COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 729
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[Originating in the Committee on the Judiciary;
reported April 6, 2001.]
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A BILL to amend the 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 prohibited
acts by operator of 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 privilege tax be paid by purchasers; providing
exemptions; and requiring all-terrain vehicle rental dealers
to provide safety equipment.
Be it enacted by the Legislature of West Virginia:
That code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted by adding thereto a new
chapter, designated chapter seventeen-f, to read as follows:
CHAPTER 17F. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited 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 roads which have no center line or pavement edge marking
or, to the extent necessary, to cross a road by the most direct
route: Provided, That the division of motor vehicles shall propose
for legislative promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code rules to
regulate, restrict or prohibit all-terrain vehicles on any road in
the state road system, including, but not limited to, regulation of
all-terrain vehicles on state roads which have no center line or
pavement edge marking.
(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 as may be authorized by the
division of natural resources by rule proposed for promulgation
under the provisions of article three, chapter twenty-nine-a of this code;
(3) With a passenger unless the manufacturer's specifications
allow passengers;
(4) Unless the operators and passengers under age of twenty-
one are wearing protective helmets and eyewear;
(5) In a careless or reckless manner so as to endanger or
cause injury or damage to any person or property; or
(6) While under the influence of alcohol or any controlled
substance, or under the influence of a prescription or
nonprescription drug that impairs vision or motor coordination.
(b) The prohibitions in subdivisions (1),(2), (3) and (4),
subsection (a) of this section do not apply to persons operating
all-terrain vehicles on private property with the consent of the
owner or while engaged in agricultural or employment activities.
(c) 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.
(d) 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-1-2. 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.
§17F-1-3. Rule-making authority.
The division is authorized to propose for legislative
promulgation rules that are necessary to carry out the provisions
of this chapter in accordance with the provisions of article three,
chapter twenty-nine-a of this code.
§17F-1-4. All-terrain vehicle dealers to charge privilege tax on
every all-terrain vehicle sale.
A dealer shall collect and remit to the division of motor
vehicles the privilege tax on sales of all-terrain vehicles except
that all-terrain vehicles sold and used for the following business
purposes are not subject to the privilege tax imposed by section
four, article three, chapter seventeen-a of this code: Sales of
services; machinery; supplies and materials directly used or
consumed in the activities of manufacturing; transportation;
transmission; communication; production of natural resources; gas
storage; generation or production or selling electric power;
provision of a public utility service or the operation of a utility
service or the operation of a utility business as these are defined in section two, article fifteen, chapter eleven of this code and
applied by the tax commissioner.
§17F-1-5. All-terrain vehicle rental dealers required to provide
safety equipment.
A
n entity which rents or leases all-terrain vehicles for
recreational purposes must provide protective helmets and eyewear
to all persons renting or leasing the vehicles.
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(NOTE: The purpose of this bill is to prohibit the use of
ATVs on most state roads; require people under the age of 21 to
wear helmets and protective eyewear unless they are on private
property with the consent of the owner or using the ATV is being
used for farm use or other employment purposes; The bill maintain
the current provisions that ATVs must pay the privilege tax and be
titled.
Chapter 17F is new; therefore, strike-throughs and
underscoring have been omitted.
)