H. B. 2914
(By Delegates Tucker, Porter, Blair and Rowan)
[Introduced February 7, 2007; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §17F-1-1 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; 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 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: 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 a 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 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 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) 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-1-10. 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.
NOTE: The purpose of this bill is to impose regulations on
the use and operation of all-terrain vehicles. Toward this end,
the bill contains provisions addressing the following: (1)
Prohibiting operation on paved roads or highways; (2) prohibiting
operation with a passenger unless allowed under manufacturers'
specifications; (3) providing for regulation of all-terrain
vehicles by local government authorities; (4) authorizing
all-terrain vehicle incident forms; (5) reporting requirements for
all-terrain vehicle incidents; and, (6) exempting the Hatfield
McCoy Trail.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§17F-1-10 and §17F-1-11 are new; therefore, strike-throughs
and underscoring have been omitted.