COMMITTEE SUBSTITUTE
FOR
H. B. 2121

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on Government Organization)
[January 14, 2003]

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 safety training courses; requiring persons under the age of eighteen to have a driver's license or safety training course; prohibition of operation on lined paved roads; exceptions to prohibition; requiring operators under the age of eighteen to wear a helmet; and exemption for operation on private lands.

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,

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

(a) On and after the first day of October, 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 to authorized dealers of all-terrain vehicles, for use by purchasers and potential purchasers free of charge.
(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.
(c) On and after the first day of October, two thousand three,

(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.

(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

(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 or Snell Safety Standards for Protective Headgear for Vehicle Users.
(e) 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.

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 permission.

(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 an operator of an all-terrain vehicle who is violating a provision of this article.

(c) Nothing in this article may be construed to supercede the provisions of section one, article two, chapter seventeen-b of this code.