Can You Make a UTV Street Legal in West Virginia?

It is possible to make a UTV street-legal in West Virginia by registering in another state.

Disclaimer: The information provided by Dirt Legal is for general informational purposes only and does not constitute legal or financial advice. Please consult your CPA or attorney for guidance on all financial and legal matters.

West Virginia allows UTVs and some other off-highway vehicles to register as Street-Legal Special Purpose Vehicles (SPVs). This is a great option for connecting local trailheads, but it falls short of making a UTV street-legal across the board. SPV driving distance is limited to just 20 miles, interstates and controlled-access highways are off-limits, and an SPV registration is not offered outside of West Virginia.

It is possible to make a UTV street-legal in West Virginia by registering it in another state. The resulting title, registration, and license plate will allow you to drive your side-by-side on roads, highways, and city streets in West Virginia and beyond.

This page covers street-legal UTVs in West Virginia from top to bottom, including relevant laws, details about OHV areas, and times when a UTV not registered as street-legal can be driven on local roads. Information was gathered from the resources linked below, and some details were confirmed through anonymous conversations with West Virginia DMV employees.

Special Purpose Vehicles: Partially Street-Legal in West Virginia

West Virginia allows some off-highway vehicles to be registered as Street-Legal Special Purpose Vehicles (SPVs). SPVs can be driven on center-lined roads throughout the state for up to 20 miles at speeds up to 40 MPH.

SPVs cannot operate on interstates, controlled-access highways, or roads where a local ordinance prohibits their use. Local ordinances can prohibit SPVs in all or part of a town, city, or county, or on certain roads.

The West Virginia DMV advised us that SPV registrations are supposed to be used for connecting trailheads, although this is not mentioned in any statutes we could find.

Regarding distance traveled, the statute says: “Street-legal special purpose vehicles are prohibited from traveling a distance greater than 20 miles on a highway displaying centerline pavement markings.” This seems to mean 20 miles is the total distance traveled, not 20 miles in one direction or within a 20-mile radius of the start point. In this context, the term “highway” means any public road.

Can I Use Roads Without an SPV Registration?

OHVs that have no form of street-legal registration can still use the rightmost side of non-center-lined roads for limited distances to connect trails. They can also use the shoulders of most roads throughout the state. Unregistered OHVs are covered in greater detail in the last section below.

What Vehicles Can be Registered as SPVs?

UTVs, side-by-sides, ATVs, mini-trucks, pneumatic-tired military vehicles, and full-size vehicles, including homebuilt machines and extensively modified production vehicles, can all register as SPVs. Low-speed vehicles cannot become SPVs. Mini-trucks registered as SPVs cannot use federal highways.

What Do I Need to Have Before Registering an SPV?

  • Driver’s license: A driver’s license is required to use public roads.

  • Insurance: State minimum insurance is required to use public roads.

  • Helmets: Occupants younger than 18 must wear helmets meeting ANSI z 90.1, US-DOT 218, or Snell safety standards.

Which Laws Pertain to SPVs and Unregistered OHVs?

I’m a Nonresident Driving in West Virginia. Can I get an SPV Registration?

Nonresidents can purchase a two-week Nonresident Registration Certificate from the West Virginia DMV. You can get more than one, but we imagine there would be a limit at some point. Currently, this certificate can only be purchased in person. See WV DMV locations

How Do I Register My Vehicle as an SPV?

Install the equipment listed below, then get your vehicle inspected. Note that you must trailer your vehicle to the inspection site. After passing the inspection, head to the DMV and ask to register a Special Purpose Vehicle, then complete the paperwork they give you. After the DMV finalizes your request, you will receive a motorcycle-size license plate identifying your OHV as a Street-Legal Purpose Vehicle in West Virginia.

Required Equipment for West Virginia SPVs

Street-Legal Special Purpose Vehicles must have the following equipment:

  • At least one headlight

  • At least one taillight

  • At least one brake light

  • At least one white license plate light

  • At least one red rear reflector

  • Amber front turn signals

  • Amber or red rear turn signals

  • Good working brakes

  • Horn or other warning device

  • Mirrors on the right and left side of the driver

  • Muffler

  • Parking brake

  • Seats are designed for passengers

  • Speedometer with illumination

  • Tires with 2/32” or more tread

  • Windshield (optional – eye protection must be worn if not)

  • The emissions system is federally required

Many items are directly quoted from the statute to preserve the original wording. If you have any questions, try contacting your local DMV or local law enforcement.

Limitations of the SPV program

Registering as a Special Purpose Vehicle is a great option for local driving within West Virginia, especially for connecting trailheads, but SPVs fall far short of being street-legal across the board.

  • SPVs are limited in speed, distance, and road choices

  • SPVs can be prohibited through local ordinances

  • SPV registrations only apply within the borders of West Virginia

  • The DMV advises that SPV registrations are for connecting trailheads

The most important caveat is that an SPV registration does not make your vehicle street-legal anywhere else. It will be up to local authorities as to whether your vehicle is street-legal outside West Virginia, and in most cases, it will not be. The DMV advised us that West Virginia is in the process of creating reciprocity relationships with surrounding states, but those will certainly have limitations as well.

How to Get Street-Legal in West Virginia

The next logical step is to try to register as a regular street-legal vehicle through the West Virginia DMV. For that to be possible, your UTV would need to fit West Virginia’s definition of a street-legal vehicle and pass a full motor vehicle inspection, however, West Virginia’s laws do not allow for this.

None of the vehicle categories found in the West Virginia Motor Vehicle Code can be used to register a UTV as street-legal. Of the possible candidates:

  • Motorcycles cannot have more than three wheels and must have a saddle seat

  • Autocycles cannot have more than three wheels

  • Low-Speed Vehicles must have a top speed between 20 and 25 MPH

  • Specially Constructed Vehicles cannot have been built by a widely recognized manufacturer or altered from stock construction

Additional resources used to reach these conclusions are linked in the Laws, Codes, and Other Resources section below.

Registering Out of State

In states like Montana and South Dakota, the vehicle code allows UTVs to be registered as street-legal vehicles. You can register your UTV in those states without ever leaving your home. Once registration is complete and the required equipment is installed, your UTV will be street-legal in West Virginia and beyond with an out-of-state registration (see How to Make Your UTV Street-Legal).

Having a street-legal UTV in West Virginia means having the freedom to ride the Hatfield-McCoy Trail System without having to worry about which roads you can use to connect the segments. You could drive to the Blue Ridge Parkway, scout out a new OHV area, or ride a new HMT segment without dragging out the truck and trailer.

As it turns out, those are just some of the things you could do instead of filling out DMV paperwork. Our team of experts can get your UTV registered as street-legal while you’re closing all those browser tabs about SPV registrations.

Parts Required to Register Out of State

To make a UTV street-legal in West Virginia by registering in another state, getting street-legal does not involve any parts specific to West Virginia. Parts required for road use of UTVs that do not have street-legal registrations are listed in a later section below.

Driving a Street-Legal UTV on Public Roads in West Virginia

Because street-legal UTVs are a small niche, local law enforcement may not know that a UTV can be made street-legal in West Virginia. While we are not attorneys, we always suggest carrying physical copies of your UTV’s registration and insurance proofs and being knowledgeable about the ways your vehicle is ready for road use.

Keep in mind that street-legal UTVs in West Virginia need to observe all laws and rules of the road just as a car would.

For UTVs Registered Out of State: Vehicles licensed in other states can be driven in West Virginia thanks to registration reciprocity agreements between states. West Virginia’s registration reciprocity statute is linked in the resources below. You should not need to worry about title transfer windows if you maintain residency in another state or your UTV is registered to an LLC in another state. In some cases, it might not be possible to transfer your registration to West Virginia from another state because of vehicle type mismatches between states.

Helmet Laws in West Virginia

In OHV Areas: Occupants younger than 18 are required to wear helmets in OHV areas regardless of how and where the vehicle is registered.

Special Purpose Vehicles: Occupants younger than 18 are required to wear helmets on public roads.

Vehicles Registered Out of State: West Virginia does not have specific helmet laws for street-legal UTVs registered in other states. Given that helmets are required for occupants younger than 18 in every other circumstance, we suggest doing the same since that is what local law enforcement will be most familiar with.

Helmets must meet ANSI Z90.1, US-DOT 218, or Snell safety standards.

Keep in mind that helmet laws need to be followed on a state-by-state basis. Before you travel, learn the helmet situation in any state you plan to drive in.

Exhaust Modifications

West Virginia requires all vehicles to have a manufacturer-installed or equivalent muffler working and fully connected to the vehicle without cutouts, bypasses, or similar devices installed. In short, modified exhausts are not allowed in West Virginia. We are unsure how this would be handled for a vehicle registered out of state. Additionally, some OHV areas might waive this requirement.

Driving a Street-Legal UTV in West Virginia’s OHV Areas

Registration

West Virginia does not require a state-level registration to use OHV areas, public lands, and similar off-road spaces. Some areas might have their own permits. An SPV registration is not required to use OHV areas in West Virginia.

Equipment

Whether your UTV is street-legal or not, if you operate as an OHV in West Virginia, your vehicle will need a spark arrester and a “manufacturer-installed or equivalent muffler” working and fully connected to the vehicle unless an individual OHV area waives these requirements. Headlights and taillights must be on from sunset to sunrise. OHV areas within West Virginia may have their own requirements regarding equipment, helmet use, engine size restrictions by rider age, or other factors, so be sure to check ahead when you plan to travel.

Helmets

Occupants younger than 18 are required to wear helmets in OHV areas regardless of how and where the vehicle is registered. Helmets must meet ANSI Z90.1, US-DOT 218, or Snell safety standards.

Required Safety Course for Young Riders

Riders younger than 18 must obtain a safety certificate from the West Virginia DMV or a recognized authority like the ATV Safety Institute.

When an Unregistered UTV Can Be Driven on West Virginia Roads

This section is about UTVs that have not been made street-legal through the means described above.

This section is about vehicles that do not have street-legal registrations.

West Virginia allows unregistered off-highway vehicles to be driven on the rightmost side of one-lane and two-lane roads without center lines for up to 10 miles at a top speed of 25 MPH for purposes related to trail use. Local ordinances may further restrict actions in certain areas.

These abilities can be expanded by registering as a Street-Legal Purpose Vehicle as described in an earlier section.

Roads Near the Hatfield-McCoy Trail System

Many localities have opened roads for OHVs in relation to the Hatfield-McCoy Trail System so that riders can connect trail sections without the need for a truck and trailer. Be sure to check local resources beforehand, as not every public road in these areas is open to OHVs. Contact your local DMV, local law enforcement, or the Hatfield Mc-Coy Regional Recreation Authority to learn more.

Driving On the Shoulder

In West Virginia, UTVs and other off-highway vehicles can use the shoulder (or on the rightmost edge of the pavement if there is no shoulder) to travel between a residence or lodging and a trail, OHV area, or other riding location.

  • Total distance cannot exceed 10 miles

  • Vehicle speed cannot exceed 25 MPH

  • Lights must be on between sunset and sunrise

  • Stops can be made for food, fuel, supplies, and restrooms

  • OHVs cannot use the shoulders of interstate highways

Nonresidents Driving in West Virginia

Nonresidents can purchase a two-week Nonresident Registration Certificate from the West Virginia DMV. This can only be purchased in person. See DMV locations

Requirements

UTVs and other off-highway vehicles using roads or shoulders in West Virginia must follow all laws and rules of the road. Additionally, the following requirements must be met.

  • Equipment: Unregistered off-highway vehicles must have a spark arrester and a “manufacturer-installed or equivalent muffler” working and fully connected to the vehicle. Headlights and taillights are only required if the vehicle is operated between sunset and sunrise, in which case they must be turned on.

  • Driver’s License: A driver’s license is required to use public roads.

  • Insurance: State minimum insurance is required to use public roads.

  • Helmets: Occupants younger than 18 must wear helmets meeting ANSI Z90.1, US-DOT 218, or Snell safety standards.

  • Safety Class for Young Riders: Riders younger than 18 are required to obtain a safety certificate from a recognized authority like the ATV Safety Institute or the West Virginia DMV.

 

Crossing Roads

West Virginia law states that OHVs may cross public roads at an angle of approximately 90 degrees to the roadway, at a place where a quick, safe, and unobstructed crossing is possible, after coming to a complete stop before the shoulder (or road surface if there is no shoulder) and yielding to traffic. Headlights and taillights must be on if equipped.

Local Jurisdictions

Towns, cities, HOAs, and other local jurisdictions in West Virginia can choose to allow OHVs on any road beyond what is approved statewide (except interstate highways) and can also restrict OHVs as they see fit. Be sure to check the resources of the area you plan to ride in.

How West Virginia Defines Off-Highway Vehicles

West Virginia law defines two distinct categories of Off-Highway Vehicles, both characterized as having non-highway tires.

  • All-Terrain Vehicles are a maximum of 50” wide

  • Utility-Terrain Vehicles are wider

Some local laws might relate to one class and not the other, so be sure to check local resources ahead of time.

Special Exceptions

UTVs and other off-highway vehicles used for certain farming, government, and commercial purposes may qualify for additional road use exceptions. Contact the DMV or local law enforcement to learn more.

Laws, Codes, and Other Resources

For questions outside the scope of this guide, try contacting:

These are the sources we used to create this guide. If you find any inaccurate or outdated information, please contact us, and we will be happy to address it.

Start Here

Trails Heaven, a resource for the Hatfield-McCoy Trail System

West Virginia DMV: OHV Safety and Awareness

WVVA News video explaining the SPV program

Road Use of SPVs and OHVs Not Registered as Street-Legal

West Virginia Code Chapter 17A (Laws about SPVs)

West Virginia Code Chapter 17F (All-Terrain Vehicles, including UTVs and other OHVs)

West Virginia Statute 17A-13-1 (Street-Legal Special Purpose Vehicles (SPVs))

Off-Road Driving

West Virginia Statute 17F-1-1 (Equipment and helmet requirements)

West Virginia Statute 17F-1-2 (Safety awareness courses)

Other Resources

West Virginia Statute 17C-1 (Definitions of other vehicle categories, highways)

West Virginia Statute 17C-15-44 (West Virginia motorcycle helmet law)

West Virginia Statute 17A-5-1 (West Virginia vehicle registration reciprocity)

West Virginia Senate Bill 690 (SPV legislation; enacted in 2020)

West Virginia Code

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