H. B. 2431


(By Delegates Manuel, Spencer,
Fleischauer, Schadler and Smirl)
[Introduced January 20, 2003; referred to the
Committee on the Judiciary then Finance.]



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 all-terrain vehicles; prohibiting operating all-terrain vehicles on certain state roads and providing exceptions thereto; requiring wearing of helmets on all-terrain vehicles by all persons under the age of eighteen; and establishing specifications for the helmets.

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) No all-terrain vehicle may be operated on any improved surface shoulder or any paved road surface in this state that has a centerline marking which depicts the center of the road and indicates whether vehicles may or may not pass another vehicle, except to the extent necessary to cross that road by the most direct route: Provided, That when the vehicle is being utilized for a farming activity, the all-terrain vehicle may be ridden on any paved road, except for interstate, U.S. route or state primary numbered roads, except to the extent necessary to cross a U.S. route, or state primary numbered road by the most direct route.
(b) 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.
NOTE: The purpose of this bill is to establish safety requirements for the use of all-terrain vehicles [ATV's]; 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 ATV's; providing penalties for violations.

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