Driving of motor vehicles - West Virginia

Federal regulations

West Virginia has adopted Part 392 of the Federal Regulations.

Applicability

Part 392 applies to any self-propelled or towed motor vehicle used on a highway in intrastate and interstate commerce when the vehicle has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 10,001 pounds or more, or is of any size transporting a placardable amount of hazardous materials.

Engine idling

A diesel-powered motor vehicle with a gross vehicle weight of 10,001 pounds or more engaged in commerce may not idle for more than 15 minutes in any continuous 60-minute period.

A bus or school bus may idle for up to 15 minutes in any continuous 60-minute period, except when idling is necessary to provide heating or air conditioning to maintain a safe temperature for passengers.

Exceptions — There is an exception for an occupied vehicle with a sleeper-berth for the purpose of air conditioning or heating:

• during a rest or sleep period;
• when the outside temperature is less than 40°F or greater than 75°F; and
• while the vehicle is parked in any place that the vehicle is legally permitted to park (fleet trucking terminal, commercial truck stop, designated rest area).

This exception does not apply if the vehicle is parked at a location equipped with stationary idle reduction technology that is available for use at the start of the rest period.

There are also exceptions for:

• traffic conditions;
• operation of defrosters, heaters, air conditioners, or cargo refrigeration equipment to prevent a safety or health emergency;
• emergency vehicle maintenance, inspection, servicing, repairing, or diagnostic purposes;
• federal and state inspections;
• power work-related mechanical, safety, or electrical operations;
• a security inspection either entering or exiting a facility;
• an armored vehicle when a person remains inside the vehicle to guard contents or while the vehicle is being loaded or unloaded;
• solid waste collection or the collection of source-separated recyclable materials;
• a diesel-powered motor vehicle exhibiting a label issued by the California Air Resources Board under 13 CCR §1956.8(a)(6)(C); and
• a diesel-powered motor vehicle powered by clean diesel technology or bio-diesel fuels.

Speed limit

The speed limit is 70 mph on rural interstates and 55 mph (or as posted) on primary highways.