COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 509
(By Senators Bowman, McCabe, Jenkins, McKenzie, Unger and Foster)
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[Originating in the Committee on the Judiciary;
reported February 26, 2007.]
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A BILL to amend and reenact §17F-1-1 and §17F-1-9 of the Code of
West Virginia, 1931, as amended; and to amend said code by
adding thereto two new sections, designated §17F-1-10 and
§17F-1-11, all relating to the regulation of all-terrain
vehicles; defining terms; prohibiting operation on paved roads
or highways; prohibiting operation with a passenger unless
allowed under manufacturers' specifications; providing for
regulation of all-terrain vehicles by local government
authorities; authorizing all-terrain vehicle incident forms;
reporting requirements for all-terrain vehicle incidents; and
exempting the Hatfield-McCoy Trail.
Be it enacted by the Legislature of West Virginia:
That §17F-1-1 and §17F-1-9 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto two new sections, designated §17F-1-10 and
§17F-1-11, all to read as follows:
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator; penalties for violations.
(a)
No An all-terrain vehicle
is prohibited to be operated:
may be operated in this state:
(1) On any interstate highway, except by public safety
personnel responding to emergencies;
(2) On any
paved road or highway,
with a center line or more
than two lanes, except for the purpose of crossing the road, street
or highway, if:
(A) The crossing is made at an angle of approximately ninety
degrees to the direction of the highway and at a place where no
obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway;
(C) The operator yields his or her right-of-way to all
oncoming traffic that constitutes an immediate potential hazard;
and
(D) Both the headlight and taillight are illuminated when the
crossing is made if the vehicle is so equipped;
(3) With
more than one a passenger unless
more passengers are
a passenger is allowed under manufacturers' recommendations;
(4) With a passenger under the age of eighteen, unless the
operator has, at a minimum, a level two intermediate driver's
license or its equivalent or is eighteen years of age or older;
(5)
Unless riders Any rider under the age of eighteen
are is
wearing
a size appropriate protective helmets that
meet 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;
(6) Anytime from sunset to sunrise without an illuminated
headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark
arrester and a manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's
exhaust system; or
(8) Unless operating in compliance with the provisions of
section two of this article;
(b) An all-terrain vehicle may, for the sole purpose of
getting from one trail, field or area of operation to another, be
operated upon the shoulder of any
paved road, street or highway
referred to in subdivision (2), subsection (a) of this section,
other than an interstate highway for a distance not to exceed
ten
two miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per
hour or less; and
(2) The vehicle is operated at any time from sunset to
sunrise, the all-terrain vehicle must be equipped with headlights
and taillights which must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with
subsection (b) of this section shall not constitute operation of a
motor vehicle on a road or highway of this state as contemplated by the provisions of section seven of this article.
(d) Notwithstanding any provision of this chapter to the
contrary, a municipality, county or other political subdivision of
the state may authorize the operation of all-terrain vehicles on
certain specified roads, streets or highways,
which are marked with
centerline pavement markings, other than interstate highways, to
allow participation in parades, exhibitions and other special
events, in emergencies or for specified purposes.
§17F-1-9. Definitions.
As used in this chapter:
(1) "
all-terrain All-terrain vehicle" or "ATV"
shall mean
means any motor vehicle, fifty-two inches or less in width, having
an unladen weight of eight hundred pounds or less, traveling on
three or more low-pressure tires with a seat designed to be
straddled by the rider, designed for or capable of travel over
unimproved terrain.
(2) "Operator" means the person driving the all-terrain
vehicle.
(3) "Passenger" means a person riding with an operator of an
all-terrain vehicle.
(4) "Rider" means either an operator or passenger.
§17F-1-10. All-terrain vehicle incident form.
(a) The Department of Highways, the Division of Motor
Vehicles, the State Police and the Governor's Highway Safety
Program shall create an all-terrain vehicle incident form. Law
enforcement shall complete the form when an all-terrain vehicle is involved in any incident. The incident form shall include, but is
not limited to, the following:
(1) The type and cause of the incident;
(2) The location of the incident;
(3) The presence of a passenger on an all-terrain vehicle;
(4) The contact information of the operator of an all-terrain
vehicle and any passenger on an all-terrain vehicle;
(5) A description of the all-terrain vehicle, including a
statement that a passenger is or is not allowed under
manufacturers' recommendations;
(6) A description of the incident;
(7) A description of the injuries; and
(8) The types of safety equipment used by the operator of an
all-terrain vehicle and any passenger on an all-terrain vehicle.
(b) When compiling its report as required by section fourteen,
article four, chapter seventeen-c of this code, the Department of
Highways shall include information on all-terrain vehicle
incidents.
§17F-1-11. Hatfield-McCoy Regional Recreation Authority exemption.
The provisions of this chapter do not apply to persons legally
permitted on designated managed recreation areas as designated by
the Hatfield-McCoy Regional Recreation Authority.