ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3240
(
By Delegates White and Kominar
)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT to amend and reenact §17F-1-2 of the Code of West Virginia,
1931, as amended, relating to all-terrain vehicle rider safety
awareness courses; authorizing the commissioner of Motor
Vehicles to authorize state institutions of higher education
to issue certificates of completion; and limiting the
liability of the state institutions of higher education which
operate, own, train or promote all-terrain vehicle rider
safety awareness courses approved by the commissioner.
Be it enacted by the Legislature of West Virginia:
That §17F-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
§17F-1-2. Safety awareness courses.
(a) The Commissioner of Motor Vehicles shall offer a free
all-terrain vehicle rider safety awareness course, and may approve other all-terrain vehicle rider safety awareness courses, to meet
the reasonably anticipated needs of the public. The commissioner
shall offer free safety awareness course materials to authorized
dealers of all-terrain vehicles for use by purchasers and potential
purchasers free of charge.
(b) The commissioner shall issue certificates of completion to
persons who satisfactorily complete the requirements of an approved
course. The commissioner may authorize a dealer of all-terrain
vehicles and other approved providers to issue the certificates of
completion. The commissioner may authorize a state institution of
higher education, which is the operator, owner, trainer or promoter
of an all-terrain vehicle rider safety awareness course approved by
the commissioner, pursuant to subsection (a) of this section, to
issue the certificates of completion on behalf of the commissioner.
(c) No person under the age of eighteen may operate an
all-terrain vehicle without a certificate of completion of a
vehicle rider safety awareness course as offered or approved by the
commissioner.
(d) The provisions of subsection (c) of this section do not
apply to the operation of an all-terrain vehicle on any private or
public recreational trail or area or affiliated trail or area
operated by a person or entity which has in place a safety program.
(e) No state institution of higher education, which operates,
owns, trains or promotes an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to this
section, is liable for personal injuries to, or for the death of,
a rider that may occur during an approved all-terrain vehicle rider
safety awareness course, unless an employee or agent of the state
institution of higher education's acts or omissions are with
malicious purpose, in bad faith, or undertaken in a wanton or
reckless manner.
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