H. B. 2217
(By Delegate Hunt)
[Introduced January 17, 1999; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend article fourteen, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section fourteen, relating to prohibiting the operation of
all-terrain vehicles on publicly maintained streets or
highways, except during a state of emergency; providing
criminal penalties; and allowing pursuit of violator by
police officer on private lands.
Be it enacted by the Legislature of West Virginia:
That article fourteen, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
fourteen, to read as follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-14. Operating all-terrain vehicles on public highways prohibited.
(a) No person may operate an all-terrain vehicle (ATV), as
defined in section one, article one, chapter seventeen-a of
this code, or other such motorized vehicle intended only for
off-the-road recreational use, on a publicly maintained street or
highway, except in a declared state of emergency when it is
necessary to operate an all-terrain vehicle or other such vehicle
on a publicly maintained street or highway in furtherance of
emergency relief efforts.
(b) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined or imprisoned, or both fined and imprisoned, pursuant to
the provisions of section one, article eighteen of this chapter.
(c) Notwithstanding any provision of law to the contrary, a
municipal, county or state police officer may enter upon private
lands while in pursuit of the operator of an all-terrain vehicle
or other such vehicle while the operator is violating the
provisions of this section.
NOTE: The purpose of this bill is to prohibit the operation
of all-terrain vehicles on publicly maintained streets or
highways, except during a state of emergency.
This section is new; therefore, strike-throughs and
underscoring have been omitted.