State of West Virginia

*** NOTICE ***
This page includes a brief summary of provincial/state laws regulating ATV / Off-highway vehicle use current to April 2012. It is not intended as an absolute reference as laws are subject to change without notice and many potential prohibited acts may be covered by other legislation or statutes. It is recommended that you consult with the latest version of state statutes or provincial legislation.
General prohibited acts that may not be covered by specific OHV legislation include trespassing on private property, unlawful use of OHV on public highways, reckless use of off-highway vehicles, operation of off-highway vehicles while under the influence of drugs or alcohol, damage to public or private property or damage to natural habitats or protected areas which are all unlawful in every province and state.

ATV's and other off-highway vehicles are regulated in the state of West Virginia under Chapter 17 of West Virginia statutes. These statutes cover use of off-highway vehicles on public and private lands.

For more information on West Virginia ATV/OHV regulations, please download a copy of the West Virginia OHV Act.

Summary of legislation regulating ATV use

Titling required
All residents of West Virginia are required to title their off-highway vehicles.

Helmet required
All operators and riders under the age of 18 are required to wear DOT approved helmets at all times.

Safety certificate required
All operators under the age of 18 are required to pass the West Virginia OHV Safety Awareness Course

Operation on public roadways prohibited
Off-highway vehicle use is banned from paved roads with a center line or more than 2 lanes, except to cross and except for getting from one trail or field to another when traveling up to 10 miles no faster than 25 mph.

Restrictions on carrying passengers
No passengers are permitted except if the ATV is designed for a passenger.

No passengers are permitted on off-highway vehicles unless the passenger is at least age 18 and the operator is at least 18 and has a driver's license.

Restrictions on operation during times of darkness
Off-highway vehicles shall not be operated from sunset to sunrise without a lighted taillight and headlight.

Please visit our U.S. land use forums for discussions regarding land use and legal issues.

OHV Registration / Permit
West Virginia does not currently required registration of off-highway vehicles, however some local areas, such as OHV parks and designated trails may require OHV permits. In most cases, these permits can be purchased where you want to ride. Non-residents are recommended to possess valid out-of-state registration and decals on the vehicle.

For More Information
This page represents a general summary of applicable state laws which apply to the operation of an off-highway vehicle. Laws are subject to change and laws other than specific off-highway vehicle related laws may be in place which may directly or indirectly apply to the operation of a off-highway vehicle in certain circumstances. Please consult with your state statutes if you have any questions.

For more information on West Virginia ATV/OHV regulations, please download a copy of the West Virginia OHV Act.