sb128 intr

Senate Bill No. 128

(By Senators Tomblin (Mr. President) and Sprouse

By Request of the Executive)
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[Introduced January 13, 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 establishing the "All-Terrain Vehicle Safety Regulation Act"; providing definitions; regulating the operation of all-terrain vehicles on certain public roads, state roads and state recreation areas; prohibiting operation of all-terrain vehicles on another person's property without permission; requiring wearing of helmets on all-terrain vehicles by persons under the age of eighteen on public property and by persons sixteen and under when on another's private property; prohibiting passengers by a person under the age of eighteen on public property; prohibiting the use of all-terrain vehicles on public property without a valid operator's license or completion of an all-terrain vehicle training course; prohibiting operation of all-terrain vehicles while under the influence of drugs or alcohol or in a careless or reckless manner; setting speed limits while on public property; requiring illuminated lamps while on public property; allowing pursuit by police officers on private lands; prohibiting buying of certain sized all-terrain vehicles for use by children; requiring operation in accordance with the act; setting forth requirements for those selling, leasing or renting all-terrain vehicles; requiring accident reports; and providing criminal penalties.

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. THE ALL-TERRAIN VEHICLE SAFETY REGULATION ACT.
§17C-24-1. Short title.
This act shall be known and may be cited as "The All-Terrain Vehicle Safety Regulation Act."
§17C-24-2. Legislative findings.
The Legislature finds and declares that there is an increasing need for regulation and control of the use and operation of all- terrain vehicles in this state given the incidences of injury and fatality witnessed in this state and nationwide:

(a) West Virginia has an average of twenty-one all-terrain vehicle deaths per year from January, two thousand, through December, two thousand two;

(b) Nearly twenty-five percent of the deaths were among children sixteen years old and younger;

(d) One-third of all-terrain vehicle crashes involved passengers on the machines intended for only one rider;

(e) About forty percent of all-terrain vehicle crashes occur on paved streets or roads; and

(f) Between one thousand nine hundred eighty-two and two thousand one, one thousand seven hundred fourteen children were killed riding all-terrain vehicles in the United States, seven hundred ninety-nine of those children were under age twelve.
§17C-24-3. Definitions.

(a) "All-terrain vehicle" means any off-highway vehicle fifty inches or one thousand two hundred seventy millimeters or less in width, having a dry weight of eight hundred pounds or three hundred sixty-three kilograms or less, traveling on three or more low- pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control, and such other off-highway vehicles as may be designated by the division.

(b) "Commissioner" means the commissioner of the division of motor vehicles of this state.

(d) "Owner" means any person having a property interest or title to an all-terrain vehicle and entitled to the use and possession of the vehicle.
§17C-24-4. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated:

(1) On any road in the state road system, as defined in section two, article four, chapter seventeen of this code, other than state local service roads and park and forest roads: Provided, That an all-terrain vehicle may be operated on truckling and feeder roads to the extent necessary to cross a road, with the exception of an expressway, by the most direct route: Provided, however, That such crossing is done at an angle of approximately ninety degrees to the direction of the truckling and feeder roads and at a place where no obstruction prevents a quick and safe crossing: Provided further, That an all-terrain vehicle may be operated on such other public roads, as defined in chapter seventeen, article one, section three of this code, which are not a part of the state road system or streets or roads within municipalities or unincorporated towns;

(2) On public property including any state or public road by any person under the age of eighteen unless he or she is wearing a protective helmet of a type approved by the United States department of transportation;

(3) On public property including any state or public road by any person under the age of eighteen with a passenger at any time;

(4) Upon any public property including any state or public road by any operator unless he or she possess any valid operators license in accordance with the provisions of article two of chapter seventeen-b of this code: Provided, That persons under the age of sixteen who satisfactorily complete an all-terrain vehicle rider training course approved by the commissioner of the division of motor vehicles may so operate an all-terrain vehicle only when accompanied by and in plain sight of an adult all-terrain vehicle operator;

(5) In a careless or reckless manner so as to endanger or cause injury or damage to any person or property;

(6) 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;

(7) While on any state or public road at a speed greater than twenty-five miles per hour; or

(8) While on any state or public road without head and tail lamps illuminated.

(b) It is unlawful for any person to ride an all-terrain vehicle upon the fenced, enclosed or posted grounds or lands of another person without permission in writing from the landowner, tenant or agent of such landowner, and every person riding upon such lands shall have in his or her possession such written permission when so doing. If the landowner, tenant or agent of such landowner allows a child under the age of sixteen to ride an all-terrain vehicle on such land, they must require the child to wear a protective helmet of a type approved by the United States department of transportation. Any person who, for the purpose of, all-terrain vehicle riding, without the permission of the owner, tenant or agent of the owner, enter upon the land of another and while thereon kills or injures any domestic animal or fowl, or cuts, destroys or damages any bars, gates or fence, or any part thereof, or leaves open any bars or gates thereon resulting in damage to the owner or occupant thereof, is guilty of a misdemeanor, and in addition is liable to the owner or person suffering such damage for all resulting costs and damages.

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

(d) All-terrain vehicles may be operated only upon public roads, trails and other readily recognizable passageways such as logging roads and oil or gas well roads within the boundaries of any state recreational area including the Hatfield-McCoy recreation area. All-terrain vehicles may not be operated upon mountain biking, horseback riding or hiking trails if the trails are open and operating as mountain biking, horseback riding or hiking trails, unless they are posted as permitting all-terrain vehicle use. All-terrain vehicles may not be operated on any trail or road within the boundaries of any state recreational area where their use is prohibited by posted signs. All persons operating all- terrain vehicles in state recreational areas shall obey and comply with all applicable state laws, rules, and posted signs.
§17C-24-5. Prohibited acts by owner, buyer.

(a) No person may knowingly buy or allow the use of 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 buy or allow the use of an all- terrain vehicle with an engine capacity of greater than ninety cubic centimeters for use by a person under sixteen years of age.

(c) No owner may authorize or permit an all-terrain vehicle to be operated contrary to the provisions of this act.
§17C-24-6. Requirements for dealers, lessors, rental agents.

(a) Persons selling new all-terrain vehicles:

(1) Must be licensed pursuant to chapter seventeen-a, article six of this code and;

(2) Must display literature and signs approved by the commissioner to inform the public of the provisions of this article; and

(3) Must offer a free all-terrain vehicle rider training course approved by the commissioner, who shall promulgate emergency rules for establishing such a course and approval within one hundred eighty days after the enactment of this act, to each new all-terrain vehicle buyer.

(b) Any person, renting or leasing an all-terrain vehicle must offer safety training to all-terrain vehicle rental customers.

(c) Any person renting or leasing an all-terrain vehicle must provide a protective helmet of a type approved by the United States department of transportation and safety eyewear to all-terrain vehicle rental customers.
§17C-24-7. Accidents and accident reports.
If an accident results in the death of any person, or in the injury of any person which results in treatment of the person by a physician, the operator or owner of each all-terrain vehicle involved in the accident shall give notice of the accident in accordance with division regulations. No later than one hundred eighty days after the date of enactment of this act, the commissioner shall promulgate emergency rules for giving such notice.
§17C-24-8. 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 one month or both.

(c) Any person who violates this article by operating an all- terrain vehicle while under the influence of alcohol or any controlled substance or impairing drug is guilty of a misdemeanor and shall be fined not more than one thousand dollars for each such violation.

NOTE: The purpose of this bill is to create "The All-Terrain Vehicle Safety Regulation Act" to regulate the use of all-terrain vehicles. The bill prohibits use of ATVs on many state roads while allowing for some exceptions. It requires minors to wear protective helmets and prohibits anyone under the age of 18 to carry a passenger at any time. It also requires operators to have a valid operator's license or operators under age 16 must complete an ATV rider training course and remain in plain sight of an adult ATV rider. Buyers and owners may not allow children between the ages of 12 and 16 to ride an ATV with an engine capacity of 90 cubic centimeters of placement or greater nor an ATV with an engine capacity of 70 cubic centimeters or greater for anyone under 12 years of age. The bill provides civil and criminal penalties for violations of the act.

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