H. B. 4053


(By Delegates Manuel, Mahan, Spencer,

Fleischauer, Schadler and Smirl)

[Introduced January 16, 2002 ; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-gg, and to amend and reenact chapter seventeen-c, by adding thereto a new article, designated article twenty four, all relating to the regulation of all-terrain vehicles; authorizing county commissions to regulate all-terrain vehicles; 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 all persons; 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, renting or leasing of certain sized all-terrain vehicles for use by children; requiring training to be offered to certain purchasers, renters or lessors; and requiring safety equipment to be provided to for all-terrain rentals or leases.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-gg, and that chapter seventeen-c be amended by adding thereto a new article, designated article twenty-four, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3gg. Regulation of all-terrain vehicles.
In addition to all other powers and duties now conferred by law upon county commissions, county commissions are hereby authorized to regulate or otherwise prohibit, by ordinance, the operation of all-terrain vehicles on public roads.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD

ARTICLE 24. ALL-TERRAIN VEHICLES.
§17C-24-1. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated:
(1) On any paved road within the state road system without the operator possessing a valid drivers license;
(2) On any expressway or trunkline road, as defined in section two, article four, chapter seventeen of this code, unless otherwise authorized by this code, or to the extent necessary to cross a road by the most direct route;
(3) 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.
(4) 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;
(5) By any person unless he or she is wearing a protective helmet. Any helmet worn must meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users.
(6) With a passenger unless the manufacturer's specifications allow passengers;
(7) In a careless or reckless manner so as to endanger or cause injury or damage to any person or property; or
(8) 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) 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.
(c) All-terrain vehicle operators, when operating on a state road, shall comply with all applicable traffic laws as provided by this chapter.
(d) The provisions of this section, which are inconsistent with article fourteen, chapter twenty of this code, do not apply to facilities or areas regulated under the provisions of that article.
(e) Any person violating the provisions of this article 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, except that said fine shall not exceed two hundred fifty dollars.
17C-24-2. Prohibited acts by seller.
(a) No person shall knowingly sell or offer to sell, rent or lease 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, rent or lease or offer to sell, rent or lease an all-terrain vehicle with an engine capacity of greater than ninety cubic centimeters for use by a person under sixteen years of age.
(c) Any person selling, renting or leasing an all-terrain vehicle pursuant to this section must offer safety training to the intended operator for which the all-terrain vehicle is sold.
(d) Any person renting or leasing an all-terrain vehicle must provide a helmet and safety eye-wear to all-terrain vehicle rental customers.
NOTE: The purpose of this bill is to establish safety requirements for the use of all-terrain vehicles [ATVs]; prohibiting ATV use on certain public roads; creating safety requirements including mandatory helmets and safety training for children; clarifying enforcement authority of law enforcement officers; allowing county commissions to regulate ATVs; providing penalties for violations.

This bill was recommended for passage by the Joint Judiciary Committee.

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