As a rural area, all-terrain vehicles (ATVs) and utility-terrain vehicles (UTVs) are very popular in West Virginia. These vehicles range from four-wheelers meant for one to two riders to side-by-sides, which can carry upwards of six or more people. For the purposes of this column, the term “ATV” will refer to both ATVs and UTVs.
These ATVs can be extremely utilitarian and helpful at farms, hunting camps, and even for plowing snow around a house or business. However, ATVs can also be very dangerous.
According the United States Consumer Products Safety Commission, from 1982 to 2017, West Virginia ranked second in the nation in ATV related deaths. Only Texas had more ATV related deaths during that span. In that time period, 795 West Virginians died resulting from ATV related accidents. Texas had 831 such deaths. However, Texas has a population of 29.4 million while West Virginia has a population of 1.8 million. Per capita, it is easy to see that West Virginia significantly outpaces Texas in this grim statistic.
The West Virginia University Center for Rural Emergency Medicine also keeps statistics on ATV related accidents in the state. Not surprisingly, 95% of ATV crash victims were not wearing helmets at the time of their crashes and 40% of ATV crashes occur on paved streets. State law prohibits ATV operators from carrying passengers unless the ATV was designed to do so. Under W.Va. Code § 17F-1-1 et seq., it is illegal to operate ATVs on interstate highways except by safety personnel responding to emergencies.
Also, ATVs cannot be operated on “any road or highway with a center line or more than two lanes except for the purpose of crossing the road…” Any such road crossing must be made at an angle of approximately ninety degrees to the direction of the road. If it is between sunset to sunrise, headlights and taillights must be illuminated. An ATV may be operated on road shoulders, excepts for interstate highways, for not more than ten miles to travel between a residence or lodging and off-road trails, fields and areas of operation. There are exemptions for private property, farm and commercial use. As of 2005, ATV operators are required to complete a vehicle rider safety awareness course unless the ATV is operated on private property.
All ATV operators under the age of 18 must wear a helmet. Criminal penalties are possible for violations of state ATV laws.
Under recently passed Senate Bill 690, codified in W.Va. Code § 17A-13-1, ATVs and other “street-legal purpose vehicles” can now be operated on roads with center lines (for not greater than twenty miles), other than interstate highways, if the vehicles are properly outfitted, inspected, registered, and fully insured. To be inspected, the vehicle must be trailered to the inspection station. This new law came about with increased popularity and use of the Hatfield-McCoy Trail Systems, which encompasses over 1,000 miles of ATV trails in nine southern counties. For more information, go to www.trailsheaven.com.
For more detailed information about state ATV laws, please review the aforementioned code sections and remember to drive and ride these vehicles safely. If a reader has a particular law or legal issue they would like to see addressed in this column, please feel free to e-mail me at giggenbachlaw@gmail.com.
