SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 264 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No 264.

(By Senators Ross, Love, Minard and Sharpe)

____________

[Introduced January 22, 2004; referred to the Committee on .]

____________




A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §17F-1-1 , §17F-1-2 , §17F-1-3 , §17F-1-4 , §17F-1-5, §17F-1-6 and §17F-1-7, all relating to the regulation of all-terrain vehicles; prohibiting operation on interstate highways; prohibiting operation on center-lined roads or roads with more than two lanes; exceptions to prohibition; prohibiting riders under the age of eighteen to ride without a helmet; providing for penalties for violations; requiring safety training; providing for regulation by local government authority; requiring rental dealers to provide safety equipment; requiring manufacturers to design, install and implement a rollover protection system within three years of the effective date; providing an exemption to all-terrain vehicles manufactured before the rollover protection becomes mandatory; providing exemption for private property; and providing exemption for farm and commercial use.

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 chapter, designated
§17F-1-1 , §17F-1-2 , §17F-1-3 , §17F-1-4 , §17F-1-5, §17F-1-6 and §17F-1-7 , all to read as follows:
CHAPTER 17F. ALL-TERRAIN VEHICLES.

ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator.
(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 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) Unless riders under the age of eighteen are wearing 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;
(4) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
(5) 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
(6) Unless operating in compliance with the provisions of section two of this article.
(b) Any person not exempted by the provisions of this article who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
(c) Notwithstanding any provision of this chapter to the contrary, 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 or as close as possible to the edge of any road, street or highway, other than an interstate highway for a reasonable distance, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) If operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(d) For purposes of subsection (c) of this section, the reasonable distance which may be traveled for the sole purpose of getting from one trail, field or area of operation to another upon the shoulder or as close as possible to the edge of any road, street or highway, other than an interstate highway, shall not exceed that distance as established for farm use vehicles.
(e) Notwithstanding the provisions 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 paved 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, or for specified purposes, or in emergencies.
§17F-1-2. Safety training.
(a) On and after the first day of July, two thousand four, the commissioner 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 commissioner 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 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 to issue the certificates of completion.
(c) On and after the first day of July, two thousand four, no person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider training course as offered or approved by the commissioner.
§17F-1-3. Local government authority to regulate.
(a) A municipality may regulate in any manner, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
(b) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
§17F-1-4. 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 subdivision (3), subsection (a), section one of this article, to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the age and identity of the users of the all-terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.
§17F-1-5. All-terrain vehicle manufacturers required to design, install and implement rollover protection system; effective date; exemption.

A manufacturer that manufactures, sells or places in the stream of commerce all-terrain vehicles shall design, install and implement a rollover protection system within three years from the effective date of this section: Provided, That any all-terrain vehicles manufactured, sold or placed in the stream of commerce before the implementation of a rollover protection system becomes mandatory is exempt from this section.
§17F-1-6.
Private property exemption.
The provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permission.
§17F-1-7. Exemption for farm and commercial use.

Nothing in this article may be construed to preclude the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities access.


NOTE: The purpose of this bill is to regulate all-terrain vehicles; prohibit operation on interstate highways; prohibit operation on center-lined roads or roads with more than two lanes; exceptions to prohibition; prohibit riders under the age of eighteen without a helmet; provide for penalties for violations; require safety training; provide for regulation by local government authority; require rental dealers to provide safety equipment; require manufacturers to design, install and implement a rollover protection system within three years of the effective date; provide an exemption to all-terrain vehicles manufactured before the rollover protection system becomes mandatory; provide exemption for private property; and provide exemption for farm and commercial use.


This chapter
is new; therefore, strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print