House passes ‘freedom from leg cramps’ bill to allow WV motorcyclists to stand while driving

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by Amelia Ferrell Knisely, West Virginia Watch
March 19, 2025

Motorcyclists would be able to stand up while operating their vehicle, according to a bill that passed the House of Delegates Wednesday.

“This is a freedom from leg cramps bill,” said Del. Chris Phillips, R-Barbour, a co-sponsor of the legislation.

House Bill 2752 would allow riders to operate a motorcycle or moped while standing as long as the rider is facing forward with their feet on the pedals. It is currently banned under state law.

According to Phillips, citations have been issued for motorcyclists who weren’t seated while driving.

The bill passed the House 80-17, but not before Del. Shawn Fluharty, D-Ohio, criticized the GOP supermajority for what he said was another unnecessary piece of legislation this session.

“Another hard hitting piece of legislation here in the House of Delegates,” Fluharty said. “If we lined up all the bills that did nothing for the state of West Virginia, Evel Knievel would struggle himself to make it over it. This is insane.”

Vroom, vroom, West Virginia! Today we had a super important bill about standing up on a motorcycle. Hard hitting stuff. pic.twitter.com/4Jk3GJODpR
— Shawn Fluharty (@WVUFLU) March 19, 2025

Bill sponsor Del. Kathie Hess Crouse, R-Putnam, said standing up would help motorcyclists with enhanced visibility, better balance and additional shock absorption on rough terrain. Motorcyclists are instructed to stand up in certain situations as part of their required instruction to obtain a motorcycle license, she said.

“This isn’t the ability to do tricks or anything,” she said. “This bill is necessary. We are seeking to match up our state law with what is given in the courses that everyone has to take.”

House members engaged in a lengthy debate Tuesday about a proposed bill amendment that would have also removed the helmet requirement for motorcyclists over age 21. Current state law requires all motorcyclists to wear protective headgear, regardless of age.

Several lawmakers in support of the amendment said it was “a freedom” issue.

Del. Dave Foggin, R-Wood, sponsored the amendment, saying, “It’s about the personal choice for an adult to wear a helmet when they’re riding a motorcycle.”

Other lawmakers said that the current law hurt the state’s tourism industry since Ohio and Kentucky do not have a motorcycle helmet requirement.

The House rejected the amendment after hearing concerns from some lawmakers about rider safety.

“It saves lives,” said Del. John Paul Hott, R-Grant.

The bill now goes to the Senate for consideration.

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West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.