ATV safety law dies in committee

STAFF WRITER

WILLIAMSON, W.Va. - A proposed all-terrain vehicle safety law that many worried would cause problems for towns with connectors to the Hatfield-McCoy Trails System failed to make it out of a West Virginia Legislature interim committee Sunday.

The committee rejected the proposed ATV safety bill by a narrow margin of six to five. If it had passed, the bill would have been up for consideration when the legislative session begins tomorrow.

The bill would have prohibited anyone under 18 from riding ATVs on paved roads; allowed all counties to regulate ATV use; prohibited any passengers on ATVs unless the manufacturer allows them and created an ATV incident form for police to use when gathering information about accidents.

The proposed legislation came about after a record 40 people died in ATV-related accidents in 2005. Last year's ATV death toll far surpassed that number with 54 people dying in ATV wrecks in West Virginia.

Law enforcement officials are looking for a way to control the number of ATV-related fatalities. If the law had passed, it would have caused problems for municipalities in southern West Virginia that have connectors to the HMTS. Many of these municipalities have ordinances in place that allow ATV riders to use their machines on paved roads when they need to visit restaurants and stores. State law overrules city ordinances, so there would have no recourse for municipalities unless legislators made an exception for HMTS connectors.

Four of Mingo County's five municipalities have HMTS connectors and while law enforcement officials are faced with record numbers of fatalities occurring away from the HMTS, only two fatalities have occurred on the trails system in its near seven-year existence.

In addition to the economic problems the proposed bill would have caused municipalities with HMTS connectors, some law enforcement officials believe the law would be hard to enforce.

Mingo County Sheriff Lonnie Hannah said yesterday that catching ATV riders who break the law is tough because ATVs can go where police cruisers cannot.

“One of the biggest things we have is a no pursuit policy on these things,” Hannah said.

Hannah believes that when it comes to safety, education and training is a major factor.

“I don't have a solution (to the high death rate) except educating riders more,” Hannah conceded. “Riders should not try to ride in areas or on trails that are harder than what they are used to handling.”

Hannah believes that the safety measures required by the Hatfield-McCoy Regional Recreation Authority have gone a long way in preventing fatalities and that riders not taking advantage of the trails system should practice similar measures whenever they ride ATVs.

“There are thousands of ATVs (in West Virginia) not registered for the Hatfield-McCoy Trails System and aren't ridden on the trails,” he said.

One ATV bill that may see the light of day during this legislative session would require permits and the registration of all ATVs. According to the proposal, all ATV riders would have to carry an off-road permit card and register their machines with the state Division of Motor Vehicles by Oct. 1, 2008.

Permits would cost $30 and be valid for three years. If the bill passes, DMV officials will decide whether to require a license plate or decal will be required for each legally registered ATV.

“Those would be good so we can identify the owners,” Hannah said of the license plates or decals. “Even though we may not know who is actually riding the four-wheelers. It's kind of like apples and oranges any way you look at it.”