Senate Bill No. 457
(By Senator Chafin)
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[Introduced March 4, 2005; referred to the Committee
on Transportation and Infrastructure.]
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A BILL to repeal §17F-1-9 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §17F-1-1, §17F-1-2 and
§17F-1-3 of said code, all relating to all-terrain vehicles
generally; removing the authority of local governments to
regulate all-terrain vehicles; prohibiting the operation of an
all-terrain vehicle on any road or highway; prohibiting
passengers, except when allowed under manufacturer's
recommendations; requiring all riders under eighteen years of
age to wear helmets; and providing for safety awareness
courses.
Be it enacted by the Legislature of West Virginia:
That §17F-1-9 of the Code of West Virginia, 1931, as amended,
be repealed; and that §17F-1-1, §17F-1-2 and §17F-1-3 of said code
be amended and reenacted, all to read as follows:
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Definitions.
(a) "All-terrain vehicle" or "ATV" means
a three-wheeled or
four-wheeled vehicle, generally characterized by large low-pressure
tires, a seat designed to be straddled by the operator and
handlebars for steering, which is intended for off-road use,
usually by an individual rider on various types of nonpaved terrain
other than an unpaved race track
.
(b) "Paved public highway" means any public street, alley,
road, highway or thoroughfare of any kind in this state, used by
the public, the surface of which is made of asphalt or concrete.
§17F-1-2. Acts prohibited by operator; penalties for violations.
(a) No all-terrain vehicle may be operated in this state:
(1) On any paved public highway, except:
(A) To cross a street or highway and the operator comes to a
complete stop before crossing, proceeds only after yielding the
right of way to oncoming traffic, and crosses at a right angle;
(B) When loading or unloading an ATV from a vehicle or
trailer, which shall be done with due regard to safety, and at the
nearest practical point of operation;
(C) When an emergency exists, during any period of time and at
those locations when the operation of conventional motor vehicles
is impractical or when the operation is directed by a police
officer or other public safety personnel;
(D) When necessary to cross a bridge or culvert;
(E) Any ATV being operated for timbering, oil and/or gas
maintenance or other commercial purposes;
(F) Any ATV being operated for agricultural or horticultural
purposes;
(G) For special ATV events of limited duration which are
conducted according to a prearranged schedule under permit from the
governmental agency having jurisdiction;
(H) Any ATV operated as part of an organized tour or event
conducted by any entity which is engaged, in whole or in part, in
the business of providing ATV guide or ATV rental services to the
public. The entity shall hold a current West Virginia business
franchise license issued by the State of West Virginia Department
of Tax and Revenue pursuant to the provisions of article twelve,
chapter eleven of this code; or
(I) On a paved public highway designated by a city or
municipal government and the Hatfield-McCoy Recreation Authority
for the purpose of providing ingress and egress to and from the
Hatfield-McCoy Trail and the city or municipality.
(2) On any part of any interstate highway except by public
safety personnel responding to emergencies;
(3) On any road, trail or any other lands within the
boundaries of any state park, state forest or any state-owned or
leased wildlife management area, except as authorized by the
Director of the Division of Natural Resources by rule promulgated pursuant to the provision of article three, chapter twenty-nine-a
of this code;
(4) On any road, trail or any other lands under the
jurisdiction of the State Rail Authority, except as authorized by
the Authority by rule promulgated pursuant to the provisions of
article three, chapter twenty-nine of this code;
(5) On any road, trail or any other lands within the
boundaries of land owned by a nonprofit or not-for-profit entity
used for public recreational purposes except as authorized by the
governing board of the entity;
(6) Within the boundaries of any county owned or operated
recreational area except as authorized by the county commission of
the county;
(7) With a passenger unless the manufacturer's specifications
for the particular vehicle allow passengers;
(8) Unless operators and passengers eighteen years of age or
younger are wearing size appropriate protective helmets that meet
the current performance specifications established by the American
National Standards Institute standard, z90.1, the United States
Department of Transportation Federal Motor Vehicle Safety standard
no. 218 or Snell safety standards for protective headgear for
vehicle users;
(9) During the hours between dusk and dawn without an
illuminated headlight or lights and tail lights;
(10) Without a manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's
exhaust system;
(11) In a careless or reckless manner so as to endanger or
cause injury or damage to any person or property;
(12) While under the influence of alcohol or any controlled
substance, or under the influence of a combination of alcohol and
any controlled substance or any other drugs. Violators of this
subdivision are subject to the provisions of section two, article
five, chapter seventeen-c of this code.
(b) Any person not exempted by the provisions of this article
who violates the provisions of subsection (a) of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred fifty dollars.
§17F-1-3. Safety awareness courses.
(a) The Commissioner of Motor Vehicles shall offer a free
all-terrain vehicle rider safety awareness course, and may approve
other all-terrain vehicle rider safety awareness courses, to meet
the reasonably anticipated needs of the public. The Commissioner
shall offer free safety awareness course materials to authorized
dealers of all-terrain vehicles for use by purchasers and potential
purchasers free of charge.
(b) The Commissioner shall issue certificates of completion to
persons who satisfactorily complete the requirements of an approved course. The Commissioner may authorize a dealer of all-terrain
vehicles and other approved providers to issue the certificates of
completion.
(c) No person under the age of eighteen may operate an
all-terrain vehicle without a certificate of completion of a
vehicle rider awareness course as offered or approved by the
Commissioner.
(d) The provisions of subsection (c) of this section do not
apply to the operation of an all-terrain vehicle on any private or
public recreational trail or area or affiliated trail or area
operated by a person or entity which has in place a safety program.
NOTE: The purpose of this bill is to remove the authority of
local governments to regulate all-terrain vehicles. It also
prohibits the riding of these vehicles on roads and highways. No
passengers are allowed unless allowed under the manufacturer's
recommendations and all riders under eighteen years of age must
wear helmets.
§17F-1-1, §17F-1-2 and §17F-1-3 have been completely
rewritten, therefore strike-throughs and underscoring have been
omitted.