(a) The Commissioner of Motor Vehicles shall offer a free all-terrain vehicle rider safety awareness course, and may approve other all-terrain vehicle rider safety awareness courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety awareness course materials to authorized dealers of all-terrain vehicles for use by purchasers and potential purchasers free of charge.
(b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles and other approved providers to issue the certificates of completion. The commissioner may authorize a state institution of higher education, which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, to issue the certificates of completion on behalf of the commissioner.
(c) No person under the age of eighteen 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.
(d) The provisions of subsection (c) 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 a person or entity which has in place a safety program.
(e) No state institution of higher education, which operates, owns, trains or promotes an all-terrain vehicle rider safety awareness course approved by the commissioner, 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.
Structure West Virginia Code
Chapter 17F. All-Terrain Vehicles
Article 1. Regulation of All-Terrain Vehicles
§17F-1-1. Acts Prohibited by Operator; Penalties for Violations
§17F-1-2. Safety Awareness Courses
§17F-1-3. Local Government Authority to Regulate
§17F-1-4. All-Terrain Vehicle Rental Dealers Required to Provide Safety Equipment
§17F-1-5. Private Property Exemption
§17F-1-6. Exemption for Farm, Commercial Use; Current Regulations
§17F-1-7. Applicability of Rules of Operation
§17F-1-9. Definition of All-Terrain and Utility Terrain Vehicle