W. Va. Code R. § 91-11-4 - Slow Moving Vehicles

4.1. W. Va. Code '17C-6 requires all farm machinery, except when guarded by flagman or flashers, designed to operate at twenty-five (25) m.p.h. or less, traveling on a public highway, during day or night, to display a triangular slow moving emblem on the rear of the vehicle.

4.2. The purpose of this legislation is to create a unique identification emblem to be installed as a safety feature on slow moving vehicles when operated or traveling (transported) on public highways amidst motor vehicles designed for high speed. The short form of designation of such vehicle shall be SMV.

4.3. The Commissioner, as authorized by the provisions of this act, adopts the SMV emblem as described in the American Society of Agriculture Engineers S276.2 as the official slow moving vehicle emblem of West Virginia.

4.4. The standards and specifications for design and position of mounting the SMV emblem and requirements for certification of conformance as adopted by the Commissioner of Motor Vehicles in conjunction with the American Society of Agricultural Engineers Standard S276.2 are as outlined in the following sections:

4.5. Specifications and Standards.

4.5.a. The SMV emblem shall consist of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle is for daylight identification. The reflective border defines the shape of the flourescent color in daylight and becomes a hollow red triangle in the path of motor vehicle headlights at night. The emblem shall meet the following specifications:

4.5.b. Size. The dimensions shall be shown in Figure 1. (See Figure 1 Identification Emblem.)

4.5.c. Visibility. The SMV emblem shall be entirely visible in daylight and at night from all distances between six hundred (600) feet and one hundred (100) feet from the rear when directly in front of lawful upper beam of headlights. The operator and/or owner of a slow-moving vehicle shall exercise due care in the maintenance and cleaning of the emblem to assure it being plainly visible.

4.5.d. Color and reflectivity

4.5.d.1. The spectrophotometric color values of the yellow-orange fluorescent material shall have a dominant wave length of 590 - 610 millimicrons and a purity of ninety-eight percent (98%) before test. After durability test, the dominant wave length of the fluorescent material shall not change more than ten percent (10%).

4.5.d.2. The reflective material shall have minimum intensity values at each of the angles listed per Table 1. After durability test, the minimum reflective intensity values for the reflective material shall not change more than twenty percent (20%) from the values specified in Table 1.

TABLE 1

MINIMUM REFLECTIVE INTENSIVE VALUES

DIVERGENCE	INCIDENCE	REFLECTIVE
ANGLE, DEG	ANGLE, DEG	INTENSITY, R
0.2 0	10
0.2 15	7
0.2 30	5
0.5 0	5
0.5 10	4
0.5 30	2

¹Measurements shall be conducted in accordance with photometric testing procedures for reflex-reflectors as specified in Society of Automotive Engineers Standard, SAE J594, Reflex-Reflectors, and using 50 " 5 sq. in (322.6 " 32.3 sq. centimeters) of reflective material. The maximum dimension of the test surface shall not be greater than 1.5 times the minium dimension. The reflective intensity (R) is computed from the equation:

R = (Lr) (d2) / (Ls) (A)

R = reflective intensity, candlepower per incident foot-candle per squar foot

Lr = illumination incident upon receiver at observation point, foot-candles

Ls = illumination incident upon a plate perpendicular to the incident ray at the test specimen position, foot candles

d = distance from test specimen to source of illumination one hundred (100) feet as specified in SAEJ594), feet

A = area of tests surface, square feet.

4.5.E. Durability. (Note: These requirements are minimum and do not preclude the use of materials having superior performance.)

4.5.E.1. The reflective and fluorescent materials shall be tough, flexible and of sufficient thickness and strength to meet the requirements of Sections 4.5 and 4.6. After the durability test, the fluorescent and reflective material shall show no appreciable discoloration, cracking, blistering, loss of durable bond or dimensional change.

4.5.E.2. Backing material for portable SMV emblems shall be equivalent to 0.040 in. (0.1016 millimeters) minimum thickness aluminum, 22-gage (0.030 in. Or 0.76 mm) minimum thickness mill-galvanized or coated sheet steel with the surface clean and receptive to a durable bond. The backing material shall be free of burrs.

4.6. Test procedures.

4.6.a. Tests. The emblem shall be tested in conformance with the following sections from SAEJ575, Test for Motor Vehicle Lighting Devices and Components:

Section B -- Samples for Tests

Section D -- Laboratory Facilities

Section E -- Vibration Test

Section H -- Corrosion Test (pertains to face of emblem only)

4.6.b. Durability Test. Samples shall be exposed to the sun at an angle of forty-five degrees (45⁰) to horizontal and facing south per American Society for Testing and Materials, ASTM D1014, Conducting Exterior Exposure Tests of Paints on Steel.

TABLE 2

DURABILITY TEST PERIODS

LOCATION	Minimum Test Period, Months
	Fluorescent	Reflective
Outside in	12	24
Midwest
or
Outside in	6	12
Miami, Florida

4.6.c. Drop Test. Each test sample shall be dropped from a height of five (5) feet, (1.53m) to a smooth, hard surface equivalent to rigid metal or concrete. Each test sample shall be submitted to three (3) drop tests: corner drop, edge drop and flat drop. Failure shall be considered to have occurred when the emblem no longer meet requirements in Section 1.

4.7. Mounting.

4.7.a. The SMV shall be mounted point up (as in Figure 1, Section 4.5.b) in a plane perpendicular to the direction of travel " ten degrees (10⁰). It shall be placed centrally at the rear of the vehicle, unobscured and two (2) to six (6) feet above level ground measured from the lower edge of the emblem. It shall be attached directly to the vehicle or machinery when practical and affixed thereto with (1) a suitable permanent, weather-proof and water-proof adhesive backing or (2) by suitable mechanical fasteners utilizing the two (2) through holes (whose size and location are shown in Figure 1, Section 4.5.B provided a metal backing material as specified for portable SMV emblems is used.

4.7.b. Portable SMV emblems with required backing may be used when direct mounting on the vehicle is impractical or impossible. When employed, a portable SMV emblem must be sturdily supported and secured to the vehicle while traveling on a public highway during day or night in the position and location prescribed in subsection 4.7.a of this section.

4.7.c. Where it is impractical or impossible to mount the emblem centrally as required by subsection 4.7.a, it shall be mounted to the left of the vertical centerline of the vehicle but shall not extend over or beyond the side of the vehicle. Mounting height shall be as required by subdivision 4.7.a.

4.7.d. The SMV emblem shall not replace such warning devices as tail lamps, reflectors, flashing lights, warning flags or flares and is not to be used as a clearance marker for wide loads or equipment.

4.8. Certification. -- Each manufacturer of the official SMV emblem shall certify to the Commissioner that his emblem complies with and meets the requirements of this regulation. Upon receipt of an acceptable certificate from the manufacturer, his emblem shall be deemed approved by the Commissioner. Demonstration of compliance may be required by the Commissioner. To demonstrate compliance with the requirements of this part, the necessary tests shall be conducted by or supervised by an approved certified laboratory or an approved certified testing organization.

4.9. Identification requirements. -- Each SMV emblem shall contain on the front or back the manufacturer's name or trade-name which shall be the same name under which the emblem has been certified. In lieu of marking or labeling the emblem, this same information must appear on the package in which it is first sold to a purchaser or user in this State.

4.10. Use. -- On or after July 1, 1974, the only use of the SMV emblem shall be as follows.

4.10.a. Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry designed for operation and speeds not in excess of twenty-five (25) miles per hour when traveling on or moving along a public highway during day or night shall display the slow-moving vehicle emblem except as provided in subdivision 4.10.b.

4.10.b. Every combination of farm tractor and towed farm equipment or implement of husbandry normally operating at speeds not in excess of twenty-five (25) miles per hour when traveling on or moving along a public highway during day or night shall display the slow-moving vehicle emblem as follows:

4.10.b.1. Where the towed unit or any load thereon obscures the slow-moving vehicle emblem on the farm tractor, the towed unit shall display the slow-moving vehicle emblem. In such cases, the towing vehicle need not display the emblem.

4.10.b.2. Where the slow-moving vehicle emblem on the farm tractor unit is not obscured by the towed unit or its load, then either or both may be equipped with the required emblem, but it shall be sufficient if either has it.

4.10.c. Every self-propelled unit of road construction and maintenance machinery or other machinery designed for operation at speeds not in excess of twenty-five (25) miles per hour when traveling on or moving along a public highway during day or night shall display the slow-moving vehicle emblem except when engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs.

4.10.d. A slow-moving vehicle with emblem attached and visible from the rear while being transported upon another vehicle, other than a slow-moving vehicle, shall have the emblem covered in such a manner that it will not be visible to traffic.

4.10.e. The SMV emblem shall not be put to any use other than prescribed by this regulation.

Notes

W. Va. Code R. § 91-11-4