Senate Bill No. 228
(By Senators Snyder, Burnette, Hunter, Kessler, Oliverio and
Unger)
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[Introduced January 16, 2002; referred to the Committee on
Transportation; and then to the Committee on the Judiciary.]
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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 of said code 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 operation of 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 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 introduction and passage this
session by the Joint Judiciary Committee.
§7-1-3gg and §17-24 et seq. are new; therefore, underlining
and strike-throughs have been omitted.