H. B. 4647


(By Delegates Trump and Faircloth)
[Introduced February 27, 1998; referred to the
Committee on Banking and Insurance.]




A BILL to amend and reenact section two, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting the operation of all terrain vehicles on public highways unless they are licensed.

Be it enacted by the Legislature of West Virginia:
That section two, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
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, licensing and certificate of title provisions of this chapter except:
(1) Any vehicle driven or moved upon a highway in conformance with the provisions of this chapter relating to manufacturers, transporters, dealers, lienholders or nonresidents or 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 may 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 the trailer is used, when the trailer is used by the owner thereof for the purpose of moving farm produce and livestock from the farm along a public highway for a distance not to exceed twenty-five miles to a storage house or packing plant, when the use is a seasonal operation:
(A) The exemptions contained in this section shall also apply to all-terrain vehicles used in farming operations, farm machinery and tractors: Provided, That the all-terrain vehicles, machinery and tractors may use the highways in going from one tract of land to another tract of land regardless of whether the 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 may 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 the 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 fee shall 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 in no way exempts 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: Motorboats, all-terrain vehicles and snowmobiles. (7) Any special mobile equipment as defined in subsection (r), section one, article one of this chapter.
(b) The provisions of this article relating to recreational vehicles shall become effective on the first day of July, one thousand nine hundred eighty-nine.
(c) (b) Notwithstanding the provisions of subsections subsection (a) and (b) of this section:
(1) Mobile homes or manufactured homes are exempt from the requirements of annual registration, license plates and fees;
(2) House trailers may be registered and licensed; and
(3) Factory-built homes are subject to the certificate of title provisions of this chapter.



NOTE: The purpose of this bill is to prohibit the operation of all terrain vehicles on public highways unless they are licensed.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.