West Virginia Windshield Mounting Laws

West Virginia permits dashcams, GPS units, and phone mounts on the windshield under W. Va. Code 17C-15-36, provided the device does not obstruct the driver's clear view of the highway. Safe placements include the lower windshield corners, behind the rearview mirror, or on the dashboard.

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:

• 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.

• 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.

• 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

West Virginia traffic law has no "infraction" category for this. Section 17C-15-36 sits in Article 15, and W. Va. Code 17C-15-1(a) makes it a misdemeanor for any person to drive a vehicle that "is equipped in any manner in violation of this article." Because section 36 sets no penalty of its own, the chapter-wide penalty section supplies one.

Under W. Va. Code 17C-18-1, a first conviction carries a fine of not more than $100 or imprisonment for not more than 10 days. A second conviction within one year carries a fine of not more than $200 or imprisonment for not more than 20 days, or both. A third or subsequent conviction carries a fine of not more than $500 or imprisonment for not more than six months, or both. Court costs are added on top of any fine.

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

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

Front side windows adjacent to the driver 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.

The Exception for Windows Behind the Driver

The 35% rule does not reach every vehicle. W. Va. Code 17C-15-36a(g) provides that the light transmittance requirement of the section does not apply to windows behind the driver on trucks, buses, trailers, mobile homes, and multipurpose passenger vehicles.

Subsection (h) defines a multipurpose passenger vehicle as a motor vehicle designed to carry ten persons or less that is constructed either on a truck chassis or with special features for occasional off-road operation. That definition covers many SUVs. So on a passenger car the 35% floor applies to the rear side windows and the rear window, while on a pickup, van, bus, or qualifying SUV it does not. The front side windows adjacent to the driver are never covered by this exception.

Medical Exemptions

West Virginia allows medical exemptions for window tinting. The exemption runs on an affidavit signed by a physician or an optometrist licensed to practice in this state, stating that the person has a physical condition that makes the non-compliant sun-screening material necessary. The affidavit must be in the possession of the affected person at all times when the vehicle is being operated.

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 exemptions in W. Va. Code 17C-15-36a(a) are narrower than they are often described:

• Law-enforcement K-9 and other emergency vehicles that are designed to haul animals
• Unmarked law-enforcement vehicles primarily used for covert or undercover enforcement (the statute bars an unmarked vehicle exempted this way from engaging in routine traffic stops)
• Automobiles that have sun-screening devices installed at the factory by the manufacturer

Note what is not on that list: an ordinary marked police cruiser that is not designed to haul animals has no tint exemption, and the factory-tint exemption turns on the glazing having been installed by the manufacturer, not on a driver's belief that it met a federal standard.

GPS and Navigation Device Mounts

West Virginia permits GPS and navigation devices to be mounted on the windshield. The key legal requirements are:

1. 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.

2. 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.

3. 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, posting, sending, or broadcasting video, including a video conference, on a wireless telecommunications device or stand-alone electronic device
• Playing games on a device

The video-recording prohibition carries a proviso that matters for dashcam owners. W. Va. Code 17C-14-15(e)(7) states that the prohibition "does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle." That carve-out is what keeps a continuously recording dashcam legal under the hands-free act.

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

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

West Virginia's graduated licensing statute, W. Va. Code 17B-2-3A, adds a stricter rule, and it is keyed to the driver's age rather than to the type of credential. A holder of a level one instruction permit, a level two intermediate driver's license, or a level three driver's license who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle unless the use is for contacting a 9-1-1 system.

Two points follow that readers often get backwards. First, the restriction reaches level three license holders too, so a 17-year-old with a full driver's license is still barred from any use other than an emergency call. Second, hands-free technology does not cure it: for an under-18 driver, a mounted phone operated entirely by voice is still prohibited unless the call is to 9-1-1. A driver who is 18 or older is governed by the general hands-free rule in 17C-14-15.

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

The hands-free act's ban on recording or broadcasting video while driving does not reach dashcams. W. Va. Code 17C-14-15(e)(7) expressly excludes electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle. A camera that runs continuously on its own is outside the prohibition; picking up your phone to start or stop a recording while driving is not.

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. Transponders are permitted by an express statute, not by inference. W. Va. Code 17-16D-8 provides that an electronic toll collection device "properly affixed to the front windshield of a vehicle in accordance with rules promulgated by the Parkways Authority, or is mounted elsewhere on a vehicle in accordance with mounting instructions of the manufacturer of the device included with the device, or is otherwise used in a manner that makes it operate as intended, is not a violation of section thirty-six, article fifteen, chapter seventeen-c of this code."

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.

Do not read that carve-out as a general one. Section 17C-15-36 contains no exemption for government-issued stickers or inspection certificates, and the fact that the Legislature had to pass 17-16D-8 to protect transponders is a reason to assume other windshield items are not impliedly exempt. A vehicle does have to display a current certificate of inspection and approval under W. Va. Code 17C-16-9; place it, and anything else you affix to the glass, outside the driver's line of sight.

Windshield Damage and Replacement

W. Va. Code 17C-15-36 is not the source of West Virginia's cracked-windshield rules. That section reaches a sign, poster, or other nontransparent material placed upon the glass, and a crack in the glass is not material placed upon it.

Damage to the glass itself runs through the state's periodic inspection program instead. W. Va. Code 17C-16-4 directs the superintendent of the West Virginia State Police to require periodic inspection and authorizes the rules that administer it, and W. Va. Code 17C-16-9 makes it a misdemeanor to operate a vehicle without a current and valid certificate of inspection and approval displayed on it. The rejection criteria for cracked or chipped glass live in those inspection rules rather than in the windshield obstruction statute, so check the current rule or ask your inspection station before assuming a particular crack does or does not disqualify a vehicle.

Windshield Damage Most Likely to Cause a Problem

• 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

More West Virginia Laws

• West Virginia Lemon Law
• West Virginia Car Seat Laws
• West Virginia Sexting Laws
• West Virginia Statute of Limitations