SB729 ORG

Senate Bill No. 729

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[Originating in the Committee on Transportation;
reported April 4, 2001.]
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A BILL to amend code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter seventeen-f, relating to regulation of all-terrain vehicles; establishing legislative purpose; creating definitions; establishing requirements for registration and certificate of title; establishing requirements for safety equipment; requiring the division of motor vehicles to establish guidelines for operation of all- terrain vehicles; creating a safety and education committee; establishing the duties and responsibilities of the safety and education committee; establishing all-terrain vehicle operator training; establishing instructor training and qualifications; authorizing program implementation and fees; creating exemptions from general purpose all-terrain vehicle operator's license examination; creating general purpose all-terrain vehicle safety account; establishing effective date; exempting limited purpose all-terrain vehicles from licensing and safety requirements; establishing prohibited acts by operator of limited purpose all-terrain vehicle; establishing penalties; giving municipalities authority to regulate use of all-terrain vehicles within municipalities; authorizing division of motor vehicles to promulgate legislative rules; requiring sales tax be charged to purchasers by dealers; establishing refunds in certain circumstances; and requiring all-terrain vehicle rental dealers to provide safety equipment.

Be it enacted by the Legislature of West Virginia:

That the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new chapter, designated chapter seventeen-f, to read as follows:
CHAPTER 17F. ALL-TERRAIN VEHICLES
ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS.
§17F-1-1. Legislative findings.

The Legislature finds that the use, and the evolution of the use, of all-terrain vehicles (ATVs) in the state of West Virginia has created a popularity and proliferation of these vehicles that demands legislative attention and intervention. The Legislature finds that it is in the public interest and in the public welfare to treat all-terrain vehicles as legal vehicular entities unique unto themselves for the following reasons:

(a) All-terrain vehicles are being used in our state for off-road recreational purposes such as trail riding, camping and hunting; and

(b) All-terrain vehicles are being used in our state for other off-road purposes, such as access to logging sites, utility line inspection, firefighting and law enforcement, and other business, commercial, and farm use; and

(c) All-terrain vehicles are being ridden on our state roadways and, if used on our roadways, should be subject to the same licensing, titling, equipment and insurance requirements as any other motor vehicle; and

(d) The current morbidity and mortality rates for ATV accidents in our state is the second-highest per capita in the nation, with the rate of ATV-related deaths in West Virginia being nearly eight times the national rate; and

(e) Ninety-five percent of the victims involved in ATV- related accidents which resulted in death or injury were not wearing helmets, and fifty percent of the deaths from ATV-related accidents were due to brain injury; and

(f) Because of these varied uses of ATVs and the differing potential hazards associated with these uses, the state has a duty to protect the health, safety and welfare of its citizenry. Given these facts and concerns, the Legislature further finds as a matter of public policy, and taking into account the state's topography, its demographic components and the differences in all-terrain vehicle models and in all-terrain vehicle uses, the regulation of all-terrain vehicles should be divided between those ATVs which will be operated upon the roadways of this state, and those ATVs which will be operated upon farmlands, logging roads, utility right-of-ways, unpaved roads, in woodlands and on trails.
§17F-1-2. Definitions.

For purposes of this chapter:

(a) "General purpose all-terrain vehicle" means an ATV which has been licensed and equipped for use as such on the state's public roadways, notwithstanding the definition as set forth in subsection (ii), section one, article one of chapter seventeen-a. All general purpose ATVs shall be titled, taxed, licensed and insured for general purpose uses in accordance with the applicable provisions of chapters seventeen-a, seventeen-b, and seventeen-c of this code. Such general purpose ATVs may be operated only with road-worthy equipment, as set forth in article two hereinafter. Such general purpose ATVs may be operated only by operators who have a drivers license and have completed successfully a general purpose ATV safety class, as set forth in article two below. General purpose ATVs may be used in any manner in which limited purpose ATVs may be used.

(b) "Limited purpose all-terrain vehicle" means an ATV which is used exclusively in recreational, firefighting, law enforcement, or off-road use upon farmlands, or commercial off- road use on logging roads, utility right-of-ways, or unpaved roads, or upon any roadways as designated for all-terrain vehicle use by the commissioner of highways, upon any lands or trails as designated for all-terrain vehicle use by the division of natural resources, or as the Legislature may provide, or upon private property woodlands and trails, notwithstanding the definition as set forth in subsection (ii), section one, article one of chapter seventeen-a. The limited purpose ATV is exempt from the registration, licensure and insurance requirements for general purpose ATVs, as are set forth in the applicable provisions of chapters seventeen-a, seventeen-b and seventeen-c of this code, and as incorporated in article two of this chapter.

(d) "All-terrain vehicle rental agent" means any person or entity which offers all-terrain vehicles for rent or lease on a daily or hourly basis.

(e) "State roadways" means those roadways as defined in section twenty-eight, article one, chapter seventeen of this code.

(f) "Division" means the division of motor vehicles.
ARTICLE 2. GENERAL PURPOSE ALL-TERRAIN VEHICLE.

§17F-2-1. Registration and certificate of title required for general purpose all-terrain vehicles.

(a) In accordance with the provisions of section four, article three, chapter seventeen-a of this code, any general purpose all-terrain vehicle as defined in section two, article one of this chapter, which is owned by a resident of this state and located within this state is subject to the certificate of title and the payment of the privilege tax which would apply to any motorcycle or motor vehicle to be used upon the state roadways.

The division shall, on and after the first day of October, two thousand and two, provide each general purpose all-terrain vehicle owner who obtains a title with a license and indicia of registration. The division shall charge twelve dollars registration fee in addition to any other applicable fees authorized in chapter seventeen -a of this code. Four dollars of the registration fee shall be use for the safety education program established in section five, article two, chapter seventeen-f of this code. The general purpose all-terrain vehicle owner shall affix the indicia of registration to the all- terrain vehicle where it is clearly visible. Any operator of the general purpose all-terrain vehicle shall carry the identification number certificate when operating the general purpose all-terrain vehicle.

(b) The division shall issue the identification number certificate and indicia of registration in the following manner:

(1) When the general purpose all-terrain vehicle is titled in the name of the owner, upon application, issue to the owner applicant an identification number certificate and indicia of registration for display in accordance with the provisions of this section. Any seller of an all-terrain vehicle shall properly reassign his or her interest in the all-terrain vehicle to any subsequent purchaser on the reverse side of the certificate of title and the identification number certificate.

(c) Upon the transfer of ownership of any general purpose all-terrain vehicle which displays an identification number indicia of registration, the seller shall properly reassign his or her interest in the general purpose all-terrain vehicle on the reverse side of the identification number certificate and the certificate of title to the purchaser who shall within sixty days of purchase apply to the division for a new certificate of title in the purchaser's name, pay the required privilege tax and obtain a new identification number certificate and indicia of registration.

(d) Upon the transfer of ownership of any all-terrain vehicle on or after the first day of October, two thousand and two, which does not display an identification number and indicia of registration, the purchaser shall within sixty days of purchase complete a statement of ownership, obtain a verification of the manufacturer's identification serial number and apply to the division for a certificate of title in the purchaser's name, pay the required privilege tax and obtain an identification number certificate and indicia of registration.

(e) On or after the first day of October, two thousand and two, it shall be unlawful for any person to own or operate a general purpose all-terrain vehicle on the roadways in this state, unless an identification number certificate is carried by the operator and the prescribed identification indicia of registration is properly displayed on the vehicle where it is clearly visible. The penalties prescribed in section one, article three of chapter seventeen-a shall apply to violations of this article.

§17F-2-4. Safety equipment and requirements for general purpose all-terrain vehicles; all-terrain vehicle guidelines and education committee.

(a) No person shall operate any general purpose all-terrain vehicle on any state roadway unless the person is wearing securely fastened on his or her head by either a neck or chin strap a protective helmet designed to deflect blows, resist penetration and spread impact forces. Any helmet worn by an operator shall meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users.

(b) No person shall operate any general purpose ATV unless the person is wearing safety, shatter-resistant eyeglasses (excluding contact lenses), or eye goggles or face shield that complies with the performance specifications established by the American National Standards Institute for Head, Eye and Respiratory Protection, Z 2.1. In addition, if any general purpose ATV is equipped with a windshield or windscreen, the windshield or windscreen shall be constructed of safety, shatter- resistant material that complies with the performance specifications established by Department of Transportation Federal Motor Vehicle Safety Standard No. 205 and American National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z 26.1.

(c) A person operating a general purpose ATV shall ride in a seated position facing forward and only upon a permanent operator's seat attached to the vehicle. No operator shall carry any other person nor shall any other person ride on the vehicle unless the vehicle is designed to carry more than one person according to the manufacturer's original specifications. No person shall ride side saddle on a seat.

(e) Every general purpose ATV shall be equipped with a rearview mirror affixed to the handlebars or fairings and adjusted so that the operator shall have a clear view of the road and condition of traffic behind him for a distance of at least two hundred feet.

(f) Every general purpose ATV shall be equipped with headlights, brake lights, and a horn or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a general purpose ATV shall not be equipped with a siren or whistle.

(g) Every general purpose ATV shall be equipped with tires which conform with the accepted motor vehicle industry standards for on-road tires.

(f) There is hereby created a six member ATV safety and education committee consisting of: The superintendent of the state police or a designee; the commissioner of motor vehicles or a designee; the director of the West Virginia safety council or a designee; a licensed general purpose ATV operator; an owner of an ATV dealership; and a supplier of aftermarket ATV supplies. The nongovernmental representatives shall be appointed by the governor with the advice and consent of the Senate, shall serve without compensation, and the terms shall be for three years, except that as to the members first appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years. Members may be reappointed to the committee.

The committee shall continue to exist pursuant to the provisions of article ten, chapter four of this code until the first day of July, two thousand three to allow for the completion of a preliminary performance review by the joint committee on government operations.

The committee is hereby authorized to recommend to the superintendent of public safety types and makes of protective helmets, eye protection devices and equipment offered for sale, purchased or used by any person. The committee is authorized to make recommendations to the commissioner of motor vehicles regarding the use of the moneys in the general purpose all-terrain safety fund created under section five, article two of this chapter.

§17F-2-5. West Virginia general purpose all terrain vehicle safety education program established.

(a) The West Virginia general purpose all terrain vehicle safety education program is hereby established within the division to be administered by the commissioner. The program shall include rider training courses and instructor training courses. It may also include efforts to enhance public ATV safety awareness, alcohol and drug effects awareness for general purpose ATV operators, operator improvement efforts, licensing improvement efforts, program promotion and other efforts to enhance general purpose all terrain vehicle safety through education.

(b) The commissioner shall appoint a program coordinator who shall oversee and direct the program, and conduct an annual evaluation. General purpose all-terrain vehicle operator training courses shall be conducted annually in no fewer than four sites throughout the state, commencing no later than the first day of July, two thousand two.

§17F-2-6. General purpose all-terrain vehicle operator training.

(a) The division shall establish by legislative rule proposed for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, guidelines for the general purpose ATV operator training course designed to develop and instill the knowledge, attitudes, habits and skills necessary for safe operation of an ATV.

(b) General purpose all-terrain vehicle operator training courses shall be open to all residents of the state who are eligible for a general purpose ATV operator's permit. An adequate number of rider training courses shall be provided to meet the reasonably anticipated needs of all persons in the state who are eligible and who desire to participate in the program. Program delivery may be phased in over a reasonable period of time.

(c) The division shall issue certificates of completion in the manner and form prescribed by the commissioner to persons who satisfactorily complete the requirements of the course.

§17F-2-7. Instructor training and qualification.

(a) The division shall establish standards for an approved general purpose ATV operator's education instructor preparation course. Successful completion of the course shall require the participant to demonstrate knowledge of the course material, knowledge of safe general purpose ATV operating practices, and the necessary aptitude for instructing students.

(b) The division shall establish minimum requirements for the qualification of an operator education instructor.

§17F-2-8. Program implementation.

The division may enter into contracts with either public or private organizations for technical assistance in conducting general purpose all-terrain vehicle operator and instructor training courses, if the courses are administered and taught according to standards established by the division. An organization conducting such courses may charge a reasonable tuition fee. The division shall determine the maximum tuition fee an organization may charge.

§17F-2-9. Exemption from general purpose all-terrain vehicle operator's license examination.

The commissioner may exempt applicants for a general purpose ATV operator's license or endorsement from all or part of the special ATV license examination required this article if the applicant presents a certificate of completion of the general purpose all-terrain vehicle operator's training course specified in this article.
§17F-2-10. General purpose all-terrain vehicle safety account.

(a) There is hereby created a special fund in the state treasury which shall be designated the "General purpose ATV safety fund". The fund shall consist of all moneys received from general purpose ATV operator's licensing fees except instruction permit fees, one half of the moneys received from the general purpose ATV safety fee assessed with each general purpose ATV registration under this article and any other moneys specifically allocated to the fund. The fund shall not be treated by the auditor and treasurer as part of the general revenue of the state. The fund shall be a special revolving fund to be used and paid out upon order of the commissioner of motor vehicles, based upon the recommendations of the ATV safety and education committee created under section four of this article, solely for the purposes specified in this chapter.

(b) The fund shall be used by the division of motor vehicles to defray the cost of implementing and administering the general purpose ATV safety education program established in this article. Moneys in the special revolving fund may also be used to defray the cost of implementing and administering the general purpose ATV operator's licensing program.

§17F-2-11. Effective date.

This article shall become effective on the first day of July, two thousand two.

ARTICLE THREE. LIMITED PURPOSE ALL-TERRAIN VEHICLES.
17F-3-1. Licensing and safety requirements for limited use all- terrain vehicles.
The limited purpose ATV is exempt from the registration, licensure, and insurance requirements as set forth for general purpose ATVs in article two of this chapter.

The division may require use of safety equipment by legislative rule proposed for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code including but not limited to requiring any person under the age of twenty-one years using a limited purpose ATV to wear a proper helmet and eye protection, unless on private property or engaged in agricultural or employment activities.

§17F-3-2. Prohibited acts by operator of limited purpose all- terrain vehicles.

(a) No limited purpose all-terrain vehicle may be operated:

(1) On any road in the state road system, as defined in section two, article four, chapter seventeen of this code, other than state local service roads which have no center line or pavement edge marking, or as otherwise authorized by this code, or to the extent necessary to cross a road by the most direct route;

(2) On any road or trail or any other lands within the boundaries of any state park, state forest, or any state owned or leased wildlife management area, except that the director of the division of natural resources may authorize by rule, proposed for promulgation under the provisions of article three, chapter twenty-nine-a of this code, the use of all-terrain vehicles;

(3) With a passenger unless a limited use vehicle has seating for an operator and a passenger who both ride seated directly on the vehicle in a forward position;

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

(5) 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) In addition to any other applicable provisions of this code, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred fifty dollars or imprisoned in the county or regional jail for a period of not more than thirty days, or both fined and imprisoned.

(c) No provision of this section may be construed to prohibit a municipal, county or state law-enforcement officer from entering upon private lands in pursuit of the operator of an all-terrain vehicle who is violating a provision of this section.
§17F-3-3. Effective date.

This article shall become effective on the first day of July, two thousand two.
ARTICLE 4. MISCELLANEOUS PROVISIONS
§17F-4-1. Municipal authority.

A municipality may regulate or prohibit, by ordinance, the operation of general purpose or limited purpose all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
§17F-4-2. Authority for regulations.

The division is authorized to propose for legislative promulgation such rules as are necessary to carry out the provisions of this in accordance with the provisions of chapter twenty-nine-a of this code.

§17F-4-3. All-terrain vehicle dealers to charge sales tax on every all-terrain vehicle sale; application for refund of sales tax in certain circumstances.

A dealer is required to charge the purchaser of an all- terrain vehicle the applicable state sales tax, regardless of the proposed or declared ultimate use to which the all-terrain vehicle will be put.

Operators of general use all-terrain vehicles may make an application to the department of tax and revenue for refund of the sales tax upon payment of the privilege tax required for licensure of their vehicles.

§17F-4-4. All-terrain vehicle rental dealers required to provide safety equipment.

A rental entity which rents or leases all-terrain vehicles for recreational purposes must provide helmets and safety glasses to all persons renting or leasing these vehicles.

NOTE: The purpose of this bill is to provide for two classifications of all-terrain vehicles, which will be regulated and treated differently. The bill provides for "general purpose ATVs" which will be licensed, taxed and equipped for on-road use in the manner of motorcycles. The bill provides for "limited use ATVs" which will be exempt from licensing and used for off-road and other specified uses. The bill requires helmets for all ATV operators under the age of twenty.

The chapter is new; therefore, strike-throughs and underscoring have been omitted.