West Virginia Windshield Mounting Laws
West Virginia law does not include a specific statute that addresses windshield-mounted devices such as GPS units, phone holders, or dashcams by name. Instead, the state regulates windshield obstructions through two statutes in West Virginia Code Chapter 17C: W. Va. Code 17C-15-36, which covers windshield obstruction, and W. Va. Code 17C-15-36a, which covers sun-screening devices and window tinting.
This guide explains what you can and cannot mount on your windshield in West Virginia, the tinting rules, how the 2023 hands-free law affects device mounting, and the penalties for violations.
West Virginia Windshield Obstruction Law (W. Va. Code 17C-15-36)
The primary statute governing windshield-mounted devices is W. Va. Code 17C-15-36. The statute states that no person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.
This language does not prohibit mounting devices on the windshield. It prohibits mounting them in a way that blocks the driver's view. The legal test is functional: does the device, as positioned, obstruct the driver's ability to see the road, traffic, and surroundings?
What W. Va. Code 17C-15-36 Covers
The statute addresses several requirements for windshields:
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Obstruction prohibition: Drivers cannot operate vehicles with any sign, poster, or other nontransparent material on the front windshield, side wings, or side or rear windows that blocks the driver's view of the road or intersecting highways.
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Wiper device requirement: Every motor vehicle windshield must have a cleaning device for removing rain, snow, or other moisture, constructed to be controlled by the driver.
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Maintenance standard: Windshield wipers must be maintained in good working order at all times.
The obstruction prohibition is the provision most relevant to phone mounts, GPS devices, and dashcams. Because the statute targets materials that obstruct the driver's clear view, a small device positioned in a corner of the windshield that does not block the driver's line of sight is generally permissible.
Penalties for Obstruction Violations
Violating W. Va. Code 17C-15-36 is classified as an equipment violation under Chapter 17C, Article 15 of the West Virginia Code. Equipment violations in West Virginia are treated as traffic infractions. Fines vary by county and jurisdiction but typically range from $25 to $100, plus court costs.
If a windshield obstruction contributes to an accident, the driver may face additional civil liability. An obstruction that causes or contributes to a crash strengthens negligence claims in lawsuits and can result in elevated charges.
Sun-Screening Devices and Window Tinting (W. Va. Code 17C-15-36a)
W. Va. Code 17C-15-36a governs window tinting, sun-screening devices, and prohibited materials on vehicle windows. This statute sets specific transparency and reflectivity standards for all windows on vehicles registered in West Virginia.
Windshield Tint Requirements
| Rule | Requirement |
|---|---|
| Tint strip location | Top of the windshield only, above the AS-1 line or within 5 inches from the top (whichever is closer to the top) |
| Tint type | Must be non-reflective |
| Prohibited colors | Red, yellow, and amber |
| Full windshield tint | Not permitted at any VLT level |
The AS-1 line is a marking etched into the glass by the manufacturer, typically located 4 to 6 inches from the top of the windshield. West Virginia law uses the AS-1 line or the five-inch measurement, whichever is closer to the top of the windshield, as the maximum extent for applied tint material.
Other Window Tint Limits
| Window | Minimum VLT | Maximum Reflectivity |
|---|---|---|
| Windshield (top strip only) | Non-reflective, no color restriction beyond red/yellow/amber | N/A |
| Front side windows | 35% | 20% |
| Rear side windows | 35% | 20% |
| Rear window | 35% | 20% |
All side and rear windows must allow at least 35% visible light transmittance (VLT) and cannot exceed 20% reflectivity. These standards apply to the combination of factory glass and any aftermarket tinting material.
Medical Exemptions
West Virginia allows medical exemptions for window tinting. Individuals with a physician-certified medical condition that makes sun protection necessary may use non-compliant tinting. The driver must carry documentation of the medical exemption in the vehicle at all times.
Penalties for Tint Violations
Violating the sun-screening device provisions of W. Va. Code 17C-15-36a is a misdemeanor. Upon conviction, the fine is up to $200. No points are assessed on the driver's license for a tint violation, but a citation remains on the driving record.
Exemptions from Tint Law
The following vehicles are exempt from the tinting restrictions:
- Law enforcement vehicles
- Vehicles used for emergency animal transport
- Vehicles with factory-installed tint that met federal standards at the time of manufacture
GPS and Navigation Device Mounts
West Virginia permits GPS and navigation devices to be mounted on the windshield. The key legal requirements are:
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The device must not obstruct the driver's view. Position the mount so it does not block your line of sight to the road, traffic signals, or pedestrians.
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The display must show navigation, not entertainment. Under W. Va. Code 17C-14-15, watching video (other than navigation content) on a wireless device while driving is prohibited.
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You must use the device hands-free. Under the 2023 Electronically Distracted Driving Act, you cannot hold or manually interact with any wireless device while driving. A securely mounted GPS that you operate by voice commands or set up before driving is compliant.
Best Placement Practices
For legal compliance, mount GPS devices in these locations:
- Lower corner of the windshield (driver or passenger side), below the line of sight to the road ahead
- On the dashboard, using a dashboard mount or friction pad
- Behind the rearview mirror, if the device is small enough not to extend beyond the mirror's profile
Avoid mounting a GPS in the center of the windshield at eye level. While not explicitly banned by statute, this placement creates the strongest argument for an obstruction citation.
Phone Mounts and the Hands-Free Law
West Virginia's Electronically Distracted Driving Act, also known as the Robin W. Ames Memorial Act, was codified as W. Va. Code 17C-14-15 and took effect on June 9, 2023. This law fundamentally changed how drivers can interact with phones in vehicles and makes windshield phone mounts more relevant than before.
What W. Va. Code 17C-14-15 Prohibits
The law prohibits drivers from:
- Physically holding or supporting a wireless telecommunications device or stand-alone electronic device with any part of the body (smartwatches are excepted)
- Writing, sending, or reading text-based communications
- Making phone calls or voice messages without hands-free technology
- Manually entering information into websites or applications
- Watching videos other than navigation-related content
- Recording or broadcasting video while driving
- Playing games on a device
How Phone Mounts Help You Comply
A phone mount is one of the approved hands-free methods under the law. A "voice-operated or hands-free feature or function" is defined as a feature that allows a person to use a wireless telecommunications device without the use of either hand, except to activate, deactivate, or initiate the feature with a single touch or single swipe.
When your phone is securely mounted on the windshield or dashboard, you can:
- Use voice-activated calling and messaging
- Follow GPS navigation displayed on the screen
- Use CarPlay or Android Auto through the vehicle's system
- Accept calls through Bluetooth while the phone remains in the mount
You still cannot manually interact with the phone while the vehicle is in motion beyond a single touch or swipe. Setting your destination, queuing music, or sending a text must be done before you start driving or while the vehicle is safely parked.
Penalties for Hands-Free Law Violations
| Offense | Maximum Fine | License Points |
|---|---|---|
| First offense | $100 | None |
| Second offense (within 24 months) | $200 | None |
| Third or subsequent offense (within 24 months) | $350 | 3 points |
A third or subsequent conviction within 24 months may also result in a 90-day license suspension. If distracted driving causes injury or death, enhanced penalties apply, including possible incarceration.
Exemptions from the Hands-Free Law
The law does not apply to:
- Individuals contacting emergency services (911)
- Utility workers responding to utility emergencies
- Public safety personnel acting in their official capacity
- Commercial vehicle drivers using data terminals installed in the vehicle
- Drivers in vehicles that are lawfully parked
School Bus Operator Restrictions
School bus operators face stricter rules under the same statute. Bus drivers cannot use any wireless device while loading or unloading passengers, while the bus is in motion, while stationary in traffic, or while at a traffic signal. The only exception is communicating with school officials or public safety personnel.
Restrictions for Novice Drivers
Drivers holding a level one or level two instruction permit are prohibited from using any wireless device while driving, even with hands-free technology. This restriction is stricter than the general rule and effectively bans all phone use for permit holders.
Dashcam Rules in West Virginia
West Virginia does not have a statute specifically addressing dashcams or video event recorders. A dashcam is treated the same as any other windshield-mounted device under the general obstruction statute.
Legal Requirements for Dashcams
- The dashcam must not obstruct the driver's view of the road (W. Va. Code 17C-15-36)
- The dashcam display must not show visual entertainment to the driver while driving
- The dashcam itself must be positioned so it does not create a significant blind spot
Recommended Dashcam Placement
The safest legal placement for a dashcam in West Virginia is behind the rearview mirror, where the camera has a clear view of the road ahead without blocking the driver's line of sight. Small, compact dashcams that fit within the profile of the rearview mirror area are the least likely to draw a citation.
Dashboard-mounted dashcams are also permitted and avoid windshield obstruction concerns entirely.
Audio Recording Considerations
West Virginia is a one-party consent state for audio recordings. As the vehicle owner and operator, you can legally record conversations inside your own vehicle without notifying passengers. However, it is good practice to inform passengers that a dashcam with audio recording is in use.
Toll Transponders and Required Stickers
West Virginia participates in the E-ZPass toll system for the West Virginia Turnpike and other toll facilities. E-ZPass transponders mount on the inside of the windshield and are legally permitted.
The standard installation location is on the inside of the windshield behind the rearview mirror. This placement keeps the transponder out of the driver's direct line of sight and within the area that does not create an obstruction.
Government-issued stickers and inspection certificates that are required by law are also exempt from the windshield obstruction prohibition.
Windshield Damage and Replacement
West Virginia law requires that the windshield be free from damage that obstructs the driver's view. While the statute does not specify exact crack dimensions, enforcement follows these general principles:
When Windshield Damage May Result in a Citation
- Cracks or chips in the driver's direct line of sight
- Extensive spiderweb cracking that distorts visibility
- Multiple cracks or chips that collectively impair the view
- Damage that compromises the structural integrity of the windshield
When Damage Is Typically Allowed
- Small chips outside the driver's line of sight
- Minor cracks that do not extend into the driver's viewing area
- Damage on the passenger side that does not affect the driver's vision
Summary of West Virginia Windshield Laws
| Topic | Statute | Key Rule |
|---|---|---|
| Windshield obstruction | W. Va. Code 17C-15-36 | No nontransparent material that obstructs the driver's clear view |
| Windshield tint | W. Va. Code 17C-15-36a | Top of windshield only (AS-1 line or 5 inches), non-reflective, no red/yellow/amber |
| Front side window tint | W. Va. Code 17C-15-36a | Minimum 35% VLT, maximum 20% reflectivity |
| Rear window tint | W. Va. Code 17C-15-36a | Minimum 35% VLT, maximum 20% reflectivity |
| Hands-free driving | W. Va. Code 17C-14-15 | No holding or manually using wireless devices while driving |
| Tint violation penalty | W. Va. Code 17C-15-36a | Misdemeanor, fine up to $200 |
| Hands-free violation | W. Va. Code 17C-14-15 | $100 first offense, up to $350 third offense |