Senate Bill No. 542
(By Senators Stollings, Williams, Fanning, Chafin, D. Facemire
and Boley)
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[Introduced February 11, 2010; referred to the Committee on
Transportation and Infrastructure.]
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A BILL to amend and reenact §17A-1-1 of the Code of West Virginia,
1931, as amended; to amend and reenact §17A-6-1 of said code;
and to amend and reenact §17F-1-9 of said code, all relating
to a revision of the definition of "all-terrain vehicle" and
the inclusion of a definition for utility terrain vehicle.
Be it enacted by the Legislature of West Virginia:
That §17A-1-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §17A-6-1 of said code be amended and
reenacted; and that §17F-1-9 of said code be amended and reenacted,
all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17A-1-1. Definitions.
Except as otherwise provided in this chapter, the following words and phrases, when used in this chapter, shall have the
meanings respectively ascribed to them in this article:
(a) "Vehicle" means every device in, upon or by which any
person or property is or may be transported or drawn upon a
highway, excepting devices moved by human power or used exclusively
upon stationary rails or tracks.
(b) "Motor vehicle" means every vehicle which is self-
propelled and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon rails.
(c) "Motorcycle" means every motor vehicle, including motor-
driven cycles and mopeds as defined in sections five and five-a,
article one, chapter seventeen-c of this code, having a saddle for
the use of the rider and designed to travel on not more than three
wheels in contact with the ground, but excluding a tractor.
(d) "School bus" means every motor vehicle owned by a public
governmental agency and operated for the transportation of children
to or from school or privately owned and operated for compensation
for the transportation of children to or from school.
(e) "Bus" means every motor vehicle designed to carry more
than seven passengers and used to transport persons; and every
motor vehicle, other than a taxicab, designed and used to transport
persons for compensation.
(f) "Truck tractor" means every motor vehicle designed and
used primarily for drawing other vehicles and not so constructed as
to carry a load other than a part of the weight of the vehicle and load so drawn.
(g) "Farm tractor" means every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines
and other implements of husbandry.
(h) "Road tractor" means every motor vehicle designed, used or
maintained for drawing other vehicles and not so constructed as to
carry any load thereon either independently or any part of the
weight of a vehicle or load so drawn.
(i) "Truck" means every motor vehicle designed, used or
maintained primarily for the transportation of property.
(j) "Trailer" means every vehicle with or without motive power
designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that no part of its weight rests
upon the towing vehicle, but excluding recreational vehicles.
(k) "Semitrailer" means every vehicle with or without motive
power designed for carrying persons or property and for being drawn
by a motor vehicle and so constructed that some part of its weight
and that of its load rests upon or is carried by another vehicle.
(l) "Pole trailer" means every vehicle without motive power
designed to be drawn by another vehicle and attached to the towing
vehicle by means of a reach, or pole, or by being boomed or
otherwise secured to the towing vehicle and ordinarily used for
transporting long or irregularly shaped loads such as poles, pipes
or structural members capable, generally, of sustaining themselves
as beams between the supporting connections.
(m) "Specially constructed vehicles" means every vehicle of a
type required to be registered hereunder not originally constructed
under a distinctive name, make, model or type by a generally
recognized manufacturer of vehicles and not materially altered from
its original construction.
(n) "Reconstructed vehicle" means every vehicle of a type
required to be registered hereunder materially altered from its
original construction by the removal, addition or substitution of
essential parts, new or used.
(o) "Essential parts" means all integral and body parts of a
vehicle of a type required to be registered hereunder, the removal,
alteration or substitution of which would tend to conceal the
identity of the vehicle or substantially alter its appearance,
model, type or mode of operation.
(p) "Foreign vehicle" means every vehicle of a type required
to be registered hereunder brought into this state from another
state, territory or country other than in the ordinary course of
business by or through a manufacturer or dealer and not registered
in this state.
(q) "Implement of husbandry" means every vehicle which is
designed for or adapted to agricultural purposes and used by the
owner thereof primarily in the conduct of his or her agricultural
operations, including, but not limited to, trucks used for spraying
trees and plants: Provided, That the vehicle may not be let for
hire at any time.
(r) "Special mobile equipment" means every self-propelled
vehicle not designed or used primarily for the transportation of
persons or property and incidentally operated or moved over the
highways, including, without limitation, road construction or
maintenance machinery, ditch-digging apparatus, stone crushers, air
compressors, power shovels, graders, rollers, well-drillers, wood-
sawing equipment, asphalt spreaders, bituminous mixers, bucket
loaders, ditchers, leveling graders, finishing machines, motor
graders, road rollers, scarifiers, earth-moving carryalls,
scrapers, drag lines, rock-drilling equipment and earth-moving
equipment. The foregoing enumeration shall be deemed partial and
may not operate to exclude other such vehicles which are within the
general terms of this subdivision.
(s) "Pneumatic tire" means every tire in which compressed air
is designed to support the load.
(t) "Solid tire" means every tire of rubber or other resilient
material which does not depend upon compressed air for the support
of the load.
(u) "Metal tire" means every tire the surface of which in
contact with the highway is wholly or partly of metal or other
hard, nonresilient material.
(v) "Commissioner" means the Commissioner of Motor Vehicles of
this state.
(w) "Division" means the Division of Motor Vehicles of this
state acting directly or through its duly authorized officers and agents.
(x) "Person" means every natural person, firm, copartnership,
association or corporation.
(y) "Owner" means a person who holds the legal title to a
vehicle, or in the event a vehicle is the subject of an agreement
for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee, or in the event a mortgagor of a vehicle is
entitled to possession, then the conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this
chapter.
(z) "Nonresident" means every person who is not a resident of
this state.
(aa) "Dealer" or "dealers" is a general term meaning,
depending upon the context in which used, either a new motor
vehicle dealer, used motor vehicle dealer, factory-built home
dealer, recreational vehicle dealer, trailer dealer or motorcycle
dealer, as defined in section one, article six of this chapter, or
all of the dealers or a combination thereof and, in some instances,
a new motor vehicle dealer or dealers in another state.
(bb) "Registered dealer" or "registered dealers" is a general
term meaning, depending upon the context in which used, either a
new motor vehicle dealer, used motor vehicle dealer, house trailer
dealer, trailer dealer, recreational vehicle dealer or motorcycle dealer, or all of the dealers or a combination thereof, licensed
under the provisions of article six of this chapter.
(cc) "Licensed dealer" or "licensed dealers" is a general term
meaning, depending upon the context in which used, either a new
motor vehicle dealer, used motor vehicle dealer, house trailer
dealer, trailer dealer, recreational vehicle dealer or motorcycle
dealer, or all of the dealers or a combination thereof, licensed
under the provisions of article six of this chapter.
(dd) "Transporter" means every person engaged in the business
of delivering vehicles of a type required to be registered
hereunder from a manufacturing, assembling or distributing plant to
dealers or sales agents of a manufacturer.
(ee) "Manufacturer" means every person engaged in the business
of constructing or assembling vehicles of a type required to be
registered hereunder at a place of business in this state which is
actually occupied either continuously or at regular periods by the
manufacturer where his or her books and records are kept and a
large share of his or her business is transacted.
(ff) "Street" or "highway" means the entire width between
boundary lines of every way publicly maintained when any part
thereof is open to the use of the public for purposes of vehicular
travel.
(gg) "Motorboat" means any vessel propelled by an electrical,
steam, gas, diesel or other fuel propelled or driven motor, whether
or not the motor is the principal source of propulsion, but may not include a vessel which has a valid marine document issued by the
bureau of customs of the United States government or any federal
agency successor thereto.
(hh) "Motorboat trailer" means every vehicle designed for or
ordinarily used for the transportation of a motorboat.
(ii) "All-terrain vehicle" (ATV) means any motor vehicle
designed for off-highway use and designed to travel on not less
than three low-pressure tires, having a seat or saddle designed to
be straddled by the operator and handlebars for steering control
and intended by the manufacturer to be used by a single operator or
by an operator and no more than one passenger.
(jj) "Travel trailer" means every vehicle, mounted on wheels,
designed to provide temporary living quarters for recreational,
camping or travel use of such size or weight as not to require
special highway movement permits when towed by a motor vehicle and
of gross trailer area less than four hundred square feet.
(kk) "Fold down camping trailer" means every vehicle
consisting of a portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towing by another
vehicle and unfold at the camp site to provide temporary living
quarters for recreational, camping or travel use.
(ll) "Motor home" means every vehicle, designed to provide
temporary living quarters, built into an integral part of or
permanently attached to a self-propelled motor vehicle, chassis or
van including: (1) Type A motor home built on an incomplete truck chassis with the truck cab constructed by the second stage
manufacturer; (2) Type B motor home consisting of a van-type
vehicle which has been altered to provide temporary living
quarters; and (3) Type C motor home built on an incomplete van or
truck chassis with a cab constructed by the chassis manufacturer.
(mm) "Snowmobile" means a self-propelled vehicle intended for
travel primarily on snow and driven by a track or tracks in contact
with the snow and steered by a ski or skis in contact with the
snow.
(nn) "Recreational vehicle" means a motorboat, motorboat
trailer, all-terrain vehicle, travel trailer, fold down camping
trailer, motor home or snowmobile.
(oo) "Mobile equipment" means every self-propelled vehicle not
designed or used primarily for the transportation of persons or
property over the highway but which may infrequently or
incidentally travel over the highways among job sites, equipment
storage sites or repair sites, including farm equipment, implements
of husbandry, well-drillers, cranes and wood-sawing equipment.
(pp) "Factory-built home" includes mobile homes, house
trailers and manufactured homes.
(qq) "Manufactured home" has the same meaning as the term is
defined in section two, article nine, chapter twenty-one of this
code which meets the federal Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. §5401, et seq.), effective
on June 15, 1976 and the federal manufactured home construction and safety standards and regulations promulgated by the secretary of
the United States department of housing and urban development.
(rr) "Mobile home" means a transportable structure that is
wholly, or in substantial part, made, fabricated, formed or
assembled in manufacturing facilities for installation or assembly
and installation on a building site and designed for long-term
residential use and built prior to enactment of the federal
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. §5401, et seq.), effective on June 15, 1976, and usually
built to the voluntary industry standard of the American national
standards institute (ANSI) -- A119.1 standards for mobile homes.
(ss) "House trailers" means all trailers designed and used for
human occupancy on a continual nonrecreational basis, but may not
include fold down camping and travel trailers, mobile homes or
manufactured homes.
(tt) "Parking enforcement vehicle" means a motor vehicle which
does not fit into any other classification of vehicle in this
chapter, has three or four wheels and is designed for use in an
incorporated municipality by a city, county, state or other
governmental entity primarily for parking enforcement or other
governmental purposes with an operator area with sides permanently
enclosed with rigid construction and a top which may be
convertible, sealed beam headlights, turn signals, brake lights,
horn, at least one rear view mirror on each side and such other
equipment that will enable it to pass a standard motorcycle vehicle inspection.
(uu) "Low-speed vehicle" means a four-wheeled motor vehicle
whose attainable speed in one mile on a paved level surface is more
than twenty miles per hour but not more than twenty-five miles per
hour.
(vv) "Utility terrain vehicle" means any motor vehicle with
four or more low-pressure tires designed for off-highway use having
bench or bucket seating for each occupant and a steering wheel for
control.
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-1. Definitions.
(a) Unless the context in which used clearly requires a
different meaning, as used in this article:
(1) "New motor vehicle dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling five
or more new motor vehicles or new and used motor vehicles in any
fiscal year of a type required to be registered under the
provisions of this chapter, except, for the purposes of this
article only, motorcycles.
(2) "Used motor vehicle dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling five
or more used motor vehicles in any fiscal year of a type required
to be registered under the provisions of this chapter, except, for
the purposes of this article only, motorcycles.
(3) "House trailer dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling new
or used house trailers, or both, or new or used, or both, house
trailers and trailers or new or used, or both, manufactured homes
and mobile homes.
(4) "Trailer dealer" means every person (other than agents and
employees, if any, while acting within the scope of their authority
or employment), engaged in, or held out to the public to be engaged
in, the business in this state of selling new or used trailers.
(5) "Motorcycle dealer" means every person (other than agents
and employees, if any, while acting within the scope of their
authority or employment), engaged in, or held out to the public to
be engaged in, the business in this state of selling new or used
motorcycles.
(6) "Used parts dealer" means every person (other than agents
and employees, if any, while acting within the scope of their
authority or employment), engaged in, or held out to the public to
be engaged in, the business in this state of selling any used
appliance, accessory, member, portion or other part of any vehicle.
(7) "Wrecker/dismantler/rebuilder" means every person (other
than agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of dealing in
wrecked or damaged motor vehicles or motor vehicle parts for the
purpose of selling the parts thereof or scrap therefrom or who is
in the business of rebuilding salvage motor vehicles for the
purpose of resale to the public.
(8) "New motor vehicles" means all motor vehicles, except
motorcycles and used motor vehicles, of a type required to be
registered under the provisions of this chapter.
(9) "Used motor vehicles" means all motor vehicles, except
motorcycles, of a type required to be registered under the
provisions of this chapter which have been sold and operated, or
which have been registered or titled, in this or any other state or
jurisdiction.
(10) "House trailers" means all trailers designed and used for
human occupancy on a continual nonrecreational basis, but may not
include fold down camping and travel trailers, mobile homes or
manufactured homes.
(11) "Trailers" means all types of trailers other than house
trailers, and shall include, but not be limited to, pole trailers
and semitrailers but excluding recreational vehicles.
(12) "Sales instrument" means any document resulting from the
sale of a vehicle, which shall include, but not be limited to, a bill of sale, invoice, conditional sales contract, chattel
mortgage, chattel trust deed, security agreement or similar
document.
(13) "Sell", "sale" or "selling," in addition to the ordinary
definitions of the terms, includes offering for sale, soliciting
sales of, negotiating for the sale of, displaying for sale or
advertising for sale, any vehicle, whether at retail, wholesale or
at auction. "Selling," in addition to the ordinary definition of
that term, also includes buying and exchanging.
(14) "Applicant" means any person making application for an
original or renewal license certificate under the provisions of
this article.
(15) "Licensee" means any person holding any license
certificate issued under the provisions of this article.
(16) "Predecessor" means the former owner or owners or
operator or operators of any new motor vehicle dealer business or
used motor vehicle dealer business.
(17) "Established place of business" means, in the case of a
new motor vehicle dealer, a permanent location, not a temporary
stand or other temporary quarters, owned or leased by the licensee
or applicant and actually occupied or to be occupied by him or her,
as the case may be, which is or is to be used exclusively for the
purpose of selling new motor vehicles or new and used motor
vehicles, which shall have space under roof for the display of at
least one new motor vehicle and facilities and space therewith for the servicing and repair of at least one motor vehicle, which
servicing and repair facilities and space is adequate and suitable
to carry out servicing and to make repairs necessary to keep and
carry out all representations, warranties and agreements made or to
be made by the dealer with respect to motor vehicles sold by him or
her, which is easily accessible to the public, which conforms to
all applicable laws of this state and the ordinances of the
municipality in which it is located, if any, which displays thereon
at least one permanent sign, clearly visible from the principal
public street or highway nearest the location and clearly stating
the business which is or shall be conducted thereat, and which has
adequate facilities to keep, maintain and preserve records, papers
and documents necessary to carry on the business and to make the
business available to inspection by the commissioner at all
reasonable times: Provided, That each established place of
business shall have a display area which may be outside or inside
or a combination thereof of at least twelve hundred square feet
which is to be used exclusively for the display of vehicles which
are offered for sale by the dealer, office space of at least one
hundred forty-four square feet and a telephone listed in the name
of the dealership. Each established place of business shall be
open to the public a minimum of twenty hours per week at least
forty weeks per calendar year with at least ten of those hours
being between the hours of nine thirty a.m. and eight thirty p.m.,
Monday through Saturday: Provided, however, That the requirement of exclusive use is met even though: (A) Some new and any used
motor vehicles sold or to be sold by the dealer or sold or are to
be sold at a different location or locations not meeting the
definition of an established place of business of a new motor
vehicle dealer, if each location is or is to be served by other
facilities and space of the dealer for the servicing and repair of
at least one motor vehicle, adequate and suitable as aforesaid, and
each location used for the sale of some new and any used motor
vehicles otherwise meets the definition of an established place of
business of a used motor vehicle dealer; (B) house trailers,
trailers or motorcycles are sold or are to be sold thereat, if,
subject to the provisions of section five of this article, a
separate license certificate is obtained for each type of vehicle
business, which license certificate remains unexpired, unsuspended
and unrevoked; (C) farm machinery is sold thereat; (D) accessory,
gasoline and oil, or storage departments are maintained thereat, if
the departments are operated for the purpose of furthering and
assisting in the licensed business or businesses; and (E) the
established place of business has an attached single residential
rental unit with an outside separate entrance and occupied by a
person or persons with no financial or operational interest in the
dealership where the established place of business has space under
roof for the display of at least three new motor vehicles and
facilities and space therewith for the concurrent servicing and
repair of at least two motor vehicles and otherwise meets the requirements set forth in this subdivision.
(18) "Farm machinery" means all machines and tools used in the
production, harvesting or care of farm products.
(19) "Established place of business," in the case of a used
motor vehicle dealer, means a permanent location, not a temporary
stand or other temporary quarters, owned or leased by the licensee
or applicant and actually occupied or to be occupied by him or her,
as the case may be, which is or is to be used exclusively for the
purpose of selling used motor vehicles, which shall have facilities
and space therewith for the servicing and repair of at least one
motor vehicle, which servicing and repair facilities and space
shall be adequate and suitable to carry out servicing and to make
repairs necessary to keep and carry out all representations,
warranties and agreements made or to be made by the dealer with
respect to used motor vehicles sold by him or her, which is easily
accessible to the public, conforms to all applicable laws of this
state, and the ordinances of the municipality in which it is
located, if any, which displays thereon at least one permanent
sign, clearly visible from the principal public street or highway
nearest the location and clearly stating the business which is or
shall be conducted thereat, and which has adequate facilities to
keep, maintain and preserve records, papers and documents necessary
to carry on the business and to make the business available to
inspection by the commissioner at all reasonable times: Provided,
That each established place of business shall have a display area which may be outside or inside or a combination thereof of at least
twelve hundred square feet which is to be used exclusively for the
display of vehicles which are offered for sale by the dealer,
office space of at least one hundred forty-four square feet and a
telephone listed in the name of the dealership. Each established
place of business shall be open to the public a minimum of twenty
hours per week at least forty weeks per calendar year with at least
ten of those hours being between the hours of nine thirty a.m. and
eight thirty p.m., Monday through Saturday: Provided, however,
That if a used motor vehicle dealer has entered into a written
agreement or agreements with a person or persons owning or
operating a servicing and repair facility or facilities adequate
and suitable as aforesaid, the effect of which agreement or
agreements is to provide the servicing and repair services and
space in like manner as if the servicing and repair facilities and
space were located in or on the dealer's place of business, then,
so long as the agreement or agreements are in effect, it is not
necessary for the dealer to maintain the servicing and repair
facilities and space at the place of business in order for the
place of business to be an established place of business as herein
defined: Provided further, That the requirement of exclusive use
is met even though: (A) House trailers, trailers or motorcycles
are sold or are to be sold thereat, if, subject to the provisions
of section five of this article, a separate license certificate is
obtained for each type of vehicle business, which license certificate remains unexpired, unsuspended and unrevoked; (B) farm
machinery is sold thereat; (C) accessory, gasoline and oil, or
storage departments are maintained thereat, if the departments are
operated for the purpose of furthering and assisting in the
licensed business or businesses; and (D) the established place of
business has an attached single residential rental unit with an
outside separate entrance and occupied by a person or persons with
no financial or operational interest in the dealership where the
established place of business has space under roof for the display
of at least three motor vehicles and facilities and space therewith
for the concurrent servicing and repair of at least two motor
vehicles and otherwise meets the requirements set forth herein.
(20) "Established place of business," in the case of a house
trailer dealer, trailer dealer, recreational vehicle dealer,
motorcycle dealer, used parts dealer and wrecker or dismantler,
means a permanent location, not a temporary stand or other
temporary quarters, owned or leased by the licensee or applicant
and actually occupied or to be occupied by the licensee, as the
case may be, which is easily accessible to the public, which
conforms to all applicable laws of this state and the ordinances of
the municipality in which it is located, if any, which displays
thereon at least one permanent sign, clearly visible from the
principal public street or highway nearest the location and clearly
stating the business which is or shall be conducted thereat, and
which has adequate facilities to keep, maintain and preserve records, papers and documents necessary to carry on the business
and to make the business available to inspection by the
commissioner at all reasonable times.
(21) "Manufacturer" means every person engaged in the business
of reconstructing, assembling or reassembling vehicles with a
special type body required by the purchaser if the vehicle is
subject to the title and registration provisions of this code.
(22) "Transporter" means every person engaged in the business
of transporting vehicles to or from a manufacturing, assembling or
distributing plant to dealers or sales agents of a manufacturer, or
purchasers.
(23) "Recreational vehicle dealer" means every person (other
than agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling new
or used recreational vehicles, or both.
(24) "Motorboat" means any vessel propelled by an electrical,
steam, gas, diesel or other fuel propelled or driven motor, whether
or not the motor is the principal source of propulsion, but does
not include a vessel which has a valid marine document issued by
the bureau of customs of the United States government or any
federal agency successor thereto.
(25) "Motorboat trailer" means every vehicle designed for or
ordinarily used for the transportation of a motorboat.
(26) "All-terrain vehicle" (ATV) means any motor vehicle designed for off-highway use and designed to travel on not less
than three low-pressure tires and designed for operator use only
with no passengers, having a seat or saddle designed to be
straddled by the operator, and handlebars for steering control and
intended by the manufacturer to be used by a single operator or by
an operator and no more than one passenger.
(27) "Travel trailer" means every vehicle, mounted on wheels,
designed to provide temporary living quarters for recreational,
camping or travel use of such size or weight as not to require
special highway movement permits when towed by a motor vehicle and
of gross trailer area less than four hundred square feet.
(28) "Fold down camping trailer" means every vehicle
consisting of a portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towing by another
vehicle and unfold at the camp site to provide temporary living
quarters for recreational, camping or travel use.
(29) "Motor home" means every vehicle, designed to provide
temporary living quarters, built into an integral part of or
permanently attached to a self-propelled motor vehicle, chassis or
van including: (1) Type A motor home built on an incomplete truck
chassis with the truck cab constructed by the second stage
manufacturer; (2) Type B motor home consisting of a van-type
vehicle which has been altered to provide temporary living
quarters; and (3) Type C motor home built on an incomplete van or
truck chassis with a cab constructed by the chassis manufacturer.
(30) "Snowmobile" means a self-propelled vehicle intended for
travel primarily on snow and driven by a track or tracks in contact
with the snow and steered by a ski or skis in contact with the
snow.
(31) "Recreational vehicle" means a motorboat, motorboat
trailer, all-terrain vehicle, travel trailer, fold down camping
trailer, motor home or snowmobile.
(32) "Major component" means any one of the following
subassemblies of a motor vehicle: (A) Front clip assembly
consisting of fenders, grille, hood, bumper and related parts; (B)
engine; (C) transmission; (D) rear clip assembly consisting of
quarter panels and floor panel assembly; or (E) two or more doors.
(33) "Factory-built home" includes mobile homes, house
trailers and manufactured homes.
(34) "Manufactured home" has the same meaning as the term is
defined in section two, article nine, chapter twenty-one of this
code which meets the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. §5401 et seq.), effective
on June 15, 1976 and the federal manufactured home construction
and safety standards and regulations promulgated by the secretary
of the United States department of housing and urban development.
(35) "Mobile home" means a transportable structure that is
wholly, or in substantial part, made, fabricated, formed or
assembled in manufacturing facilities for installation or assembly
and installation on a building site and designed for long-term residential use and built prior to enactment of the federal
manufactured housing construction and safety standards institute
(ANSI) -- A119.1 standards for mobile homes.
(36) "Utility terrain vehicle" means any motor vehicle with
four or more low-pressure tires designed for off-highway use having
bench or bucket seating for each occupant and a steering wheel for
control.
(b) Under no circumstances whatever may the terms "new motor
vehicle dealer", "used motor vehicle dealer", "house trailer
dealer", "trailer dealer", "recreational vehicle dealer",
"motorcycle dealer", "used parts dealer" or "wrecker/dismantler/
rebuilder" be construed or applied under this article in such a way
as to include a banking institution, insurance company, finance
company, or other lending or financial institution, or other
person, the state or any agency or political subdivision thereof,
or any municipality, who or which owns or comes in possession or
ownership of, or acquires contract rights, or security interests in
or to, any vehicle or vehicles or any part thereof and sells the
vehicle or vehicles or any part thereof for purposes other than
engaging in and holding out to the public to be engaged in the
business of selling vehicles or any part thereof.
(c) It is recognized that throughout this code the term
"trailer" or "trailers" is used to include, among other types of
trailers, house trailers. It is also recognized that throughout
this code the term "trailer" or "trailers" is seldom used to include semitrailers or pole trailers. However, for the purposes
of this article only, the term "trailers" has the meaning ascribed
to it in subsection (a) of this section.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-9. Definition of all-terrain and utility terrain vehicle.
(a) As used in this chapter, "all-terrain vehicle" or "ATV"
shall mean any motor vehicle,
fifty-two inches or less in width,
having an unladen weight of eight hundred pounds or less, traveling
on three or more low pressure tires with a seat designed to be
straddled by the rider, designed for or capable of travel over
unimproved terrain designed for off-highway use and designed to
travel on not less than three low-pressure tires, having a seat or
saddle designed to be straddled by the operator and handlebars for
steering control and intended by the manufacturer to be used by a
single operator or by an operator and no more than one passenger.
(b) "Utility terrain vehicle" shall mean any motor vehicle
with four or more low-pressure tires designed for off-highway use
having bench or bucket seating for each occupant and a steering
wheel for control.
NOTE: The purpose of this bill is to provide uniformity in the
definitions of all-terrain vehicles and to include a definition for
recreational off-highway vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.
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