H. B. 2500
(By Delegates Mahan and Faircloth)
[Introduced February 23, 2001; referred to
the Committee on the Judiciary then Finance.]
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 regulation of all-terrain vehicles; requiring
titling and payment of a privilege tax upon the purchase of
all-terrain vehicles; requiring an identification
certification card and decal be issued; providing requirements
for issuing certification cards and decal on new and
previously sold all-terrain vehicles; authorizing the division
of motor vehicles to otherwise regulate the transfer of
ownership of titled and untitled all-terrain vehicles;
requiring visual placement of the decal and exceptions
thereto; prohibiting operating all-terrain vehicles on certain state roads and areas managed by the division of natural
resources; prohibiting operation of all-terrain vehicles on
another person's property without permission; requiring
wearing of helmets on all-terrain vehicles by persons under
the age of twenty-one; prohibiting operation of all-terrain
vehicles while under the influence of drugs or alcohol or in
a careless or reckless manner; providing criminal penalties;
allowing pursuit by police officers on private lands;
prohibiting selling of certain sized all-terrain vehicles for
use by children; and allowing municipalities to regulate the
use of all-terrain vehicles on municipal streets.
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.
§17A-24-1. Numbering of all-terrain vehicles
.
(a) In accordance with the provisions of subsection (c),
section four of article three of this chapter, any all-terrain
vehicle as defined in section one, article one of this chapter
owned by a resident of this state and located within this state is
subject to the titling provisions of this article and payment of the privilege tax provided by section four of this article. The
division shall on and after the first day of October, two thousand
and one, provide each all-terrain vehicle owner who obtains a
title, an identification number certificate and decal. The all-
terrain vehicle owner shall affix the decal to the right front fork
or frame of the all-terrain vehicle where it is clearly visible.
Any operator of the all-terrain vehicle shall carry the
identification number certificate when operating the all-terrain
vehicle. The identification number certificate and decal shall be
valid without further fee for the duration of the owner's interest
in the all-terrain vehicle and will not expire until either sold or
otherwise permanently removed from the service of the owner.
(b) Every owner of an all-terrain vehicle regardless of
whether such vehicle is properly titled in the name of the owner,
shall on or after the first day of October, two thousand and one,
but before the first day of October, two thousand and two apply to
the division for an identification number certificate and decal for
display on the all-terrain vehicle. The division shall prescribe
the form and content of the application which shall contain but is
not limited to a statement of ownership, complete description of
the vehicle, manufacturer's identification serial number, and the
name and address of the vehicle owner. The division may also
require that the manufacturer's identification serial number be verified by a law enforcement officer or a motor vehicle inspection
station authorized under the provisions of article sixteen, chapter
seventeen-c of this code. The division shall issue the
identification number certificate and decal in the following
manner:
(1) when the all-terrain vehicle is titled in the name of the
owner, upon application, issue to the owner applicant an
identification number certificate and decal 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.
(2) when the all-terrain vehicle is not titled in the name of
the owner, the division shall require the applicant to submit a
statement of ownership, and verification of the manufacturer's
identification serial number. The division shall, upon
satisfaction that the applicant is the bona fide owner of the
vehicle, issue to the owner applicant an identification number
certificate and number decal 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 identification number certificate.
(c) Upon the transfer of ownership of any all-terrain vehicle
which displays an identification number decal, the seller shall
properly reassign his or her interest in the all-terrain vehicle on
the reverse side of the identification number certificate and if
applicable, 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 decal.
(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 decal, 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
decal.
(e) On or after the first day of October, two thousand and
two, it shall be unlawful for any person to own or operate an all
terrain vehicle in this state, unless an identification number
certificate is carried by the operator and the prescribed identification decal is properly displayed on the vehicle on the
right front fork or frame of the all-terrain vehicle where it is
clearly visible. The penalties prescribed in section one, article
eleven of this chapter shall apply to violations of this chapter:
Provided, That t
he requirements of this section concerning display
of such decal are not required if the all-terrain vehicle is: (1)
exclusively operated on land owned or leased by the vehicle owner,
or (2) exempt from payment of the privilege tax in accordance with
the provisions of section four of this article.
§17C-24-2. Prohibited acts by operator.
(a) No 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, except as provided by article
fourteen, chapter twenty, 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 the use of all-terrain
vehicles on these areas in conjunction with bona fide work related
activities or for law enforcement purposes.
(3) On any private property unless the operator of the all-
terrain vehicle is the owner or lessor of the property or has the
express consent of the owner of the property, or the owner or
representative of the owner of an easement or right-of-way upon
the property;
(4) By any person under the age of twenty-one unless he or she
is wearing a protective helmet of a type approved by the United
States department of transportation;
(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) 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) 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.
17C-24-3. 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-24-4. Municipal authority.
A municipality may regulate or prohibit, by ordinance, the
operation of all-terrain vehicles upon any street, road or avenue
within the municipal corporate limits.
NOTE: The purpose of this bill is to prohibit the operation
of all-terrain vehicles [ATVs] on paved public roads, establishes
registration requirements for ATVs, and safety requirements which
include helmet safety requirements for persons under 21 years of
age.
This bill was recommended for introduction and passage by the
Joint Standing Committee on the Judiciary.
The sections are new; therefore, strike-throughs and
underscoring have been omitted.