When youve been in a motorcycle accident, you could be suffering from serious injuries and other damages that werent your fault. Yet because mopeds are smaller and less powerful than motorcycles, we may not realize that they can be just as dangerous. Motorcycle handlebars or grips cannot be more than 15 inches higher than the uppermost part of the bikes seat. First, you must take a knowledge test at your local DMV office in order to obtain your learner's permit. Welcome to the Mountain State! (c) No person may operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than fifteen inches higher than the uppermost part of the operators seat when the seat is not depressed in any manner. To learn more about West Virginias moped laws or for a free consultation with a West Virginia personal injury lawyer, contact Johnstone & Gabhart today. Event Description. website builder. Over 94% of Americans qualify for lower rates. If you choose a motorcycle-only license, it will restrict you to driving motorcycles only. Noise restrictions and exhaust and muffler requirements. It goes without saying that adhering to motorcycle laws helps protect cyclists in the event of an accident. different documents that will allow you to drive a motorcycle: A motorcycle A bicyclist can receive a DUI for biking under the influence, with the same penalties as driving. While wearing a helmet is an important part of riding a motorcycle, there are some other laws in West Virginia code that are important to know before getting on a motorbike. All helmets must meet the safety requirements of at least one of these three safety authorities: In general, these standards mandate that the helmet sits atop the head, not falling backwards, forward, or to the side, and protects the wearer from most impacts. Riding a motorcycle is a freeing experiencenothing but the bike is separating you from the road, and the air is whipping all around your body. If carrying a passenger, the motorcycle must have a passenger seat and passenger footrests designed for this purpose. In West Virginia, the State Code outlines where all-terrain vehicles (ATVs) can operate. A rider can also take a Rider Course through a Motorcycle Safety Program to waive the skills test. The country roads of West Virginia are enchanting enough to have their own songwhat better way to explore them than on a motorcycle? Motorcyclists also have special laws that only apply to them in West Virginia. be a lot of fun to drive. In West Virginia, all motorcyclists are required to wear a helmet, by law, but of these deaths, 17 of the victims weren't wearing a helmet. West Virginia Code Section 17C-7-9, however, states that a vehicle shall be driven as nearly as practicable entirely within a single lane. Looking for Motorcycle License in another state? Of course, the big drawback to these types of motor an engine of more than 50 CC. If you have a motorcycle, it must be registered A lawsuit may help you recover compensation for your damages, including lost wages, property damage, and medical bills. NOT allowed to: Your permit will be If you decide later that you want a regular driver's license, you will have to pass only the driver road skills test. designed for it, such as a passenger compartment or another permanently There is no passenger age restriction in West Virginia. If you pass, the F endorsement will be added to your drivers license. license that is over the age of 16 is allowed to operate a moped in If you happen to get involved in an accident that wasnt your fault, contact the personal injury law firm Johnstone and Gabhart, LLP. Since motorcycles are smaller and can be hard to see when entering a car or truck drivers blind spot, especially at night, it is essential to have the right illumination so you can avoid being in an accident. There is another fault law in West Virginia known as the comparative fault law. Your lawyer can use their knowledge of the law to argue that it was the other vehicles speeding that caused the car accident, not your brief moment of standing. No person may ride side saddle on a seat. If you want to operate a motorcycle on the public roads, you must obtain either a motorcycle endorsement (F) on your driver's license or a Class F motorcycle only driver's license. Brain injuries are a common outcome of a crash involving a moped, The head lamps must be aimed so the highest intensity of the light is not aimed higher than the center of the lamp so as not to blind other drivers on the road when they are at a distance of 25 feet in front of the motorcycle. State law requires a motorcycle to have a windshield or windscreen that is shatter resistant, for example. Even . The Division of Motor Vehicles also offers a Basic or Experienced Rider Course through the Motorcycle Safety Program. It is your responsibility, however, to prove that the other driver is at fault for your accident with clear and convincing evidence. Search Both drivers and passengers must follow this rule no matter their level of experience. Washington. Please call Colombo Law today at (304) 599-4229 for a FREE case review. All West Virginia motorcycle riders and passengers are required to properly wear a U.S. Department of Transportation (DOT) certified helmet. Published by Sonny Johnstone in Injuries on Monday, November 11, 2019. attached seat; It must have a rear-view mirror attached in such To enroll in a Basic or Experienced Rider Course, please. order to drive on public roads, including: If you violate one or more of these laws, it could play a factor (2) A Class 3 electric bicycle may not be operated on a bicycle path, multiuse trail, or single-use trail unless it is within a highway or roadway: Provided, That the provisions of this subdivision are not applicable to a bicycle path, multiuse trail, or single-use trail if the municipality, local authority, or governing body of a state agency that has jurisdiction over the bicycle path, multiuse trail, or single-use trail expressly permits that operation. He has been practicing law in the states of West Virginia, Ohio, and Kentucky since graduating from the University of Kentucky College of Law in 1988. We will work tirelessly to ensure that you get the compensation you deserve for your medical bills, repair costs, lost wages, and more. West Virginia Motorcycle Laws. valid for 90 days, but you'll need to have held it for at least 7 days before you can test for your license. (a) The operator of an electric bicycle has all of the rights and privileges and is subject to all of the duties applicable to the driver of a vehicle subject to this chapter, except as otherwise provided by this section and except as to those provisions of this chapter which by their nature can have no application. When you buy a motorcycle from a private party, you'll need to register the bike yourself by presenting the following at your local WV DMV: If the motorcycle does not have a current inspection sticker, you will have 10 days from the date it is registered to get a safety inspection. If you are under 18, you must provide proof of successful completion of an approved . After you have had your learners permit for seven (7) days, you can make an appointment to return to the DMV to take an on-cycle skills test which must be successfully completed before an endorsement can be added to your license or before a motorcycle only license can be issued. Jump over to our West Virginia registration renewals guide for more. Charles M. Johnstone, II (Sonny) is the managing member of the firm. Contact us today to learn more. Additionally, there are other requirements to follow in A motorist with a standard state-issued drivers license in West Virginia cannot operate a motorcycle. Provide the following to your local WV DMV office: Remember, titling is usually done at the same time as registration. Be it enacted by the Legislature of West Virginia: 1 That 17C-15-44 of the Code of West Virginia, 1931, as amended, be amended and 2 reenacted to read as follows: ARTICLE 15. Passengers riding in a sidecar shall be restrained by safety belts. whether it involves a collision with a car or motorcycle. motor-driven cycles that: If your bicycle or moped exceeds the above specifications, then injury and protect you from the possibility of a fatal crash. In recent years, mopeds also known as motorized bikes have However, West Virginia courts limit the recovery of non-economic damages to $250,000 and $500,000 for catastrophic injury damages. If illegal lane-splitting causes a traffic accident, the motorcyclist will be held responsible. The current fee of the registration sticker is $12.50, and it is available in dealerships, local shops, and online. Motorcycle Protective Gear If the motorcycle's inspection sticker is valid, you'll need to have it inspected once the current sticker expires. Start Now. It is illegal in West Virginia to bike with a blood alcohol content (BAC) level of 0.08% or higher if you are at least 21 years old and of 0.02% or higher if under the age of 21. Subscribe to our News and Updates to stay in the loop and on the road! It is usually between 17 and 20 years old, and it may or may not be applicable to both the passenger and operator. Almost every state sets motorcycle laws, and bikers venturing cross-country need to be aware of the laws in the states they cross. A motorcycle accident lawyer from DiPiero Simmons McGinley & Bastress, PLLC can help you recover the financial costs that another driver has caused you. State. The law fell through but was reintroduced in 2019 as Senate Bill 5254. The motorcycle can be equipped with a single beam or multiple beams. While you may be eager to mount up on your moped or scooter and see the road from a new perspective, you must first understand West Virginia law and meet all safety precautions and requirements are before attempting to operate a moped or other motorized vehicle on a public road. If you are dismissed from class for cause, you will not receive a refund. The information on this website is for general information purposes only. A helmet must be worn at all times while riding, (f) A Class 3 electric bicycle must be equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour. DOT sets the minimum standards for all helmets sold for the intended use of motorcycling on public streets. (b) No person may operate or be a passenger on any motorcycle or motor-driven cycle unless the person is wearing safety, shatter-resistant eyeglasses, excluding contact lenses, or eye goggles or face shield that complies with the performance specifications established by the American National Standards Institute for Head, Eye and Respiratory Protection, Z 2.1. 17C-11-8. To be in compliance, the helmet must be fastened to the wearers head with a neck or chin strap. According to the National Highway Transportation Safety While the numbers are significantly higher for Daytime headlight requirements. (3) This subsection may not be construed to limit the authority of the owner of a private way or the owner of private property to restrict or allow the operation of electric bicycles on the way or property. Motorcycle endorsemen t (added to your driver's license): $7.50 endorsement fee PLUS $1 fee for every remaining 1 year your driver's license is valid. Just as car owners must maintain certain levels of insurance, West Virginia requires motorcyclists to carry motorcycle liability insurance. all motorcycle laws and requirements. Uninsured and underinsured motorcyclist insurance is optional in West Virginia. All riders in West Virginia, including both operators and passengers, are required to wear helmets that meet the Department of Transportation requirements while riding a motorcycle. We can protect your rights and get you the compensation to pay for your injuries and any damages. crashes in the same year. office. Location. These laws can protect you in case you get into an accident, prevent you from getting other motorists injured, and keep you from getting pulled over by law enforcement. The fees and taxes will usually be included in the purchase price; for a breakdown of these costs, see our section below. Motorcyclists are also subject to If you cause an accident without proper insurance, you may have to pay for others damages out of pocket. Our law firm has compiled West Virginias laws for Lane splitting is an action where the motorcycle can drive between the two lanes of traffic. roadways were not built to accommodate The process for switching your out-of-state motorcycle license over to West Virginia is the same as transferring a regular driver's license. Congratulations! When getting on a motorcycle, the rider must wear the appropriate protective gear. West Virginia motorcycle helmet laws were enacted in 1971. Thus, all laws that apply to vehicles also apply to bicycles. 17C-15-44. They must drive in the same direction as the flow of traffic and obey all speed limits. No operator may carry any other person nor may any other person ride on the vehicle unless the vehicle is designed to carry more than one person, in which event a passenger may ride behind the operator upon the permanent operators seat if it is designed for two persons, or upon another seat firmly attached to the vehicle to the rear of the operators seat and equipped with footrests designed and located for use by the passenger or in a sidecar firmly attached to the vehicle. The motorcycle must be equipped with an extra seat as well as footrests for the passenger who must be seated behind the rider. Login | (262) 706-3278. Wearing helmets saves lives. Motorcycles must also have one or more headlamps and a tail lamp, as well as a red brake light. Light and Mirror Regulations The NHTSA reports that approximately 40% of moped fatalities Motorcycle owners need to be aware of West Virginia state laws concerning motorcycles, to not only avoid fines or other penalties for violating those laws but also to . So with that in mind, here is a state by state guide on motorcycle laws that you can use to ensure your safety and that of . According to state code, anybody riding a motorcycle or motor-driven cycle must wear a helmet that is securely fastened by a neck or chin strap. far less expensive to buy than a car or truck, are more fuel-efficient, and can West Virginia has some of the most comprehensive motorcycle helmet laws in the country. fatal moped accidents in 2017. West Virginia. endorsement will be added to your current WV driver's license, allowing you to ride your bike in addition to driving other vehicles. Can Fault Be Determined By Car Accident Damage? 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1. Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee. These laws make some equipment, such as a headlamp and tail/brake lights mandatory, and prohibit the use of other types of equipment, such as flashing red or blue lights. All riders and passengers on West Virginia motorcycles must wear a DOT-approved helmet. You may be required to pay the following fees and taxes when registering your motorcycle with the WV Division of Motor Vehicles. That's where your motorcycle permit comes in. your education and with the ultimate goal of reducing the number of moped Get Free quotes from the nation's biggest motorcycle insurance providers. (a) The operator of an electric bicycle has all of the rights and privileges and is subject to all of the duties applicable to the driver of a vehicle subject to this chapter, except as otherwise provided by this section and except as to those provisions of this chapter which by their nature can have no application. The helmet should be properly worn by the motorcyclist. Angotti & Straface Attorneys at Law is West Virginia's Top Motorcycle Accident Injury Law Firm. Stuart said Friday that West Virginia is one of only 19 states to require an annual inspection of any kind; five others do it every two years. Rock Spring Church. To be in compliance, the helmet must be fastened to the wearer's head with a neck or chin strap. Charles M. Johnstone, II (Sonny) is the managing member of the firm. Furthermore West Virginia specifically allows motorcycle underglow, as long as it's white or amber, and not flashing or rotating. (b) Except as otherwise provided in . Staff is n superb, clean , nice , cozy lobby. Lane splitting, when a motorcyclist drives between two lanes of traffic, is not legal in West Virginia or most of the other states in the US. A helmet must comply with the Federal Motor Vehicle Safety Standard 218 (FMVSS 218) and the National Highway Traffic Safety Administrations (NHTSA) final regulation for new motorcycle helmet labelling requirements in order to meet the DOT helmet standard.. West Virginia welcomes motorcyclists to come to the state and enjoy the many sights and activities. In West Virginia, all motorbike motorists and travelers should put on a helmet that is securely attached by either a neck or chin strap. 1999 - 2023 DMV.ORG. The helmet must be made to deflect blows and also stand up to infiltration and also spread influence pressures. Even if youre wearing a helmet, motorcycle accidents can be dangerous and cause serious damage to your body and bike. Motorcyclists are responsible for 14% of annual traffic-related fatalities in America, despite the fact that they represent just 3% of the total registered vehicles. Daytime lights can help optimize motorcycle visibility for other drivers on the road. Other possible injuries from a moped crash include broken bones, internal injuries, road rash or contusions, and even neck or back injuries. vehicles is that they offer far less protection than their larger Wearing a helmet In either case, the motorcyclist must pass a written exam and a road test. In West Virginia, head lamps are required to be on during all hours. Motorcycles have all the same rights and responsibilities as other motor vehicles in West Virginia. Students who successfully complete and pass the course will be issued a completion card to present to the DMV as a waiver of the motorcycle skills test. Fact: Approximately 60% of US states offer exemptions to motorcycle helmet laws that allow a rider to decline to wear a motorcycle helmet while operating or riding as a passenger on a motorcycle. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); T-bone accidents are some of the most devastating motor vehicle collisions. The legislation calls for helmets to satisfy present . West Virginia requires motorcyclists to obtain a license to travel legally on the states roadways. If the seller is out of state, his or her, The odometer disclosure can be written on the title by the seller. First, you must take a knowledge test at your local DMV office in order to obtain your learners permit. Compared to a regular motor vehicle, you are more exposed to the elements while on a motorcycle. The type of motorcycle you have. Clear Search. Published by Sonny Johnstone in Blog on Friday, February 16, 2018. An F endorsement is then placed on your operators license. 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