Senate Bill No. 567
(By Senators Kessler, Hunter, Foster, Jenkins, Unger and Plymale)
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[Introduced February 5, 2008; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance.]
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A BILL to amend and reenact §17F-1-1 and §17F-1-3 of the Code of
West Virginia, 1931, as amended, all relating to the
regulation of all-terrain vehicles; prohibiting operation on
paved roads or highways; and providing for regulation of all-
terrain vehicles by local government authorities.
Be it enacted by the Legislature of West Virginia:
That §17F-1-1 and §17F-1-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator; penalties for violations.
(a)
No An all-terrain vehicle
may be operated in this state is
prohibited:
(1) On any interstate highway except by public safety
personnel responding to emergencies;
(2) On any
paved road or highway,
with a center line or more
than two lanes except for the purpose of crossing the road, street
or highway, if:
(A) The crossing is made at an angle of approximately ninety
degrees to the direction of the highway and at a place where no
obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway;
(C) The operator yields his or her right-of-way to all
oncoming traffic that constitutes an immediate potential hazard;
and
(D) Both the headlight and taillight are illuminated when the
crossing is made if the vehicle is so equipped;
(3) With more than one passenger unless more passengers are
allowed under manufacturers' recommendations;
(4) With a passenger under the age of eighteen, unless the
operator has at a minimum a level two intermediate driver's license
or its equivalent or is eighteen years of age or older;
(5) Unless riders under the age of eighteen are wearing size
appropriate protective helmets that meet the current performance
specifications established by the American national standards
institute standard, z 90.1, the United States Department of
Transportation Federal Motor Vehicle Safety Standard no. 218 or
Snell safety standards for protective headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated
headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark
arrester and a manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's
exhaust system; or
(8) Unless operating in compliance with the provisions of
section two of this article.
(b) An all-terrain vehicle may, for the sole purpose of
getting from one trail, field or area of operation to another, be
operated upon the shoulder of any road, street or highway referred
to in subdivision (2), subsection (a) of this section, other than
an interstate highway, for a distance not to exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per
hour or less; and
(2) The vehicle is operated at any time from sunset to
sunrise, the all-terrain vehicle must be equipped with headlights
and taillights which must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with
subsection (b) shall not constitute operation of a motor vehicle on
a road or highway of this state as contemplated by the provisions
of section seven of this article.
(d) Notwithstanding any provision of this chapter to the
contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on
certain specified roads, streets or highways which are marked with
centerline pavement markings, other than interstate highways, to
allow participation in parades, exhibitions and other special
events, in emergencies or for specified purposes.
§17F-1-3. Local government authority to regulate.
Notwithstanding any provision of this article to the contrary:
(1) The governing body of a municipality may
permit and
regulate in any manner or prohibit, by lawfully enacted ordinance,
the operation of all-terrain vehicles upon any street, road or
avenue within the municipal corporate limits.
(2) Homeowner associations may petition the county commission
of the county in which the area regulated by the homeowner
association is located for an ordinance to regulate or prohibit the
operation of all-terrain vehicles upon any street, road or avenue
within the area regulated by the homeowner association. County
commissions are hereby authorized, upon receipt of a petition
authorized by the provisions of this section, to enact an ordinance
regulating or prohibiting the operation of all-terrain vehicles.
(3) The county commission of any county
which has in effect
and is operating under a countywide comprehensive plan may by
lawfully enacted ordinance
permit and regulate or prohibit the
operation of all-terrain vehicles on any road in the county, except
interstate highways:
Provided, That any county which enacts any such ordinance shall notify the
Division of Motor Vehicles, the
Governor's Highway Safety Program and the West Virginia State
Police and all law-enforcement agencies in the county of its action
in writing, together with a copy of the ordinance.
NOTE: The purpose of this bill is to impose regulations on the
use and operation of all-terrain vehicles. The bill prohibits
operation on paved roads or highways and provides for regulation of
all-terrain vehicles by local government authorities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.