North Vs. South on Regulation of ATVs (West Virginia)
By JOSELYN KING, The Intelligencer - Wheeling News Register
July 6, 2007
WHEELING — A battle may be brewing between lawmakers in the northern and southern parts of the state over regulation of all-terrain vehicles.
Local lawmakers see the lifestyle of southern West Virginians as a major obstacle when it comes to regulating ATVs. They also doubt that stricter ATV laws can be passed in West Virginia, despite the large number of ATV-related deaths here in recent months.
It’s not that there haven’t been attempts at legislation, according to state Sen. Andy McKenzie, R-Ohio. A bill co-sponsored by McKenzie, state Sen. Ed Bowman, D-Hancock, and four other senators failed to come to a vote during this year’s regular legislative session.
The bill would have prohibited operation of an ATV on paved roads or highways. It also would have made it illegal to have more than one rider on an ATV not designed to carry multiple people.
Legislators from the southern part of the state — some within the Senate leadership — are opposed to regulating ATVs.
“In southern West Virginia, many use ATVs as their primary mode of transportation,” McKenzie said. “They drive them from home to work and shopping and run them in downtown streets. It’s definitely a different lifestyle.
“This is very difficult to overcome in passing legislation, especially when the Senate and House leadership are from southern West Virginia.”
That view was echoed by a House of Delegates member .
“All of us want to see stronger ATV legislation, but it’s tough to get it through,” said Delegate Jack Yost, D-Brooke. “In the southern part of the state, they rely on ATVs more — especially for farming and tourism.
“It’s tough to pass anything that touches ATVs,” he added.
State Sen. Jeff Kessler, D-Marshall — chairman of the Senate Judiciary Committee — added that the legislation that failed included a provision exempting ATV riders on the popular Hatfield- McCoy Trail throughout Southern West Virginia from regulation.
“It worked its way through the Senate process once, then they pulled it off the rules calendar,” Kessler said. “If there’s no appetite for it, I’m not running it through committees if there is no chance of it passing.
“The core opposition is coming from the southern part of state,’’ he noted.
West Virginia officials estimate there were 53 ATV-related deaths in the state last year — the most per capita of any state. Officials estimate the number because there is no statewide system of reporting ATV accidents.
Gov. Joe Manchin has directed the state Department of Homeland Security and Emergency Affairs to gather information regarding the primary causes of ATV deaths in the state.
“The approach is for us to first accumulate data regarding the accidents,” Kessler said. “For instance, this will tell us where they were riding and if they were riding on a paved road, how many were caused by tip-overs and how many were wearing helmets or not.”
McKenzie added that while past legislation has established some fines and penalties regarding improper use of ATVs, “none has gone far enough to enforce ATV use.”
“We have had an average of 40 deaths a year, let alone the number who have been harmed,” he said. “The Legislature absolutely needs to step up and educate people more about the proper usage of ATVs.”
McKenzie predicts more legislation will be introduced, but he expects it to meet more roadblocks.
“Not enough people have died yet for us to pass ATV legislation,” he said. “One day, there will be public support for it.
“For now, it’s not a popular stand,” he continued. “Unfortunately, ATVs are hurting and killing too many people in West Virginia. Unless it’s a loved one, people are not going to be supportive.”
McKenzie added that while he doesn’t support the taxation of ATVs, he does believe one should be required to have a driver’s license to ride one. That currently isn’t a requirement in the state.
“Unfortunately, you can’t legislate stupidity,” he said. “People need to realize ATVs are heavy equipment and they can be killed on them. That’s the most important thing.”
Article Reference: North Vs. South on ATVs | The Intelligencer / Wheeling News-Register
July 6, 2007
WHEELING — A battle may be brewing between lawmakers in the northern and southern parts of the state over regulation of all-terrain vehicles.
Local lawmakers see the lifestyle of southern West Virginians as a major obstacle when it comes to regulating ATVs. They also doubt that stricter ATV laws can be passed in West Virginia, despite the large number of ATV-related deaths here in recent months.
It’s not that there haven’t been attempts at legislation, according to state Sen. Andy McKenzie, R-Ohio. A bill co-sponsored by McKenzie, state Sen. Ed Bowman, D-Hancock, and four other senators failed to come to a vote during this year’s regular legislative session.
The bill would have prohibited operation of an ATV on paved roads or highways. It also would have made it illegal to have more than one rider on an ATV not designed to carry multiple people.
Legislators from the southern part of the state — some within the Senate leadership — are opposed to regulating ATVs.
“In southern West Virginia, many use ATVs as their primary mode of transportation,” McKenzie said. “They drive them from home to work and shopping and run them in downtown streets. It’s definitely a different lifestyle.
“This is very difficult to overcome in passing legislation, especially when the Senate and House leadership are from southern West Virginia.”
That view was echoed by a House of Delegates member .
“All of us want to see stronger ATV legislation, but it’s tough to get it through,” said Delegate Jack Yost, D-Brooke. “In the southern part of the state, they rely on ATVs more — especially for farming and tourism.
“It’s tough to pass anything that touches ATVs,” he added.
State Sen. Jeff Kessler, D-Marshall — chairman of the Senate Judiciary Committee — added that the legislation that failed included a provision exempting ATV riders on the popular Hatfield- McCoy Trail throughout Southern West Virginia from regulation.
“It worked its way through the Senate process once, then they pulled it off the rules calendar,” Kessler said. “If there’s no appetite for it, I’m not running it through committees if there is no chance of it passing.
“The core opposition is coming from the southern part of state,’’ he noted.
West Virginia officials estimate there were 53 ATV-related deaths in the state last year — the most per capita of any state. Officials estimate the number because there is no statewide system of reporting ATV accidents.
Gov. Joe Manchin has directed the state Department of Homeland Security and Emergency Affairs to gather information regarding the primary causes of ATV deaths in the state.
“The approach is for us to first accumulate data regarding the accidents,” Kessler said. “For instance, this will tell us where they were riding and if they were riding on a paved road, how many were caused by tip-overs and how many were wearing helmets or not.”
McKenzie added that while past legislation has established some fines and penalties regarding improper use of ATVs, “none has gone far enough to enforce ATV use.”
“We have had an average of 40 deaths a year, let alone the number who have been harmed,” he said. “The Legislature absolutely needs to step up and educate people more about the proper usage of ATVs.”
McKenzie predicts more legislation will be introduced, but he expects it to meet more roadblocks.
“Not enough people have died yet for us to pass ATV legislation,” he said. “One day, there will be public support for it.
“For now, it’s not a popular stand,” he continued. “Unfortunately, ATVs are hurting and killing too many people in West Virginia. Unless it’s a loved one, people are not going to be supportive.”
McKenzie added that while he doesn’t support the taxation of ATVs, he does believe one should be required to have a driver’s license to ride one. That currently isn’t a requirement in the state.
“Unfortunately, you can’t legislate stupidity,” he said. “People need to realize ATVs are heavy equipment and they can be killed on them. That’s the most important thing.”
Article Reference: North Vs. South on ATVs | The Intelligencer / Wheeling News-Register
