Senate Bill No. 85

(By Senators Oliverio, Hunter and McKenzie)

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[Introduced February 15, 2001; referred to the Committee on Transportation.]
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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 regulating the operation of all-terrain vehicles; prohibiting certain acts by the operator, seller and rental agent; requiring certain equipment; and requiring notification of accidents.

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. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated:
(1) On any highway, other than an unimproved secondary road, or residential street, except as authorized by proper authorities or to the extent necessary to cross a highway or residential street by the most direct route;
(2) By any person under the age of sixteen, except that children between the ages of twelve and sixteen may operate all-terrain vehicles powered by engines of no less than seventy nor more than ninety cubic centimeters displacement;
(3) By any person under the age of eighteen unless he or she is wearing a protective helmet of a type approved by the superintendent of the West Virginia state police;
(4) On another person's property without the written consent of the owner of the property or as explicitly authorized by law; (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 nonprescription drug that impairs vision or motor coordination.
(b) The provisions of this section do not apply:
(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-24-2. 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-24-3. 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.
§17C-24-4. 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 certain competitive events may be exempted from all or any parts of this section at the discretion of the director of the division of natural resources.
§17C-24-5. 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.


NOTE: The purpose of this bill is to regulate the operation of all-terrain vehicles.

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