ATV Riding Laws – West Virginia

All-terrain vehicles must be titled in West Virginia, as in many other states. They are also forbidden to ride on interstate highways, unless used by public safety personnel during emergencies, and roads/highways with more than two lanes or that have a center line. Such roads can be crossed at a 90-degree angle, where there is no obstruction, and the ATV is stopped before being traversed across the road and the operator yields to oncoming traffic. Headlights and taillights must be on, and a passenger under 18 can accompany the operator only if the manufacturer recommends so. Spark arrestors and mufflers are required as well on non-divided roads.

To legally ride, anyone under 18 must have a rider safety awareness course under their belt. They must also always wear a helmet. Passengers are permitted only on vehicles designed to accommodate them or the passenger and operator are at least 18. Such operators must be licensed.

ATV Use on Paved Roads

Crossing roads larger than the law permits is allowable only to get from one trail to another. Riders are limited to speeds of less than 25 miles per hour, but the advisable speed is up to 10 miles per hour. Even all-terrain vehicles in off-road areas have caused concern. A July 2017 report in the Herald-Dispatch covered the problems ATV riders were causing at East Lynn Lake, where hunting, fishing, and hiking areas have become popular for off-roading. The area is not open to ATVs.

To respond to the problem, the U.S. Army Corps of Engineers has requested that designated trails be built nearby by Hatfield-McCoy Trails. The goal is to protect hunting grounds, bicyclists, horseback riders, and 25,000 acres of wildlife area.

West Virginia ATV Laws and Local Governments

While the state police regulate all-terrain vehicles, local municipalities can regulate their operation or prohibition on roadways as they see fit. A homeowner association can file a petition to county commissions for restrictions of use on specified roads, which can enact an ordinance controlling ATV use on any road in the respective county.

Concerns with Accident Deaths in the State

On the Consumer Product Safety Commission’s list of ATV accident deaths from 1982 through 2015, West Virginia ranked third. It reported 725 fatalities during that year and 84 from 2013 to 2015, which was more than Texas during that three-year ongoing reporting period. According to West Virginia University, there were an average of 23 deaths annually from 2000 through 2003, with paved roads, no helmets, and children under 16 being the biggest risk factors. Over 95 percent of individuals involved in crashes didn’t have a helmet and nearly one-quarter of all fatalities involved people 16 and younger. Alcohol and drug use during ATV operation has been a concern as well.