H. B. 4527
(By Delegates Trump, Blair, Duke,
Faircloth and Overington)
[Introduced
February 18, 2004
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17C-24-1, §17C-24-2,
§17C-24-3, §17C-24-4 and §17C-24-5, all relating to the
regulation of all-terrain vehicles; definition of all-terrain
vehicles; requiring the division of motor vehicles to provide
and authorize safety training courses; requiring operators to
complete a safety training course; prohibition of operation of
all-terrain vehicles on public paved roads, streets or
highways; exceptions to prohibition; requiring riders to wear
a helmet; exemption for operation for farm use or farm
activities; creating the criminal offense of trespass by an
operator of an all-terrain vehicle upon private lands of
another without written consent of owner or tenant of
property; and providing criminal penalties for violations.
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 article, designated §17C-24-1, §17C-24-2,
§17C-24-3, §17C-24-4 and §17C-24-5, all to read as follows:
ARTICLE 24. ALL-TERRAIN VEHICLES.
§17C-24-1. Definition of all-terrain vehicle.
As used in this article, the phrase "all-terrain vehicle"
means any motor vehicle designed for off-road highway use and
designed either for operator use only with either no passengers or
one passenger, having a seat or saddle designed to be straddled by
the operator or the operator and one passenger, and handlebars for
steering control.
§17C-24-2. Safety training courses required; dealers to provide
training; persons required to take training.
(a) On and after the first day of October, two thousand four,
the division 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 division 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 division shall issue certificates of completion to
persons who satisfactorily complete the requirements of an approved
course. The division may authorize a dealer of all-terrain
vehicles to issue the certificates of completion.
(c) On and after the first day of October, two thousand four,
no person may operate an all-terrain vehicle without a certificate
of completion of a vehicle rider training course as offered or
approved by the division.
§17C-24-3. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated on any public paved
road, street or highway in this state, except:
(1) For the purpose of crossing the road, street or highway,
other than an interstate highway or a highway with a speed limit
greater than sixty-five miles per hour, 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) If equipped, both the headlight and taillight are
illuminated when the crossing is made.
(b) Notwithstanding the provisions of this section 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, other than interstate highways or a highway with a speed limit greater than sixty-five
miles per hour, to allow participation in parades, exhibitions and
other special events, or for specified purposes, or in emergencies.
(c) No person may operate an all-terrain vehicle upon, across
or along the shoulder of any interstate highway or a highway with
a speed limit greater than sixty-five miles per hour.
(d) No all-terrain vehicle may be operated by any person,
unless he or she is wearing a protective helmet that 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.
§17C-24-4. Exemptions; conformity with existing law.
(a) The provisions of this article do not apply if the
all-terrain vehicle is operated for farm use or farm activities:
(1) Exclusively on lands owned or leased by the vehicle owner or on
private lands of others with the owner's permission; or (2) on a
road or highway, except for interstate highways.
(b) No provision of this section may be construed to prohibit
a municipal, county or state law-enforcement officer from entering
upon private lands in pursuit of an operator of an all-terrain
vehicle who is violating a provision of this article.
(c) Nothing in this article may be construed to supercede the provisions of section one, article two, chapter seventeen-b of this
code.
(d) The provisions of this article which are inconsistent with
article fourteen, chapter twenty of this code, or the rules
promulgated thereunder, do not apply to facilities or areas
regulated under the provisions of that article.
§17C-24-5. Trespass by operator of an all-terrain vehicle upon
private lands of another; penalty.
No person may operate an all-terrain vehicle on the private
lands of other persons without the express written permission of
the landowner or the tenant in lawful possession thereof, which
shall be in the physical possession of the operator at all times
when the person is operating an all-terrain vehicle upon the
private lands of another. Any person violating this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than one hundred dollars nor more than five hundred
dollars, or imprisoned in the regional or county jail for a period
not to exceed six months, or both fined and imprisoned.
NOTE: The purpose of this bill is to regulate and restrict
the operation of all-terrain vehicles.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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