Senate Bill No. 656
(By Senators Oliverio, Rowe, Kessler, Snyder, Minard, Hunter,
Jenkins, McKenzie and Ross)
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[Originating in the Committee on the Judiciary;
reported February 28, 2003.]
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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 requiring persons who operate all-terrain vehicles
who are under the age of eighteen years to wear helmets;
prohibiting persons under the age of eighteen from riding on
an all-terrain vehicle that is operated by another person
under the age of eighteen; providing penalties for violation;
exempting commercial and farm use from application of article;
and providing for local or county regulation or prohibition of
all-terrain vehicles.
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. ALL-TERRAIN VEHICLES.
§17C-24-1. Regulation of all-terrain vehicles.
All-terrain vehicles, as defined by section one, article one,
chapter seventeen-a of this code, owned by residents of this state
and located within this state may not be operated within the state
in violation of either of the following provisions:
(a) No person under the age of eighteen may operate or ride on
an all-terrain vehicle unless he or she is wearing a protective
helmet of a type approved by the United States department of
transportation.
(b) No person under the age of eighteen may operate an all-
terrain vehicle while another person under the age of eighteen is
a passenger.
§17C-24-2. Penalties for violations.
Any person violating the provisions of section one of this
article is guilty of a misdemeanor and, upon conviction thereof,
for a first offense, shall be fined not more than fifty dollars
and, for a second or subsequent offense, shall be fined not more
than one hundred dollars.
§17C-24-3. Local and county regulation of all-terrain vehicles.
Any county commission or city council of this state may
regulate or prohibit the operation of all-terrain vehicles within
their geographical jurisdiction.
§17C-24-4. Exemption for farm and commercial use.
Nothing in this article may be construed to preclude the use
or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use.
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(NOTE: The purpose of this bill is to:
(1) Require that
persons who operate all-terrain vehicles who are under the age of
eighteen wear helmets approved by the U. S. department of
transportation; (2) prohibit persons under the age of eighteen from
riding on an ATV that is operated by another person under the age
of eighteen; (3) provide misdemeanor penalties; and (4) expressly
provide that cities and counties may regulate or prohibit the
operation of ATVs within their respective jurisdictions. The bill
provides an exemption for farm and commercial use.
This article is new; therefore, strike-throughs and
underscoring have been omitted.)