ATV LAW
AN
ACT 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, §17F-1-7, §17F-1-8, and §17F-1-9, all relating to the regulation of
all-terrain vehicles generally; prohibiting operation on interstate highways
and on center-lined roads or roads with more than two lanes; exceptions to
prohibitions; prohibiting operation with more than one passenger unless allowed
under manufacturer's specifications, prohibiting child passengers unless
operator is an adult or has a level two intermediate driver's license;
requiring certain equipment; prohibiting riders under the age of eighteen
without a helmet; providing for criminal
penalties for violations; requiring safety awareness courses; creating
exceptions; providing for regulation by local government authority; requiring
rental dealers to provide safety equipment,; providing certain exemptions of
use on private property; providing
exemption for farm and commercial use; and clarifying application of rules of
operation.
Be it enacted by the
Legislature of West Virginia
That
the code of West Virginia, 1931 as amended, be amended by adding there to a new
chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-5, §17F-1-6,
§17F-1-7, §17F-1-8, and §17F-1-9, all to read as follows:
CHAPTER 17F. ALL-TERRAIN
VEHICLES.
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 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 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 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, 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 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.
§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.
(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 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.
§17F-1-3. Local government authority to regulate.
Notwithstanding any provision of this article to the contrary:
(1) The governing body of a municipality may regulate in any manner or
prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon
any street, road or avenue within the municipal corporate limits.
(2) 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.
(3) The county commission of any county which has in effect and is operating
under a countywide comprehensive plan may by lawfully enacted ordinance
regulate or prohibit the operation of all-terrain vehicles on any road in the
county, except interstate highways: Provided,
That any county which enacts any such ordinance shall notify the West Virginia
state police and all law-enforcement agencies in the county of its action in
writing, together with a copy of the ordinance.
§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 (5), 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. Private property
exemption.
Except as provided by the provisions of subdivisions (3), (4) and (5),
subsection (a), section one of this article, and except as provided by the
provisions of section two of this article, 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-1-6. Exemption for farm,
commercial use; current regulations.
(a) Except as provided by the provisions of subdivisions (4) and (5), subsection
(a), section one, nothing in this article may be construed to preclude or limit
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.
(b) Nothing in this chapter may be construed to supersede or contravene the
provisions of any agreement between the state of West Virginia and any private
or governmental entity entered into prior to the effective date of this
chapter, or any lawfully promulgated legislative rule, including any emergency
legislative rule, regulating the operation of all-terrain vehicles.
§17F-1-7. Applicability of rules
of operation.
(a) Every person operating an all-terrain vehicle upon a public road or highway
of this state shall be subject to all of the duties applicable to the driver of
a vehicle by the provisions of chapter seventeen-c of this code except where
inconsistent with the provisions of this article and except as to those
provisions of chapter seventeen-c of this code which by their nature can have
no application.
(b) Notwithstanding the provisions of subsection (a) of this section, a motor
vehicle operator's license is not required of an operator of an all-terrain vehicle
when he or she is operating said vehicle in conformity with the provisions of
subdivision (2), subsection (a) or subsection (b), section one of this chapter
except when the operator is under the age of eighteen and is transporting a
passenger under the age of eighteen.
§17F-1-8. Criminal penalties.
(a) Except as provided in the provisions of subsection (b) of this section and
in addition to any other legal remedy for violation of civil or criminal
provisions of this code, any person who violates the provisions of this article
or municipal or county ordinance enacted pursuant to the provisions of section
three of this article or who owns or has control over an all-terrain vehicle
and knowingly permits it to be used in violation of the provisions of this
article is guilty of a misdemeanor and, upon conviction thereof, shall be fined
not more than one hundred dollars.
(b) Any parent, legal guardian or person who has actual responsibility for a
child under eighteen years of age who knows or should have known the child is
operating or is a passenger on an all-terrain vehicle without a helmet as
required by the provisions of section one of this article is guilty of a
misdemeanor and shall, upon conviction, be subject to the following penalties:
(1) For a first offense, a fine of not less than fifty dollars nor more than
one hundred dollars or not more than ten hours of community service, or both;
(2) For a second offense, a fine of not less than one hundred dollars nor more
than two hundred dollars or not more than twenty hours of community service, or
both;
(3) For a third or subsequent offense, a fine of not less than two hundred
dollars nor more than five hundred dollars or not more than one hundred hours
of community service, or both.
§17F-1-9. Definition of
all-terrain vehicle.
As used in this chapter, "all-terrain vehicle" or "ATV"
shall mean any motor vehicle, fifty-two inches or less in width, having an unladen weight of eight hundred pounds or less, traveling
on three or more low pressure tires with a seat designed to be straddled by the
rider, designed for or capable of travel over unimproved terrain.
Brooke County Sheriff's Department
Sheriff Richard D Ferguson
Created by: T Jarrell