H. B. 2510
(By Delegates Love, Gallagher, Rutledge and Burk)
[Introduced March 8, 1993; referred to the
Committee on Agriculture & Natural Resources
then the Judiciary.]
A BILL to amend and reenact section one, article one, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact
sections two and four, article three of said chapter, as
amended; to amend and reenact section one, article six, of
said chapter; to amend to further amend said chapter, by
adding thereto a new article, designated article ten-a; to
amend chapter twenty of said code by adding thereto a new
article, designated article three-c, all relating to
creating the West Virginia off-highway recreational vehicle
management act; defining certain terms; exempting off-
highway recreational motorcycles from motor vehicle
registration; assigning fees obtained from the tax for the
privilege of certification of title to the newly created
off-highway recreational vehicle trail development fund;
Legislative findings; requirements for numbering of off-highway recreational vehicles; exemptions from numbering
requirements; creating the off-highway recreational vehicle
management commission; creating an off-highway recreational
vehicle management fund; creating the off-highway
recreational vehicle trail development fund; authorizing the
issuance of off-highway recreational vehicle trail
development bonds; requiring recreational use stickers for
operating off-highway recreational vehicles; restricting the
use of off-highway recreational vehicles on roads and
highways; restricting operation of off-highway recreational
vehicles on public lands and private lands; general use
restrictions; criminal penalties; enforcement; requiring
reporting certain accidents involving off-highway
recreational vehicles; and authorizing the off-highway
recreational vehicle management commission to propose to
promulgate rules and regulations concerning off-highway
recreational vehicle use.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that sections two and four,
article three of said chapter, as amended be amended and
reenacted; that section one, article six, of said chapter, as
amended, be amended and reenacted; that said chapter be further
amended, as amended, by adding thereto a new article, designated
article ten-a; and that chapter twenty be amended by addingthereto a new article, designated article three-c, 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 and designed for
operation on highways but excluding a tractor and an all-terrain
vehicle.
(d) "School bus" means every motor vehicle owned by a public
governmental agency and operated for the transportation ofchildren 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 for carrying
more than seven passengers and used for the transportation of
persons; and every motor vehicle, other than a taxicab, designed
and used for the transportation of 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 motivepower 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 requiredto 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 agricultural
operations, including, but not limited to, trucks used for
spraying trees and plants:
Provided,
That said vehicle shall 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, farm equipment,
implements of husbandry, road construction or maintenance
machinery, ditch-digging apparatus, stone crushers, air
compressors, power shovels, cranes, 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 shall 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) "Department" "Division" means the department 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 such 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 motorvehicle dealer, used motor vehicle dealer, house trailer dealer,
recreational vehicle dealer, trailer dealer or motorcycle dealer,
as defined in section one, article six of this chapter, or all of
such 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 such 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 such 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 inthis state which is actually occupied either continuously or at
regular periods by such manufacturer where his books and records
are kept and a large share of his 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 such motor is the principal source of
propulsion, but shall 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 an off-highway recreational
vehicle traveling on three or more low-pressure tires, 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.
(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 squarefeet.
(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. an off-highway recreational vehicle designed or
used for operation over snow or ice which utilizes sled-type
runners, skis, an endless belt tread or any combination of these
or other similar means of contact with the surface upon which it
is operated.
(nn) "Recreational vehicle" means a motorboat, motorboat
trailer, all-terrain vehicle, off-highway recreational vehicle,
travel trailer, fold down camping trailer or motor home. orsnowmobile.
(oo) "Off-highway recreational vehicle" means a motorized
vehicle fifty inches or less in width, having a dry weight of six
hundred pounds or less, designed or utilized for off-highway
travel on or over land, water, snow, ice or other natural terrain
and includes any all-terrain vehicle, off-highway recreational
motorcycle, snowmobile or other similar vehicle,but excluding any
motorboat.
(pp) "Off-highway recreational motorcycle" means an off-
highway recreational vehicle traveling on two wheels and having
a seat or saddle designed to be straddled by the operator and
handlebars for steering control and includes any such vehicle
which is registered under chapter seventeen-a of this code for
highway use if it is also used for off-highway operation on
trails or unimproved terrain.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-2. Every motor vehicle, etc., subject to registration and
certificate of title provisions; exceptions.
(a) Every motor vehicle, trailer, semitrailer, pole trailer
and recreational vehicle when driven or moved upon a highway
shall be subject to the registration and certificate of title
provisions of this chapter except:
(1) Any such vehicle driven or moved upon a highway in
conformance with the provisions of this chapter relating to
manufacturers, transporters, dealers, lienholders or nonresidentsor under a temporary registration permit issued by the department
as hereinafter authorized;
(2) Any implement of husbandry upon which is securely
attached a machine for spraying fruit trees and plants of the
owner or lessee or for any other implement of husbandry which is
used exclusively for agricultural or horticultural purposes on
lands owned or leased by the owner thereof and which is not
operated on or over any public highway of this state for any
other purpose other than for the purpose of operating it across
a highway or along a highway other than an expressway as
designated by the commissioner of the division of highways from
one point of the owner's land to another part thereof,
irrespective of whether or not the tracts adjoin: Provided, That
the distance between the points shall not exceed twenty-five
miles, or for the purpose of taking it or other fixtures thereto
attached, to and from a repair shop for repairs. The foregoing
exemption from registration and license requirements shall also
apply to any vehicle hereinbefore described or to any farm
trailer owned by the owner or lessee of the farm on which such
trailer is used, when such trailer is used by the owner thereof
for the purpose of moving farm produce and livestock from such
farm along a public highway for a distance not to exceed
twenty-five miles to a storage house or packing plant, when such
use is a seasonal operation.
(A) The exemptions contained in this section shall also
apply to farm machinery and tractors: Provided, That suchmachinery and tractors may use the highways in going from one
tract of land to another tract of land regardless of whether such
land be owned by the same or different persons.
(B) Any vehicle exempted hereunder from the requirements of
annual registration certificate and license plates and fees
therefor shall not be permitted to use the highways between
sunset and sunrise.
(C) Any vehicle exempted hereunder from the requirements of
annual registration certificate and license plates shall be
permitted to use the highways as herein provided whether such
exempt vehicle is self-propelled, towed by another exempt vehicle
or towed by another vehicle for which registration is required.
(D) Any vehicle used as an implement of husbandry exempt
hereunder must have the words "farm use" affixed to both sides of
the implement in ten inch letters. Any vehicle which would be
subject to registration as a Class A or B vehicle if not exempted
by this section shall display a farm use exemption certificate on
the lower driver's side of the windshield.
(i) The farm use exemption certificate shall be provided by
the commissioner and shall be issued annually by the assessor of
the applicant's county of residence. The assessor shall issue a
farm use exemption certificate upon his or her determination
pursuant to an examination of the property books or documentation
provided by the applicant that the vehicle has been properly
assessed as Class I personal property. The assessor shall charge
a fee of two dollars for each certificate, one dollar of the feeshall be retained by the assessor and one dollar shall be
remitted by the assessor to the commissioner of the division of
motor vehicles to be deposited in a special revolving fund to be
used in the administration of this section.
(ii) A farm use exemption certificate shall in no way exempt
the applicant from maintaining the security as required by
chapter seventeen-d of this code on any vehicle being operated on
the roads or highways of this state.
(iii) No person charged with operating a vehicle without a
farm use exemption certificate, if required under this section,
shall be convicted if he or she produces in court or in the
office of the arresting officer a valid farm use exemption
certificate for the vehicle in question within five days;
(3) Any vehicle which is propelled exclusively by electric
power obtained from overhead trolley wires though not operated
upon rails;
(4) Any vehicle of a type subject to registration owned by
the government of the United States;
(5) Any wrecked or disabled vehicle which is being towed by
a licensed wrecker or dealer on the public highways of this
state;
(6) The following recreational vehicles shall be exempt from
the requirements of annual registration, license plates and fees,
unless otherwise specified by law, but shall be subject to the
certificate of title provisions of this chapter regardless of
highway use: even if not driven or moved upon a highway: Motorboats, all-terrain vehicles, and snowmobiles, and off-
highway recreational motorcycles which are designed for use
exclusively off-highway and are not designed and equipped for
highway use. No certificate of title shall be issued for such
vehicle unless the applicant presents a serial number
verification certified by a law enforcement officer or an
application for title for a new vehicle on a form prescribed by
the division. Upon certification by the applicant that the
applicant owned the vehicle prior to July 1, 1989, the vehicle
shall not be subject to the tax imposed by section four, article
three of this chapter.
No off-highway recreational vehicle shall be registered for
highway use under this chapter unless it is first inspected by an
inspection station authorized under the provisions of article
sixteen, chapter seventeen-c of this code and found to be
equipped with United States department of transportation highway-
approved tires and to comply with all the equipment requirements
which would be applicable to a motorcycle under article fifteen,
chapter seventeen-c of the code. No all-terrain vehicle or
snowmobile shall be registered for highway use under this
chapter.
Recreational vehicles which are exempt or precluded from
registration under this section shall only be operated on the
highway under the authority granted in section eleven, article
three-c, chapter twenty of this code.
(b) The provisions of this article relating to recreationalvehicles shall become effective on the first day of July, one
thousand nine hundred eighty-nine.
§17A-3-4. Application for certificate of title; tax for
privilege of certification of title; penalty for false
swearing.
(a) Certificates of registration of any vehicle or
registration plates therefor, whether original issues or
duplicates, shall not be issued or furnished by the division of
motor vehicles or any other officer charged with the duty, unless
the applicant therefor already has received, or at the same time
makes application for and is granted, an official certificate of
title of the vehicle. The application shall be upon a blank form
to be furnished by the division of motor vehicles and shall
contain a full description of the vehicle, which description
shall contain a manufacturer's serial or identification number or
other number as determined by the commissioner and any
distinguishing marks, together with a statement of the
applicant's title and of any liens or encumbrances upon the
vehicle, the names and addresses of the holders of the liens and
any other information as the division of motor vehicles may
require. The application shall be signed and sworn to by the
applicant.
(b) A tax is hereby imposed upon the privilege of effecting
the certification of title of each vehicle in the amount equal to
five percent of the value of the motor vehicle at the time of the
certification. If the vehicle is new, the actual purchase priceor consideration to the purchaser thereof is the value of the
vehicle; if the vehicle is a used or secondhand vehicle, the
present market value at time of transfer or purchase is the value
thereof for the purposes of this section:
Provided,
That so much
of the purchase price or consideration as is represented by the
exchange of other vehicles on which the tax imposed by this
section has been paid by the purchaser shall be deducted from the
total actual price or consideration paid for the vehicle, whether
the same be new or secondhand; if the vehicle is acquired through
gift, or by any manner whatsoever, unless specifically exempted
in this section, the present market value of the vehicle at the
time of the gift or transfer is the value thereof for the
purposes of this section. No certificate of title for any
vehicle shall be issued to any applicant unless the applicant has
paid to the division of motor vehicles the tax imposed by this
section which is five percent of the true and actual value of the
vehicle whether the vehicle is acquired through purchase, by gift
or by any other manner whatsoever except gifts between husband
and wife or between parents and children:
Provided, however,
That the husband or wife, or the parents or children previously
have paid the tax on the vehicles transferred to the state of
West Virginia:
Provided further,
That the division of motor
vehicles may issue a certificate of registration and title to an
applicant if the applicant provides sufficient proof to the
division of motor vehicles that the applicant has paid the taxes
and fees required by this section to a motor vehicle dealershipthat has gone out of business or has filed bankruptcy proceedings
in the United States bankruptcy court and the taxes and fees so
required to be paid by the applicant have not been sent to the
division by the motor vehicle dealership or have been impounded
due to the bankruptcy proceedings:
And provided further,
That
the applicant makes an affidavit of the same and assigns all
rights to claims for money the applicant may have against the
motor vehicle dealership to the division of motor vehicles:
And
provided further,
That the division of motor vehicles shall issue
a certificate of registration and title to an applicant without
payment of the tax imposed by this section if the applicant is a
corporation, partnership or limited liability company
transferring the vehicle to another corporation, partnership or
limited liability company when the entities involved in the
transfer are members of the same controlled group and the
transferring entity has previously paid the tax on the vehicle
transferred. For the purposes of this section, control means
ownership, directly or indirectly, of stock or equity interests
possessing fifty percent or more of the total combined voting
power of all classes of the stock of a corporation or equity
interests of a partnership or limited liability company entitled
to vote or ownership, directly or indirectly, of stock or equity
interests possessing fifty percent or more of the value of the
corporation, partnership or limited liability company.
The tax imposed by this section does not apply to vehicles
to be registered as Class H vehicles, or Class S vehicles, asdefined in section one, article ten of this chapter, which are
used or to be used in interstate commerce. Nor does the tax
imposed by this section apply to the titling of Class B, Class K
or Class E vehicles registered at a gross weight of fifty-five
thousand pounds or more, or to the titling of Class C or Class L
semitrailers, full trailers, pole trailers, and converter gear:
Provided,
That if an owner of a vehicle has previously titled the
vehicle at a declared gross weight of fifty-five thousand pounds
or more and the title was issued without the payment of the tax
imposed by this section, then before the owner may obtain
registration for the vehicle at a gross weight less than fifty-
five thousand pounds, the owner must surrender to the
commissioner the exempted registration, the exempted certificate
of title, and pay the tax imposed by this section based upon the
current market value of the vehicle:
Provided, however,
That
notwithstanding the provisions of section nine, article fifteen,
chapter eleven of this code, the exemption from tax under this
section for Class B, Class K or Class E vehicles in excess of
fifty-five thousand pounds and Class C or Class L semitrailers,
full trailers, pole trailers and converter gear shall not subject
the sale or purchase of the vehicles to the consumers sales tax.
The tax imposed by this section does not apply to titling of
vehicles by a registered dealer of this state for resale only,
nor does the tax imposed by this section apply to titling of
vehicles by this state or any political subdivision thereof, or
by any volunteer fire department or duly chartered rescue orambulance squad organized and incorporated under the laws of the
state of West Virginia as a nonprofit corporation for protection
of life or property. The total amount of revenue collected by
reason of this tax shall be paid into the state road fund and
expended by the commissioner of highways for matching federal
funds allocated for West Virginia. Provided, That fees from the
tax for the privilege of certification of title collected from
off-highway recreational vehicle purchases, pursuant to this
section, shall be paid out in accordance with subsection (c) of
this article. In addition to the tax, there is a charge of five
dollars for each original certificate of title or duplicate
certificate of title so issued:
Provided further,
That this
state or any political subdivision thereof, or any volunteer fire
department, or duly chartered rescue squad, is exempt from
payment of the charge.
The certificate is good for the life of the vehicle, so long
as the same is owned or held by the original holder of the
certificate, and need not be renewed annually, or any other time,
except as provided in this section.
If, by will or direct inheritance, a person becomes the
owner of a motor vehicle and the tax imposed by this section
previously has been paid, to the division of motor vehicles, on
that vehicle, he or she is not required to pay the tax.
A person who has paid the tax imposed by this section is not
required to pay the tax a second time for the same motor vehicle,
but is required to pay a charge of five dollars for thecertificate of retitle of that motor vehicle, except that the tax
shall be paid by the person when the title to the vehicle has
been transferred either in this or another state from such person
to another person and transferred back to such person.
(c) Fees from the tax for the privilege of certification of
title collected from the purchases of off-highway recreational
vehicles under this section shall be deposited in the off-highway
recreational vehicle trail development fund established under
section seven article three-c, chapter twenty of this code:
Provided, That the certificate of title for any off-highway
recreational vehicle as defined in section one, article one of
this chapter owned by the applicant on the thirtieth day of June,
one thousand nine hundred ninety-nine, shall not be subject to
the tax for the privilege of certification of title imposed by
this section. Provided further, That this subsection shall not
be construed as to entitle any applicant for certificate of title
for a refund of any tax for the privilege of certification
previously paid.
Applicants for certificates of title for any off-highway
recreational vehicle purchased on or after the first day of July,
one thousand nine hundred and eighty-nine, shall be subject to
the tax for the privilege of certification of title imposed by
this section on the purchase price of the vehicle as represented
by a sales invoice from the dealer or a notorized bill of sale
completed by the seller. Applicants unable to provide either a
sales invoice from the dealer or a notorized bill of salecompleted by the seller shall be subject to the tax for the
privilege of certification of title imposed by this section on
the suggested list price of the vehicle as new.
Applicants for certificate of title not presenting either a
certificate of title reassigned by the previous owner or a
manufacturers' certificate of origin shall provide the division
with such information the division may require in order to
establish ownership including, but not limited to a notarized
affidavit of ownership and serial number verification completed
by a law enforcement officer.
(c) (d) Notwithstanding any provisions of this code to the
contrary, the owners of trailers, semitrailers, recreational
vehicles and other vehicles not subject to the certificate of
title tax prior to the enactment of this chapter are subject to
the privilege tax imposed by this section:
Provided,
That the
certification of title of any recreational vehicle owned by the
applicant on the thirtieth day of June, one thousand nine hundred
eighty-nine, is not subject to the tax imposed by this section:
Provided, however,
That mobile homes, house trailers, modular
homes and similar nonmotive propelled vehicles, except
recreational vehicles, susceptible of being moved upon the
highways but primarily designed for habitation and occupancy,
rather than for transporting persons or property, or any vehicle
operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded or physically handicapped
children when the application for certificate of registrationfor the vehicle is accompanied by an affidavit stating that the
vehicle will be operated on a nonprofit basis and used
exclusively for the transportation of mentally retarded and
physically handicapped children, are not subject to the tax
imposed by this section, but are taxable under the provisions of
articles fifteen and fifteen-a, chapter eleven of this code.
(d) (e) Any person making any affidavit required under any
provision of this section, who knowingly swears falsely, or any
person who counsels, advises, aids or abets another in the
commission of false swearing, is on the first offense guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
more than five hundred dollars or be imprisoned in the county
jail for a period not to exceed six months, or, in the discretion
of the court, both fined and imprisoned. For a second or any
subsequent conviction within five years, that person is guilty of
a felony, and, upon conviction thereof, shall be fined not more
than five thousand dollars or be imprisoned in the penitentiary
for not less than one year nor more than five years or, in the
discretion of the court, fined and imprisoned.
(e) (f) Notwithstanding any other provisions of this
section, any person in the military stationed outside West
Virginia, or his or her dependents who possess a motor vehicle
with valid registration, are exempt from the provisions of this
article for a period of nine months from the date that that
person returns to this state or the date his or her dependent
returns to this state, whichever is later.
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS, ETC.
§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 his agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or who holds
himself 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 his agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or holds
himself 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
his agents and employees, if any, while acting within the scope
of their authority or employment), engaged in, or who holds
himself out to the public to be engaged in, the business in this
state of selling new and/or used house trailers, or new and/orused house trailers and trailers.
(4) "Trailer dealer" means every person (other than his
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or who holds himself
out to the public to be engaged in, the business in this state of
selling new and/or used trailers.
(5) "Motorcycle dealer" means every person (other than his
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or who holds himself
out to the public to be engaged in, the business in this state of
selling new and/or used motorcycles.
(6) "Used parts dealer" means every person (other than his
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or who holds himself
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 his agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or who holds
himself 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 are in the business of rebuilding salvage
motor vehicles for the purpose of resale to the public.
(8) "New motor vehicles" means all motor vehicles, exceptmotorcycles 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 or
intended for human occupancy and commonly referred to as mobile
homes or house trailers, but shall not include fold down camping
and travel trailers.
(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" shall, in addition to the
ordinary definitions of such terms, include 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" shall, in addition to the
ordinary definition of that term, also include 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" shall, in the case of
a new motor vehicle dealer, mean 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
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 such dealer with
respect to motor vehicles sold by him or her, which shall be
easily accessible to the public, which shall conform to all
applicable laws of the state of West Virginia and the ordinances
of the municipality in which it is located, if any, which shall
display thereon at least one permanent sign, clearly visible fromthe principal public street or highway nearest said location and
clearly stating the business which is or shall be conducted
thereat, and which shall have adequate facilities to keep,
maintain and preserve records, papers and documents necessary to
carry on such business and to make the same 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 shall be met even though (i) some new and any
used motor vehicles sold or to be sold by such 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 such location is or is to be served by
other facilities and space of such dealer for the servicing and
repair of at least one motor vehicle, adequate and suitable as
aforesaid, and each such location used for the sale of some new
and any used motor vehicles otherwise meets the definition of anestablished place of business of a used motor vehicle dealer;
(ii) house trailers, trailers and/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 such type of vehicle business, which license certificate
remains unexpired, unsuspended and unrevoked; (iii) farm
machinery is sold thereat; and (iv) accessory, gasoline and oil,
or storage departments are maintained thereat, if such
departments are operated for the purpose of furthering and
assisting in the licensed business or businesses.
(18) "Farm machinery" means all machines and tools used in
the production, harvesting or care of farm products.
(19) "Established place of business" shall, in the case of
a used motor vehicle dealer, mean 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, 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
such dealer with respect to used motor vehicles sold by him or
her, which shall be easily accessible to the public, shall
conform to all applicable laws of the state of West Virginia, andthe ordinances of the municipality in which it is located, if
any, which shall display thereon at least one permanent sign,
clearly visible from the principal public street or highway
nearest said location and clearly stating the business which is
or shall be conducted thereat, and which shall have adequate
facilities to keep, maintain and preserve records, papers and
documents necessary to carry on such business and to make the
same 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 such servicing and repair services and space in like
manner as if said servicing and repair facilities and space were
located in or on said dealer's place of business, then, so longas such an agreement or agreements are in effect, it shall not be
necessary for such dealer to maintain such servicing and repair
facilities and space at the place of business in order for such
place of business to be an established place of business as
herein defined:
Provided further,
That the requirement of
exclusive use shall be met even though (i) house trailers,
trailers and/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 such type of
vehicle business, which license certificate remains unexpired,
unsuspended and unrevoked; (ii) farm machinery is sold thereat;
and (iii) accessory, gasoline and oil, or storage departments are
maintained thereat, if such departments are operated for the
purpose of furthering and assisting in the licensed business or
businesses.
(20) "Established place of business" shall, in the case of
a house trailer dealer, trailer dealer, recreational vehicle
dealer, motorcycle dealer, used parts dealer and wrecker or
dismantler, mean 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, as the
case may be, which shall be easily accessible to the public,
which shall conform to all applicable laws of the state of West
Virginia and the ordinances of the municipality in which it is
located, if any, which shall display thereon at least one
permanent sign, clearly visible from the principal public streetor highway nearest said location and clearly stating the business
which is or shall be conducted thereat, and which shall have
adequate facilities to keep, maintain and preserve records,
papers and documents necessary to carry on such business and to
make the same 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 said
vehicle is subject to the title and registration provision of the
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 his agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or who holds
himself out to the public to be engaged in, the business in this
state of selling new and/or used recreational vehicles.
(24) "Motorboat" means any vessel propelled by an
electrical, steam, gas, diesel or other fuel propelled or driven
motor, whether or not such motor is the principal source of
propulsion, but shall 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 an off-highway recreational
vehicle traveling on three or more low-pressure tires, 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.
(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 livingquarters; 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. an off-highway recreational vehicle designed or
used for operation over snow or ice which utilizes sled-type
runners, skis, an endless belt tread or any combination of these
or other similar means of contact with the surface upon which it
is operated.
(31) "Recreational vehicle" means a motorboat, motorboat
trailer, all-terrain vehicle, off-highway recreational vehicle,
travel trailer, fold down camping trailer or motor home. or
snowmobile.
(32) "Off-highway recreational vehicle" means a motorized
vehicle fifty inches or less in width, having a dry weight of six
hundred pounds or less, designed or utilized for off-highway
travel on or over land, water, snow, ice or other natural terrain
and includes any all-terrain vehicle, off-highway recreational
motorcycle, snowmobile or other similar vehicle, but excluding
any motorboat.
(33) "Off-highway recreational motorcycle" means an off-
highway recreational vehicle traveling on two wheels and having
a seat or saddle designed to be straddled by the operator and
handlebars for steering control and includes any such vehicle
which is registered under chapter seventeen-a of this code forhighway use if it is also used for off-highway operation on
trails or unimproved terrain.
(32) (34) "Major component" means any one of the following
subassemblies of a motor vehicle: (i) Front clip assembly
consisting of fenders, grille, hood, bumper and related parts;
(ii) engine; (iii) transmission; (iv) rear clip assembly
consisting of quarter panels and floor panel assembly; or (v) two
or more doors.
(b) Under no circumstances whatever shall 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 shall come in possession or ownership of, or acquire
contract rights, or security interests in or to, any vehicle or
vehicles or any part thereof and shall sell such vehicle or
vehicles or any part thereof for purposes other than engaging in
and holding himself or itself 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 throughoutthis 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" shall have the meaning
ascribed to it in subsection (a) of this section.
ARTICLE 10A. SPECIAL REGISTRATION OF OFF-HIGHWAY VEHICLES.
§17A-10A-1. Certificate of numbers required for off-highway
recreational vehicles.
(a) No person shall operate an off-highway recreational
vehicle, as defined in section one, article one of this chapter,
within the territorial limits of this state unless it has been
assigned a number in accordance with the provisions of this
article. The certificate of numbers shall expire three years
after its date of issuance.
(b) Application for a certificate of numbers shall be made
to the division of motor vehicles in a form prescribed by the
division, and must be accompanied by proof that the vehicle is
titled under article three, chapter seventeen-a of this code.
(c) The fee for obtaining a certificate of numbers or
renewal of such certificate shall be thirty dollars. All
certificate of numbers issued before the first day of October,
nineteen hundred ninety-six, shall expire on that day, regardless
of when the application is made. Certificates of numbers issued
after the first day of October, nineteen hundred ninety-six,
shall expire on the first day of October of every third year
thereafter. The fee shall be prorated by years remaining in the
three year cycle: Provided, That if a certificate has been lostor destroyed, the division shall issue a replacement certificate
upon payment of a duplicate fee of five dollars.
Fees collected under this section shall be deposited in the
state treasury to the credit of the off-highway recreational
vehicle management fund and shall be disbursed in accordance with
section five, article three-c, chapter twenty of this code:
Provided, That five dollars of each certificate of numbers fee,
fees from the issuance of replacement certificates of numbers and
five dollars of each fee for renewal of certificates of numbers
shall be credited to the division to be used for the
administration of the off-highway recreational vehicle numbering
system.
Upon receipt of a completed application, proof of title and
required fees, the division shall issue a certificate of numbers,
in a form prescribed by the division, which the operator shall
maintain in his or her possession while operating an off-highway
recreational vehicle. The division shall also issue the
applicant a certificate of numbers sticker: Provided, That the
off-highway recreational vehicle management commission shall
propose to promulgate rules and regulations regarding color and
size of such sticker and requirements for how such sticker shall
be displayed on an off-highway recreational vehicle.
(d) Renewal of an expired certificate of numbers shall be
made in the same manner as upon application for the original
certificate of numbers: Provided, That the renewal process may
be accomplished by mail at the discretion of the division.
(e) Should the ownership of an off-highway recreational
vehicle change, a new application for a certificate of numbers
and a new application for a certificate of title with fees shall
be filed with the division and a new certificate of numbers shall
be awarded in the same manner as the original certificate of
numbers was awarded.
(f) A recreational vehicle dealer, at the time of sale of an
off-highway recreational vehicle, may require the buyer to
complete an application for a certificate of title and an
application for a certificate of numbers and fees, unless the
vehicle will be exempt from numbering requirements under section
two of this article The dealer shall mail the completed
application and fees to the division of motor vehicles and shall
provide a copy of the completed certificate of numbers
application to the buyer which shall serve as a temporary
certificate of numbers for up to sixty days after the date of
sale.
§17A-10A-2. Certain off-highway recreational vehicles exempt
from certificate of numbers requirements.
The following off-highway recreational vehicles are exempt
from the certificate of numbers requirements:
(a) An off-highway recreational vehicle used exclusively by
the state or any agency or political subdivision thereof, or by
the United States;
(b) An off-highway recreational vehicle owned by a
recreational vehicle dealer or manufacturer and held for resale,display or demonstration, or operated exclusively in a program of
off-highway recreational vehicle operator safety instruction;
(c) An off-highway recreational vehicle used exclusively for
farming, animal husbandry or natural resource production in going
from one tract of land to another tract of land regardless of
whether such land be owned by the same or different persons; and
(d) An off-highway recreational vehicle owned by a out-of-
state resident, while being operated within the state: Provided,
That the out-of-state resident operating his or her vehicle
within the state shall comply with the provisions of section
nine, article three-c, chapter twenty of this code.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 3C. OFF-HIGHWAY RECREATIONAL VEHICLE MANAGEMENT ACT.
§20-3C-1. Legislative findings.
The Legislature finds that there is a growing need for the
management of the use of off-highway recreational vehicles. The
Legislature recognizes that many citizens of this state and other
states own and operate off-highway recreational vehicles for
recreation and that the establishment of environmentally sound
trail systems for off-highway recreational vehicles will
encourage safe and responsible use of such vehicles and increase
tourism in West Virginia. The Legislature further finds that
off-highway recreational vehicles are often used to pursue other
activities including hunting and fishing in addition to
agriculture and natural resource production. The Legislature
finds that appropriate management of off-highway recreationalvehicles will reduce irresponsible use of such vehicles that
often results in conflicts with other land uses and adverse
environmental impacts. The Legislature hereby declares that a
program is needed to acquire appropriate land resources to
establish recreational facilities for off-highway recreational
vehicles that are properly planned and managed by the state. The
Legislature further declares that such program can be sustained
from revenues generated from the tax for privilege of certificate
of title from off-highway recreational vehicles purchases and
fees imposed on off-highway recreational vehicle use as provided
in this article.
The Legislature finds that there is a need for the
regulation of the use of off-highway recreational vehicles to
reduce conflicts with other land uses and adverse environmental
impacts that result from such use, and that such regulation
should include prohibition of use in areas of environmental,
social or cultural sensitivity. The Legislature hereby
recognizes that many citizens own and operate off-highway
recreational vehicles for recreation and that regulation of such
vehicles and establishment and management of appropriate trail
systems for off-highway recreational vehicles will provide
opportunities for safe and responsible use while reducing adverse
effects. The Legislature further recognizes that off-highway
recreational vehicles are often used to pursue other activities
including hunting and fishing in addition to agriculture and
natural resource production. The Legislature hereby declaresthat to accomplish such regulation, a comprehensive program for
off-highway recreational vehicle management be established and
self-funded with revenues that are derived from the use of off-
highway recreational vehicles and that such revenues be used to
acquire lands to establish public off-highway recreational
vehicle trails and trail facilities.
§20-3C-2. Definitions.
(a) "Director" means the director of the division of natural
resources.
(b) "Division" means the division of natural resources.
(c) "Off-highway recreational vehicle" means a motorized
vehicle fifty inches or less in width, having a dry weight of six
hundred pounds or less, designed or utilized for off-highway
travel on or over land, water, snow, ice or other natural terrain
and includes any all-terrain vehicle, off-highway recreational
motorcycle, snowmobile or other similar vehicle, but excluding
any motorboat.
(d) "All-terrain vehicle" means an off-highway recreational
vehicle traveling on three or more low-pressure tires, 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.
(e) "Off-highway recreational motorcycle" means an off-
highway recreational vehicle traveling on two wheels and having
a seat or saddle designed to be straddled by the operator and
handlebars for steering control and includes any such vehiclewhich is registered under chapter seventeen-a of this code for
highway use if it is also used for off-highway operation on
trails or unimproved terrain.
(f) "Snowmobile" means an off-highway recreational vehicle
designed or used for operation over snow or ice which utilizes
sled-type runners, skis or endless belt tread or any combination
of these or other similar means of contact with the surface upon
which it is operated.
(g) "Off-highway recreational vehicle trail" means a
generally unpaved public way which is designated and managed
primarily for recreational travel by one or more types of off-
highway recreational vehicles but may also be designated and
managed for shared use by one or more varieties of non-motorized
users.
(h) "Off-highway recreational vehicle use area" means an
area which does not have an off-highway recreational vehicle
trail, but which is designated and managed for cross-country off-
highway recreational vehicle use and which may also be designated
and managed for shared use by one or more varieties of non-
motorized users.
(i) "Off-highway recreational vehicle trail facility"
includes off-highway recreational vehicle use areas, off-highway
recreational vehicle trails, off-highway recreational vehicle
trailheads and all support areas, including camping, buffer,
parking, access and control areas, of a site which is designated
and managed for off-highway recreational vehicle use.
(j) "Off-highway recreational vehicle trailhead" means a
designated area where an off-highway recreational vehicle
operator can load and unload the off-highway recreational
vehicle, before or after use, and which accesses an off-highway
recreational vehicle trail.
(k) "Dealer" means any person engaged in the business of
selling, leasing or renting new or used off-highway recreational
vehicles at retail, at a regular place of business within this
state, and who is licensed as a recreational vehicle dealer under
the provisions of article six, chapter seventeen-a of this code.
§20-3C-3. Off-highway recreational vehicle management commission
created; composition; quorum; meetings; off-highway
recreational vehicle management plan.
The state off-highway recreational vehicle management
commission is hereby created and shall develop, publish, and
maintain a comprehensive off-highway recreational vehicle
management plan. The commission shall be comprised of the
following members: The secretary of the department of commerce,
labor and environmental resources, who shall serve as chair; the
director of the division of natural resources, who shall serve as
vice-chair; the commissioner of the division of tourism and
parks; the administrative forester of the division of forestry;
the director of the division of environmental protection; the
commissioner of the division of highways; the commissioner of the
division of motor vehicles; and six citizens appointed by the
governor with the advice and consent of the Senate fromnominations of organizations active within the state that
represent the following interests: A citizen representing the
interests of users of all-terrain vehicles; a citizen
representing the interests of users of off-highway recreational
motorcycles; a citizen representing the interests of users of
snowmobiles; two citizens representing the interests of non-
motorized outdoor recreation; one of whom shall represent the
interests of trail based recreation and one of whom shall
represent the interests of hunters and fishermen; and a citizen-
at-large. No more than three citizen members appointed shall be
from the same political party.
The members of the commission may designate persons from
within their respective agencies or organizations to represent
them on the commission from time to time. The members of the
commission shall make use of available resources and personnel
within their agencies and organizations to obtain expertise and
information necessary to develop and maintain the off-highway
recreational vehicle management plan. The citizen members of the
commission shall serve without compensation but shall be
reimbursed for necessary travel and other expenses incurred in
connection with carrying out their duties as members, which
expenses shall be paid in the manner and form prescribed by law.
The terms of office for members of the commission shall run
concurrently with that of the governor.
The commission shall meet quarterly, or as often as
necessary, upon call by the chairman. A majority of themembership of the commission shall constitute a quorum. Any
meeting of the commission shall be open to the public.
Biennially, the commission shall present a report to the
Legislature on the status of off-highway recreational vehicle use
in the state.
§20-3C-4. Off-highway recreational vehicle management plan.
(a) The off-highway recreational vehicle management plan
shall include: (1) Policies for the use of off-highway
recreational vehicles; (2) best management practices established
by the commission for the mitigation of environmental impacts
associated with the use, design, construction and management of
off-highway recreational vehicle trails; (3) standards for the
planning, design, construction and maintenance of such trails;
(4) policies and guidelines to be utilized by the commission and
the director of the division of natural resources in the
disbursement of funds for the purposes of this article; and (5)
standards for monitoring, mitigation and reclamation of any
adverse environmental impacts or resource conflicts associated
with such trails.
The plan may identify appropriate locations for off-highway
recreational vehicle trails, specify lands to be leased or
acquired for such trails and recommend appropriate personnel
qualifications and training to implement the provisions of this
article.
(b) No off-highway recreational vehicle trails designated
under this article shall be located upon the waters of anystream, river, bog, wetland, swamp, marsh or quagmire, except
over a bridge, culvert or similar structure.
(c) Public participation shall be facilitated in the
development and implementation of this off-highway recreational
vehicle management plan.
(d) The off-highway recreational vehicle management plan
developed under this article shall be consistent with the state
comprehensive outdoor recreation plan, the forest land management
plan of national forests within the state and laws of this state
and the laws of the United States.
§20-3C-5. General powers and duties of the director and
commission.
(a) The commission, in consultation with the director of the
division of natural resources, shall propose to promulgate rules
and regulations, pursuant to chapter twenty-nine-a of this code,
establishing standards for the use and operation of off-highway
recreational vehicles in formal events and competitions on public
lands vested in the state of West Virginia or managed by the
division of natural resources pursuant to this article and to
which rules and regulations shall be consistent with the findings
and purposes of this article.
(b) The director of the division of natural resources may,
with the approval of the commission, exercise the following
powers: (1) Lease or acquire lands for off-highway recreational
vehicle trails in the name of the division of natural resources;
(2) design, layout and construct such trails; (3) establishpolicies for the management of such trails; (4) make grants from
the off-highway recreational vehicle management fund for any
purpose authorized pursuant to section six; (5) make grants from
the off-highway recreational vehicle trail development fund for
any purpose authorized pursuant to section seven; and (6)
designate appropriate areas for off-highway recreational vehicle
trails.
(c) The director shall, with the approval of the commission,
develop an annual budget for the expenditure of all funds
pursuant to the provisions of this article.
§20-3C-6. Off-highway vehicle recreational management fund.
(a) There is hereby created a fund in the state treasury
that shall be designated the off-highway recreational vehicle
management fund. The fund shall consist of a portion of fees
received from the issuance of off-highway recreational vehicles
certificate of numbers, not to exceed twenty-five dollars per
certificate of numbers issued pursuant to article ten-a, chapter
seventeen-a of this code; from monies received under the National
Recreational Trails Fund Act (Public Law 102-240) that are
designated for the establishment of motorized recreational
trails; recreational use sticker fees; a portion of annual non-
resident use stickers fees, not to exceed twenty-five dollars per
sticker issued; temporary six-day-use sticker fees, ten dollars
per temporary six-day-use sticker issued; any gifts endowments,
grants and any other monies specifically appropriated or
allocated to the fund. The fund shall not be treated by theauditor or treasurer as part of the general revenue of the state.
The fund shall be a dedicated, special revolving fund to be
administered by the off-highway recreational vehicle management
commission in the manner specified in this section.
(b) Monies in the off-highway recreational vehicle
management fund shall be utilized by the director of the
division of natural resources for the following purposes:
(1) To develop, maintain and update the off-highway
recreational vehicle management plan;
(2) To administer the provisions of this article, including
hiring an off-highway recreational vehicle program supervisor who
shall direct and carry out the duties of the commission;
(3) To hire, train, and retain off-highway recreational
vehicle managers to adequately enforce the the provisions of this
article and rules and regulations promulgated in accordance with
this article concerning off-highway recreational vehicle use on
public lands;
(4) To promote and publicize the location of public off-
highway recreational vehicle trails throughout the state to
residents and tourists: Provided, That no funds shall be spent
for this purpose until at least three different public off-
highway recreational vehicle trails are open for use;
(5) For grants to qualified agencies or jurisdictions to
assist in providing law enforcement and off-highway recreational
vehicle user education to encourage responsible, safe use of off-
highway recreational vehicles; and
(6) To pay the expenses of the citizen members of the off-
highway recreational vehicle management commission incurred
during the performance of their duties; and
(7) To repair, reclaim and rehabilitate property, soils,
vegetation or streams damaged by unauthorized use of off-highway
recreational vehicles on land procured and designated for use
under the provisions of this article.
(8) To educate users on environmentally sensitive riding
habits including promoting avoidance of sensitive habitats, such
as wetlands, streams and public lands not acquired under this
act, and avoiding conflicts with the general public.
§20-3C-7. Off-highway recreational vehicle trail development
fund.
There is hereby created a fund in the state treasury that
shall be designated the off-highway recreational vehicle trail
development fund. The fund shall consist of fees collected from
the tax for privilege of certification of title for off-highway
recreational vehicle purchases, pursuant to section four, article
three, section seventeen-a of the code, from monies received
under the National Recreational Trails Fund Act (Public Law 102-
240) that are designated for the establishment of motorized
recreational trails; any gifts endowments, grants and any other
monies specifically appropriated or allocated to the fund. The
fund shall not be treated by the auditor or treasurer as part of
the general revenue of the state. The fund shall be a dedicated,
special revolving fund to be administered by the director of the division of natural resources in the manner specified in this
section:
(1) To procure by license, lease, or easement agreement
appropriate land resources for off-highway recreational vehicle
trails;
(2) For repayment of bonds issued in accordance with section
seven of this article to fund or partially fund the purchase of
a real estate interest in land for the construction of new off-
highway recreational vehicle trails;
(3) To designate suitable areas for off-highway recreational
vehicle trails, including design, construction, maintenance and
management of off-highway recreational vehicle trails;
(4) To provide personnel, equipment, material and supplies,
insurance and other necessary resources for the development,
maintenance, and management of public off-highway recreational
vehicle trails; and
(5) For grants to qualified state and federal agencies or
public or private organizations to fund or partially fund off-
highway recreational vehicle trail construction and maintenance
projects consistent with the off-highway recreational vehicle
management plan established by the off-highway recreational
vehicle management commission.
§20-3C-8. Off-highway recreational vehicle trail development
bonds.
The department of commerce, labor and environmental
resources is hereby authorized to issue bonds for the purpose offinancing the purchases of land and equipment for establishing
and construction of off-highway recreational vehicle trails. The
total bonded indebtedness incurred from the issuance of such
bonds shall not exceed twenty percent of the projected annual
revenues from the off-highway recreational vehicle trail
development fund. Revenues in the fund shall be the sole source
of funds used in repaying the debt incurred in the issuance of
such bonds.
§20-3C-9. Personnel.
(a) Persons hired or designated to serve in the positions
listed under subdivisions two and three, subsection (b), section
five of this article shall be employees of the division of
natural resources.
(b) The person hired or designated to be the off-highway
recreational vehicle program supervisor shall administer and
direct the implementation of this article at the direction of the
director of the division of natural resources: Provided, That
that person may also serve additional functions within the
division of natural resources, such as wildlife planning, real
estate administration, or other functions to the extent that such
duties do not interfere with that person's ability to carry out
the provisions of this article.
(c) The chief conservation officer of the division of
natural resources, acting under the supervision of the director,
is authorized to select and appoint as a special conservation
officer any off-highway recreational vehicle program supervisoror manager with the same powers and duties, and subject to the
same requirements, as special conservation officers appointed
pursuant to section one, article seven of this chapter.
(d) Persons hired or designated as the off-highway
recreational vehicle program supervisor or off-highway
recreational vehicle recreation managers shall meet the
qualifications as required by the director of the division of
natural resources.
(e) The salaries of persons hired or designated to be off-
highway recreational vehicle recreation managers and the person
hired or designated to be the off-highway recreational vehicle
program supervisor shall be paid from monies from the off-highway
recreational vehicle management fund.
§20-3C-10. Recreational use stickers and non-resident off-
highway recreational vehicle use sticker required.
(a) No person shall operate or possess an off-highway
recreational vehicle owned by a resident of this state on an off-
highway recreational vehicle trail on designated public lands
without a valid recreational use sticker displayed on the vehicle
in a readily visible manner.
(b) The division or its agents, authorized under subsection
(f) of this section, shall issue recreational use stickers, upon
request, accompanied by a fifteen dollar fee and proof of
certificate of numbers or completed certificate of numbers
application. The recreational use sticker shall expire two years
from its date of issue and shall be renewed in the same mannerthat the original recreational use sticker was obtained.
(c) No person shall operate within the territorial limits of
this state an off-highway recreational vehicle owned by a
resident of another state and exempt from numbering under section
two, article ten-a, chapter seventeen-a of this code without a
current valid non-resident use sticker is affixed and displayed
upon the vehicle in a readily visible manner, unless exempted
under subsection (h) of this section.
(d) Application for an off-highway recreational vehicle
recreational use sticker and non-resident use sticker shall be
made in a form prescribed by the division of natural resources or
duly appointed agent. The division or its agents shall require
the applicant for a non-resident use sticker to provide proof of
residence and proof of vehicle ownership. The off-highway
recreational vehicle management commission shall propose to
promulgate rules and regulations, in accordance with chapter
twenty-nine-a of this code, to implement this section.
(e) The off-highway recreational vehicle management
commission shall authorize the director of the division of
natural resources to issue annual non-resident use stickers upon
receipt of a completed application, proof of ownership and
residence and a fee of thirty dollars. The division may also
issue a temporary six-day-use sticker that shall sell for ten
dollars.
(f) The director of the division of natural resources may
appoint persons as agents with authority to issue recreationaluse stickers and non-resident use stickers. Such agents may
include recreational vehicle dealers, hunting and fishing
licensing agents. Additionally, the director may authorize
employees of any state agency to sell recreational use stickers
and non-resident use stickers. The director shall require each
agent, other than state agency employees, authorized to issue
recreational use stickers and non-resident use stickers to file
him a bond of one thousand dollars conditioned on the faithful
performance of the obligations of the agent to issue recreational
use stickers and non-resident use stickers in accordance with
this article and to account for all fees collected in the
issuance of the stickers. The issuing agent or agency shall be
entitled to retain a two dollar commission from the fee collected
for each sticker issued.
(g) The director shall receive all fees collected in issuing
recreational use stickers and non-resident use stickers and shall
deposit two dollars from the fees on each sticker in the state
treasury to the credit of the division of natural resources to be
used for administering the use sticker system. The director
shall deposit all remaining fees collected in issuing
recreational use stickers and non-resident use stickers in the
state treasury to the credit of the off-highway recreational
vehicle management fund to be used and paid out by the off-
highway recreational vehicle management commission solely for
purposes specified in section five of this article.
(h) Registered participants in organized competitive off-highway recreational vehicle events on private property or
organized off-highway recreational vehicle outings conducted in
cooperation with public agencies, whether for profit or not-for-
profit, for the purpose of participating in that event, shall be
exempt from the requirements for obtaining non-resident use
stickers while competing in such events.
§20-3C-11. Off-highway recreational vehicle use on public roads
and highways.
(a) Except as otherwise provided in this article, no person
shall operate an off-highway recreational vehicle that is not
properly registered for operation on roads and highways by the
division of motor vehicles and does not meet equipment standards
established for operation on such roads and highways on any
public road or highway or within the right of way of any highway.
(b) The operator of an off-highway recreational vehicle is
permitted to make a direct crossing of a highway, except a
limited access highway, subject to the following conditions:
(1) The crossing shall be made at a ninety degree angle to
the direction of the highway and at a location causing minimal
obstruction of traffic.
(2) The operator shall bring the off-highway recreational
vehicle to a complete stop before entering the roadway portion of
the highway, and the operator must yield to all traffic.
(3) If equipped, both the headlamp and taillight shall be
illuminated when crossing the roadway.
(c) The operator of an off-highway recreational vehicle maycross a limited access highway, subject to the provisions in
subsection (b) of this section, but only at a point that is
officially designated as an off-highway recreational vehicle
crossing by the division of highways and the off-highway
recreational vehicle management commission.
(d) An off-highway recreational vehicle used exclusively for
farming, animal husbandry, or the commercial production of
natural resources in going from one tract of land to another
tract of land regardless of whether such land be owned by the
same or different persons, may operate within the right of way of
a highway, staying off the roadway as much as possible, for a
maximum distance of fifteen miles, as necessary to proceed
directly from one tract of land to another tract of land of the
vehicle.
The off-highway recreational vehicle shall be operated in a
safe manner and in no case shall exceed twenty miles per hour.
Any off-highway recreational vehicle operating on roads or
highways under the provisions of this section shall have
displayed the slow-moving vehicle emblem required under section
nine, article six, chapter seventeen-c of the code. The
headlight and taillight of the off-highway recreational vehicle
shall be illuminated at all times when operating within such
right of way. For the purposes of this subsection, members of
the land owner's family are considered owners.
(e) The Legislature recognizes that this state has many
miles of primitive and low service roads and rights of waycurrently under the jurisdiction of the division of highways
that, if appropriate, may be used to establish off-highway
recreational vehicle trails. The Legislature hereby encourages
that such roads be evaluated for suitability for inclusion in an
off-highway recreational vehicle trails system and further
encourages the division of highways and the commission to
designate such roads as off-highway recreational vehicle trails
managed under the plan: Provided, That such designation will not
significantly and adversely affect existing uses of such roads or
adjoining land with respect to noise, dust, congestion or other
disturbances and is given public notice and a public hearing held
on such designation in close proximity to the location of the
primitive or low service road or right-of-way under the
juridiction of the division of highways proposed to be converted
into a off-highway recreational vehicle trail, at a time to allow
adequate public participation. Provided further, That in
addition to publishing a Class III legal advertisement, in
accordance with article three, chapter fifty-nine of the code,
the off-highway recreational vehicle management commission shall
notify by certified mail, those persons owning lands adjacent to
such road or right-of-way proposed to be converted into an off-
highway recreational vehicle trail, of the time, date and
location of the public hearing held on the proposal such public
notice shall be a Class III legal advertisement in accordance
with article three, chapter fifty-nine of the code.
(f) Any off-highway recreational vehicle that is beinglawfully operated under the provisions of this article may be
operated within the right of way of a highway which is closed and
has been designated as open to off-highway recreational vehicle
traffic by the division of highways and the off-highway
recreational vehicle management commission: Provided, That the
operator of an off-highway recreational vehicle operating on a
highway designated for off-highway recreational vehicle use under
this subsection shall operate in accordance with articles three,
seven, eight, nine and ten, chapter seventeen-c of this code,
relating to obeying traffic signs, operating on the right side of
the roadway and passing, turning and stopping, right-of-way and
pedestrians' right-of-way.
(g) The penalty for violation of the provisions of this
section shall be a fine not more than fifty dollars on the first
offense and a fine not more than one hundred dollars on each
subsequent offense.
§20-3C-12. Off-highway recreational vehicle use prohibited on
certain state lands; exceptions.
(a) It shall be unlawful to operate an off-highway
recreational vehicle on state parks, state forests and wildlife
management areas except for the following:
(1) The state agency managing such land may designate
certain roads open to holders of Class Q hunting licenses,
subject to the provisions of article two, chapter twenty of the
code governing legal hunting; and
(2) The state agency managing such land may designate andauthorize the establishment of off-highway recreational vehicle
trailhead facilities along the outer boundary of any state park,
state forest or wildlife management area if it is determined to
be compatible with the existing uses of that state park, state
forest or wildlife management area and if there has been a
demonstration of a need for trailhead facilities and sufficient
adjoining land resources are available for establishing off-
highway recreational vehicle trails.
(b) It shall be unlawful to operate an off-highway
recreational vehicle on public lands not specifically designated
for such use, to operate an off-highway recreational vehicle on
public land outside of a designated off-highway recreational
vehicle trail or trail facility.
(c) The penalty for a violation of this section, upon
conviction, shall be a fine of not less than one hundred dollars
nor more than three hundred dollars for a first offense, a fine
of not less than three hundred dollars nor more than five hundred
dollars for the second offense. Upon the third and subsequent
offenses, the penalty for a violation of this section, upon
conviction, shall be a fine of not less than three hundred
dollars nor not more than five hundred dollars, confinement in a
county jail for not less than twenty-four hours nor more than one
year and revocation of the certificate of numbers by the division
of motor vehicles for a period of not less than five years or
forfeiture of the off-highway recreational vehicle which shall be
auctioned and sold and the proceeds obtained therefrom shall beplaced in the off-highway recreational vehicle management fund
and used to reclaim, repair and rehabilitate areas damaged by
off-highway recreational vehicle use.
§20-3C-13. Lands acquired for public off-highway recreational
vehicle trails and trail facilities; off-highway
recreational vehicle use restrictions on private lands.
(a) The Legislature hereby encourages private landowners to
make their lands available for the establishment of public off-
highway recreational vehicle trails under the management of the
state as provided for in this article.
(b) The off-highway recreational vehicle management
commission is hereby authorized to enter license, lease, and
easement agreements with the owners of private land for the
purposes set forth in this article and in accordance with the
off-highway recreational vehicle management plan. Such
agreements shall be for a sufficient time period to amortize the
investment of public funds for the construction of off-highway
recreational vehicle trails.
(c) The off-highway recreational vehicle management
commission is hereby authorized to purchase real estate interests
in lands from a willing seller for the purposes set forth in this
article and in accordance with the off-highway recreational
vehicle management plan only if an agreement as in accordance
with subsection (b) is not feasible or desirable.
(d) An owner or lessee who provides land for the purposes
provided for in of this article or who own land adjoining oradjacent to such land, by providing land for off-highway
recreational vehicle trails, shall not:
(1) Be presumed to extend any assurance that the land is
safe for any purpose;
(2) Incur any duty of care toward a person who goes on that
land; or
(3) Become liable for any injury to persons or property
caused by an act or an act of omission of a person who goes on
that land.
(e) Subsection (d) shall be applicable regardless of whether
the person using the land or adjoining land is an invitee,
licensee, trespasser or otherwise.
(f) This article does not relieve any person of liability
which would otherwise exist for deliberate, willful or malicious
attempts to cause injury to persons or property.
(g) Lands adjoining areas designated for public off-highway
recreational vehicle trails and trail facilities shall be
considered posted closed to entry unless conspicuously posted
open for public entry. Willfull entry on such land shall be
considered trespass and subject to the penalties listed under
subsection (l).
(h) The owner or lessee who provides the public with land as
provided in subsection (b) is eligible to receive funds for
existing or subsequent damage as provided for in this article
under section five of this article.
(i) A private landowner whose person or property is damagedby unauthorized use of an off-highway recreational vehicle,
including but not limited to damage to livestock, turf, fences,
structures, machinery, shall be entitled to civil damages against
the owner of said off-highway recreational vehicle three times
the value the damage created.
(j) It shall be a violation of this article and a
misdemeanor for any operator of an off-highway recreational
vehicle on private land to not stop and identify himself upon the
request of the owner or lessee of such land. The penalty for a
violation of this subsection, upon conviction, shall be a fine of
not less than one hundred dollars nor more than five hundred
dollars or confinement in a county jail for not less than twenty-
four hours nor more than six months.
(k) No person shall operate an off-highway recreational
vehicle in or upon any private property owned by another person
without the written consent of the owner, owner's agent, lessee
or other authorized person in his or her immediate possession.
Failure to post, fence or otherwise enclose such private property
in a manner to exclude intruders or failure by the private
property owner, owner's agent, lessee or other authorized person
to personally communicate against trespass shall not imply
consent by the private property owner to off-highway recreational
vehicle use. The penalty for a violation of this subsection,
upon conviction, shall be a fine of not less than one hundred
dollars nor more than five hundred dollars or confinement in a
county jail for not less than twenty-four hours nor more than sixmonths.
(l) In addition to the provisions of subsection (k), it
shall be a violation of this article and a misdemeanor for any
person operating an off-highway recreational vehicle on private
land to not immediately remove the off-highway recreational
vehicle from such land upon the request of the owner, owner's
agent, lessee or other authorized person. The penalty for a
violation of this subsection, upon conviction, shall be a fine of
not less than one hundred dollars nor more than five hundred
dollars or confinement in a county jail for not less than twenty-
four hours nor more than six months.
(m) It shall be a violation of this article and a
misdemeanor for any person to gain entry onto private property
for the purpose of operating an off-highway recreational vehicle
by disabling a locked gate; by intentionally by-passing such
gate; by cutting or destroying fencing or walls, or by removing,
damaging, or otherwise defacing signs posted on such property.
The penalty for a violation of this subsection, upon conviction,
shall be a fine of not less than twenty dollars nor more than two
hundred dollars, or imprisoned in the county jail not less that
one nor more than six months, or both fined and imprisoned.
(n) The criminal penalties in this subsection shall be in
addition to civil damages available under subsection (i).
§20-3C-14. General restrictions for off-highway recreational
vehicle use.
(a) No person shall operate or permit to be operated an off-highway recreational vehicle unless the vehicle is equipped with
a spark arrester type United States forest service approved
muffler in good working order and in constant operation or with
an exhaust system that exceeds a 99dbA sound as measured by the
test procedure outlined in the American national standards
institute SAEJ1287, on any public land or within the confines of
any public off-highway recreational vehicle trail. The penalty
for a violation of this subsection, upon conviction, shall be a
fine not less than fifty dollars nor more than five hundred
dollars for the first offense and not less than two hundred
dollars nor more than one thousand dollars for each subsequent
offense.
(b) No person shall possess, operate or transport or allow
to be operated or transported an off-highway recreational
vehicle, owned by a resident of this state, within this state
without a valid certificate of numbers sticker displayed on the
vehicle in accordance with section two, article ten-a, chapter
seventeen-a of this code and rules and regulations promulgated
thereof. The penalty for a violation of this subsection, upon
conviction, shall be a fine not less than fifty dollars nor more
than five hundred dollars for the first offense and not less than
two hundred dollars nor more than one thousand dollars for each
subsequent offense.
(c) No person shall operate an off-highway recreational
vehicle, owned by a resident of another state, within the
territorial limits of this state, without a valid recreationaluse sticker being displayed on the off-highway recreational
vehicle in a readily visible manner, in accordance with this
article and rules and regulations promulgated thereof. The
penalty for a violation of this subsection, upon conviction,
shall be a fine not less than one hundred dollars nor more than
five hundred dollars for the first offense and not less than one
hundred dollars nor more than five hundred dollars in addition to
confinement in a county jail for not less than twenty-four hours
nor more than six months for each subsequent offense.
(d) Any person, sixteen years of age and over, operating an
off-highway recreational vehicle on a road or highway under the
jurisdiction of the division of highways or within the right-of-
way of any road or highway under the jurisdiction of the division
of highways, as authorized under the provisions of this article,
shall possess a valid driver's license issued by his or her state
of residence, which shall be maintained in his or her possession.
The penalty for a violation of this subsection, upon conviction,
shall be a fine of not less than fifty dollars nor more than one
hundred dollars for the first offense and not less than one
hundred dollars nor more than two hundred dollars for each
subsequent offense.
(e) Every person under sixteen years of age while operating
an off-highway recreational vehicle on property not owned by said
person or the family of said person shall be under the constant
and direct supervision of an adult unless such youthful operator
has in his possession a valid riders safety certificaterecognized by the off-highway recreational vehicle management
commission. The penalty for a violation of this subsection, upon
conviction, shall be a fine of not less than fifty dollars nor
more than one hundred dollars for the first offense and not less
than one hundred dollars nor more than two hundred dollars for
each subsequent offense.
(f) No person sixteen years of age or under shall operate an
off-highway recreational vehicle on public land or lands procured
under this article unless that person has completed a rider's
safety training course recognized by the off-highway recreational
vehicle management commission and maintains in his or her
possession a valid riders safety certificate verifying such
completion. Provided, That if the youthful operator has not
completed the course and is approached by any law enforcement
officer authorized to enforce the provisions of this article,
that person shall be required to complete a rider's safety
training course within thirty days. Provided further, That if
the youthful operator fails to complete the rider's safety
training course within thirty days, that person shall be
prohibited from operating an off-highway recreational vehicle on
public lands or lands procured under this article for one year.
If the youthful operator continues to operate an off-highway
recreational vehicle in violation of this subsection, the parents
or legal guardian of such operator, upon conviction, shall be
subject to a fine of not less than one hundred dollars nor more
than two hundred dollars.
This subsection shall not apply to any person operating an
off-highway recreational vehicle for farming, animal husbandry or
the commercial production of natural resources.
(g) No person under twelve years of age shall operate or be
allowed to operate an off-highway recreational vehicle on public
lands or lands acquired under this article: Provided, That the
off-highway recreational vehicle management commission may
approve and designate certain off-highway recreational vehicle
trails and trail facilities which permit off-highway recreational
motorcycles to be operated by persons six years of age and older,
subject to the provisions of this article and any rules and
regulations promulgated hereunder. The parents or legal guardian
of any person in violation of this subsection, upon conviction,
shall be subject to a fine of not less than fifty dollars nor
more than one hundred dollars for the first offense and not less
than one hundred dollars nor more than two hundred dollars for
each subsequent offense.
(h) Every person operating an off-highway recreational
vehicle on a public off-highway recreational vehicle trail shall
wear an approved safety helmet meeting the United States
department of transportation standards and eye protection. The
penalty for a violation of this subsection, upon conviction,
shall be a fine of not less than fifty dollars nor more than one
hundred dollars for the first offense and not less than one
hundred dollars nor more than two hundred dollars for each
subsequent offense.
(i) No person shall operate an off-highway recreational
vehicle while intoxicated or under the influence of alcohol or
controlled substance. A blood alcohol level in excess of .1
percent shall be sufficient evidence of such intoxication. The
penalty for violation of this subsection, upon conviction, shall
be a fine of not less than one hundred dollars nor more than five
hundred dollars for and confinement in the county jail for not
less than twenty-four hours nor more than six months.
§20-3C-15. Enforcement.
(a) Any law enforcement personnel, including the employees
or authorized agents of the division of forestry, the division of
tourism and parks, the division of public safety, the sheriff of
any county; municipal police departments, the United States
department of agriculture, the United States forest service, the
United States department of interior, bureau of land management
and national park service, is hereby authorized to enforce the
provisions of this article and rules and regulations promulgated
thereof.
(b) The state is hereby authorized to enter into cooperative
agreements with federal agencies for the purpose of regulating
off-highway recreational vehicle use on federal lands.
§20-3C-16. Accidents and accident reports.
If an accident involving an off-highway recreational vehicle
results in the death of any person or in the injury of any person
which requires treatment by a physician, the operator of each
vehicle involved in the accident shall give immediate notice ofthe accident to the law enforcement agency with jurisdiction over
the location of the accident. The operator of each vehicle and
the investigating law enforcement officer shall file a written
accident report with the division of natural resources within
thirty days following the accident.
§20-3C-17. Authority for regulations.
The commissioner of the division of motor vehicles and the
off-highway recreational vehicle management commission are
authorized to propose to promulgate such rules and regulations
pursuant to this article as are necessary to carry out the
provisions of this article, and any reference to regulations in
this article shall be interpreted to require promulgation of
rules and regulations in accordance with section three, chapter
twenty-nine-a of this code.
NOTE: The purpose of this bill is to impose restrictions on
the use of off-highway recreational vehicles generally and use
revenues generated from user fees to establish a system of public
trails for off-highway recreational vehicle use.
Strike-throughs indicate language that would be striken from
the present law, and underscoring indicates new language that
would be added.
Article ten-a, chapter seventeen-a and article three-c,
chapter twenty are new; therefore, strike-through recreational
and underscoring have been omitted.