Senate Bill No 264.
(By Senators Ross, Love, Minard and Sharpe)
____________
[Introduced January 22, 2004; referred to the Committee on .]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new chapter, designated
§17F-1-1
,
§17F-1-2
,
§17F-1-3
,
§17F-1-4
,
§17F-1-5, §17F-1-6
and §17F-1-7, all
relating to the regulation of all-terrain vehicles;
prohibiting operation on interstate highways; prohibiting
operation on center-lined roads or roads with more than two
lanes; exceptions to prohibition; prohibiting riders under the
age of eighteen to ride without a helmet; providing for
penalties for violations; requiring safety training; providing
for regulation by local government authority; requiring rental
dealers to provide safety equipment; requiring manufacturers
to design, install and implement a rollover protection system
within three years of the effective date; providing an
exemption to all-terrain vehicles manufactured before the
rollover protection becomes mandatory; providing exemption for
private property; and providing exemption for farm and commercial use.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new chapter, designated
§17F-1-1
,
§17F-1-2
,
§17F-1-3
,
§17F-1-4
,
§17F-1-5, §17F-1-6
and §17F-1-7
, all to read as
follows:
CHAPTER 17F. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator.
(a) No all-terrain vehicle may be operated in this state:
(1) On any interstate highway except by public safety
personnel responding to emergencies;
(2) On any 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) Unless riders under the age of eighteen are wearing
protective helmets that 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;
(4) Anytime from sunset to sunrise without an illuminated
headlight or lights and taillights;
(5) 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
(6) Unless operating in compliance with the provisions of
section two of this article.
(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 one hundred dollars.
(c) Notwithstanding any provision of this chapter to the
contrary, 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 or as close as possible to the edge of
any road, street or highway, other than an interstate highway for a reasonable distance, if:
(1) The vehicle is operated at speeds of twenty-five miles per
hour or less; and
(2) If operated at any time from sunset to sunrise, the
all-terrain vehicle must be equipped with headlights and taillights
which must be illuminated.
(d) For purposes of subsection (c) of this section, the
reasonable distance which may be traveled for the sole purpose of
getting from one trail, field or area of operation to another upon
the shoulder or as close as possible to the edge of any road,
street or highway, other than an interstate highway, shall not
exceed that distance as established for farm use vehicles.
(e) Notwithstanding the provisions 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 paved 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, or for specified purposes, or in emergencies.
§17F-1-2. Safety training.
(a) On and after the first day of July, two thousand four, the
commissioner of motor vehicles shall offer a free all-terrain
vehicle rider safety training course, and may approve other free
all-terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The commissioner shall
offer free safety training 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 to issue the certificates of completion.
(c) On and after the first day of July, two thousand four, no
person under the age of eighteen may operate an all-terrain vehicle
without a certificate of completion of a vehicle rider training
course as offered or approved by the commissioner.
§17F-1-3. Local government authority to regulate.
(a) A municipality may regulate in any manner, by lawfully
enacted ordinance, the operation of all-terrain vehicles upon any
street, road or avenue within the municipal corporate limits.
(b) Homeowner associations may petition the county commission
of the county in which the area regulated by the homeowner
association is located for an ordinance to regulate or prohibit the
operation of all-terrain vehicles upon any street, road or avenue
within the area regulated by the homeowner association. County
commissions are hereby authorized, upon receipt of a petition
authorized by the provisions of this section, to enact an ordinance
regulating or prohibiting the operation of all-terrain vehicles.
§17F-1-4. All-terrain vehicle rental dealers required to provide
safety equipment.
Any person or entity renting or leasing all-terrain vehicles
for recreational purposes must provide protective helmets as
defined by the provisions of subdivision (3), subsection (a),
section one of this article, to all persons using such vehicles who
are under the age of eighteen and offer protective helmets to all
persons eighteen and older using the rented or leased vehicles:
Provided, That for the provisions of this section to be applicable,
the age and identity of the users of the all-terrain vehicle must
be disclosed to the person or entity providing the rented or leased
vehicle.
§17F-1-5. All-terrain vehicle manufacturers required to design,
install and implement rollover protection system;
effective date; exemption.
A manufacturer that manufactures, sells or places in the
stream of commerce all-terrain vehicles shall design, install and
implement a rollover protection system within three years from the
effective date of this section: Provided, That any all-terrain
vehicles manufactured, sold or placed in the stream of commerce
before the implementation of a rollover protection system becomes
mandatory is exempt from this section.
§17F-1-6.
Private property exemption.
The provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the
vehicle owner or on private lands of others with the owner's
permission.
§17F-1-7. 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, oil
and gas operations, timbering, surveying and public utilities
access.
NOTE: The purpose of this bill is to regulate all-terrain
vehicles; prohibit operation on interstate highways; prohibit
operation on center-lined roads or roads with more than two lanes;
exceptions to prohibition; prohibit riders under the age of
eighteen without a helmet; provide for penalties for violations;
require safety training; provide for regulation by local government
authority; require rental dealers to provide safety equipment;
require manufacturers to design, install and implement a rollover
protection system within three years of the effective date; provide
an exemption to all-terrain vehicles manufactured before the
rollover protection system becomes mandatory; provide exemption for
private property; and provide exemption for farm and commercial
use.
This chapter
is new; therefore, strike-throughs and
underscoring have been omitted.