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West Virginia State ShapeWest Virginia

Below is a list of the key highway safety laws in West Virginia. For more information, contact the West Virginia Governor's Highway Safety Program.

No state law

Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Office.

Hand-held Ban All Cell Phone Ban Text Messaging Ban Crash
Data
School Bus Drivers Novice Drivers All Drivers School Bus Drivers Novice Drivers
Yes
(Primary)
  <18 w/ Learner or Intermediate Licence
(Primary)
Yes
(Primary)
Covered under all driver ban Yes

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Child Restraint Required
unless indicated, # refers to Yrs.(Lbs.)
Adult Safety Belt Permissible
unless indicated, # refers to Yrs.(Lbs.)
Maximum Fine
1st Offense
<7 (and <4'9") <7 (and >4'9) $20

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Per Se Laws for Drugs (Forbidding Prohibited Substances in Driver's Body) DEC/DRE Programs
(Providing Law Enforcement Training)
  Yes

Source: State Highway Safety Office.

Inc. Penalty for High BAC Admin. License Susp. on 1st Offense Limited Driving Privileges During Susp. Ignition Interlocks Vehicle and License Plate Sanctions Alcohol Exclusion Laws Limiting Treatment
*Meeting Federal Requirements
.15 6 months After 30 days Mandatory for high BAC (>.15) and repeat convictions     Yes Yes

Sources: Ensuring Solutions to Alcohol Problems, Insurance Institute for Highway Safety (IIHS), Mothers Against Drunk Driving (MADD), National Conference of State Legislatures (NCSL) and State Highway Safety Office.

Learner Stage Intermediate Stage Full Privilege
Min. Age
(Years/ Months)
Min. Age
(Years/ Months)
Min.
Duration
(Months)
Required
Supervised
Driving Hours
(Night Hours)
Min. Age
(Years/ Months)
Nighttime Driving Restriction Passenger
Restriction
(except family, unless noted)
15 6 50 (10); 0 w/ driver's ed. 16 10 p.m. - 5 a.m. First 6 mos.–no pass. <20;second 6 mos.–no more than 1 <20 17

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Motorcyclists Bicyclists
Universal Helmet Law (Year Enacted) Partial Law Universal Helmet Law Repealed
1971     <15

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Length of Regular Renewal Cycle (Yrs.) Provisions for Mature Drivers
8  

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Type of Law Who is Covered (Yrs.) In What Seat Maximum Fine 1st Offense
Primary 8 - 17 All $25
>18 Front

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

State Law
Permitted

Sources: Segway LLC and State Highway Safety Office.

Checkpoints Conducted? Frequency Legality
Yes Weekly Upheld under state and federal Constitution

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Rural Interstates Urban Interstates Other Limited Access Roads
Cars
(mph)
Trucks
(mph)
Cars
(mph)
Trucks
(mph)
Cars
(mph)
Trucks
(mph)
70 70 60 or 65 60 or 65 65 65

West Virginia speed limits, in general, are not set by law, but by the Commissioner of the Division of Highways.

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Violation / State Law Permitted Locations/Criteria Citation Issued To / Liability Image Taken Penalties (Traditional Penalties)
Speed: Prohibited
Red light: Prohibited

Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Office.

Violations Affected Enhanced Penalties Workers Must Be Present Signs Must Be Present
Speeding Up to $200 or 20 days in jail, or both Yes Yes

Sources: National Work Zone Safety Information Clearinghouse and State Highway Safety Office.