(a) All participants:
(1) Shall comply with any requirements established by law, including those in section one, article one, chapter seventeen-f of this code, which defines those acts prohibited by operators of all-terrain vehicles;
(2) Shall comply with the rules or regulations established for use of the Hatfield-McCoy Recreation Area;
(3) Shall, as to the Hatfield-McCoy Regional Recreation Authority or to any recreation area landowner, lessor, authorized outfitter or licensee, expressly assume the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in operating an all-terrain vehicle, utility-terrain vehicle or motorcycle, and caused by any of the following:
(A) Variations in terrain, slope or angle of terrain;
(B) Surface or subsurface conditions, including rocks, trees or other forms of forest growth or debris;
(C) Collisions with signs, markers, width restrictors, culverts, bridges, pipes, equipment, vehicles or any other objects or fixtures used in trail management, maintenance, construction or development;
(D) Collisions with signs, markers, pipes, equipment, vehicles or any component thereof used in natural resource maintenance, development or extraction;
(E) Collisions with electrical transmission poles, towers, lines, guy wires or any component thereof;
(4) Shall obey all rules or instructions announced by the Hatfield-McCoy Regional Recreation Authority, authorized outfitter or licensee with regard to the operation of the all-terrain vehicle or motorcycle he or she is operating; and
(5) Shall wear all safety equipment provided by the authorized outfitter or licensee, or which might otherwise be required by law.
(b) Each participant shall have the sole individual responsibility for:
(1) Knowing the range of his or her own ability to negotiate any slope or trail;
(2) Operating the ATV, UTV or motorcycle within the limits of the participant's own ability;
(3) Maintaining reasonable control of speed and course at all times;
(4) Heeding all posted warnings;
(5) Operating only on trails designated by the Hatfield-McCoy Regional Recreation Authority; and
(6) Refraining from acting in a manner which a reasonable person would believe to be likely to cause or contribute to the injury of any person.
(c) If while riding an ATV, UTV or motorcycle any participant collides with any object or person, the responsibility for the collision shall be solely that of the participant or participants involved and not that of the Hatfield-McCoy Regional Recreation Authority, any recreation area landowner, lessor, authorized outfitter or licensee unless the Hatfield-McCoy Regional Recreation Authority, recreation area landowner, lessor, authorized outfitter or licensee or their agent caused the collision in a tortious manner.
(d) After an accident, a participant may not leave the area where the accident took place without:
(1) Leaving personal identification, including his or her name and address;
(2) Notifying the proper authorities; and
(3) Obtaining assistance when he or she knows or reasonably should know that any other person involved in the accident is in need of medical or other assistance.
(e) Where a participant is a lawful passenger, that participant may not distract or perform any act which might interfere with the safe operation of the all-terrain vehicle, utility-terrain vehicle or motorcycle of which he or she is a passenger.
(f) Any person under the age of sixteen years shall remain under the direct supervision and within sight of a parent or guardian both of whom must otherwise comply with state or federal laws and any rules or regulations promulgated thereunder.
(g) A participant may not make any alterations or tamper with the all-terrain vehicle, utility-terrain vehicle or motorcycle he or she is operating or of which he or she is a passenger in any way which would interfere with the continued safe operation of that machine.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.