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Introduced Version House Bill 3240 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3240


(By Delegates White and Kominar)

[Introduced March 19, 2009; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §17F-1-2 of the Code of West Virginia, 1931, as amended, relating to the authority of the Commissioner of Motor Vehicles to approve all-terrain vehicle rider safety awareness courses; authorizing the commissioner to issue certificates of completion; limiting the liability of the commissioner and state institutions of higher education which operate, own, train or promote all-terrain vehicle rider safety awareness courses approved by the commissioner.

Be it enacted by the Legislature of West Virginia:
That §17F-1-2 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-1-2. Safety awareness courses.
(a) On and after the first day of September, two thousand four, The Commissioner of Motor Vehicles shall offer a free all-terrain vehicle rider safety awareness course, and may approve other all-terrain vehicle rider safety awareness courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety awareness 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 and other approved providers to issue the certificates of completion. The commissioner may authorize a state institution of higher education, which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, to issue the certificates of completion on behalf of the commissioner.
(c) On and after the first day of January, two thousand five, No person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider safety awareness course as offered or approved by the commissioner.
(d) The provisions of subsection (c) of this section do not apply to the operation of an all-terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by a person or entity which has in place a safety program.
(e) No state institution of higher education, which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, is liable for personal injuries to, or for the death of, a rider that may occur during the approved all-terrain vehicle rider safety awareness course.
(f) No state institution of higher education, which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, is liable for the death, injury, loss or damage resulting from or involving any individual or entity that may occur at any time during or after the rider completes the all-terrain vehicle rider safety awareness course.
(g) A person who was enrolled in or received a certificate of completion from or on behalf of the commissioner pursuant to subsection (b) of this section may not make a claim against, maintain any action against or recover from the commissioner or any state institution of higher education which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, for the death, injury, loss or damage occurring during or after the person completes an all-terrain vehicle rider safety awareness course.
(h) A person may not make a claim against, maintain an action against or recover from the commissioner or a state institution of higher education which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, for the death, injury, loss or damage resulting from or involving an individual who was enrolled in or is in receipt of a certificate of completion from or on behalf of the commissioner, pursuant to subsection (b) of this section.


NOTE: The purpose of this bill is to give the Commissioner of Motor Vehicles certain authority with regard to certificates of completion related to all-terrain vehicle rider safety awareness courses; and to limit the liability of the commissioner and any state institute of higher education which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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