W. Va. Code R. § 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.
Notes
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