Senate Bill No. 729
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[Originating in the Committee on Transportation;
reported April 4, 2001.]
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A BILL to amend code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new chapter,
designated chapter seventeen-f, relating to regulation of
all-terrain vehicles; establishing legislative purpose;
creating definitions; establishing requirements for
registration and certificate of title; establishing
requirements for safety equipment; requiring the division of
motor vehicles to establish guidelines for operation of all-
terrain vehicles; creating a safety and education committee;
establishing the duties and responsibilities of the safety
and education committee; establishing all-terrain vehicle
operator training; establishing instructor training and
qualifications; authorizing program implementation and
fees; creating exemptions from general purpose all-terrain
vehicle operator's license examination; creating general
purpose all-terrain vehicle safety account; establishing effective date; exempting limited purpose all-terrain
vehicles from licensing and safety requirements;
establishing prohibited acts by operator of limited purpose
all-terrain vehicle; establishing penalties; giving
municipalities authority to regulate use of all-terrain
vehicles within municipalities; authorizing division of
motor vehicles to promulgate legislative rules; requiring
sales tax be charged to purchasers by dealers; establishing
refunds in certain circumstances; and requiring all-terrain
vehicle rental dealers to provide safety equipment.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended by adding thereto a new
chapter, designated chapter seventeen-f, to read as follows:
CHAPTER 17F. ALL-TERRAIN VEHICLES
ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS.
§17F-1-1. Legislative findings.
The Legislature finds that the use, and the evolution of the
use, of all-terrain vehicles (ATVs) in the state of West Virginia
has created a popularity and proliferation of these vehicles that
demands legislative attention and intervention. The Legislature
finds that it is in the public interest and in the public welfare
to treat all-terrain vehicles as legal vehicular entities unique unto themselves for the following reasons:
(a) All-terrain vehicles are being used in our state for
off-road recreational purposes such as trail riding, camping and
hunting; and
(b) All-terrain vehicles are being used in our state for
other off-road purposes, such as access to logging sites, utility
line inspection, firefighting and law enforcement, and other
business, commercial, and farm use; and
(c) All-terrain vehicles are being ridden on our state
roadways and, if used on our roadways, should be subject to the
same licensing, titling, equipment and insurance requirements as
any other motor vehicle; and
(d) The current morbidity and mortality rates for ATV
accidents in our state is the second-highest per capita in the
nation, with the rate of ATV-related deaths in West Virginia
being nearly eight times the national rate; and
(e) Ninety-five percent of the victims involved in ATV-
related accidents which resulted in death or injury were not
wearing helmets, and fifty percent of the deaths from ATV-related
accidents were due to brain injury; and
(f) Because of these varied uses of ATVs and the differing
potential hazards associated with these uses, the state has a duty to protect the health, safety and welfare of its citizenry.
Given these facts and concerns, the Legislature further
finds as a matter of public policy, and taking into account the
state's topography, its demographic components and the
differences in all-terrain vehicle models and in all-terrain
vehicle uses, the regulation of all-terrain vehicles should be
divided between those ATVs which will be operated upon the
roadways of this state, and those ATVs which will be operated
upon farmlands, logging roads, utility right-of-ways, unpaved
roads, in woodlands and on trails.
§17F-1-2. Definitions.
For purposes of this chapter:
(a) "General purpose all-terrain vehicle" means an ATV
which has been licensed and equipped for use as such on the
state's public roadways, notwithstanding the definition as set
forth in subsection (ii), section one, article one of chapter
seventeen-a. All general purpose ATVs shall be titled, taxed,
licensed and insured for general purpose uses in accordance with
the applicable provisions of chapters seventeen-a, seventeen-b,
and seventeen-c of this code. Such general purpose ATVs may be
operated only with road-worthy equipment, as set forth in article
two hereinafter. Such general purpose ATVs may be operated only
by operators who have a drivers license and have completed successfully a general purpose ATV safety class, as set forth in
article two below. General purpose ATVs may be used in any
manner in which limited purpose ATVs may be used.
(b) "Limited purpose all-terrain vehicle" means an ATV
which is used exclusively in recreational, firefighting, law
enforcement, or off-road use upon farmlands, or commercial off-
road use on logging roads, utility right-of-ways, or unpaved
roads, or upon any roadways as designated for all-terrain vehicle
use by the commissioner of highways, upon any lands or trails as
designated for all-terrain vehicle use by the division of natural
resources, or as the Legislature may provide, or upon private
property woodlands and trails, notwithstanding the definition as
set forth in subsection (ii), section one, article one of chapter
seventeen-a. The limited purpose ATV is exempt from the
registration, licensure and insurance requirements for general
purpose ATVs, as are set forth in the applicable provisions of
chapters seventeen-a, seventeen-b and seventeen-c of this code,
and as incorporated in article two of this chapter.
(c) "All-terrain vehicle dealer" means any person or entity
which offers all-terrain vehicles for retail sale.
(d) "All-terrain vehicle rental agent" means any person or
entity which offers all-terrain vehicles for rent or lease on a
daily or hourly basis.
(e) "State roadways" means those roadways as defined in
section twenty-eight, article one, chapter seventeen of this
code.
(f) "Division" means the division of motor vehicles.
ARTICLE 2. GENERAL PURPOSE ALL-TERRAIN VEHICLE.
§17F-2-1. Registration and certificate of title required for
general purpose all-terrain vehicles.
(a) In accordance with the provisions of section four,
article three, chapter seventeen-a of this code, any general
purpose all-terrain vehicle as defined in section two, article
one of this chapter, which is owned by a resident of this state
and located within this state is subject to the certificate of
title and the payment of the privilege tax which would apply to
any motorcycle or motor vehicle to be used upon the state
roadways.
The division shall, on and after the first day of October,
two thousand and two, provide each general purpose all-terrain
vehicle owner who obtains a title with a license and indicia of
registration. The division shall charge twelve dollars
registration fee in addition to any other applicable fees
authorized in chapter seventeen -a of this code. Four dollars of
the registration fee shall be use for the safety education
program established in section five, article two, chapter seventeen-f of this code. The general purpose all-terrain
vehicle owner shall affix the indicia of registration to the all-
terrain vehicle where it is clearly visible. Any operator of the
general purpose all-terrain vehicle shall carry the
identification number certificate when operating the general
purpose all-terrain vehicle.
(b) The division shall issue the identification number
certificate and indicia of registration in the following manner:
(1) When the general purpose all-terrain vehicle is titled
in the name of the owner, upon application, issue to the owner
applicant an identification number certificate and indicia of
registration for display in accordance with the provisions of
this section. Any seller of an all-terrain vehicle shall
properly reassign his or her interest in the all-terrain vehicle
to any subsequent purchaser on the reverse side of the
certificate of title and the identification number certificate.
(c) Upon the transfer of ownership of any general purpose
all-terrain vehicle which displays an identification number
indicia of registration, the seller shall properly reassign his
or her interest in the general purpose all-terrain vehicle on the
reverse side of the identification number certificate and the
certificate of title to the purchaser who shall within sixty
days of purchase apply to the division for a new certificate of title in the purchaser's name, pay the required privilege tax and
obtain a new identification number certificate and indicia of
registration.
(d) Upon the transfer of ownership of any all-terrain
vehicle on or after the first day of October, two thousand and
two, which does not display an identification number and indicia
of registration, the purchaser shall within sixty days of
purchase complete a statement of ownership, obtain a verification
of the manufacturer's identification serial number and apply to
the division for a certificate of title in the purchaser's name,
pay the required privilege tax and obtain an identification
number certificate and indicia of registration.
(e) On or after the first day of October, two thousand and
two, it shall be unlawful for any person to own or operate a
general purpose all-terrain vehicle on the roadways in this
state, unless an identification number certificate is carried by
the operator and the prescribed identification indicia of
registration is properly displayed on the vehicle where it is
clearly visible. The penalties prescribed in section one,
article three of chapter seventeen-a shall apply to violations of
this article.
§17F-2-4. Safety equipment and requirements for general purpose
all-terrain vehicles; all-terrain vehicle guidelines and education committee.
(a) No person shall operate any general purpose all-terrain
vehicle on any state roadway unless the person is wearing
securely fastened on his or her head by either a neck or chin
strap a protective helmet designed to deflect blows, resist
penetration and spread impact forces. Any helmet worn by an
operator shall meet 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.
(b) No person shall operate any general purpose ATV unless
the person is wearing safety, shatter-resistant eyeglasses
(excluding contact lenses), or eye goggles or face shield that
complies with the performance specifications established by the
American National Standards Institute for Head, Eye and
Respiratory Protection, Z 2.1. In addition, if any general
purpose ATV is equipped with a windshield or windscreen, the
windshield or windscreen shall be constructed of safety, shatter-
resistant material that complies with the performance
specifications established by Department of Transportation
Federal Motor Vehicle Safety Standard No. 205 and American
National Standards Institute, Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways, Standard Z
26.1.
(c) A person operating a general purpose ATV shall ride in
a seated position facing forward and only upon a permanent
operator's seat attached to the vehicle. No operator shall carry
any other person nor shall any other person ride on the vehicle
unless the vehicle is designed to carry more than one person
according to the manufacturer's original specifications. No
person shall ride side saddle on a seat.
(e) Every general purpose ATV shall be equipped with a
rearview mirror affixed to the handlebars or fairings and
adjusted so that the operator shall have a clear view of the road
and condition of traffic behind him for a distance of at least
two hundred feet.
(f) Every general purpose ATV shall be equipped with
headlights, brake lights, and a horn or other device capable of
giving a signal audible for a distance of at least one hundred
feet, except that a general purpose ATV shall not be equipped
with a siren or whistle.
(g) Every general purpose ATV shall be equipped with tires
which conform with the accepted motor vehicle industry standards
for on-road tires.
(f) There is hereby created a six member ATV safety and education committee consisting of: The superintendent of the
state police or a designee; the commissioner of motor vehicles or
a designee; the director of the West Virginia safety council or
a designee; a licensed general purpose ATV operator; an owner of
an ATV dealership; and a supplier of aftermarket ATV supplies.
The nongovernmental representatives shall be appointed by the
governor with the advice and consent of the Senate, shall serve
without compensation, and the terms shall be for three years,
except that as to the members first appointed, one shall be
appointed for a term of one year, one shall be appointed for a
term of two years and one shall be appointed for a term of three
years. Members may be reappointed to the committee.
The committee shall continue to exist pursuant to the
provisions of article ten, chapter four of this code until the
first day of July, two thousand three to allow for the completion
of a preliminary performance review by the joint committee on
government operations.
The committee is hereby authorized to recommend to the
superintendent of public safety types and makes of protective
helmets, eye protection devices and equipment offered for sale,
purchased or used by any person. The committee is authorized to
make recommendations to the commissioner of motor vehicles
regarding the use of the moneys in the general purpose all-terrain safety fund created under section five, article two of
this chapter.
§17F-2-5. West Virginia general purpose all terrain vehicle
safety education program established.
(a) The West Virginia general purpose all terrain vehicle
safety education program is hereby established within the
division to be administered by the commissioner. The program
shall include rider training courses and instructor training
courses. It may also include efforts to enhance public ATV
safety awareness, alcohol and drug effects awareness for general
purpose ATV operators, operator improvement efforts, licensing
improvement efforts, program promotion and other efforts to
enhance general purpose all terrain vehicle safety through
education.
(b) The commissioner shall appoint a program coordinator who
shall oversee and direct the program, and conduct an annual
evaluation. General purpose all-terrain vehicle operator
training courses shall be conducted annually in no fewer than
four sites throughout the state, commencing no later than the
first day of July, two thousand two.
§17F-2-6. General purpose all-terrain vehicle operator training.
(a) The division shall establish by legislative rule
proposed for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, guidelines for
the general purpose ATV operator training course designed to
develop and instill the knowledge, attitudes, habits and skills
necessary for safe operation of an ATV.
(b) General purpose all-terrain vehicle operator training
courses shall be open to all residents of the state who are
eligible for a general purpose ATV operator's permit. An
adequate number of rider training courses shall be provided to
meet the reasonably anticipated needs of all persons in the state
who are eligible and who desire to participate in the program.
Program delivery may be phased in over a reasonable period of
time.
(c) The division shall issue certificates of completion in
the manner and form prescribed by the commissioner to persons who
satisfactorily complete the requirements of the course.
§17F-2-7. Instructor training and qualification.
(a) The division shall establish standards for an approved
general purpose ATV operator's education instructor preparation
course. Successful completion of the course shall require the
participant to demonstrate knowledge of the course material,
knowledge of safe general purpose ATV operating practices, and
the necessary aptitude for instructing students.
(b) The division shall establish minimum requirements for the qualification of an operator education instructor.
§17F-2-8. Program implementation.
The division may enter into contracts with either public or
private organizations for technical assistance in conducting
general purpose all-terrain vehicle operator and instructor
training courses, if the courses are administered and taught
according to standards established by the division. An
organization conducting such courses may charge a reasonable
tuition fee. The division shall determine the maximum tuition
fee an organization may charge.
§17F-2-9. Exemption from general purpose all-terrain vehicle
operator's license examination.
The commissioner may exempt applicants for a general purpose
ATV operator's license or endorsement from all or part of the
special ATV license examination required this article if the
applicant presents a certificate of completion of the general
purpose all-terrain vehicle operator's training course specified
in this article.
§17F-2-10. General purpose all-terrain vehicle safety account.
(a) There is hereby created a special fund in the state
treasury which shall be designated the "General purpose ATV
safety fund". The fund shall consist of all moneys received from
general purpose ATV operator's licensing fees except instruction permit fees, one half of the moneys received from the general
purpose ATV safety fee assessed with each general purpose ATV
registration under this article and any other moneys specifically
allocated to the fund. The fund shall not be treated by the
auditor and treasurer as part of the general revenue of the
state. The fund shall be a special revolving fund to be used and
paid out upon order of the commissioner of motor vehicles, based
upon the recommendations of the ATV safety and education
committee created under section four of this article, solely for
the purposes specified in this chapter.
(b) The fund shall be used by the division of motor vehicles
to defray the cost of implementing and administering the general
purpose ATV safety education program established in this article.
Moneys in the special revolving fund may also be used to defray
the cost of implementing and administering the general purpose
ATV operator's licensing program.
§17F-2-11. Effective date.
This article shall become effective on the first day of
July, two thousand two.
ARTICLE THREE. LIMITED PURPOSE ALL-TERRAIN VEHICLES.
17F-3-1. Licensing and safety requirements for limited use all-
terrain vehicles.
The limited purpose ATV is exempt from the registration, licensure, and insurance requirements as set forth for general
purpose ATVs in article two of this chapter.
The division may require use of safety equipment by
legislative rule proposed for promulgation in accordance with the
provisions of article three, chapter twenty-nine-a of this code
including but not limited to requiring any person under the age
of twenty-one years using a limited purpose ATV to wear a proper
helmet and eye protection, unless on private property or engaged
in agricultural or employment activities.
§17F-3-2. Prohibited acts by operator of limited purpose all-
terrain vehicles.
(a) No limited purpose 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 which have no center line or
pavement edge marking, or as otherwise authorized by this code,
or to the extent necessary to cross a road by the most direct
route;
(2) On any road or trail or any other lands within the
boundaries of any state park, state forest, or any state owned or
leased wildlife management area, except that the director of the
division of natural resources may authorize by rule, proposed for
promulgation under the provisions of article three, chapter twenty-nine-a of this code, the use of all-terrain vehicles;
(3) With a passenger unless a limited use vehicle has
seating for an operator and a passenger who both ride seated
directly on the vehicle in a forward position;
(4) In a careless or reckless manner so as to endanger or
cause injury or damage to any person or property; or
(5) While under the influence of alcohol or any controlled
substance, or under the influence of a prescription or non-
prescription drug that impairs vision or motor coordination.
(b) In addition to any other applicable provisions of this
code, any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred fifty dollars or imprisoned in
the county or regional jail for a period of not more than thirty
days, or both fined and imprisoned.
(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 section.
§17F-3-3. Effective date.
This article shall become effective on the first day of
July, two thousand two.
ARTICLE 4. MISCELLANEOUS PROVISIONS
§17F-4-1. Municipal authority.
A municipality may regulate or prohibit, by ordinance, the
operation of general purpose or limited purpose all-terrain
vehicles upon any street, road or avenue within the municipal
corporate limits.
§17F-4-2. Authority for regulations.
The division is authorized to propose for legislative
promulgation such rules as are necessary to carry out the
provisions of this in accordance with the provisions of chapter
twenty-nine-a of this code.
§17F-4-3. All-terrain vehicle dealers to charge sales tax
on every all-terrain vehicle sale; application for refund of
sales tax in certain circumstances.
A dealer is required to charge the purchaser of an all-
terrain vehicle the applicable state sales tax, regardless of the
proposed or declared ultimate use to which the all-terrain
vehicle will be put.
Operators of general use all-terrain vehicles may make an
application to the department of tax and revenue for refund of
the sales tax upon payment of the privilege tax required for
licensure of their vehicles.
§17F-4-4. All-terrain vehicle rental dealers required to
provide safety equipment.
A
rental entity which rents or leases all-terrain vehicles
for recreational purposes must provide helmets and safety glasses
to all persons renting or leasing these vehicles.
NOTE: The purpose of this bill is to provide for
two classifications of all-terrain vehicles, which will be
regulated and treated differently. The bill provides for
"general purpose ATVs" which will be licensed, taxed and equipped
for on-road use in the manner of motorcycles. The bill provides
for "limited use ATVs" which will be exempt from licensing and
used for off-road and other specified uses. The bill requires
helmets for all ATV operators under the age of twenty.
The chapter is new; therefore, strike-throughs and
underscoring have been omitted.
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