Senate Bill No. 199
(By Senators Oliverio, Wooton, Ball and Mitchell)
__________
[Introduced January 22, 1999;
referred to the Committee on Transportation; and then to the
Committee on the Judiciary.]
A BILL to amend chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-three,
relating to the use of all-terrain vehicles; prohibiting
certain acts by the operator, seller and rental agent;
requiring certain equipment; and requiring notification of
accidents.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article twenty-three, to read as
follows:
ARTICLE 23. ALL-TERRAIN VEHICLES.
§17C-23-1. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated:
(1) On any highway, other than an unimproved secondary road,
or residential street, except as authorized by proper authorities
or to the extent necessary to cross a highway or residential street
by the most direct route;
(2) By any person under the age of sixteen, except that
children between the ages of twelve and sixteen may operate all- terrain vehicles powered by engines of no less than seventy nor
more than ninety cubic centimeters displacement;
(3) By any person under the age of eighteen unless he or she
is wearing a protective helmet of a type approved by the
superintendent of the West Virginia state police;
(4) On another person's property without the written consent
of the owner of the property or as explicitly authorized by law;
(5) With a passenger at any time;
(6) In a careless or reckless manner so as to endanger or
cause injury or damage to any person or property; or
(7) While under the influence of alcohol or any controlled
substance, or under the influence of a prescription or non- prescription drug that impairs vision or motor coordination.
(b) The provisions of this section shall not apply:
(1) To any all-terrain vehicle being used in conjunction with
farming activities; or
(2) To members of the household or employees of the owner or
lessee of private property on which the all-terrain vehicle is
operated.
§17C-23-2. Prohibited acts by seller.
(a) No person shall knowingly sell or offer to sell an all- terrain vehicle with an engine capacity of seventy cubic
centimeters of displacement or greater for use by a person under
twelve years of age.
(b) No person shall knowingly sell or offer to sell an all- terrain vehicle with an engine capacity of greater than ninety
cubic centimeters for use by a person under sixteen years of age.
§17C-23-3. Prohibited acts by rental agent.
No person who is engaged in the rental or leasing of all- terrain vehicles to the public shall knowingly rent or lease an
all-terrain vehicle with an engine size of more than ninety cubic
centimeters of displacement to be operated by a person less than
sixteen years of age.
§17C-23-4. Required equipment.
(a) The following requirements apply when an all-terrain
vehicle is operated in this state:
(1) Every all-terrain vehicle operated during hours of
darkness shall display a lighted headlamp and tail lamp. These
lights must be in operation during the period of from one-half hour
after sunset to one-half hour before sunrise and at any time when
visibility is reduced due to insufficient light or unfavorable
atmospheric conditions, unless use of lights is prohibited by other
applicable state laws such as prohibition on use of lamps when
hunting at night.
(2) Every all-terrain vehicle must be equipped with a brake
system maintained in good operating condition.
(3) Every all-terrain vehicle must be equipped with an
effective muffler system in good working condition.
(4) Every all-terrain vehicle must be equipped with an
effective spark arrester in good working condition.
(b) All-terrain vehicles participating in certain competitive
events may be exempted from all or any parts of this section at the
discretion of the director of the division of natural resources.
§17C-23-5. Notice of accident.
(a) The operator of an all-terrain vehicle involved in an
accident resulting in injuries resulting in hospitalization or
death, or some person acting for the operator, or the owner of the
all-terrain vehicle having knowledge of the accident shall immediately notify a law enforcement officer.
(b) Any law enforcement agency receiving a report of an
accident under this section shall forward the report to the Office
of Epidemiology and Health Promotion of the Bureau of Public
Health.
NOTE:The purpose of this bill is to regulate the
operation of all-terrain vehicles.
This article is new; therefore, strike-throughs and
underlining have been omitted.
This bill was recommended by the Joint Standing Committee on
the Judiciary for introduction and passage during the 1999
legislative session.