West Virginia Moped Laws
"Moped" means every motorcycle or motor-driven cycle unless otherwise specified in this chapter, which is equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be fifty cubic centimeters regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed thirty miles per hour on a level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged.
Certification labels on mopeds.
Every moped sold in this state 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.
Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee.
(a) No person shall operate or be a passenger on any
motorcycle or motor-driven cycle unless the person is wearing
securely fastened on his or her head by either a neck or chin strap
a protective helmet designed to deflect blows, resist penetration
and spread impact forces. Any helmet worn by an operator or
passenger shall meet the current performance specifications
established by the American National Standards Institute Standard,
Z 90.1, the United States Department of Transportation Federal
Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for
Protective Headgear for Vehicle Users.
(b) No person shall operate or be a passenger on any
motorcycle or motor-driven cycle unless the person is wearing
safety, shatter-resistant eyeglasses (excluding contact lenses), or
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 specificationsestablished by Department of Transportation Federal Motor Vehicle
Safety Standard No. 205 and American National Standards Institute,
Safety Glazing Materials for Glazing Motor Vehicles Operated on
Land Highways, Standard Z 26.1.
(c) 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.
(d) 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 the
vehicle unless the vehicle is designed to carry more than one
person, in which event a passenger may ride behind the operator
upon the permanent 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 side saddle on a
seat. An operator may carry as many passengers as there are seats
and footrests to accommodate those passengers. Additional
passengers may be carried in a factory produced sidecar provided
that there is one passenger per seat. Passengers riding in asidecar shall be restrained by safety belts.
(e) Every motorcycle, motor-driven cycle and moped shall be
equipped with a rearview mirror affixed to the handlebars or
fairings and adjusted so that the operator shall have a clear view
of the road and condition of traffic behind him for a distance of
at least two hundred feet.
(f) There is hereby created a six member motorcycle safety and
education committee consisting of: The superintendent of the state
police or a designee; the commissioner of motor vehicles or a
designee; the director of the West Virginia safety council or a
designee; a licensed motorcycle operator; an owner of a motorcycle
dealership; and a supplier of aftermarket nonfranchised motorcycle
supplies. The nongovernmental representatives shall be appointed
by the governor with the advice and consent of the Senate, shall
serve without compensation, and the terms shall be for three years,
except that as to the members first appointed, one shall be
appointed for a term of one year, one shall be appointed for a term
of two years and one shall be appointed for a term of three years.
Members may be reappointed to the committee.
The committee shall continue to exist pursuant to the
provisions of article ten, chapter four of this code until the
first day of July, one thousand nine hundred ninety-nine, to allow
for the completion of a preliminary performance review by the jointcommittee on government operations.
The committee is hereby authorized to recommend to the
superintendent of public safety types and makes of protective
helmets, eye protection devices and equipment offered for sale,
purchased or used by any person. The committee is authorized to
make recommendations to the commissioner of motor vehicles
regarding the use of the moneys in the motorcycle safety fund
created under section seven, article one-d, chapter seventeen-b of
this code.
More West Virginia info (see chapter 17)
