not prohibited herein, shall be made subject to inspection as provided in Part AG,8 hereof.
    7. Nothing contained in this Part shall subject a vehicle modified solely by the installation of tires not larger than two sizes beyond the maximum specified by the manufacturer to inspection as provided in Part AG,8 hereof.
    8. Any motor vehicle which has been altered from the manufacturer's specification with respect to bumper height for that vehicle make and model but within the allowable limits of Part AG,1 hereof or any motor vehicle which has been altered from the manufacturer's specification for that vehicle make and model with respect to the distance from the vehicle body to vehicle frame but within the allowable limits of Part AG,2 hereof may be operated upon a public street or highway in this Municipality, subject to inspection under W. Va. Code 17C-15-48: provided, that any motor vehicle which has been altered from the manufacturer's specification by lowering the bumper height for that vehicle make and model within the allowable limits of Part AG,1 hereof shall be exempt from the inspection requirements hereunder and may be operated upon a public street or highway in this Municipality subject to provisions of W. Va. Code Chapter 17C-16. Each municipal law-enforcement agency must record on crash report forms whether a modified vehicle was involved in the crash. (W. Va. Code 17C-15-48)
34. Sun Screening Devices
    1. No person may operate a motor vehicle that is registered or required to be registered in the State on any public highway, road or street that has a sun screening device on the windshield, the front side wings and side windows adjacent to the right and left of the driver and windows adjacent to the rear of the driver that do not meet the requirements of this Part. Provided, that law-enforcement K-9 and other emergency vehicles that are designed to haul animals, unmarked law enforcement vehicles primarily used for covert or undercover enforcement and automobiles that have sun-screening devices installed at the factory by the manufacturer are exempt from this requirement. No unmarked law enforcement vehicle, herein exempted, may engage in routine traffic stops.
    2. A sun screening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow or amber in color. A sun screening device may be used only along the top of the windshield and may not extend downward beyond the ASI line or more than five inches from the top of the windshield whichever is closer to the top of the windshield.
    3. A sun screening device when used in conjunction with the automotive safety glazing materials of the side wings or side windows located at the immediate right and left of the driver shall be a nonreflective type with reflectivity of not more than twenty percent (20%) and have a light transmission of not less than thirty-five percent (35%). The side windows behind the driver and the rear most windows may have a sun screening device that is designed to be used on automotive safety glazing materials that has a light transmission of not less than thirty-five percent (35%) and a reflectivity of not more than twenty percent (20%). If a sun screening device is used on glazing behind the driver, one right and one left outside rear view mirror is required.
    4. Each manufacturer shall:
       1. Certify to the State Police and Division of Motor Vehicles that a sun screening device used by it is in compliance with the reflectivity and transmittance requirements of this Part;
       2. Provide a label not to exceed one and one-half square inches in size, with a means for the permanent and legible installations between the sun screening material and each glazing surface to which it is applied that contains the manufacturer's name and its percentage of light transmission; and
       3. Include instructions with the product or material for proper installation, including the affixing of the label specified in this Part. The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle from the outside.
    5. No person shall:
       1. Offer for sale or for use any sun screening product or material for motor vehicle use not in compliance with this Part; or
       2. Install any sun screening product or material on vehicles intended for use on public roads without permanently affixing the label specified in this Part.
    6. The provisions of this Part do not apply to a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sun screening material which would be of a light transmittance or luminous reflectance in violation of this Part. The affidavit must be in the possession of the person so afflicted, or the person's legal guardian, at all times while being transported in the motor vehicle.
    7. The light transmittance requirement of this Part does not apply to windows behind the driver on trucks, buses, trailers, mobile homes and multipurpose passenger vehicles.
    8. As used in this Part:
       1. "Bus" means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons.
       2. "Light transmission" means the ratio of the amount of total light to pass through a product or material to the amount of the total light falling on the product or material.
       3. "Luminous reflectants" means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials.
       4. "Manufacturer" means any person engaged in the manufacturing or assembling of sun screening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun.
       5. "Motor homes" means vehicular units designed to provide temporary living quarters built into and an integral part of or permanently attached to a self-propelled motor vehicle chassis.
       6. "Multipurpose passenger vehicle" means a motor vehicle with motive power, except a trailer, designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional offroad operation.
       7. "Nonreflective" means a product or material designed to absorb light rather than to reflect it.
       8. "Passenger car" means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle or trailer, designed for carrying ten persons or less.
       9. "Sun screening device" means film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.
       10. "Truck" means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment. (W. Va. Code 17C-15-36a)
35. Operation Of Vehicles With Safety Belts
    1. A person shall not operate a passenger vehicle on a public street or highway unless the person, any passenger in the back seat under eighteen years of age, and any passenger in the front seat of such passenger vehicle is restrained by a safety belt meeting applicable federal motor vehicle safety standards. For the purposes of this Part, "passenger vehicle" means a motor vehicle which is designed for transporting ten passengers or less, including the driver, except that such term does not include a motorcycle, a trailer or any motor vehicle which is not required on the date of the enactment of this Part under a federal motor vehicle safety standard to be equipped with a belt system. The provisions of this Part shall apply to all passenger vehicles manufactured after the first day of January, 1967, and being 1968 models and newer.
    2. The required use of safety belts as provided herein does not apply to a duly appointed or contracted rural mail carrier of the United States Postal Service who is actually making mail deliveries or to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety belt if the condition is duly certified by a physician who shall state the nature of the disability as well as the reason such restraint is inappropriate.
    3. A violation of this Part is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages, and shall not be admissible in mitigation of damages: provided, that the court may, upon motion of the defendant, conduct an in camera hearing to determine whether an injured party's failure to wear a safety belt was a proximate cause of the injuries complained of. Upon such a finding by the court, the court may then, in a jury trial, by special interrogatory to the jury, determine (1) that the injured party failed to wear a safety belt, and (2) that the failure to wear the safety belt constituted a failure to mitigate damages. The trier of fact may reduce the injured party's recovery for medical damages by an amount not to exceed five percent (5%) thereof. In the event the plaintiff stipulates to the reduction of five percent (5%) of medical damages, the court shall make the calculations and the issue of mitigation of damages for failure to wear a safety belt shall not be presented to the jury. In all cases, the actual computation of the dollar amount reduction shall be determined by the court.
    4. Notwithstanding any other provision of this Code to the contrary, no points may be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this Part.
    5. Nothing contained in this Part shall be construed to abrogate or alter the provisions of Part AE relating to the mandatory use of child passenger safety devices. (W. Va. Code 17C-15-49)
36. Penalty
    1. General Section Penalty. Unless otherwise provided for in this section, any person violating any provision of this section shall be fined not more than one hundred dollars ($100.00); upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars ($200.00); and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00).
    2. Brakes. Any person violating Parts S or T shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than ten days, or both; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than twenty days, or both; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. (W. Va. Code 17C-15-6)
    3. Sunscreening Devices. Whoever violates Part AI shall be fined not more than two hundred dollars ($200.00). (W. Va. Code 17C-15-36a)
    4. Safety Belts. Any person who violates the provisions of Part AI shall be fined not more than twenty-five dollars ($25.00). No court costs or other fees shall be assessed for a violation of this Part. (W. Va. Code 17C-15-49)

1. Weight Laws; Penalties For Violation Of Impounding Vehicles. Any owner, lessee or borrower of a vehicle or combination of vehicles who operates or permits to be operated on any highway within the City such vehicle or combination of vehicles with any axle load in excess of that permitted by W. Va. Code 17C-17-8 and 17C-17-8a, or with a total gross weight with load imposed upon the highway by anyone group of two or more consecutive axles in excess of that permitted by W. Va. Code 17C-17-9 or 17C-17-11, shall be guilty of a misdemeanor, and shall be punished by a fine scheduled in proportion to the amount of pounds in excess of the registered weight, or in excess of allowable weights for single axle, or in excess of allowable weights for groups of two or more consecutive axles, in accordance with the schedule in words and figures as follows: Pounds in excess of registered weight, or in excess of allowable weights for single axle, or in excess of allowable weights for groups of two or more consecutive axles:
   
   

   	Amount of Fine
   1 to 4,000	$20.00
   4,001 to 5,000	25.00
   5,001 to 6,000	60.00
   6,001 to 7,000	70.00
   7,001 to 8,000	80.00
   8,001 to 9,000	90.00
   9,001 to 10,000	100.00
   10,001 to 11,000	165.00
   11,001 to 12,000	180.00
   12,001 to 13,000	195.00
   13,001 to 14,000	210.00
   14,001 to 15,000	225.00
   15,001 to 16,000	320.00
   16,001 to 17,000	340.00
   17,001 to 18,000	360.00
   18,001 to 19,000	380.00
   19,001 to 20,000	400.00
   20,001 to 21,000	525.00
   21,001 to 22,000	550.00
   22,001 to 23,000	575.00
   23,001 to 24,000	600.00
   24,001 to 25,000	625.00
   25,001 to 26,000	780.00
   26,001 to 27,000	810.00
   27,001 to 28,000	840.00
   28,001 to 29,000	870.00
   29,001 to 30,000	900.00
   30,001 to 40,000	1,200.00
   40,001 to 50,000	1,400.00
   50,001 and over	1,600.00

   In the event any owner, lessee or borrower of a vehicle is charged with violating this Part, the vehicle which is charged to be overloaded shall be impounded by the arresting officer and shall not be released to such owner, lessee or borrower unless and until such owner, lessee or borrower either shall have been found guilty and paid any fine assessed against such owner, lessee or borrower, or shall have furnished cash or surety bond in at least double the amount of the fine which may be assessed against such owner, lessee or borrower for such violation of this Part and conditioned upon the payment of any such fine and costs assessed for such violation, or shall have been acquitted of such charge. Such owner, lessee or borrower shall be liable for any reasonable storage costs incurred in storing such vehicles; provided, that if the owner of such vehicle is a resident of or has a principal place of business located in this City, and said vehicle has been duly licensed in the City, then said vehicle shall not be impounded but the arresting officer shall deliver to the driver a written notice stating such violation; the place, date and time; the license number of said vehicle; the title number and name and address of the owner; the driver’s name, address, and the number of his operator’s or chauffeur’s card or permit; and the court, place, date and time for hearing, which shall be within five days of such violation (Saturdays, Sundays, and holidays, excluded). A copy of such notice shall within forty-eight hours be mailed to the owner of said vehicle. Upon the failure by such owner or his or its agent to appear at the designated place and time, or upon failure to pay the fine and costs assessed for such violation, unless such owner shall have been acquitted of such charge, the Court shall order a bond or the impounding of said vehicle as provided in this Part. (Ord. 2-6-96)
2. Projecting Loads On Passenger Vehicles
   1. No passenger-type vehicle shall be operated on any street or highway with any load carried thereon extending beyond the line of the fenders of the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof.
   2. A motor home, travel trailer or truck camper may exceed the maximum width prescribed in Part C, if the excess width is attributable to an appurtenance that does not exceed more than six inches beyond the body of the vehicle. (W. Va. Code 17C-17-3)
3. Maximum Width, Height And Length
   1. A vehicle, including any load thereon, may not exceed a height of thirteen feet six inches, but the owner or owners of such vehicles shall be responsible for damage to any bridge or highway structure and to municipalities for any damage to traffic control devices or other highway structures where such bridges, devices or structures have a vehicle clearance of less than thirteen feet six inches.
   2. A motor vehicle, including any load thereon, may not exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers, except that a motor home and school bus may not exceed a length of forty-five feet, exclusive of front and rear bumpers.
   3. Except as hereinafter provided in this Part or in Part C,4 of this section, a combination of vehicles coupled together may not consist of more than two units and no combination of vehicles including any load thereon shall have an overall length, inclusive of front and rear bumpers, in excess of fifty-five feet except as provided in W. Va. Code 17C-17-11b, and except as otherwise provided in respect to the use of a pole trailer as authorized in W. Va. Code 17C-17-5. The limitation that a combination of vehicles coupled together may not consist of more than two units may not apply to:
      1. A combination of vehicles coupled together by a saddle-mount device used to transport motor vehicles in a drive- away service when no more than three saddle mounts are used, if equipment used in the combination meets the requirements of the safety regulations of the United States Department of Transportation and may not exceed an overall length of more than seventy-five feet; or
      2. A combination of vehicles coupled together, one of which is a travel trailer or folding camping trailer having an overall length, exclusive of front and rear bumpers, not exceeding sixty-five feet.
   4. A combination of two vehicles coupled together, one of which is a motor home, or a combination of vehicles coupled together, one of which is a travel trailer or folding camping trailer, may not exceed an overall length, exclusive of front and rear bumpers of sixty-five feet.
   5. Notwithstanding the provisions of Parts C,1, C,2, C,3 and C,4 of this section, the Commissioner of Highways may designate, upon his or her own motion or upon the petition of an interested party, a combination vehicle length not to exceed seventy feet.
   6. The length limitations for truck tractor-semitrailer combinations and truck tractor-semitrailer-trailer combinations operating on the national system of interstate and defense highways and those classes of qualifying federal-aid primary system highways so designated by the United States Secretary of Transportation and those highways providing reasonable access to and from terminals, facilities for food, fuel, repairs and rest and points of loading and unloading for household goods carriers from such highways and further, as to other highways so designated by the West Virginia Commissioner of Highways, shall be as follows: the maximum length of a semitrailer unit operating in a truck tractor-semitrailer combination shall not exceed forty-eight feet in length except where semitrailers have an axle spacing of not more than thirty-seven feet between the rear axle of the truck tractor and the front axle of the semitrailer, such semitrailer shall be allowed to be not more than fifty-three feet in length and the maximum length of any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination may not exceed twenty-eight feet in length and in no event shall any combinations exceed three units, including the truck tractor: provided, that nothing herein contained shall impose an overall length limitation as to commercial motor vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations. (W. Va. Code 17C-17-4)
   7. The total outside width, exclusive of safety equipment authorized by the United States Department of Transportation, of any vehicle or the load thereon may not exceed ninety-six inches, except as otherwise provided in W. Va. Code Art. 17C-17: provided, that any vehicle with a total outside width of 102 inches, exclusive of safety equipment authorized by the United States Department of Transportation, may be operated on any street or highway designated by the United States Department of Transportation or the Commissioner of the Department of Highways or on any street or highway having a minimum lane width of ten feet.
   8. Motor homes, travel trailers, truck campers, and motor buses with a total outside width of 102 inches, excluding safety equipment authorized by the United States Department of Transportation may operate on any street or highway. (W. Va. Code 17C-17-2)
4. Loads Dropping Or Leaking
   1. No vehicle or combination of vehicles shall be operated on any street or highway unless such vehicle or combination of vehicles is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
   2. No person shall operate on any street or highway any vehicle or combination of vehicles with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the street or highway. (W. Va. Code 17C-17-6)
5. Towing Requirements
   1. When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby and such drawbar or other connection shall not exceed fifteen feet from one vehicle to the other except the connection between any two vehicles transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered.
   2. When one vehicle is towing another and the connection consists of a chain, rope or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square. (W. Va. Code 17C-17-7)
6. Penalty. Editor's Note - See Section 303.99 for general Traffic Code penalty.
   

Cross References - See sectional histories for similar State law; Authority to designate weight limits on local streets - see W. Va. Code 17C-2-8(a)(7); Authority to permit oversized buses - see W. Va. Code 17C-17-2(b); Red light or flag on extended load - see TRAF. OHMC 10.06.090 Part G; Transporting explosives - see TRAF. OHMC 10.06.090 Part AA.

1. Unattended Motor Vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the street or highway. (W. Va. Code 17C-14-1)
2. Backing A Vehicle. The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic. (W. Va. Code 17C-14-2)
3. Drivers' View And Control To Be Unobstructed By Load Or Persons
   1. No person shall drive a vehicle when it is so loaded as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
   2. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle. (W. Va. Code 17C-14-4)
4. Passengers In Seat With Operator. No more than three persons including the operator shall ride or be permitted by such operator to ride in the seat with the operator of any motor vehicle while such motor vehicle is being operated on the streets or highways of this Municipality: provided, however, that the limitation of this Part shall not apply to a truck cab or truck crew compartment properly designed for the occupancy of four persons including the operator, and so designated on the registration card by the Division of Motor Vehicles. (W. Va. Code 17C-14-5)
5. Passengers On Running Board. No passenger shall ride nor shall the operator permit any passenger to ride on the running boards of any motor vehicle while such vehicle is being operated on the streets or highways of this Municipality. (W. Va. Code 17C-14-6)
6. Following Unauthorized Emergency Vehicles. The driver of any vehicle other than one on official business may not follow any authorized emergency vehicle traveling in response to a fire alarm or other emergency closer than 500 feet or drive into or park such vehicle within the block where such authorized emergency vehicle has stopped in answer to a fire alarm or other emergency. (W. Va. Code 17C-14-9)
7. Approaching Authorized Emergency Vehicles. The driver of any vehicle approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, shall:
   1. Proceed with due caution, yield the right-of-way by making a lane change not adjacent to that of the authorized emergency vehicle, if possible with regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle and reduce speed to a safe level for road conditions; or
   2. Proceed with due caution, reduce the speed of the vehicle, maintaining a safe speed not to exceed fifteen miles per hour on any nondivided highway or street and twenty-five miles per hour on any divided highway depending on road conditions, if changing lanes would be impossible or unsafe. (W. Va. Code 17C-14-9a)
8. Driving Over Fire Hose. No vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire, without the consent of the Fire Department official in command. (W. Va. Code 17C-14-10)
9. Funeral Processions
   1. Definitions.
      1. “Funeral director” and “funeral establishment” have the same meaning as set forth in W. Va. Code 30-6-4.
      2. “Funeral procession” means two or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, cemetery, or other location at which the funeral service or final disposition is to be held, including a funeral lead vehicle or a funeral escort vehicle.
      3. “Funeral lead vehicle” means any authorized law enforcement or nonlaw-enforcement motor vehicle or a funeral escort vehicle being used to lead and facilitate the movement of a funeral procession. A funeral hearse may serve as a funeral lead vehicle.
      4. “Funeral escort” means a person or entity that provides escort services for funeral processions, including law-enforcement personnel and agencies.
      5. “Funeral escort vehicle” means any motor vehicle that escorts a funeral procession.
   2. Funeral Procession Right-Of-Way.
      1. Regardless of any traffic control device or right-of-way provisions prescribed by state or local ordinance, pedestrians and operators of all vehicles, except as stated in Part I,2,c of this section, shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle.
      2. When the funeral lead vehicle lawfully enters an intersection, either by reason of a traffic control device or at the direction of law-enforcement personnel, the remaining vehicles in the funeral procession may follow through the intersection regardless of any traffic control devices or right-of-way provisions prescribed by state or local law.
      3. Funeral processions have the right-of-way at intersections regardless of traffic control devices subject to the following conditions and exceptions:
         1. Operators of vehicles in a funeral procession shall yield the right-of- way to an approaching emergency vehicle giving an audible or visible signal;
         2. Operators of vehicles in a funeral procession shall yield the right-of- way when directed to do so by a police officer; and
         3. Operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession.
   3. Driving in Procession.
      1. All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe.
      2. Any ordinance, law or rule stating that motor vehicles shall be operated to allow sufficient space enabling any other vehicle to enter and occupy such space without danger is not applicable to vehicles in a funeral procession.
   4. Liability. Liability for any death, personal injury or property damage suffered on or after the first day of July, one thousand nine hundred ninety-nine, by any person in a funeral procession may not be imposed upon a funeral director or funeral establishment or their employees or agents unless the death, personal injury or property damage is proximately caused by the negligent or intentional act of a funeral director or funeral establishment or their employees or agents.
   5. Equipment. All nonlaw-enforcement funeral escort vehicles and funeral lead vehicles may be equipped with at least one lighted circulation flashing lamp exhibiting an amber or purple light or lens. Flashing amber or purple lights may be used when such vehicles are used in a funeral procession. (W. Va. Code Art. 17C-23)
10. Opening Door Of Vehicle On Traffic Side. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.
11. Boarding Or Alighting From Vehicle. No person shall board or alight from any vehicle while such vehicle is in motion.
12. Unlawful Riding. No person shall ride on any vehicle upon any portion thereof not designated or intended for the use of passengers when the vehicle is in motion. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise.
13. Squealing Tires, Cracking Exhaust Noises. No person shall unnecessarily race the motor of any vehicle and no person shall operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the roadway, commonly called "peeling".
14. Taking, Injuring Or Tampering With Vehicle
    1. No person shall drive a vehicle, not his or her own, without consent of the owner thereof, and with intent temporarily to deprive such owner of his or her possession of such vehicle, but without intent to steal the vehicle. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or driving, shall also be guilty of a violation of this Part. (W. Va. Code 17A-8-4)
    2. No person either individually or in association with one or more persons shall willfully injure or tamper with any vehicle or break or remove any part or parts of or from a vehicle without the consent of the owner. No person with intent to commit any malicious mischief, injury or other crime shall climb into or upon a vehicle whether it is in motion or at rest or with like intent attempt to manipulate any of the levers, starting mechanism, brakes or other mechanism or device of a vehicle while the same is at rest and unattended or with like intent set in motion any vehicle while the same is at rest and unattended. (W. Va. Code 17A-8-6)
15. Driving Upon Sidewalk, Street Lawn Or Curb
    1. No person shall drive any vehicle, other than a bicycle, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
    2. No person shall drive a vehicle on a street lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.
16. Shortcutting; Avoiding Traffic Control Devices
    1. No person shall operate a motor vehicle across public or private property marked with signs "No Through Traffic" or words of similar import for the purpose of passing from one roadway to another.
    2. No person shall operate a motor vehicle across public or private property for the purpose of avoiding compliance with a traffic control device.
    3. It shall be prima-facie evidence of a violation of this Part for the operator of a motor vehicle to cross public or private property as provided herein without using the service of such property, stopping the engine or both.
17. Coasting Prohibited. The operator of any motor vehicle when traveling on a down grade on any street, alley or highway shall not coast with the gears of such vehicle in neutral.
18. Driving Through Safety Zone. No operator of a vehicle shall drive the same over or through a safety zone.
19. Driving Upon Street Posted As Closed For Repair. No person shall drive upon, along or across a street or highway, or any part thereof, which has been closed in the process of its construction, reconstruction or repair, and posted with appropriate signs by the authority having jurisdiction to close such street or highway.
20. Obstruction Of Traffic. No person shall operate, stop, stand or park any motor vehicle on any street or alley within the Municipality so as to obstruct or hinder the free flow of motor vehicle traffic except in compliance with a lawful order of a police officer or in compliance with a traffic control sign, signal or marking.
21. Vehicle Security. Every owner or registrant of a motor vehicle shall maintain security upon such vehicle as required by W. Va. Code Art. 17D-2A, and no person shall knowingly drive or operate on any street within the Municipality any motor vehicle upon which security is required by such Article unless the security is provided, and violation of any of the provisions of W. Va. Code Art. 17D-2A including failure to have a certificate of insurance, if required, shall constitute a violation under this Part.
22. Farm Animals Prohibited On White Oak Rail Trail. Horses, hogs, cows, goats, fowl or other farm animals are prohibited upon the White Oak Rail Trail unless prior approval is granted by the City for ceremonies, festivals or other special events of limited duration. (Ord. 10-12-09)
23. Penalty. Editor's Note - See Section 303.99 for general Traffic Code penalty.
    

Cross References - See sectional histories for similar State law; Obedience to traffic control devices - see TRAF. OHMC 10.04.020 Part A.

1. Registration, Certificate Of Title Required. No person shall drive or move and no owner shall knowingly permit to be driven or moved upon any street or highway any vehicle of a type required to be registered under W. Va. Code Chapter 17-A which is not registered or for which a certificate of title has not been issued or applied for or for which the appropriate fee has not been paid when and as required, except as otherwise permitted by the provisions therein: provided, that in the event of the sale of a vehicle by a person other than a registered dealer, the person purchasing the same may, for a period of not more than ten days, operate such vehicle under the registration of its previous owner and display the registration thereof: provided further that he shall have and display on the demand of any proper officer the consent in writing of such previous owner so to use such registration. (W. Va. Code 17A-3-1)
2. Registration Card. Every owner upon receipt of a registration card shall write his signature thereon with pen and ink in the space provided. Every such registration card shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving or in control of such vehicle who shall display the same upon demand of a police officer or any officer or employee of the Department of Motor Vehicles. (W. Va. Code 17A-3-13)
3. Display Of Registration Plates
   1. Registration plates issued for vehicles required to be registered shall be attached to the rear thereof except that on truck tractors and road tractors designed and constructed to pull trailers or semi-trailers, the registration plate shall be mounted to the front.
   2. Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
   3. Notwithstanding the provisions of Part C,2 of this section, an owner of a motor vehicle with a Class G registration as defined in W. Va. Code 17A-10-1 may choose to:
      1. Display a standard, Class G registration plate in a horizontal position; or
      2. Display a specially designed Class G registration plate in a vertical position. (W. Va. Code 17A-3-15)
4. Operation Of Vehicle Without Evidence Of Registrational Use Of Temporary Facsimile. No person shall operate or park, nor shall an owner knowingly permit to be operated or parked upon any street or highway any vehicle required to be registered unless there is attached thereto and displayed thereon or is in the possession of the operator when and as required by this Traffic Code, a valid registration card and registration plate or plates issued therefor by the Department of Motor Vehicles for the current registration year except as otherwise expressly permitted in W. Va. Code Chapter 17-A. In the event that the registration plate or plates originally issued are lost, destroyed or stolen, a temporary facsimile of the plate or plates, showing the number of the same, may be attached to the vehicle by the owner for a period of not more than fifteen days, or until a new plate or plates are issued by the Department whichever is earlier: provided, that no such facsimile shall be used and no such vehicle shall be driven upon the streets or highways of this Municipality until the owner has notified in writing the State Police of the loss of such registration plate or plates. (W. Va. Code 17A-9-2)
5. Improper Use Of Registration Card, Plate Or Permit. No person shall lend to another any certificate of title, registration card, registration plate, special plate or permit issued to him if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display upon a vehicle any registration card, registration plates or permit not issued for such vehicle or not otherwise lawfully used thereon under this Traffic Code. (W. Va. Code 17A-9-3)
6. Driver Or Motorcycle License Required
   1. No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a street or highway in this Municipality or upon any subdivision street, used by the public generally unless the person has a valid driver's license issued under the provisions of the West Virginia Code for the type or class of vehicle being driven. Any person licensed to operate a motor vehicle as provided in the West Virginia Code may exercise the privilege thereby granted as provided in the West Virginia Code and, except as otherwise provided by law, shall not be required to obtain any other license to exercise such privilege by any county, municipality or local board or body having authority to adopt local police regulations.
   2. No person, except those hereinafter expressly exempted, shall drive any motorcycle upon a street or highway in this Municipality or upon any subdivision street, used by the public generally unless the person has a valid motorcycle license, a valid license which has been endorsed under W. Va. Code 17B-2-7b for motorcycle operation or has a valid motorcycle instruction permit. (W. Va. Code 17B-2-1)
7. Persons Exempt From License. The following persons are exempt from the license required under Part F:
   1. Any person while operating a motor vehicle in the armed services of the United States while in the performance of his official duties;
   2. A nonresident who is at least sixteen years of age and who has in his or her immediate possession a valid driver’s license issued to the person in the person’s home state or country unless the Commissioner determines the person’s home state or country does not extend the same privileges to a resident of this State, may operate a motor vehicle in this State only as a noncommercial driver for a period not to exceed ninety days in any one calendar year;
   3. A nonresident who is at least sixteen years of age, who has in the person’s immediate possession a valid driver’s license issued to the person in the person’s home state or country and who is employed in this State, or owns, maintains or operates a place or places of business in this State, or engages in any trade, profession or occupation in this State, in addition to the driving privileges extended under Part G,2 hereof, unless the Commissioner determines the person’s home state or country does not extend the same privileges to a resident of this State, may operate a motor vehicle in this State only as a noncommercial driver in traveling to and from the person’s place or places of employment, place or places of business or place or places at which the person engages in the trade, profession or occupation and in the discharge of the duties of the person’s employment, business, trade, profession or occupation if the duties are such that, if performed by a resident of the State of West Virginia over the age of eighteen years of age, the resident would not be required under the provisions of W. Va. Code Chapter 17 to obtain a Class A, B, C or D driver’s license. However, this Part shall not exempt any person who is required to obtain a West Virginia driver’s license in accordance with the provisions of W. Va. Code 17B-2-1a;
   4. A nonresident who is at least eighteen years of age and who has in his or her immediate possession a valid commercial driver’s license issued to the person in his or her home state or country and which meets the requirements of the federal commercial motor vehicle act of 1986, Title XI of public law 99-570 and unless the Commissioner determines the person’s home state or country does not extend the same privilege to a resident of this State may operate a motor vehicle in this State either as a commercial driver subject to the age limits applicable to commercial driver in this State, or as a noncommercial driver subject to the limitations imposed on nonresident drivers in Parts G,2 and G,3 hereof;
   5. Any person who is a student, properly enrolled and registered in an accredited school, college or university in this State, who is at least sixteen years of age and who has in his or her immediate possession a valid driver’s license issued to the person in the person’s home state, notwithstanding the limitations of Parts G,2 and G,3 hereof may operate motor vehicle in this State only as noncommercial driver: provided, that the state of which the person is a resident shall extend the same privileges to residents of this State. This exemption shall be canceled immediately when the student is graduated from school, college or university or is expelled or ceases to be a student. (W. Va. Code 17B-2-2)
8. Display Of License. Every licensee shall have his or her driver's license in such person's immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a magistrate, municipal judge, circuit court judge, peace officer or an employee of the Division of Motor Vehicles. However, no person charged with violating this Part shall be convicted if such person produces in court or the office of the arresting officer a driver's license theretofore issued to such person and valid at the time of such person's arrest. (W. Va. Code 17B-2-9)
9. Certain Acts Prohibited. No person shall commit any one of the following acts:
   1. Display or cause or permit to be displayed or have in his possession any fictitious or fraudulently altered driver's or commercial driver's license or nonoperator's identification;
   2. Lend his driver's or commercial driver's license or nonoperator's identification to any other person or knowingly permit the use thereof by another; Display or represent as one's own any driver's or commercial driver's license or nonoperator's identification not issued to him;
   3. Use a false or fictitious name in any application for a driver's or commercial driver's license or nonoperator's identification or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application;
   4. Permit any unlawful use of a driver's or commercial driver's license or nonoperator's identification issued to him; or
   5. Do any act forbidden or fail to perform any act required by this Traffic Code or W. Va. Code Chapter 17. (W. Va. Code 17B-4-1)
10. Driving Under Suspension Or Revocation. No person shall drive a motor vehicle on any public street or highway of this Municipality at a time when his privilege so to do has been lawfully suspended or revoked. (W. Va. Code 17B-4-3)
11. Owner Or Operator Allowing Another To Drive. No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any street or highway by any person who is not authorized hereunder or in violation of any of the provisions of this Traffic Code. (W. Va. Code 17B-4-4)
12. Penalty
    1. General Section Penalty. Whoever violates any provision of this section for which no other penalty is provided shall be fined not more than five hundred dollars ($500.00); for a second or subsequent violation of the same provision such person shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.
    2. Driving Under Suspension or Revocation
       1. Except as otherwise provided in W. Va. Code 17B-4-3(b) or (d), or Parts L,2,b or L,2,c hereof, whoever drives a motor vehicle on any street or highway of this Municipality at a time when his or her privilege so to do has been lawfully suspended or revoked shall, for the first offense, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the second offense, such person, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the third or any subsequent offense, such person shall be imprisoned for a period of thirty days and, in addition to such mandatory jail sentence, shall be fined not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00).
       2. A record of the conviction of any person under this Part upon a charge of driving a vehicle while the license of such person was suspended lawfully shall be sent to the State Department of Motor Vehicles.
       3. Any person who drives a motor vehicle on any public highway at a time when his or her privilege to do so has been lawfully revoked for driving under the influence of alcohol, controlled substances or other drugs, or any combination thereof, or for driving while having an alcoholic concentration in his or her blood of eight hundredths of one percent or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, for the first offense shall be imprisoned thirty days and in addition to the mandatory jail sentence, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the second offense, shall be imprisoned thirty days and in addition to the mandatory jail sentence, shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000); for the third or any subsequent offense, the person is guilty of a felony and shall be prosecuted under appropriate State law.
       4. Any person who drives a motor vehicle on any public highway at a time when his or her privilege to do so has been lawfully suspended for driving while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, shall be imprisoned for twenty-four hours or shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or both; for the second offense, the person shall be confined in jail for a period of thirty days, and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the third or any subsequent offense, the person is guilty of a felony and shall be prosecuted under appropriate State law.
       5. An order for home detention by the court pursuant to the provisions of W. Va. Code Art. 62-11B may be used as an alternative sentence to any period of incarceration required by this Part.
    3. Additional Penalties. Whoever violates Parts B, C, E, I, or K shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.