Senate Bill No. 190
(By Senator Oliverio, Hunter and Minear)
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[Introduced January 14, 2002; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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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 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 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 two, 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
two, but before the first day of October, two thousand three
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
three, 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
three, 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 the 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
nonprescription 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 public streets, establishes
registration requirements for ATVs, and safety requirements
which include helmet safety requirements for persons under 21
years of age.
The article are new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended for passage by the Joint Standing
Committee on the Judiciary.