Senate Bill No. 104
(By Senators Oliverio, Bowman, Prezioso, Hunter, Unger, Snyder,
Jenkins, Minear, McKenzie, Guills, Plymale, Weeks and Sharpe)
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[Introduced January 10, 2003; referred to the Committee on
Transportation; and then to the Committee on the Judiciary.]
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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 requiring persons who operate all-terrain vehicles
who are under the age of eighteen years to wear helmets;
prohibiting persons under the age of sixteen from operating
all-terrain vehicles with motors of two hundred fifty cubic
centimeters or greater; prohibiting passengers on all-terrain
vehicles unless a vehicle is made to accommodate additional
passengers pursuant to manufacturer's recommendations; and
prohibiting all-terrain vehicles from operating on state roads
or highways with some exceptions.
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. Regulation of all-terrain vehicles.
All-terrain vehicles, as defined by section one, article one
of this chapter, owned by residents of this state and located
within this state, may not be operated within the state in
violation of any of the following provisions:
(a) Any person under the age of eighteen may not operate or
ride on an all-terrain vehicle unless he or she is wearing a
protective helmet of a type approved by the United States
department of transportation.
(b) No person under the age of sixteen may operate any
all-terrain vehicle having a motor the size of two hundred fifty
cubic centimeters or greater.
(c) No person may ride as a passenger on an all-terrain
vehicle unless the all-terrain vehicle's manufacturer's prescribed
usage includes the express representation that the vehicle can
accommodate a passenger.
(d) No person may operate an all-terrain vehicle on any road
or highway in this state unless crossing the road or highway or
unless the road is unpaved.
§17C-24-2. Penalties for violations.
Any person violating the provisions of section one of this
article is guilty of a misdemeanor and, upon conviction thereof,
shall be fined or imprisoned, or both fined and imprisoned, under
the provisions of section one, article eighteen of this chapter.
NOTE: The purpose of this bill is to provide various
requirements and prohibitions regarding the operation of ATVs.
Specifically the bill provides for the following:
(1) Requiring
persons who operate all-terrain vehicles who are under the age of
eighteen years to wear helmets; (2) prohibiting persons under the
age of sixteen from operating all-terrain vehicles with motors of
two hundred fifty cubic centimeters or greater; (3) prohibiting
passengers on all-terrain vehicles unless a vehicle is made to
accommodate additional passengers pursuant to manufacturer's
recommendations; and, (4) prohibiting all-terrain vehicles from
operating on state roads or highways with some exceptions.
This article is new; therefore, strike-throughs and
underscoring have been omitted.