Many times over the course of my seven years in the Legislature, I
have experienced pride and satisfaction as important legislation of
statewide value, bills I advocated, gained approval of the Legislature
and Governor. Nine times out of ten, seeing such legislation through to
passage is an arduous process, because controversy usually is present,
but it’s well worth the effort.
After seven years of debate, and repeated valiant but failed efforts to
reach the light of day, proposed all-terrain vehicle safety legislation
is once again surfacing.
Medical and child advocacy groups consider such legislation a major
priority. The statistics have been cited over and over, and every month
it seems there is another fatality to add to the list. At least 18 West
Virginians have died in all-terrain vehicle accidents this year. Only
two of the 18 people killed in ATV-related accidents between January
and September were known to be wearing a helmet, while five victims
were passengers, the Center for Rural Emergency Medicine reports. About
40 percent of ATV fatalities this year involved riders under the age of
18. All but six states have ATV safety rules on the books. With 150,000
residents who either own or ride ATVs, West Virginia leads the nation
in per-capita ATV deaths.
Safety advocates recommend that riders wear helmets, do not carry
passengers and do not drive the vehicles on paved surfaces. Some
opponents of ATV restrictions have resisted any restrictions on vehicle
use; others have agreed that children could be required to wear
helmets, but not adults. The House and Senate have adopted a variety of
bills containing a combination of safety measures, but none have been
successful.
This year, a joint House-Senate interim committee is working on a new
approach involving two separate safety bills with the hope that at
least one will prevail.
During the 2003 session alone, the House of Delegates passed two
different ATV safety bills. The first bill was adopted by the House
during the first week of session. That bill, which was very similar to
House legislation that died in 2002, included a requirement that anyone
under the age of 18 wear a helmet. All-terrain vehicles would not have
been permitted on lined roads, but exemptions were included for
trail crossings and special circumstances such as providing aid in
natural disasters or for special events. The legislation would not have
prevented counties or cities from adopting more restrictive ATV
ordinances.
But the Senate passed its own version, and the legislation went to
conference committee. Just a week prior to the end of the 2003 session,
the Senate voted to reject the conference committee’s compromise
legislation.
The House tried once more, cutting the ATV bill to include only the
requirements that riders of ATVs under the age of 18 wear helmets while
on public property, and that ATV drivers under the age of 18 complete a
safety course. The legislation was sent to the Senate on the final day
of the session, but the Senate did not vote on it.
Heading into the 2004 session, one bill being discussed would contain
restrictions related to children, while another would clarify where
ATVs can be driven.
The bill related to children would require helmets for riders and
passengers under the age of 18, require adult presence for night
riding, and phase in safety training and certification requirements to
limit child riders to ATVs that are built for children. Under the
proposed provisions, youths could carry child passengers only on
machines built for children. Parents who allow their children to
violate the proposed regulations would face misdemeanor charges. By
2005, the year all children would be required to complete training, the
Division of Motor Vehicles would also be required to offer free ATV
rider safety training and materials to ATV dealers to provide training
to potential purchasers.
The second bill would prohibit ATVs from being driven on paved roads,
but would exempt situations involving road crossings and farm or
commercial use. That way, ATVs drivers crossing from one field to
another or from one trail to another would be permitted to drive on
paved roads for as long as one mile.
While the need for ATV regulations rankles some who believe that these
are matters better left to the individual, statistics provide ample
proof that laws mandating safety measures save lives. And though
many people would prefer that common sense prevail, making the passage
of such legislation unnecessary, the majority of West Virginians now
recognize that it is time to address this issue before more lives are
needlessly lost.
I welcome and appreciate your input on these issues, or any other
legislative matter. Please call me at (304)340-3106 or write to
Delegate Virginia Mahan, 215-E, Capitol Complex, Charleston, WV 25305.