W. Va. Code R. § 91-25-4

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-25-4 - Titling, Registration and Road Use for Special Purpose Vehicles and Street-legal Special Purpose Vehicles
4.1. All owners of a special purpose vehicle must obtain a certificate of title in accordance with the provisions of W.Va. Code § 17A-3-2. The Division shall issue a title label in a manner prescribed by the Commissioner for the owner to affix as close as possible to the right rear portion of the special purpose vehicle as evidence of titling.
4.2. All owners of a street-legal special purpose vehicle must register the vehicle and obtain a motorcycle trailer inspection sticker if the owner wishes to drive such vehicle as provided in W. Va. Code § 17A-13-1 et seq. Any owner of a street-legal special purpose vehicle who properly displays a registration plate and motorcycle trailer inspection sticker is not required to display the title label.
4.3. An owner of a street-legal special purpose vehicle may also operate the vehicle in accordance with the provisions of W. Va. Code § 17F-1-1 et seq. An owner of a special purpose vehicle of a type that qualifies as a vehicle for road use under W. Va. Code § 17F-1-1 et seq. but chooses not to register for road use in accordance with W. Va. Code § 17A-13-1 et seq. is limited to road use authorized by W. Va. Code § 17F-1-1 et seq.
4.4. A special purpose vehicle must be titled in the same manner as any other vehicle, however, the commissioner may accept an affidavit and a vehicle identification number verification form in lieu of other forms of proof of ownership for any special purpose vehicle whose model year is 2015 or earlier and was not titled by any owner within the past 5 years. An owner that uses an affidavit to title shall be assessed 6 percent of the purchase price as sales tax in accordance with W. Va. Code § 11-15-3c upon titling the special purpose vehicle but no less than $100 if no proof of the purchase price is available.
4.5. Any person operating an all-terrain vehicle as defined in W. Va. Code § 17F-1-9 as a street-legal special purpose vehicle under the provisions of W. Va. Code § 17A-13-1 in any municipality or county that has enacted a lawful ordinance pursuant to W. Va. Code § 17F-1-3 must operate in compliance with the requirements of the municipal or county ordinance.
4.6. Any person operating an all-terrain vehicle as defined in W. Va. Code § 17F-1-9 as a street-legal special purpose vehicle under the provisions of W. Va. Code § 17A-13-1 in any municipality or county without an ordinance enacted pursuant to W. Va. Code § 17F-1-3 must comply with the provisions of W. Va. Code § 17F-1-1 et seq except in instances where W. Va. Code § 17A-13-1 specifically provides a different requirement.
4.7. No person may operate a special purpose vehicle as a street-legal special purpose vehicle on a highway where the Division of Natural Resources prohibits special purpose vehicles.

W. Va. Code R. § 91-25-4