No, applying makeup while driving in West Virginia is not explicitly prohibited by state statute, but it may violate broader distracted driving laws. The West Virginia Division of Motor Vehicles (DMV) interprets §17C-10-2 of the West Virginia Code to encompass any activity diverting attention from the road, including personal grooming. Local jurisdictions, such as Charleston or Morgantown, may impose stricter municipal ordinances. Courts have upheld convictions under reckless driving provisions when makeup application impairs vehicle control.
Key Regulations for Applying Makeup While Driving in West Virginia
- Distracted Driving Statute (§17C-10-2): Prohibits any action that diverts attention from safe operation, including grooming. Violations may result in fines up to $100 or license suspension under habitual offender rules.
- Reckless Driving (§17C-5A-1): Courts may classify makeup application as reckless if it causes swerving, delayed reactions, or accidents, leading to misdemeanor charges and 30-day license revocations.
- Local Ordinances: Municipalities like Huntington have enacted resolutions targeting “personal grooming while driving,” enabling law enforcement to issue citations under public safety codes, effective January 2026.
The West Virginia DMV’s 2024 Driver’s Manual explicitly lists “applying cosmetics” as a distraction, aligning with National Highway Traffic Safety Administration (NHTSA) guidelines. While no standalone law exists, enforcement hinges on observable impairment or erratic driving. Drivers cited under distracted or reckless driving statutes face escalating penalties, including mandatory defensive driving courses.