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 driver’s 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 vehicle’s exhaust system.
Local Government Authority
• The government of a municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of ATVs upon any street, road or avenue within the municipal corporate limits.
• Homeowner associations may petition the county commission of the county…for 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 following 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!
Common Sense ATV Safety Strategies
• 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.
Current ATV Facts for West Virginia
• 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.
Hillbilly Lodge
101 Claude Drive
Man, WV 25635
ph: 304-583-6989
alt: 304-687-2084
darren_m
Hatfield-McCoy TrailRules
Hatfield-McCoy Trail Rules
Special Safety Requirements for Side-by-Side Utility Vehicles
A Summary of West Virginia ATV Laws
Obey all user rules (click here for the complete Hatfield-McCoy Trail Rules and Regulations Policy as passed into West Virginia State Law)
All trail users must have a valid Hatfield-McCoy Trail Permit. The user permit is to be affixed to the left side of user's helmet below the goggle line at all times. Users who wish to transfer permit to another helmet may do soin person at our administrative office Rt. 10 South, Rich Creek Road, Lyburn WV, 25632.
Everyone must wear a DOT, SNELL or other approved helmet and protective eyegear.
No passengers on any ATV unless the ATV is manufactured for the driver and a passenger.
No ATV over fifty (50) inches in width is allowed on the trail. See SPECIAL SAFETY REQUIREMENTS FOR SIDE-BY-SIDE UTILITY VEHICLES following the list of rules below.
No alcoholic beverages may be consumed or carried.
Obey all signs, gates, and barriers.
Stay on marked trails.
Only enter and exit the trail systems at a trailhead or town connector.
Do not enter a "no trail," "no entry" or gated area.
Drive or ride at a speed reasonable for conditions.
No person shall drive an ATV unless that person meets the minimum age recommendation specified by the ATV manufacturer for the ATV that is being driven.
Motorcycles and ATVs must have a properly functioning muffler and USFS approved spark arrestor.
Stop when signaled by a ranger.
Carry photo identification at all times.
Adult supervision is required for those under age 18.
Do not litter.
No fires.
No camping on the trails.
Trail system is open from sunrise to sunset.
SPECIAL SAFETY REQUIREMENTS FOR
SIDE-BY-SIDE UTILITY TYPE VEHICLE (UTV)
Side-by-side utility type vehicles operated upon the Hatfield-McCoy Trail System shall be subject to all of the safety rules and regulations of the Hatfield-McCoy Regional Recreational Authority and shall also be subject to the following safety rules specifically applying to side-by-side utility vehicles:
Follow all rules and regulations identified in UTV owner’s manual and rules and regulations listed below.
Utility Type Vehicles can only be operated on designated trails.
Easiest Trails (Green) - Approved.
More Difficult Trails (Blue) - Approved
Most Difficult Trails (Black) - Not approved.
Extreme Difficult Trails (Red Black) - Not approved.
Signage and Maps – Every intersection will be labeled with a sticker approving or disapproving each trail. Most difficult and extreme difficult trails will receive an 18x24 metal sign located at each intersection. This sign will have a UTV with a line through it and state NO SIDE-BY-SIDE/UTVs ALLOWED. Violators subject to $100.00 fine and impoundment of machine.
Machine Requirements
1. Machines may not be self-constructed or substantially modified from manufacturer’s specifications in the sole opinion of the executive director or designee.
2. Units must be equipped with a steering wheel from the manufacturer.
3. Units must be equipped with ROPS (Roll-Over Protection System) from the manufacturer.
4. Machines must be equipped with manufacturer seat belts and must be in good working order.
5. Low pressure tires required – Max 20PSI at manufacturer’s recommended inflation.
6. No machines above 855cc or 61HP allowed.
UTV Specific Rules
1. The number of passengers carried on a side-by-side - utility type vehicle shall be limited by the number of manufacturer installed seat belts.
2. All participants must abide by all of the manufacturer’s requirements regarding the age and size of operators and passengers. In addition, regardless of the manufacturer’s requirements, all passengers under the age of 16 must be able to reach grab bars and be able to place both feet on the floorboard, seated upright with their back against the seatback. All operators of side-by-side - utility type vehicles must be at least sixteen (16) years of age.
3. Any operator of a side-by-side - utility type vehicle must possess a valid driver’s license.
4. The driver and passengers of a side-by-side - utility type vehicle must:
· Wear seat belts at all times;
· Keep their hands, arms, feet, head and legs inside the vehicle at all times during operation;
· Wear a DOT or Snell approved helmet; and
· Wear eye protection at all times.
A SUMMARY OF WEST VIRGINIA ATV LAWS
Introduction
In 2004, the West Virginia State Legislature passed mandatory ATV regulations (WV Code chapter 17F). This action was taken in response to West Virginia’s 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 page is not meant to be a detailed explanation of state ATV laws, but to provide an overview of what West Virginia’s 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, having an unladen weight of 800 pounds or less, traveling 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 traveled 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 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.
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Copyright 2010 Hillbilly Lodge. All rights reserved.
101 Claude Drive
Man, WV 25635
ph: 304-583-6989
alt: 304-687-2084
darren_m
