H. B. 3240
(By Delegates White and Kominar)
[Introduced March 19, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17F-1-2 of the Code of West Virginia,
1931, as amended, relating to the authority of the
Commissioner of Motor Vehicles to approve all-terrain vehicle
rider safety awareness courses; authorizing the commissioner
to issue certificates of completion; limiting the liability of
the commissioner and 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:
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-2. Safety awareness courses.
(a)
On and after the first day of September, two thousand
four, 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)
On and after the first day of January, two thousand five,
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 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, is liable for personal
injuries to, or for the death of, a rider that may occur during the
approved all-terrain vehicle rider safety awareness course.
(f) No 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, is liable for the
death, injury, loss or damage resulting from or involving any
individual or entity that may occur at any time during or after the
rider completes the all-terrain vehicle rider safety awareness
course.
(g) A person who was enrolled in or received a certificate of
completion from or on behalf of the commissioner pursuant to
subsection (b) of this section may not make a claim against,
maintain any action against or recover from the commissioner or any
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, for the death, injury, loss or
damage occurring during or after the person completes an
all-terrain vehicle rider safety awareness course.
(h) A person may not make a claim against, maintain an action against or recover from the commissioner or 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, for
the death, injury, loss or damage resulting from or involving an
individual who was enrolled in or is in receipt of a certificate of
completion from or on behalf of the commissioner, pursuant to
subsection (b) of this section.
NOTE: The purpose of this bill is to give the Commissioner of
Motor Vehicles certain authority with regard to certificates of
completion related to all-terrain vehicle rider safety awareness
courses; and to limit the liability of the commissioner and any
state institute of higher education which is the operator, owner,
trainer or promoter of an all-terrain vehicle rider safety
awareness course approved by the commissioner.
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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