Senate Bill No. 199
(By Senators Snyder, Burnette, Oliverio, Deem, Unger, Hunter
and McKenzie)
____________
[Introduced February 21, 2001.;
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-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.
§17C-24-1. Numbering of all-terrain vehicles
.
(a) In accordance with the provisions of subsection (c),
section four, article three, chapter seventeen-a of this code, any all-terrain vehicle as defined in section one, article one,
chapter seventeen-a of this code, 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, chapter seventeen-a of this code shall apply to
violations of this section: 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 this
section.
§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, except
as provided by article fourteen, chapter twenty of this code, 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
superintendent of the West Virginia state police;
(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.
NOTE: The purpose of this bill is to establish safety
requirements for the use of all-terrain vehicles [ATVs]; these
include prohibiting ATV use on certain public roads, requiring
registration of ATVs, creating safety requirements which include
wearing helmets by persons under 21 years of age; and providing
penalties for violations.
The sections are new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended for passage by the Joint Standing
Committee on the Judiciary.