COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 128

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

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[Originating in the Committee on Transportation;

reported January 21, 2003.]

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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; defining "all-terrain vehicle"; requiring commissioner to establish safety training courses; requiring promulgation of emergency rules; requiring operators of all-terrain vehicles who are under the age of eighteen to possess a safety training course completion certificate; requiring a driver's license in certain instances; exceptions; prohibiting operation on lined paved roads; exceptions; requiring operators under the age of eighteen to wear a helmet; providing for exceptions for operation on private lands; providing for exceptions for the operation of commercial-use all-terrain vehicles and farm-use all-terrain vehicles; and providing penalties for violations of the article.

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:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD

ARTICLE 24. ALL-TERRAIN VEHICLES.
§17C-24-1. Safety training courses required; dealers to provide training; persons required to take training.

(a) For purposes of this article, an "all-terrain vehicle" means any motor vehicle designed for off-highway use, having a seat or saddle designed to be straddled by the operator, and handlebars for steering control, or other motor vehicle designed for off-road use as specified by the commissioner.
(b) On and after the first day of July, two thousand three, the division of motor vehicles shall offer a free all-terrain vehicle rider safety training course, and may approve other free all-terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The division shall offer free safety training course materials free of charge to authorized dealers of all-terrain vehicles, such materials and courses to be provided by the authorized dealers free of charge to purchasers and potential purchasers.
(b) The division shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The division may authorize a dealer of all-terrain vehicles to issue the certificates of completion so long as the dealer has provided a free rider safety training course free of charge, as authorized and approved by the division.
(c) On and after the first day of July, two thousand three, a person under the age of eighteen may operate an all-terrain vehicle only by obtaining a certificate of completion of a vehicle rider training course as offered or approved by the division; or a person aged eighteen or over may operate an all-terrain vehicle by possessing a valid driver's license: Provided, That the provisions of this section do not apply to all-terrain vehicles operated for commercial purposes, including, but not limited to, farm use, oil and gas inspections and maintenance, timbering, surveying, and public utilities' access: Provided, however, That an all-terrain vehicle operated for the purposes of farm use by a person under the age of eighteen is exempt from the requirements of this section.
(d) The commissioner of the division of motor vehicles shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code to facilitate the implementation of this article.
§17C-24-2. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated on any paved road, street or highway in this state which is marked with centerline pavement markings, except:
(1) For the purpose of crossing the road, street or highway, other than an interstate highway or a highway with a speed limit greater than sixty-five miles per hour, if:
(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(C) The operator yields his or her right of way to all oncoming traffic that constitutes an immediate potential hazard; and
(D) If equipped, both the headlight and taillight are illuminated when the crossing is made;
(2) For the purpose of loading and unloading an all-terrain vehicle from a motorized conveyance where immediate access to the area of operation is unavailable, the all-terrain vehicle may be operated adjacent and parallel to the road, street or highway, other than an interstate highway or a highway with a speed limit greater than sixty-five miles per hour, from the nearest possible location to the area of operation; or
(3) For the sole purpose of getting from one trail, field or area of operation to another, the all-terrain vehicle may be operated upon the shoulder or as close as possible to the edge of a road, street or highway, other than an interstate highway or a highway with a speed limit greater than sixty-five miles per hour, if:
(A) The vehicle is operated at speeds of twenty-five miles per hour or less; and,
(B) If operated between dusk and dawn, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(C) For purposes of this section only, the reasonable distance which may be traveled for the sole purpose of getting from one trail, field or area of operator to another upon the shoulder or as close as possible to the edge of a road, street or highway, other than an interstate highway or a highway with a speed limit greater than sixty-five miles per hour, shall not exceed that distance as established for farm use vehicles and shall be set by the commissioner by rule.
(b) Notwithstanding the provisions of this section to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain paved roads, streets or highways which are marked with centerline pavement markings, other than interstate highways or a highway with a speed limit greater than sixty-five miles per hour, to allow participation in parades, exhibitions and other special events, or for specified purposes, or in emergencies, or may prohibit the operation of all-terrain vehicles on roads, streets or highways within their respective jurisdictions. Upon request of the municipality, county or other political subdivision of the state, state police or county sheriffs are authorized and empowered to enforce any such all-terrain vehicle prohibitions.
(c) No person may operate an all-terrain vehicle upon, across or along the shoulder of any interstate highway or a highway with a speed limit greater than sixty-five miles per hour.
(d) No all-terrain vehicle may be operated by any person under the age of eighteen, unless he or she is wearing a protective helmet. Persons required to wear a helmet must wear a helmet that meets 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: Provided, That the provisions of this section do not apply to all-terrain vehicles operated for commercial purposes, including, but not limited to, farm use, oil and gas inspections and maintenance, timbering, surveying, and public utilities' access: Provided, however, That an all-terrain vehicle operated for the purposes of farm use by a person under the age of eighteen is exempt from the requirements of this section.
§17C-24-3. Exemptions; conformity with existing law.
(a) The provisions of this article do not apply if the all- terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permissions.
(b) The provisions of this article which are inconsistent with article fourteen, chapter twenty of this code, or the rules promulgated thereunder, do not apply to facilities or areas regulated under the provisions of that article.
(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 while engaged in hot pursuit of an operator of an all-terrain vehicle.
§17C-24-4. Violations of article; penalties for misdemeanor.
(a) It is a misdemeanor for any person to violate any of the provisions of this article unless such violation is by this chapter or other law of this state declared to be a felony.
(b) Any person convicted of a misdemeanor for a violation of any of the provisions of this article for which another penalty is not provided shall for a first conviction thereof be fined not more than one hundred dollars; for a second such conviction such person shall be fined not more than two hundred dollars; upon a third or subsequent conviction such person shall be fined not more than five hundred dollars or imprisoned in a county or regional jail for not more than thirty days or both fined and imprisoned.


NOTE: The purpose of this bill is to regulate all-terrain vehicles. The bill defines "all-terrain vehicle." The bill requires the DMV commissioner to establish safety training courses and to promulgate rules. Operators of all-terrain vehicles who are under the age of eighteen must possess a safety training course completion certificate. ATV operators aged eighteen and over must possess a valid driver's license, with certain exceptions. The bill prohibits the operation of ATVs on lined paved roads and requires operators under the age of eighteen to wear a helmet, with exceptions for operation on private lands. It provides for exceptions for the operation of commercial use all-terrain vehicles and for farm use all-terrain vehicles. The bill provides penalties for violations of the article.

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