What West Virginia law says about riding an electric dirt bike, question by question. 6 of 6 answered from official text. Where the state has no rule on a question, the page says "No statewide rule found" and what the law does cover.
Published
Reviewed . Sources: W. Va. Code § 17F-1-9(a)(3)-(4), (b); W. Va. Code § 20-14-8(a); W. Va. Code §§ 17F-1-1(a)(5), 17F-1-5, 17F-1-9(b), 20-14-8(c); W. Va. Code §§ 17F-1-2(c)-(d), 17F-1-1(a)(4), 17F-1-9(b), 20-14-8(g), (m)(1), (m)(3); W. Va. Code §§ 17F-1-1(a)(1)-(2), (b), (d), 17F-1-3(1), 17F-1-9(b), 17A-3-2(a); W. Va. Code §§ 17C-1-70, 17C-11-8(c).
The answers
Is an electric dirt bike an off-highway vehicle?
West Virginia's all-terrain vehicle chapter (17F) defines a motorcycle as any motor vehicle manufactured with no more than two wheels and having a seat or a saddle for the use of the operator, and an off-highway vehicle as a vehicle intended for off-highway use that includes all-terrain vehicles, utility-terrain vehicles, motorcycles and off-road vehicles. As used in Article 1 of that chapter, "all-terrain vehicle" and "vehicle" mean all-terrain vehicles, utility-terrain vehicles, motorcycles and off-highway vehicles.
No statewide off-road registration, decal or permit rule found. The cited section covers only the Hatfield-McCoy Recreation Area, where a person may not enter or remain without a valid, nontransferable user permit issued by the authority and properly displayed, except properly identified landowners or leaseholders on their own land for purposes related to the ownership or lease and not for recreation.
That is not the same as no rule: land managers, local governments and tracks set their own, so ask whoever manages the ground before you ride.
Statewide: the rule is written for an "all-terrain vehicle", a term that § 17F-1-9(b) makes mean all-terrain vehicles, utility-terrain vehicles, motorcycles and off-highway vehicles throughout the article. No such vehicle may be operated in the state unless riders under the age of eighteen are wearing size appropriate protective helmets that meet ANSI standard Z 90.1, U.S. Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell safety standards; this is one of the provisions the article keeps in force on lands owned or leased by the vehicle owner and on private lands of others with the owner's permission. Hatfield-McCoy Recreation Area only: the operator and all passengers of a motor vehicle must wear size-appropriate protective helmets at all times, meeting the same three standards.
Statewide: the rules are written for an "all-terrain vehicle", a term that § 17F-1-9(b) makes mean all-terrain vehicles, utility-terrain vehicles, motorcycles and off-highway vehicles throughout the article. No person under the age of eighteen may operate one without a certificate of completion of a vehicle rider safety awareness course offered or approved by the Commissioner of Motor Vehicles; that does not apply on a private or public recreational trail or area operated by a person or entity which has in place a safety program. No such vehicle may be operated with a passenger under eighteen unless the operator has at a minimum a level two intermediate driver's license or its equivalent or is eighteen or older. Hatfield-McCoy Recreation Area only: every person under 16 must at all times be under the immediate supervision of, and within sight of, a person at least 18 who is a parent or guardian or has a parent's or guardian's express permission; no child under six may be allowed on any trail; and all persons operating or riding an ATV, UTV or motorcycle must follow the manufacturer's recommendations on age and size limits for operators and passengers.
The rules are written for an "all-terrain vehicle", a term that § 17F-1-9(b) makes mean all-terrain vehicles, utility-terrain vehicles, motorcycles and off-highway vehicles throughout the article. No such vehicle may be operated on any interstate highway except by public safety personnel responding to emergencies, or on any road or highway with a center line or more than two lanes except to cross it at an angle of approximately ninety degrees where no obstruction prevents a quick and safe crossing, after a complete stop, yielding to oncoming traffic, with headlight and taillight illuminated if so equipped. On such a road other than an interstate, operation on the shoulder, or as far right on the pavement as possible, is limited to not more than ten miles between a residence or lodging and off-road trails, fields and areas of operation, at twenty-five miles per hour or less, with headlights and taillights illuminated from sunset to sunrise. A municipality, county or other political subdivision may authorize operation on specified centerline roads, other than interstates, for parades, exhibitions and other special events, in emergencies or for specified purposes; a municipality may regulate or prohibit operation on its streets by ordinance. Every motor vehicle driven or moved upon a highway is subject to the registration and certificate of title provisions, with listed exceptions.
An electric bicycle is a two or three wheeled vehicle with fully operable pedals and an electric motor of fewer than 750 watts. Class 1 and Class 3 motors provide assistance only when the rider is pedaling and cease at 20 mph and 28 mph respectively; a Class 2 motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the e-bike reaches 20 mph. If a motor is modified so that one of these limits is exceeded, the vehicle is no longer an electric bicycle; that subsection does not apply to a modified electric bicycle operated solely and exclusively on a person's own property.
This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.
