H. B. 4120
(By Palumbo, Amores, Morgan,
Overington and Smirl)
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[Introduced January 23, 2004
;
referred to the Committee on the Judiciary.]
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A BILL to amend the code of West Virginia, 1931, as amended by
adding thereto a new section, designated §7-1-3oo; and to
amend said code by adding thereto a new chapter, designated
§17G-1-1, §17G-1-2, §17G-1-3 and §17G-1-4, all relating to
all-terrain vehicles generally; authorizing county commissions
to regulate or prohibit operation of all-terrain vehicles in
housing developments; prohibiting operation of all-terrain
vehicles on certain paved roads and highways; allowing all-
terrain vehicles to cross paved roads and highways under
certain circumstances; allowing operation of all-terrain
vehicles on paved roads and highways for the limited purpose
of traveling from one trail to another trail under certain
circumstances; authorizing limited operation of all-terrain
vehicles on paved roads and highways during declared state of
emergency; authorizing the division of natural resources to
regulate operation of all-terrain vehicles on property within
its jurisdiction through legislative rule; authorizing the Hatfield-McCoy recreation area authority to regulate operation
of all-terrain vehicles on property within its jurisdiction by
legislative rule; authorizing the state rail authority to
regulate operation of all-terrain vehicles on property within
it jurisdiction by legislative rule; authorizing the governing
body of any nonprofit or not-for-profit entity with property
used for public recreational purposes to regulate operation on
property within its control; authorizing the governing body of
any municipality or county commission to regulate operation of
all-terrain vehicles on property used for recreational
purposes on property owned or operated by the municipality or
the county; prohibiting passengers unless the all-terrain
vehicle is manufactured for passenger use; requiring use of
lights on all-terrain vehicles from sunset to sunrise;
requiring certain safety equipment; prohibiting use of an all-
terrain vehicle in a careless or reckless manner; authorizing
law-enforcement officers to enter private lands in pursuit of
all-terrain vehicle operator who has violated the law;
allowing local governmental entities to authorize operation of
all-terrain vehicles for certain limited purposes; requiring
written permission to operate an all-terrain vehicle on the
land of another person; requiring all-terrain vehicle rental
dealers to provide safety equipment to persons under eighteen
years of age and offer safety equipment to adults; providing
exemption for agricultural and nonrecreational commercial
operation of all-terrain vehicles; and providing for criminal penalty of one hundred dollars for violations of this article.
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 section, designated §7-1-3oo; and that said
code be amended by adding thereto a new chapter, designated §17G-1-
1, §17G-1-2, §17G-1-3 and §17G-1-4, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority of counties to regulate operation of all-
terrain vehicles.
In addition to all other powers now conferred by law upon
county commissions, each county commission is hereby authorized to
regulate or prohibit, by lawfully enacted ordinance, the operation
of all-terrain vehicles upon any street, road or avenue within a
housing development within the county but not within a
municipality's corporate limits. The development owner or owners
may request in writing that the county commission regulate or
prohibit the operation of all-terrain vehicles within the
development prior to selling any lot or parcel within the
development. Homeowners may, by petition of a majority of the
homeowners in the development, request that the county commission
regulate or prohibit the operation of all-terrain vehicles within
the development. Prior to consideration of an ordinance to
regulate or prohibit the operation of all-terrain vehicles in a
development, the county commission shall conduct a public hearing
on the issue.
CHAPTER 17G. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17G-1-1. Acts prohibited by operator.
(a) No all-terrain vehicle may be operated in this state:
(1) On any paved road, paved public road or paved highway as
defined in section three, article one, chapter seventeen of this
code except for the purpose of crossing a paved road, public road
or paved 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
a paved road, public road or paved 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 headlights and taillights are illuminated when
the crossing is made if the vehicle is so equipped.
(2) On any paved road, paved public road or paved highway as
defined in section three, article one, chapter seventeen of this
code except for the sole purpose of getting from one trail, field
or area of operation to another, be operated upon the shoulder, if
safe to do so, or as close as possible to the right edge of a road,
street or highway, other than an interstate highway, four lane or
divided road or highway for a distance not to exceed one mile, if:
(A) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(B) If operated at any time from sunset to sunrise, the all-
terrain vehicle must be equipped with headlights and taillights
which must be illuminated. During daylight hours both the
headlights and taillights must be illuminated if the vehicle is so
equipped.
(3) On any paved road, paved public road or paved highway
except as provided for in this section and as may be reasonablely
necessary during a declared state of emergency:
Provided, That an
all-terrain vehicle may never be operated on an interstate highway
by anyone other than public safety personnel responding to
emergencies.
(4) On any road, trail or any other lands within boundaries of
any state park, state forest or wildlife management area except as
may be authorized by the director of the division of natural
resources by rule promulgated pursuant to the provisions of article
three, chapter twenty-nine-a of this code;
(5) On any road, trail or any other lands within the
boundaries of the Hatfield-McCoy Recreation Area, except as may be
authorized by rule promulgated pursuant to the provisions of
article three, chapter twenty-nine-a of this code by the Hatfield-
McCoy Recreation Area Authority;
(6) On any road, trail or any other lands under the
jurisdiction of the state rail authority except as may be
authorized by the authority by rule promulgated pursuant to the
provisions of article three, chapter twenty-nine-a of this code;
(7) On any road, trail or any other lands within the
boundaries of land owned by a non-profit or not-for-profit entity
used for public recreational purposes except as authorized by the
governing board of such entity;
(8) Within the boundaries of any municipal or county owned or
operated recreational area except as may be authorized by the
municipality's governing body or the county commission;
(9) With any passenger unless the manufacturer has specified
that the all-terrain vehicle is designed for and may be safely used
by a rider and one or more passengers;
(10) Anytime from sunset to sunrise without an illuminated
headlights and taillights;
(11) Without a manufacturer-installed or equivalent spark
arrester and muffler in proper working order and properly connected
to the vehicle's exhaust system; or
(12) In a careless or reckless manner so as to endanger or
cause injury or damage to any person or property.
(b) No provision of this section may be construed to prohibit
a municipal, county or state law-enforcement officer from entering
upon private lands while in active pursuit of an operator of an
all-terrain vehicle who has violated a provision of this section if
the violation occurred in the officer's presence.
(c) Notwithstanding any provision of this chapter to the
contrary, a municipality, county or other political subdivision of
the state may authorize or prohibit the operation of all-terrain
vehicles on certain paved roads, streets or alleys to allow participation in parades, exhibitions and other special events, or
for specified purposes.
(d) No person may operate an all-terrain vehicle upon the
fenced, enclosed or posted property of another person without the
written permission of the landowner or authorized agent of the
landowner. Each operator while operating an all-terrain vehicle on
the land of another person must have the landowner's or his or her
authorized agent's written permission in his or her possession.
§17G-1-2. 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 section forty-four, article fifteen,
chapter seventeen-c of this code to all persons using such vehicles
who are under the age of eighteen and offer protective helmets to
all persons eighteen years of age and older using the rented or
leased vehicles:
Provided, That for the provisions of this section
to be applicable, the users of the all-terrain vehicle must be
known to the person or entity providing the rented or leased
vehicle.
§17G-1-3. Agricultural and commercial use.
An all-terrain vehicle which is used exclusively for
conducting agricultural or non-recreational commercial activities
may be operated on or over any road, public road or highway of this
state, other than an interstate highway for a distance not to
exceed twenty-five miles for the purpose of conducting these activities.
§17G-1-4. Criminal penalties.
In addition to any other legal remedy for violation of civil
or criminal provisions of this code, any person not expressly
exempted from the requirements of this article who violates the
provisions of this article is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one hundred
dollars.
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NOTE: The purpose of this bill is to establish ATV safety
measures for persons operating and riding ATVs, placing limitations
on ATV road use, and granting counties limited authority to
regulate their use.
This bill was recommended for introduction and passage by the
Joint Standing Committee on the Judiciary.
Section 7-1-3oo and chapter 17G are new; therefore, strike-
throughs and underscoring have been omitted.