NEW ATV LEGISLATION "OFF TRACK"

(02/28/2007)
West Virginians who have worried they might not be able to ride their four-wheelers on the state's paved highways, or even ride double, can rest a little easier.

The ATV Safety Bill has bogged down in the Senate, not likely to surface again with any real safety changes.

Legislation that would ban ATVs from most paved roads in the state has been taken off the track for passage.

At least two senators believe the bill goes too far, apparently using the logic to drop the safety bill.

President Earl Ray Tomblin, objected to a provision in the bill that restricts passengers on ATVs even on private property.

Tomblin called that an "infringement upon people's rights on their own property with their own vehicles."

The bill (SB509) was supported by ATV manufacturers, but not West Virginia riders.

It would have banned the machines from paved roads, limited riding on highway berms from 10 miles to 2 miles, but more importantly prohibited passengers on all but the few large ATVs made for more than one person to ride.

Tomblin expressed displeasure Monday about the possibility of committing a misdemeanor if he took his wife for a Sunday afternoon ride on private property.

Sen. Shirley Love, D-Fayette, made a similar argument, saying he gives friends rides while hunting.

West Virginia's current ATV law is confusing and police complain it is difficult to enforce. State Police have called for a total ban on paved roads.

Safety proponents and ATV manufacturers say the vehicles were not meant for riding on paved highways or for riding double.

One senator said, "In WV, mountaineers are always free to ignore the directions," even though the state leads the nation in ATV deaths and injuries.