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"RIGHTS" STILL CONNECTED TO ATV SAFETY BILL - Senate Bill Says Police Can Pursue On Private Land |
| (01/15/2003) |
| All-terrain vehicle safety legislation shouldn't be cluttered with restrictive amendments, lawmakers said yesterday, with both
the Senate and House bills headed for the floor. A bill requiring helmets for minors and training for those under 18 passed a
House of Delegates committee. Deep in the language of the Senate bill, the proposed law allows for pursuit by police officers on private land, described as a broad statement. Using ATV's in West Virginia State Parks was part of one bill, left to the discretion of the park manager. Failure of the bill in previous years was linked to various property rights issues. Some constitutionalists think "free reign" pursuit on private land could be misused by police, and are opposed to the language. The West Virginia Motorcycle and ATV Association supports the current bill, but doesn't want to see too many amendments. The bill passed Monday included several safety regulations when ATVs are driven on public property. All people under the age of 18 would have to complete a free ATV safety course offered by the Division of Motor Vehicles. The DMV could authorize ATV dealers to offer the course and distribute certificates of completion. In one bill, ATVs could not go on any paved roads with a center line marked, except when they are crossing the road, unloading an ATV or when going from one trail to another. The language in the Senate bill is confusing as to where operators can ride. All ATV riders under the age of 18 would have to wear a helmet. Those rules don't apply, however, when the ATV is operated exclusively on private lands owned by the rider or the private land of others with permission of the owner. House Government Organization Committee Chairman J. D. Beane says the private property issue has been the downfall of ATV legislation for nearly a decade. He says the House bill is aimed at keeping young drivers safe, while the Senate version appears more complicated.
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