(A) No person under the age of 18 may operate an all-terrain vehicle without a certificate of completion of a vehicle rider safety awareness course as offered or approved by the Commissioner of Motor Vehicles as identified in W. Va. Code 17F-1-2. The provisions of this division (A) do not apply to the operation of an all-terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by a person or entity which has in place a safety program.
(B) No state institution of higher education which operates, owns, trains, or promotes an all-terrain vehicle rider safety awareness course approved by the Commissioner of Motor Vehicles, pursuant to this section, is liable for personal injuries to, or for the death of, a rider that may occur during an approved all-terrain vehicle rider safety awareness course, unless an employee or agent of the State Institution of Higher Education’s acts or omissions are with malicious purpose, in bad faith, or undertaken in a wanton or reckless manner.
(Ord. passed 5-11-2021) Penalty, see § 71.999