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Post by Administrator on Feb 17, 2002 23:56:31 GMT -5
AP News Subcommittee reports: Honey, I Shrunk The ATV Safety Bill By GAVIN McCORMICK Associated Press Writer CHARLESTON, W.Va. (AP) -- In its third try at crafting a safety bill for all-terrain vehicles, a House Judiciary subcommittee on Friday passed a bare-bones version. The move came a day after the full Judiciary Committee rejected an earlier subcommittee report that mandated helmets be worn by all ATV riders except farmers. The most recent version would require only that children under the age of 16 wear helmets. Asked why the measure was weakened, an exasperated subcommittee chairman Dale Manuel, D-Jefferson, said, "I'm trying to do everything I can to get some safety regulation on the books. That's why I compromised down to 16." West Virginia has the nation's highest per capita ATV-related death rate. The Legislature has tried and failed to pass ATV safety laws for three straight years. Delegate Richard Thompson, D-Wayne, a staunch bill opponent, voted against the measure Friday, but only because he hadn't had a chance to read it. Virtually all of the safety measures Thompson and other bill foes say are unneeded government intrusions, including the helmet requirement for adults, have been stripped from the latest version. Gone is language that would have required ATV riders to obtain consent from land owners before driving on their property. Other safety provisions -- banning passengers, allowing county commissions to control ATV use on county roads, banning use in state parks and requiring ATV sellers to provide training -- had been cut from previous versions. In its current form the bill (HB4053) would restrict ATV use only on interstates and major state roads. Cities and towns would retain power to limit use in their jurisdictions. Nine West Virginia municipalities have banned use of the vehicles on public streets.  |
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Post by jdevol on Feb 22, 2002 12:27:22 GMT -5
Howdy All,
The WV "ATV bill" ain't dead yet, but its got 4 flat tires and a fouled spark plug! ;D
The subcommittee has met for a 4th time and reduced the original 6 page bill down to 1 page that reads as below. The full committee has met several times but has not put the bill on the agenda. We don't think it will pass (even though we can now live with it) if they do allow a vote on it.
Congratulations are still premature, but I want to thank ya'll from the "Tarheel" for your interest and help in opposing this bill. I'll post again when something else happens regarding the bill.
Thanx
Jeff
Judiciary Subcommittee on ATV Safety [HB4053] draft #4
February 20, 2002
The Committee on the Judiciary moves to amend the bill on page two, line nine, following the enacting clause, by striking the remainder of the bill and inserting in lieu thereof, the following:
That chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article twenty-four, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD
ARTICLE 24. ALL-TERRAIN VEHICLES.
§17C-24-1. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated on any improved surface shoulder or any paved road surface in this state that has a centerline marking which depicts the center of the road and indicates whether vehicles may or not pass another vehicle, except to the extent necessary to cross that road by the most direct route.
(b) No all-terrain vehicle may be operated by any person under the age of eighteen, unless he or she is wearing a protective helmet. Persons required to wear a helmet must wear a 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.
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Post by Administrator on Feb 22, 2002 21:05:12 GMT -5
We WIN!!! ;D WE WIN!!!! ;D Thanks Jeff!! Let us know if PATVA can be of service to or neighbors in WV again!! Congratulations!! ;D ;D ;D
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Post by jdevol on Feb 25, 2002 17:27:19 GMT -5
Charleston Daily Mail
--------------------------------------------------------------------------------
Committee passes ATV bill
Bill would require
those under 18
to wear helmets
Sam Tranum <samt@dailymail.com>
Daily Mail Capitol reporter
Monday February 25, 2002; 12:45 PM
The House Judiciary Committee passed a stripped-down all-terrain vehicle safety bill today that contained just two provisions.
If the bill becomes law, ATV riders under 18 would be required to wear helmets. All riders would be barred from taking their ATVs onto roads with lines painted down the middle, unless they're just crossing.
"The people I represent can live with this legislation," said Sam Love, who represents the West Virginia Motorcycle and ATV Association.
A subcommittee charged with writing ATV legislation this session brought a more comprehensive bill back to the Judiciary Committee earlier in the session.
The committee refused to accept the report, committee vice chairman Dale Manuel, D-Jefferson, said.
On its second try, the subcommittee offered up what Delegate Jody Smirl, D- Cabell, called a "little bitty bill." It's a single page of text.
Delegate Tom Coleman, D-Marion, said he had urged the committee to reject the subcommittee's proposed ATV regulations the last time around.
"Let it come to the full committee where we can deal with it and hopefully put a stake in its heart," Coleman said today. "The committee, frankly, is fed up with ATV legislation."
The committee voted to accept the subcommittee's report. Members decided to support an amendment from Delegate Sharon Spencer, D-Kanawha.
Under the provision, farmers would be allowed to ride ATVs on roads except interstates, U.S. routes and state primary numbered roads. The idea is to allow farmers to ride ATVs between different sections of their farms, she said.
With the amended bill in front of the committee, Delegate Rick Thompson, D- Wayne, said he would oppose the bill because it did not contain any penalties.
Not true, said Manuel, a proponent of the bill. The bill would impose existing misdemeanor penalties for traffic violations on ATV violations.
Delegate Virginia Mahan, D-Summers, called the bill "a beginning, a start, toward what we should have done years ago."
"This is not a bill that's aimed at eliminating a form of recreation that I think is fun and useful," she said.
Delegate Barbara Fleischauer, D-Monongalia, also spoke in support of the bill.
"I'm glad to see us moving a little bit into enlightenment," she said. "We're talking about fatalities; we're talking about kids and broken necks."
Committee members voted 13-9 to report the bill to the full House.
Voting against the bill were Delegates Kevin Craig, D-Cabell, Randy White, D- Webster, Mike Caputo, D-Marion, Tom Coleman, D-Marion, Rick Thompson, D-Wayne, Dave Pethtel, D-Wetzel, Bill Stemple, D-Calhoun, John Pino, D-Fayette, and Dale Riggs, R-Upshur.
The previous version of the ATV bill passed out of subcommittee was much broader. It included provisions requiring ATV riders to get permission from a private landowner before riding on his or her property.
It would have banned ATVs from areas managed by the Division of Natural Resources. It would have given counties the authority to ban ATVs from smaller state roads and cities the power to ban ATVs from city streets.
Writer Sam Tranum can be reached at 348-5149.
© Copyright 2002 Charleston Daily Mail -- Privacy policy -- Send Web site feedback or a Letter to the Editor
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Post by Administrator on Feb 25, 2002 21:51:45 GMT -5
Jeff, Let us know how it fairs in the full house. If it passes maybe the ATV issues will calm down. This version is not really bad. The road issue is kinda silly but I can live with it. As long as you have a drivers licence I would think you should be able to ride on secondary roads weather you are a farmer or not. I can live with it though.  |
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Post by Administrator on Feb 27, 2002 22:26:22 GMT -5
Here is the final version of WV's HB 4053:
COMMITTEE SUBSTITUTE
FOR
H. B. 4053
(By Delegates Manuel, Mahan, Spencer, Fleischauer,
Schadler and Smirl)
(Originating in the Committee on the Judiciary)
[February 26, 2002]
A BILL to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-four, all relating to all-terrain vehicles; prohibiting operating all-terrain vehicles on certain state roads and providing exceptions thereto; requiring wearing of helmets on all-terrain vehicles by all persons under the age of eighteen; and establishing specifications for the helmets.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twenty-four, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 24. ALL-TERRAIN VEHICLES.
§17C-24-1. Prohibited acts by operator.
(a) No all-terrain vehicle may be operated on any improved surface shoulder or any paved road surface in this state that has a centerline marking which depicts the center of the road and indicates whether vehicles may or not pass another vehicle, except to the extent necessary to cross that road by the most direct route: Provided, That when the vehicle is being utilized for a farming activity, the all-terrain vehicle may be ridden on any paved road, except for interstate, U.S. route or state primary numbered roads, except to the extent necessary to cross a U.S. route, or state primary numbered road by the most direct route.
(b) No all-terrain vehicle may be operated by any person under the age of eighteen, unless he or she is wearing a protective helmet. Persons required to wear a helmet must wear a 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.
My biggest question is regarding the "farmer" issue. Does this allow us to use haul roads?
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Post by Administrator on Mar 8, 2002 5:52:11 GMT -5
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Post by Saw2th on Mar 14, 2002 14:06:08 GMT -5
great job in all you did! I hope in some small way we've helped enlighten the legislators as to the problems with this bill, but I agree with the idea that if people won't respect others property and be safe, then legislate it. Let's all continue our encouragement to others and be good examples of respect and safety.
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Post by InstaGator on Mar 22, 2002 17:06:01 GMT -5
I would like to think it was all of our interest in this that gave it so much attention. A lot of the congressman are avid ATVers and did not want to see this bill go thru. Maybe they will help keep this at arms reach and not be required because we do try to ambassador to those around us who we see not respecting the rights of land owners or places we love to dearly ride. Lets keep up the pressure as much as possible.
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