“Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheelchairs. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks or wheelchairs.
#ELECTRIC CONVEYANCE VEHICLE CODE#
Code 17C states that a motorized wheelchair is not classified as a vehicle or motor vehicle. In West Virginia, common sense still guides the law concerning these mobility enabling vehicles. What this means to the disabled in Michigan is that if their wheelchair is not insured and that person is hit by a vehicle, the injured party may not be compensated by the insurance company representing the offending vehicle. People with disabilities’ rights are not only being eroded but being trampled upon in states such as Michigan where the classification of these mobility enabling conveyances has been moved from pedestrian status to motor vehicle status. The classification of motorized wheelchairs as not being motor vehicles in West Virginia is now of increased importance for the rights of the disabled. The wheelchair must also be equipped with reflectors on the front, back, wheels and be visible at night from a distance of six hundred feet. A person operating a motorized wheelchair must watch out for and yield to pedestrians and bicycles. Motor-equipped wheelchairs can only be used on roads with speed limits of less than 35 mph, except to make the crossing in a designated pedestrian crosswalk. When a car or truck hits a pedestrian or wheelchair user, there is usually no question about who is going to suffer.
Unfortunately, every year, innocent adults and disabled children are injured or killed while on the sidewalk or pedestrian crossing or operating their wheelchair legally on our streets. Classification of Wheelchair Users Under West Virginia CodeĪccording to West Virginia law, the operator of such a mobility device is classified as a pedestrian. They should only be operated on a roadway if there is no sidewalk, or the sidewalk is obstructed in a way that prevents safe use. While motorized wheelchairs (which are also referred to as motorized scooters or mobility scooters) should not be on public roads if there are any other options, they are allowed to cross at intersections just as pedestrians. These conveyances can be legally operated on public sidewalks, park pathways, bicycle paths, rail trails, and in public buildings. Motorized wheelchair users in West Virginia have responsibilities, rights, and privileges similar to those of pedestrians.
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