Electric Scooters are legal - within the relevant regulations and local variation

As of 2026, West Virginia remains one of the few states without a specific, unified statewide statute for electric foot scooters.
E-scooters occupy a legal space between play vehicles and motor-driven cycles (W. Va. Code § 17C-1-5).
While an e-bike law was passed in 2020, the regulation of stand-up electric scooters continues to fall largely to individual municipalities, creating a patchwork of rules across the state - which makes checking your local regulations essential.
State-level classification and definition
Under the West Virginia Code, electric scooters are typically viewed through existing vehicle categories when operated on public roads.
Design: A device with two or three wheels, a floorboard, and handlebars.
Power: Equipped with an electric motor.
Moped Distinction: If a device has an independent power source of less than 2 brake horsepower and is limited to 30 mph or less, it may be classified as a moped, which technically requires titling and registration.
Legal Gray Area: Because many foot scooters do not meet the equipment requirements for mopeds (such as turn signals or specific height requirements), they are often regulated locally as "personal mobility devices."
2026 Legislative Updates
As of January 2026, the West Virginia Legislature is reviewing several proposals to adopt a uniform "Electric Foot Scooter" definition to align with neighboring states.
Current Status: Registration and insurance are not currently required for private e-scooters at the state level, provided they are used according to municipal ordinances.
Pending Change: New proposals aim to explicitly exempt e-scooters from the "motor-driven cycle" classification to remove the threat of registration and licensing requirements. This would be an improvement for e-scooter riders.
Licensing and age requirements
License: No driver’s license is required for electric scooters that fall under local micromobility rules. However, if a device is fast enough to be classified as a moped (over 30 mph), a valid Class D license is required.
Minimum Age: While the state has no set age for private scooters, most city ordinances (like Charleston and Wheeling) set the minimum age at 16 or 18 years old.
Performance and equipment limits
To be street-legal in most West Virginia cities, a scooter must be equipped with the following:
Brakes: A functional system capable of bringing the device to a controlled stop.
Speed: Local limits typically cap operation at 25 mph on city streets.
Night Lighting: A white front lamp visible from 500 feet and a red rear light or reflector are required for use between sunset and sunrise.
Side Visibility: Reflectors or reflective material are required on the sides for visibility.
Operational rules and permitted areas
Riding locations are strictly determined by local municipal ordinances.
Roadways: Generally permitted on streets with speed limits of 30 mph or less. Riders must stay as far to the right as practicable.
Sidewalks: State-level "play vehicle" rules permit sidewalk use, but major cities like Charleston and Wheeling have banned e-scooters on sidewalks in business districts.
Interstates: Motorized scooters are strictly forbidden on all interstate highways and high-speed state routes.
Municipal variations
Local ordinances in 2026 reflect a focus on urban safety and trail access.
| City | Min. Age | Speed Cap | Sidewalk Access |
| Charleston | 16 | 25 mph | Prohibited in business districts |
| Wheeling | 18 | 25 mph | Prohibited citywide |
| Morgantown | 16 | 15 mph | Prohibited on downtown sidewalks |
Helmet laws
Mandatory: Every person operating an electric scooter who is under 15 years of age must wear a bicycle helmet that meets ANSI or Snell standards.
Adults: Riders 15 and older are not legally required to wear a helmet under state law, though local ordinances and shared-scooter programs often require them.

Disclaimer: Bo USA Inc. endeavours to keep these documents up to date and relevant, however does not in any manner guarantee the accuracy of the included findings regarding electric scooter laws in the United States. Always carry out secondary research to validate any statement - and refer directly to the relevant authority before presuming accuracy.
Electric scooter riders or those considering to purchase or begin riding electric scooters should refer to their local governments to obtain the most up-to-date information on the applicable, local legal standing of scooters.
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