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Common Sense ATV Safety Strategies P.O. Box 9151 Morgantown , WV 26506 (304) 293-6682 www.wvucrem.org Provided by: West Virginia has an average
23 deaths per year from
January 2000 through December 2003 More than 95% of crash victims were not wearing a helmet. One-third of crashes involve
passengers. About 40% of crashes occur
on paved streets and roads. 24% of the deaths were
among children 16 years of
age and younger. 12% were
among men 65 years of age
and older. 22% of crashes involve alcohol or drugs. Current ATV Facts for West Virginia W EST V IRGINIA ATV
L AWS A Summary of... Never operate an ATV without proper training or
instruction.
Never carry a passenger
unless the ATV is meant for
more than one rider. Never use an ATV on public
roads and other paved surfaces.
Never use alcohol or drugs
when operating an ATV. Always wear an approved helmet and other protective gear. Children under age 16 should
not operate an ATV with an engine size greater than 90cc.
Parents and adults should be
role models for children. In 2004, the West Virginia S tate L egislature passed mandatory ATV regulations (WV C ode chapter 17F). This action was taken in response to West
Virginias nation-high ATV-related death rate.
Since 2000, ATV crashes have killed an average of
23 people per year in West Virginia, and injured
hundreds of others.
This brochure is not meant to be a detailed
explanation of state ATV laws, but to provide an
overview of what West Virginias new ATV laws
entail. Some common sense strategies for
staying safe while riding your ATV are also listed in
this publication. What is an ATV? An All-terrain vehicle or ATV shall mean any
motor vehicle fifty-two inches or less in width, hav-
ing an unladen weight of 800 pounds or less, trav-
eling on 3 or more low pressure tires with a seat
designed to be straddled by the rider,
designed for or capable of travel over
unimproved terrain. Roads and Highways No ATV may be operated in this state: On any interstate highway except by public safety personnel responding to emergencies. 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: The crossing is made at an angle of
approximately 90 degrees to the
direction of the highway and at a place where no obstruction prevents a quick and
safe crossing. The vehicle is brought to a complete stop before crossing the shoulder or main trav-
eled way of the highway. The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential
hazard. Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped. 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 Introduction
shoulder of any road, street or highway as long as
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.
Passengers No ATV may be operated in this state: With more than one passenger unless more
passengers are allowed under manufacturers
recommendations.
With a passenger under the age of 18, unless the operator has at a minimum a level 2 intermediate drivers license or its equivalent or is 18 years of age or older. Rider Safety No ATV may be operated in this state: Unless riders under the age of 18 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 (DOT) Federal
Motor Vehicle Safety Standard no. 218 or Snell safety standards for protective headgear for vehicle users. On and after January 1, 2005, no person under the age of 18 may operate an ATV without a certificate of completion of a vehicle rider safety awareness course as offered or approved by
the Commissioner of Motor Vehicles. Certificates of completion will be issued to
persons who satisfactorily complete the
requirements of an approved course.
The provisions of this section do not apply to the operation of an ATV 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. Equipment No ATV may be operated in this state: Anytime from sunset to sunrise without an
illuminated headlight or lights and taillights.
Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or
equivalent muffler in proper working order and
properly connected to the vehicles exhaust system. Local Government Authority The government of a municipality may regu- late in any manner or prohibit, by lawfully en-
acted ordinance, the operation of ATVs upon
any street, road or avenue within the munici-
pal corporate limits.
Homeowner associations may petition the county commission of the countyfor an ordinance to regulate or prohibit the operation of ATVs upon any street, road or avenue
within the area regulated by the homeowner association.
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 ATVs on any road in the
county, except interstate highways Penalties any person who violates the provisions of this article, municipal or county ordinance or
who owns or has control over an ATV 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 $100. Any parent, legal guardian or person who has actual responsibility for a child under 18 years
of age who knows or should have known the
child is operating or is a passenger on an ATV
without a helmet as required by the provisions
of this article is guilty of a misdemeanor and
shall, upon conviction, be subject to the fol-
lowing penalties: First offense: a fine of not less than $50, nor more than $100, or not more
than 10 hours of community service, or
both. Second offense: a fine of no less than $100, nor more than $200, or not more
than 20 hours of community service, or
both REMEMBER: Drivers of uninsured ATVs operating on the road are subject to driver license suspension!

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