STATE POLICE WANT ATVS OFF PAVED HIGHWAYS

(11/16/2006)
With West Virginia leading the nation in the highest number of ATV deaths, and likely the highest number of ATV accidents, the West Virginia State Police are asking lawmakers to ban all-terrain vehicles from paved roads in the state.

Captain J. C. Chambers told lawmakers Monday that troopers believe the first thing that has to be done to address ATV problems is to get them off the road.

So far, legislators who have spoken publicly about the issue have said drivers need to be better educated.

In 2004, the WV Legislature extended the driving of the off-the-road vehicles to paved highways, mixing and matching the vehicles with cars and trucks.

The law allows ATVs to access most of the state's paved roads. Only 13,000 of the state's 34,000 thousand miles of highway have center lines. ATVs can legally run on paved roads without center lines. There is access on center-lined roads if the ATVs travel on berms.

ATV manufacturers have lobbied against their highway use, saying they are unstable and unsafe.

Captain Chambers made his comments to a legislative interim committee that is studying modifications to the state's two-year-old ATV law.

Lawmakers agreed to revisit the law after 40 people died in ATV accidents last year. This year's total so far is 52.

The State Police ATV committee wants the following changes to the law:

Mandatory helmets for all ATV riders. Only riders under 18 are now required to wear helmets.

Increased penalties for fleeing law enforcement, including mandatory jail time and impoundment of the ATV.

A requirement that all ATVs be titled and registered, and that all ATVs display registration stickers.

Increased penalties for second and third offense ATV law violations, including jail time and vehicle impoundment for third offense convictions.