To supersede all ordinances that restrict atv’s on paved roads
Impact
If passed, HB 4853 will fundamentally alter the legal landscape governing the use of ATVs on public roads. Municipalities and county governments would no longer have the ability to enact or enforce ordinances that prevent ATV operation, which could lead to an increase in ATV traffic in areas previously designated as off-limits. This change could raise safety concerns within communities, particularly regarding traffic management and the coexistence of ATVs with traditional vehicles.
Summary
House Bill 4853 seeks to amend regulations concerning all-terrain vehicles (ATVs) in West Virginia by eliminating the authority of local governments—specifically municipalities and county commissions—to prohibit the operation of ATVs on streets and roads within their jurisdictions. The intent of the bill is to create a more permissive environment for ATV usage, reflecting a growing interest in recreational vehicle operations and the expansion of such activities in urban and suburban areas.
Sentiment
The sentiment surrounding HB 4853 is mixed. Proponents argue that the bill will benefit ATV enthusiasts and businesses related to outdoor recreational activities by expanding access and clarifying regulations. They perceive it as a boost to local economies and tourism. Conversely, critics express concerns about the potential for increased accidents and conflicts between ATVs and other vehicles, as well as the loss of local control over public safety ordinances, arguing that such decisions should retain local governance.
Contention
Notable points of contention surrounding the bill include discussions about public safety and local independence in regulating road use. Critics underscore that allowing unrestricted ATV use could compromise the safety of pedestrians and other road users, thereby elevating potential liabilities for local governments. Additionally, the elimination of local regulatory authority raises fundamental questions about the balance of power between state legislation and local governance, highlighting broader themes of community autonomy versus state oversight.
Prohibiting municipalities in their permitting from charging other government entities for rights of way within municipal boundaries that are at least fifteen feet above ground level at their lowest point