hb4022 intr

H. B. 4022

(By Delegate Compton)

[Introduced January 13, 2000; referred to the

Committee on Roads and Transportation then 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-four, relating to the use of all-terrain vehicles; prohibiting the operation of all-terrain vehicles on public streets and highways except in relief efforts in declared emergency; setting engine size limits for all-terrain vehicles operated by children; prohibiting certain acts by the operator, seller and rental agent; requiring certain equipment and driver training; requiring notification of accidents; providing criminal penalties; and allowing pursuit of violator on private lands by police officer.

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-four, to read as follows:
ARTICLE 24. ALL-TERRAIN VEHICLES.
§17C-24-1. Operating all-terrain vehicles on public highways prohibited.

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 federally- or state- 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.
§17C-24-2. Size of engine, equipment and training regulated; prohibited acts by operator.

(a) Children under the age of twelve may not operate all-terrain vehicles having engines powered by more than sixty-nine cubic centimeters displacement. Children between the ages of twelve and sixteen may not operate all-terrain vehicles powered by engines of less than seventy nor more than ninety cubic centimeters displacement.

(b) No person may operate an all-terrain vehicle:

(1) Unless he or she is wearing a protective helmet of a type approved by the superintendent of the West Virginia state police;

(2) While carrying a passenger except that a driver may carry an ill or injured passenger where the health or safety of the passenger is otherwise threatened and use of the all-terrain vehicle is required to carry the passenger away from danger or to obtain required medical care;

(3) While under the influence of alcohol or any controlled substance, or under the influence of a prescription or nonprescription drug which impairs vision or motor coordination;

(4) On another person's property without the written consent of the owner of the property or as explicitly authorized by law;

(5) In a careless or reckless manner so as to endanger or cause injury or damage to any person or property.

(6) Unless the operator has completed a rider safety course approved by the superintendent of the state police.

(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-24-3. Prohibited acts by seller.

(a) No person may 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 may 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-24-4. Prohibited acts by rental agent.

No person who is engaged in the rental or leasing of all-terrain vehicles to the public may 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, or with an engine size of seventy or more cubic centimeters of displacement to be operated by a person less than twelve years of age.
§17C-24-5. 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 competitive events open to the public may be exempted from all or any parts of this section at the discretion of the director of the division of natural resources.
§17C-24-6. 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.
§17C-24-7. Penalties; pursuit on private land by law-enforcement officers.

(a) Any person violating the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars or confined in the county or regional jail not more than ten days; for a second conviction thereafter the person shall be fined not more than two hundred dollars or confined not more than twenty days or both fined and imprisoned; upon a third or subsequent conviction a person shall be fined not more than five hundred dollars or confined not more than six months, or both fined and imprisoned.

(b) 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 article.

NOTE: The purpose of this bill is to regulate the operation of all-terrain vehicles. The bill clarifies that ATVs and other recreational vehicles designed for off-road use are prohibited from operation on publically maintained streets and highways, and requires written consent of the owner before operation of an ATV on private property.

The bill sets engine size limits for ATVs being operated by children or sold or rented for use by children, lists equipment required on ATVs, requires operator training, requires the reporting of certain accidents to law-enforcement officers and provides for reporting of accidents to the Bureau of Public Health.

The bill provides for misdemeanor penalties and permits law-enforcement officers to enter on private property to pursue an ATV operator violating any provision of the article at that time.

This article is new; therefore, strike-throughs and underscoring have been omitted.