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355.01 DEFINITION OF ALL-TERRAIN AND UTILITY VEHICLE.
   (a)   As used in this article:
      (1)   "All-terrain vehicle" or "ATV" means any motor vehicle, designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger.
      (2)   "Utility terrain vehicle" means any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control.
      (3)   "Motorcycle" means any motor vehicle manufactured with no more than two wheels and having a seat or a saddle for the use of the operator.
      (4)   "Off-highway vehicle" means a vehicle intended for off-highway use and includes all-terrain vehicles, utility-terrain vehicles, motorcycles and off-road vehicles;
      (5)   "Off-road vehicle" means a vehicle that is suitable for off-road use. It includes a four-wheel drive vehicle such as a Jeep, pickup or sport utility vehicle. It also includes a specially designed, modified or customized off-road vehicle that is of a similar size to a vehicle manufactured for highway use.
   (b)   As used in this article, "all-terrain vehicles" and "vehicle", or the plural, mean all-terrain vehicles, utility-terrain vehicles, motorcycles and off-highway vehicles. (WVaC 17F-1-9)
355.02 ACTS PROHIBITED BY OPERATOR.
   (a)   No all-terrain vehicle may be operated in this Municipality:
      (1)   On any interstate highway except by public safety personnel responding to emergencies;
      (2)   On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:
         A.   The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
         B.   The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
         C.   The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
         D.   Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;
      (3)   With more than one passenger unless more passengers are allowed under manufacturers’ recommendations;
      (4)   With a passenger under the age of eighteen, unless the operator has at a minimum a level of two intermediate driver’s license or its equivalent or is eighteen years of age or older;
      (5)   Unless riders under the age of eighteen are wearing size appropriate protective helmets that meet the current performance specifications established by the American National Standards Institute Standard z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell safety standards for protective headgear for vehicle users;
      (6)   Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
      (7)   Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle’s exhaust system; or
      (8)   Unless operating in compliance with the provisions of Section 355.03.
   (b)   An all-terrain vehicle may be operated upon the shoulder, or as far to the right on the pavement as possible when there is not enough shoulder to safely operate, on any road, street or highway referred to in subsection (a)(2) of this section other than an interstate highway for a distance not to exceed ten miles to travel between a residence or lodging and off-road trails, fields and areas of operation, including stops for food, fuel, supplies and restrooms, if:
      (1)   The vehicle is operated at speeds of twenty-five miles per hour or less; and
      (2)   The vehicle is operated at any time from sunset to sunrise the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
   (c)   Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or highway of this Municipality as contemplated by the provisions of Section 355.07.
   (d)   Notwithstanding any provision of this article to the contrary, the Municipality may authorize the operation of all-terrain vehicles on certain specified roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, in emergencies or for specified purposes.
(WVaC 17F-1-1)
355.03 SAFETY AWARENESS COURSES.
   (a)   On and after January 1, 2005, no person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider awareness course as offered or approved by the Commissioner of Motor Vehicles.
   (b)   The provisions of subsection (a) of this section 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 any person or entity which has in place a safety program.
(WVaC 17F-1-2)
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