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West Virginia

The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic. 

There are some situations where a tractor-trailer or other commercial motor vehicle is involved in only intrastate travel. For example, an appliance store in Point Pleasant may own a truck that only makes in-state deliveries. 

The West Virginia Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations. 

The following provisions are an overview of West Virginia laws that affect trucks operating only in West Virginia:

Driver Qualification

West Virginia has adopted Part 391 of the Federal Regulations with some modifications. For example, a driver is permitted to drive a heavy truck in intrastate operations already at the age of 18, rather than 21.

Hours of Service

West Virginia has adopted Part 395 of the Federal Regulations with one notable difference. The maximum driving and on-duty requirements doesn't apply to intrastate transporters of agricultural commodities or farm supplies if the driver remains within a 100-air-mile radius from the source of the commodities or supplies during planting and harvesting seasons.

Parts and Accessories

West Virginia has adopted Part 393 of the Federal Regulations with one notable difference. A first aid kit is required in intrastate wrecker trucks.

Crash reports are available from:

West Virginia State Police 
Traffic Records Section 
725 Jefferson Road 
South Charleston, WV 25309 
(304) 746-2191 

The attorneys at E. J. Leizerman and Associates work on truck accident litigation across the United States. As experienced truck accident lawyers, we are often called by other lawyers to "co-counsel" in a case. If you have been injured in a truck accident, or are a lawyer seeking co-counsel, we welcome your inquires! Fill out a web form to Contact a Truck Accident Lawyer, or phone us directly at 1-800-628-4500.