W. Va. Code R. § 81-4-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 81-4-4 - Modified Vehicle Inspection Requirements

4.1. Fuel System (combustion power units only).

4.1.1. Each fuel system orifice provided for the introduction of air to be used for the combustion of fuel (air intake) shall be equipped with a device which will:

4.1.1.1. Prevent the ejection into the atmosphere of any ignited fuel and air mixture.

4.1.2. All fuel system components, such as tank, tubing, hoses, clamps, etc., shall:

4.1.2.1. Be located outside of any compartment intended for use by the driver or any passenger except OEM or OREP components.

4.1.2.2. Be securely attached with fasteners designed for this purpose.

4.1.2.3. Not be positioned above, or nearer than three (3) inches to any exhaust system component, except in the engine compartment, unless appropriate shielding is provided (except OEM or OREP components).

4.1.2.4. Be positioned so as not to contact any moving vehicle component.

4.1.2.5. Be free of any fuel leakage.

4.1.3. Fuel line connection to the engine shall be of a flexible design, and of a length sufficient to accommodate all engine vibrations and movements of the engine with respect to the vehicle frame.

4.1.4. The fuel tank shall:

4.1.4.1. Not be located in the engine compartment, except for OEM or OREP components.

4.1.4.2. Be shielded from any compartment intended for use by a flame-proof barrier, except for OEM or OREP components.

4.1.4.3. Be securely mounted to the body or frame.

4.1.4.4. Comply with VESC-12, minimum standard for fuel tanks, if not built by a recognized motor vehicle manufacturer.

4.1.4.5. Be equipped with an external vent or be vented to the engine through an evaporative emission control system (EEC).

4.1.4.6. Be equipped with a filler cap designed to vent fuel spillage from the filler opening when the cap is in place.

4.1.4.7. Be located within the lateral perimeter of the vehicle frame or unit body to minimize crash damage rupturing, (unless originally equipped).

4.1.5. Auxiliary liquid fuel tanks described as an additional fuel tank and any other components attached directly thereto designed to supplement the vehicle's liquid fuel carrying capacity beyond that provided by the vehicle manufacturer shall meet the requirements of VESC-12.

4.2. Vehicle Body.

4.2.1. Body Structure -- The body structure of a modified vehicle shall be free of sharp edges and projections in all interior and exterior locations where they may be contacted by persons in the normal use and care of the vehicle. This requirement does not include those locations usually accessible only when the vehicle is hoisted or partially dismantled for the purpose of maintenance or repair.

4.2.1.1. The body to frame mounting hardware shall be in accordance with OEM specifications, provided that a maximum three (3) inch spacer block may be added, over and above the manufacturer's spacer block and further provided that appropriate modifications of the steering column, brake hose location, and controls are made when required.

4.2.2. Doors and Latches.

4.2.2.1. A modified vehicle shall have a means of entry and exit on each side of the vehicle which provide ready access to the seats in the vehicle.

4.2.2.2. On vehicles not equipped with doors, approved type occupant restraining devices shall be installed within the vehicle and be readily accessible to the occupants.

4.2.2.3. The doors used to provide access to the passenger compartment of a modified vehicle shall be of a hinged type and shall be readily operable and be provided with a two-position self-acting latch which functions in each latching position to keep the door from opening (unless OEM). This requirement does not apply to doors that are designed to be easily attached to or removed from modified vehicles designed for operation without doors.

4.2.2.4. All doors shall be equipped with a manual latch control on the exterior of the door and a manual or electric latch on the interior of the door.

4.2.3. Hood and Trunk Latches.

4.2.3.1. Hood -- All modified vehicles are required to have a hood which shall cover the top of entire engine compartment. The engine compartment sides may remain open.

4.2.3.2. A hood, a trunk lid, or any compartment cover forward of the windshield, which opens along the edge toward the front of a modified vehicle shall be equipped with a two-position self-acting latch which functions in each latching position to keep the hood, lid, or cover closed. A minimum of two (2) hood pins designed for that purpose can be substituted for the two-position self-acting latch.

4.2.3.3. A hood, trunk lid, or compartment cover which opens along an edge toward the sides or the rear of a modified vehicle shall be equipped with at least one (1) latch which holds the hood, lid or cover in the closed position.

4.2.4. Fenders -- Any attachment added to the body of fender of the vehicle to meet the requirements of this section shall be securely mounted and free of any sharp edges or protuberances.

4.2.5. Driver Visibility -- Obstructions forward of the windshield can extend no more than three (3) inches upward into the horizontally projected vision area of the windshield except for windshield wiper components.

4.3. Vehicle Frame.

4.3.1. Frame -- A modified vehicle shall be equipped with a frame consisting of structural beams or channels, or structural tubing, or unitized construction capable of supporting the vehicle, its load, and the torque produced by the power source under all conditions of operation. The frame structure shall be essentially rigid, free of cracks and visual indications of weakness, such as bending, buckling or poor quality welded joints.

4.3.2. Floor Pan -- A modified vehicle shall be equipped with a floor pan which:

4.3.2.1. Covers the area beneath the passenger compartment and any cargo or luggage compartment that is not entirely separate from the passenger compartment. Entirely separate means there are no components shared by both compartments, such as roof, floor, or sides.

4.3.2.2. Is capable of supporting the weight of the number of occupants, including seats and any cargo the vehicle is designed to carry.

4.3.2.3. Has sufficient strength to adequately anchor the seats and safety belts.

4.3.2.4. Is free of openings which are not sealed or provided with covers which are specifically designed to prevent the transit of fumes and airborne particles.

4.3.3. Bumpers -- A modified vehicle shall be equipped with a bumper on the front. A rear bumper must be present if the vehicle was so equipped by the manufacturer. OEM or OREP bumpers are acceptable.

Rear bumpers are required on any modified motor vehicle if the fuel tank is located in the rear and is unprotected by the frame of the vehicle.

Whenever the bumpers installed on a modified vehicle are altered, modified, replaced, or whenever the vehicle ground clearance height has been altered or modified, the bumpers installed on the vehicle shall:

4.3.3.1. Be of sturdy construction.

4.3.3.2. Be securely attached to the vehicle frame with attaching components specifically designed for the purpose which are equivalent in strength to the bumper.

4.3.3.3. Have no pointed projections or sharp edges.

4.3.3.4. Have a smooth outward face.

4.3.3.5. Be at least three (3) inches in vertical height, be centered on the vehicle center line and extend horizontally no less than the wheel track distance.

4.3.3.6. Not be constructed of pipe unless OEM.

4.3.3.7. Be mounted no higher than specified from the ground to the bottom of the bumper. Maximum bumper heights shall be indicated below:

4.3.3.7.1. Vehicles 10,000 pounds or less: Maximum height to both front and rear bumper is thirty-one (31) inches as measured from the ground to the bottom of the bumper. No person may alter, modify, or otherwise move the original bumper mounting on the frame. In the absence of bumpers, or if the original bumper has been moved, bumper heights will be measured to the frame rail.

4.3.3.7.2. All above measurements will be made with all tires on the vehicle inflated to the tire manufacturer's specifications.

4.4. Brake System.

4.4.1. Every modified vehicle shall be equipped with a service brake system which:

4.4.1.1. Will provide braking action at each wheel.

4.4.1.2. Is actuated by pressure applied to a pedal control by the driver's foot.

4.4.1.3. Is actuated primarily by the use of hydraulic fluid (actuation primarily by mechanical means, rods, or cables, is not permitted even if the OEM system was so designed).

4.4.2. Modified vehicles shall be equipped with a service brake system which:

4.4.2.1. Is designed to prevent the complete loss of the braking function in the event of a rupture or leakage-type failure of any single pressure component except structural failures of the master cylinder (split system required).

4.4.2.2. Is equipped with a combination of components, i.e., master cylinders, calipers, wheel cylinders, metering valves, proportioning valves, etc., which is in accordance with current accepted automotive industry standards.

4.4.3. Brake tubing and brake hose installed on a modified vehicle shall be:

4.4.3.1. Securely attached with hardware designed for this purpose in a manner which will prevent chafing, kinking, or other mechanical damage.

4.4.3.2. Of sufficient length and flexibility to accommodate, without damage, all normal movements of the parts to which it is attached.

4.4.3.3. Located in a manner that prevents contact with any component of the vehicle's exhaust system.

4.4.3.4. Routed along the exterior of box or tubular frame chassis. Routing tubing or hoses through the interior or along bottom edge of such frame or tubing is prohibited, unless OEM.

4.4.4. All tubing, other than OEM, used in the brake service brake system of a modified vehicle shall be of a type that meets the requirements of SAE Standard J1047, Tubing - Motor Vehicle Brake System, Hydraulic. No tubing may be made of copper.

4.4.5. All brake tubing ends must be double flared in a manner consistent with SAE Standard J533b or formed in accordance with SAE recommended practice J1290.

4.4.6. All hoses, other than OEM, used in the service brake system of a modified vehicle shall be of a type that meets the requirements of FMVSS-106.

4.4.7. Every modified vehicle shall be equipped with a parking brake system which:

4.4.7.1. Provides braking action on at least two wheels of the same axle.

4.4.7.2. Is actuated by a control that is operated by the driver's hands or foot and remains set in the applied position until released by a separate action.

4.4.7.3. Is actuated by a means independent of the service brake system except that the brake shoes and drums, or pads and discs, may be common to both the service and parking brake systems.

4.5. Steering System.

4.5.1. The steering control mechanism of a modified vehicle shall:

4.5.1.1. Consist of a circular steering wheel having an outside diameter of no less than thirteen (13) inches attached to a shaft in a manner such that the rotary motion of the control device turns the shaft which will cause the moving vehicle to move to the right when the control is rotated in a clockwise direction and to the left when the control is rotated in a counterclockwise direction.

4.5.1.2. Be securely attached to a structural member of the vehicle.

4.5.1.3. Be located forward of the driver's seating position.

4.5.1.4. Be operable through its entire control range by a person seated against the seat back at the driver's position.

4.5.1.5. Not interfere with the driver's vision through the windshield nor interfere with any other vehicle control mechanism.

4.5.1.6. Be so constructed that no components or attachments, including horn actuating mechanism and trim hardware can catch the driver's clothing or jewelry during normal driving maneuvers.

4.5.1.7. Have no other component or structure between the driver and the device except safety belts, air bags or both.

4.5.1.8. Have no other component or structure located in the plane of rotation nearer than three (3) inches outside of the path of the maximum radius of the control device (unless OEM).

4.5.1.9. Have a range of rotation, lock to lock, of no less than two (2) turns, 360° rotation per turn and no more than 6 turns and shall be free of any jamming or binding throughout this range. From a straight ahead position, the number of turns to the right stop shall be equal to the number of turns to the left stop. One quarter turn tolerance permitted.

4.5.2. A modified vehicle equipped with a steering system that has been modified in any manner except replacement of the steering wheel shall:

4.5.2.1. Have the steering components geometrically arranged in accordance with the manufacturer's specifications.

4.5.2.2. Comply with the original vehicle manufacturer's caster, camber and toe-in alignment specifications.

4.5.2.3. Have all nuts equipped with appropriate locking devices such as lock washers, cotter pins or self-locking devices. If self-locking nuts are used, at least one complete bolt thread must pass through the nut and be exposed.

4.5.2.4. Have flat washers installed on spherical rod ends to prevent bearing pull-out.

4.5.2.5. Be equipped with universal or other flexible joints which meet or exceed those used for similar purposes by recognized motor vehicle manufacturers. Such devices must be securely installed and used within designed parameters.

4.5.3. The steering gear box or other mechanism which translates the rotary motion of the control shaft to linear motion to move the wheels shall be securely attached to the vehicle frame with hardware designed for this purpose.

4.5.4. All components of the steering system shall be connected with fittings designed for the purpose and adjusted to eliminate any unnecessary free play or lash.

4.5.5. All welding used in the modification of any system component or attachment shall be accomplished by an electric arc welding process.

4.5.5.1. Gas welding is permitted for those types of metal not suitable for electric arc welding.

4.5.5.2. No welding repairs or welding modifications of any type shall be permitted on cast iron or factory cast steering components.

4.5.6. Any power steering device used on a modified vehicle shall be of a type which will permit the continued use of the power steering mechanism under manual control in the event of the failure of the power unit, except OEM.

4.5.7. Four wheel steering system, e.g., front and rear steering axles, are not permitted unless they are OEM).

4.5.8. Any protective covering of C. V. joints, steering mechanisms, or other components commonly referred to as "Boots" may not be cracked, broken, lose or in any way damaged or leaking.

4.6. Suspension System.

4.6.1. Lift blocks of any type or configuration on the front suspension of a modified vehicle are expressly prohibited.

4.6.2. The use of coil spring spacers to level the front end of the vehicle are permissible.

4.6.3. Every modified vehicle shall be equipped with a flexible primary suspension component (spring, torsion bar, etc.) mounted between the vehicle frame, or unit body, and each axle, or other component to which the wheels are mounted (trailing arms, control arms, etc.), which:

4.6.3.1. Permits vertical relative movement between the frame and axle.

4.6.3.2. Permits negligible lateral (side to side) or longitudinal (front to rear) horizontal movement between the frame and the axle.

4.6.3.3. Is securely attached to both the frame and the axle with mounting hardware designed for this purpose.

4.6.3.4. Provides adequate support for the safe control of the vehicle under all normal conditions of operation upon public streets and highways.

4.6.4. Each position on an axle of a modified vehicle where one or more wheels are mounted shall be equipped with at least one shock absorbent which:

4.6.4.1. Is mounted between, and securely attached to, the axle and the frame with mounting hardware designed for this purpose.

4.6.4.2. Provides a damping action on all vertical motion (double acting) throughout entire vertical motion range of the primary suspension component.

4.6.5. At each position where one or more wheels are mounted, the suspension system of a modified vehicle shall provide a minimum range of vertical motion between the axle and the frame of two (2) inches for compressions and two (2) inches for rebound when the empty vehicle is standing upon a level surface.

4.6.6. The range of movement between the axle and the frame of a modified vehicle shall be limited in a manner which, under all normal conditions of suspension and rebound, will prevent:

4.6.6.1. Contact between the wheels, including the tires, and any part of the vehicle frame or chassis.

4.6.6.2. Contact between the suspended and unsuspended portions of the vehicle except at suspension component attachment points and at those points which are designed and suitably cushioned to limit extreme suspension movement.

4.6.6.3. Any brake hose from becoming fully extended.

4.6.6.4. Any shock absorber from reaching the limit of its travel.

4.6.7. Any primary or supplemental coil springs used in the suspension system of a modified vehicle shall not be capable of being fully compressed or fully extended within the limits of vertical motion of the system.

4.6.8. A modified vehicle shall have sufficient ground clearance between the vehicle body chassis and steering components and the road surface on which the vehicle rests so that it will be able to be in motion on its four rims on a flat surface with no other parts of the vehicle touching that surface.

4.6.9. When used in the suspension system of a modified vehicle, all leaf spring hanger (shackle) extensions shall:

4.6.9.1. Have a maximum effective length of no more than two inches over the OEM shackle as measured between the upper and lower bolt centers.

4.6.9.2. Be assembled with bolts and hangers specifically designed with adequate extra strength for this purpose.

4.6.10. No coil spring, leaf spring, or torsion bar used in the suspension system of a modified vehicle shall be heated or welded.

4.6.11. Any electric, hydraulic or pneumatic device used to adjust the height of a vehicle cannot be capable of raising the front or rear of the vehicle more than four (4) inches over the OEM ride height and can in no way alter the steering geometry of the vehicle unless it is OEM.

4.6.12. The wheel base on one side of the vehicle must be the same as the wheel base on the opposite side, with a tolerance of plus one inch.

4.7. Exhaust System (combustion power units only).

4.7.1. All modified vehicles shall be equipped with a system of components to conduct exhaust gases from the engine to a safe discharge point outside of the vehicle.

4.7.2. All exhaust system components, such as manifolds, headers, exhaust pipes, resonators, mufflers, converters, tail pipes, etc., shall:

4.7.2.1. Be located outside of any compartment intended for use by the driver or any passenger.

4.7.2.2. Be securely attached with fasteners designed for this purpose.

4.7.2.3. Be positioned so as not to contact any moving vehicle component.

4.7.2.4. Be free of any leakage.

4.7.2.5. Have suitable shielding provided for all components which may cause personal injury and are accessible to inadvertent contact by persons standing outside of the vehicle under normal operating conditions.

4.7.2.6. Have no temporary patches or makeshift repairs.

4.7.3. Suitable heat shielding shall be provided for:

4.7.3.1. Any catalytic converter located less than three (3) inches below the floor pan or from any flammable material.

4.7.3.2. Any other exhaust system component located less than one and one-half (1 1/2) inches below the floor pan or less than three (3) inches from any flammable material.

4.7.4. The exhaust system shall contain a muffler or mufflers. Such mufflers shall be the muffler originally installed by the manufacturer of the vehicle or, if a replacement, the equivalent thereof.

4.7.5. The exhaust system shall discharge the engine exhaust gases outward from the vehicle to the atmosphere.

4.7.5.1. Exhaust systems on property-carrying vehicles shall discharge the exhaust gases to the rear of that part of the vehicle designed and normally used for carrying the driver and passengers.

4.7.5.2. Exhaust systems on passenger vehicles shall discharge the exhaust gases at a location to the rear of the vehicle body or direct the exhaust gases outward from the side of the vehicle body at a location rearward of any operable side window.

4.7.5.3. No part of the exhaust system shall pass through any area of the vehicle that is used as a passenger compartment, nor in close proximity to the fuel system without being properly shielded. No part of the exhaust system may contain a muffler cut-out or by-pass.

4.8. Wheels and Tires.

4.8.1. The rims mounted on a modified vehicle, if other than OEM, including options, or OREP, i.e., special rims, shall meet or exceed all applicable Federal Motor Vehicle Standards.

4.8.2. All rims mounted on a modified vehicle shall be free of cracks, rim dents, warpage, and repairs of any kind.

4.8.3. All rim mounting studs, nuts or bolts shall be present, in good condition, and securely tightened.

4.8.4. All rims mounted on a particular axle or equivalent front or rear suspension component, shall be of identical size, design, and material (all front rims the same and all rear rims the same).

4.8.5. The rim diameter of the rims mounted on the front axle shall be no less nor no greater than two (2) inches as the rim diameter of the OEM rims for the suspension system used.

4.8.6. The use of any combination of reverse mounted or special rims or adapters shall not increase the negative offset of the front or rear rims in a manner that will reduce the track width of the vehicle. The modified vehicle owner shall provide the rim offset specifications and the manner of measurement from the recognized manufacturer of the vehicle when it was new, if requested.

4.8.7. The use of any combination of reverse mounted or special rims or adapters shall not increase the positive offset of any of the rims by more than two (2) inches. Any increases in positive offset for wheels on one side of a vehicle should be the same as for the wheels on the opposite side.

4.8.8. All tires used on the rims of a modified vehicle shall have a load rating of sufficient capacity to support the weight imposed on both the tire and rim.

4.8.9. All tires mounted on the rims of a modified vehicle shall be tires designed specifically for highway use (FMVSS No. 109 and No. 119) including those designed for highway use and retreaded in accordance with FMVSS No. 117. The use of tires designed, retreated or designated for any other purpose is not permitted.

4.8.10. Every tire mounted on the rims of a modified vehicle shall have an average tread depth of no less than 2/32 of an inch.

4.8.11. Wheel studs must be of sufficient length to allow a minimum of two threads to project beyond the lug nut. Where capped lug nuts are used, all wheel studs must project into the hex portion of the lug nut by a distance equal to at least one diameter of the stud.

4.8.12. Minimum width of any tire on any axle of a modified vehicle will be five (5) inches.

4.9. Miscellaneous.

4.9.1. If equipped with an automatic transmission, it must be equipped with an interlock that causes the engine starter to be inoperative when the transmission shift lever is in a forward or reverse drive position unless it is OEM.

W. Va. Code R. § 81-4-4