http://www.register-herald.com/artic...ws/datvs21.txt

One of the most idiotic amendments I've ever seen added:

Overington's other amendment would impose fines of $50 to $100 on parents for first-time offenses of their children and the penalties would rise to $100 to $200 for a second violation, and $200 to $500 for a third.

Parents could also be ordered to perform up to 100 hours of community service for multiple infractions.

Sen. Jon Blair Hunter, D-Monongalia, inserted a provision so that only parents who knowingly allow a child to break the law are punished.

I can see it now---

PARENT: "No sir, officer, I didn't know little junior was out on the ATV even though he can't reach the keys by himself"

OFFICER: "Well, it's a good thing you didn't know because if you did I'd have to fine you. You're gonna have to keep a better eye out because this is the 5th time I've been up here."

Yeah, that'll teach 'em [img]i/expressions/face-icon-small-disgusted.gif[/img]

 

It's pretty sad when your representatives have nothing better too do than worry about an atv law. I bet if if the federal gov't would offer an "incentive" (blackmail) too get a bill passed, this would have been done a long time ago. Somehow.....atvers will have an additional cost in the end.

 

When you're leading the nation every year in ATV deaths and are one of 6 states without legislation the lawmakers MUST worry about an atv law! The issues in this state only provide that much more firepower for the people and groups that would rather see ATV's go away entirely (remember the 3-wheeler?).....and that affects EVERY atv rider out there.

I do agree with you on the "incentive", I have no doubt this would have been taken care of by now.

Below is the letter I have sent to my local representatives in the state government (and let's now turn this into an English lesson! It's kind of rambling but bear with it)
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Dear Representatives,

I just wanted to write and express my thoughts on the on going battle over ATV legislation.

I am an avid outdoorsman and ATV rider who acts responsibly and wears the proper safety gear in whatever I do.

I would sincerely like to see a law (or laws) passed requiring helmet use and training certification for riders under 16 yrs old. I do not, however, wish to see laws so restrictive on how, where and when I can ride that it will force me to contemplate selling my ATV!

There's far too much power grabbing going on in the ATV issue and I'd hate to see one of the best things this state has going for it to be neutered. Certain organizations would like to see ATV's go away entirely while other groups won't commit to sensible negotiations over helmet use and still others that wish things would stay exactly as they are now.

As Sam Love said, not everyone has a Hatfield/McCoy trail in their back yard. I have rode those trails and think they are great...but it also takes me at least an hour to get there. The trail system has been a great economic boost for areas that have been hit hard by the lessening of coal money.

The issue at hand is personal responsibility and providing a means of convincing people to act and be responsible for their actions. Allowing a provision as proposed by Sen. Jon Blair Hunter of only fining parents who knowingly allow their child to break the law is completely baffling to me. How many parents do you know that would actually fess up to knowing their child was breaking the law when they know they'll get fined for it? I don't know many.

I don't want to see anyone get hurt or killed simply because they don't wear a helmet....we have a helmet law for motorcycles, why are ATV's so different? I've yet to hear of an incident where wearing safety equipment has caused an injury!

I appreciate the passion that has been shown by both sides of the issue but the state can not pander to either side any longer! Safety legislation is a must, note I said safety legislation. The ATV manufacturers provide safety regulations for their respective machines, use that to back up our state's direly needed safety legislation.

Has the state looked at any of the other 40-plus states that have ATV laws for any guidance? Why not take advice from them as to the good, the bad and the ugly of creating SENSIBLE laws? Has the state invited any of the ATV manufacturers to provide their thoughts? The ATVA? The AMA?

Let's get some legislation that will make West Virginia the envy of all other states and the model for proper, sensible and intelligent lawmaking.

 

Excellent letter...and I agree 100%. Leading the nation in deaths does raise some eyebrows, but WV also leads the nation in atv sales and # per capita that owns an atv......so why should the deaths number be such a shock? Some type of law will be passed I am sure....but with no one too enforce them why does it matter anyway? Bottom line is lawmakers get a warm and fuzzy feeling after laws are passed and nothing changes.

 

Amen Gary! That warm, fuzzy feeling is what everyone is looking for.....

I guess the deaths raise eyebrows because certain organizations (both for and against ATV's) won't cowboy up on the facts of the issue.....it's the same lines as the gun issues....ATV's don't kill people, people kill people.

One group wants iron-fist rules governing ATV's (CPSC) while the other doesn't want to rock any dues payer's boat (ATVA/AMA)----or at least that's how I see it.

 

Did you see the atv safety hearing aired on the news about a week ago (I am your neighbor BTW)? The CPSC was there and their opinion was that atv's are very unsafe and should be banned altogether......not laws more safety oriented, but banned altogether. These people are extremists and will take everyones right too own and operate atv's if we stand by and do nothing.

 

Another article Here

ATV bill split to aid passage

Child safety is the focus of one, other would restrict use on roads

By Scott Finn
STAFF WRITER

Supporters of new all-terrain vehicle regulations have split their proposed bill into two parts to increase chances the Legislature will pass at least one.

One bill focuses just on child safety, while the other prohibits ATVs on paved roads, with several exceptions. Both were debated during legislative interim meetings Monday evening.

West Virginia is one of six states without ATV regulations.

Sen. Larry Rowe, D-Kanawha, said he hoped both bills would pass, but he would hate to see the child safety provisions get lost in another debate over standards for adults. He supported splitting the legislation into two bills.

West Virginia has the highest per capita death rate involving ATVs. The Legislature has defeated safety regulations for the last seven years. Last year, ATV accidents killed a record 27 West Virginians, one-fourth of them children under 16. Ninety percent of those killed were not wearing helmets.

The child safety bill would require all ATV riders under 18 to wear a helmet, ride a machine that’s the appropriate size for them and complete a safety course approved by the Division of Motor Vehicles.

Younger riders would not be allowed to ride after dark unless accompanied by a parent or guardian, they would face a speed limit of 20 mph, and they would need the written permission of any landowner who posts or fences the property.

Parents who allow their children to ride without a helmet could be fined up to $100 for a first offense, rising to $500 after three offenses, and be required to perform community service.

The safety training would become mandatory by 2005. No child or teen could ride an ATV legally without completing a course.

Children would be allowed to keep larger, adult-size machines they already own, but smaller children would have to buy and operate smaller machines in the future.

Lawmakers had a harder time crafting regulations for adults. Most controversial is whether ATVs should be allowed on paved roads, and under what circumstances.

Current laws are ambiguous about which roads ATVs are allowed on. ATV manufacturers do not recommend the vehicles be used on paved roads. But many ATV riders say they need to ride paved roads for short distances to get from field to field or trail to trail.

The judiciary subcommittee began with a bill that banned ATVs from all paved roads, with a couple of big exceptions. ATVs used for farming or other commercial enterprises can ride on paved roads for distances up to 25 miles.

On main roads, those ATVs would have to display large “slow-moving vehicle” signs, like farm tractors do.

Originally, the bill had an exception for any ATV rider to ride up to 25 miles on a paved road “for the sole purpose of getting from one trail, field or area of operation to another.”

Rowe said that exception could invalidate all the other regulations regarding ATVs on roads, including allowing ATVs on Kanawha Boulevard in Charleston.

In the end, subcommittee members voted to limit that exception to 1 mile instead of 25, a move that is likely to upset some ATV supporters in the Legislature

 

Lawmakers reset ATV ride for Nov.

By Mannix Porterfield/register-Herald Reporter

CHARLESTON - Concerns voiced over ethics and liability led House Speaker Bob Kiss to pull the plug Tuesday on a planned all-terrain vehicle ride by lawmakers along the Hatfield-McCoy Trail.

Actually, the questions raised by Kiss, D-Raleigh, were ironed out, but not in time to carry out the planned afternoon foray into the Boone County, it was announced.

Instead, members of Government Organization Subcommittee C plan to visit a portion of the 400-mile trail snaking through Mingo, Logan and Boone counties during the November interims session.

"We'll try to get all our ducks in a row by then," the panel's chairman, Delegate Ernie Kuhn, D-Logan, told members.

Kuhn advised members to don long pants, long-sleeve shirts and boots if they intend to get aboard four-wheelers for the fact-finding mission.

Lawmakers had planned the visit as a means of getting an up-close and personal look at how ATVs operate, before deciding if, and how, to regulate the controversial recreational vehicles. Of late, the panel has considered working on its own safety proposal.

In a two-hour session Monday night, Judiciary Subcommittee A shipped out two separate bills to its main committee.

One deals directly with child safety, insisting on helmets and special training, and would impose fines on adults who knowingly let minors violate its provisions.

A second bill focuses on the location - just where ATVs may be driven - and lawmakers agreed to ban them from all paved roads.

Farmers and commercial users are given a 25-mile exemption when moving from one field to the next, but ordinary users are allowed only 1 mile on pavement to reach subsequent trails on an outing.

 

Hey Rook I will vote for ya for president. ROOK FOR PRESIDENT! That was a smokin letter though dude. You are gonna blow your image if dont watch it.

 

I wouldn't worry to much about this legislation. At best they'll pass a helmet law for kids this year. But of course it's needed. Rook, once Wyoming county opens, HM will be in your back yard won't it?