An ATV On The Road
W. Va. Code § 17F-1-1 — never the interstate, a square crossing of a lined road, and helmets for riders under eighteen
- On any interstate highway.
- On a road with a center line or more than two lanes, except to cross it.
- With more passengers than the maker allows.
- With a passenger under eighteen, unless the driver is eighteen or holds at least a level two intermediate license.
- With riders under eighteen who are not wearing a helmet that fits.
- Between sunset and sunrise without the headlight and taillights on.
Those are the ways an all-terrain vehicle may not be driven. A crossing is made at about ninety degrees, from a complete stop, yielding to oncoming traffic, with the lights on if the vehicle has them.
Ten miles on the shoulder. To travel between a home or lodging and the trails, an ATV may use the shoulder of a lined road, other than an interstate, for no more than ten miles, at twenty-five miles per hour or less.
A city or county may open marked roads to ATVs for parades, events, emergencies or other set purposes. Whether a road is open locally is a question for the city or county.
Sources for this section (1)
- W. Va. Code § 17F-1-1 — All-terrain vehicles: acts prohibited by operator; penalties for violations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.