H. B. 2130
(By Delegates Fleischauer, Hatfield and Susman)
[Introduced January 13, 2003; referred to the
Committee on the Judiciary.]
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 regulating the operation of all-terrain
vehicles; prohibiting certain acts by the operator, seller
and rental agent; requiring certain equipment; and requiring
notification of accidents.
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. Prohibited acts by operator.
(a) An all-terrain vehicle as defined in section one, article one, chapter seventeen-a of this code may not be
(1) On any highway, other than an unimproved secondary road,
or residential street, except as authorized by proper authorities
or to the extent necessary to cross a highway or residential
street by the most direct route;
(2) By any person under the age of sixteen, except that
children between the ages of twelve and sixteen may operate
all-terrain vehicles powered by engines of no less than seventy
nor more than ninety cubic centimeters displacement;
(3) By any person under the age of eighteen unless he or she
is wearing a protective helmet of a type approved by the
superintendent of the West Virginia state police;
(4) On another person's property without the written consent
of the owner of the property or as explicitly authorized by law;
(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) The provisions of this section do not apply:
(1) To any all-terrain vehicle being used in conjunction
with farming activities; or
(2) To members of the household or employees of the owner or
lessee of private property on which the all-terrain vehicle is
§17C-24-2. Prohibited acts by seller.
(a) No person may 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 may 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
§17C-24-3. Prohibited acts by rental agent.
No person who is engaged in the rental or leasing of
all-terrain vehicles to the public may knowingly rent or lease an
all-terrain vehicle with an engine size of more than ninety cubic
centimeters of displacement to be operated by a person less than
sixteen years of age.
§17C-24-4. Required equipment.
(a) The following requirements apply when an all-terrain
vehicle is operated in this state:
(1) Every all-terrain vehicle operated during hours of
darkness shall display a lighted headlamp and tail lamp. These
lights must be in operation during the period of from one-half hour after sunset to one-half hour before sunrise and at any time
when visibility is reduced due to insufficient light or
unfavorable atmospheric conditions, unless use of lights is
prohibited by other applicable state laws such as prohibition on
use of lamps when hunting at night.
(2) Every all-terrain vehicle must be equipped with a brake
system maintained in good operating condition.
(3) Every all-terrain vehicle must be equipped with an
effective muffler system in good working condition.
(4) Every all-terrain vehicle must be equipped with an
effective spark arrester in good working condition.
(b) All-terrain vehicles participating in certain
competitive events may be exempted from all or any parts of this
section at the discretion of the director of the division of
§17C-24-5. Notice of accident.
(a) The operator of an all-terrain vehicle involved in an
accident resulting in injuries resulting in hospitalization or
death, or some person acting for the operator, or the owner of
the all-terrain vehicle having knowledge of the accident shall
immediately notify a law-enforcement officer.
(b) Any law-enforcement agency receiving a report of an
accident under this section shall forward the report to the
office of epidemiology and health promotion of the bureau of public health.
NOTE: The purpose of this bill is to regulate the operation
of all-terrain vehicles.
This article is new; therefore, strike-throughs and
underscoring have been omitted.