Senate Bill No. 315
(By Senators Palumbo, Wells, Foster and Guills)
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[Introduced February 20, 2009; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Judiciary.]
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A BILL to amend and reenact §17F-1-1 of the Code of West Virginia,
1931, as amended, relating to banning all-terrain vehicles
from all paved roads except for the purposes of crossing a
road; and requiring all-terrain vehicle operators and
passengers to wear protective helmets.
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 to read as follows:
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator; penalties for violations.
(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
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 passenger any passengers unless
more
passengers are 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 under the age of eighteen the operator and
any passenger are wearing size appropriate 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;
(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 one
mile, 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
contrary 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.
NOTE: The purpose of this bill is to ban all-terrain vehicles
from all paved roads except for the purposes of crossing a road,
and to require all-terrain vehicle operators and passengers to wear
protective helmets.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.