Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-36-5 - Drivers and passengers Using Cabwaylingo State Forest Trail System5.1. Every person operating a motor vehicle within the Cabwaylingo State Forest Trail System is subject to all the duties applicable to the driver of a motor vehicle by the provisions of W. Va. Code § 17C-1-1et seq., except where inconsistent with the provisions of this rule and except as to those provisions of W. Va. Code § 17C-1-1et seq. which by their nature can have no application and may not operate a motor vehicle in violation of those duties.5.2. A person may not operate or ride in a utility terrain vehicle, as defined in W. Va. Code § 17F-1-1et seq. or any other motor vehicle with bench or bucket seating and a steering wheel for control unless equipped with seat belts meeting a minimum federal motor vehicle safety standard and properly worn by the driver and all passengers.5.3. All persons operating or riding upon an ATV, UTV, or motorcycle as defined in W. Va. Code § 20-15-1et seq. shall follow the manufacturer's recommendations for that vehicle relating to age and size limitations for operators and passengers.5.4. Every person within the Cabwaylingo State Forest Trail System who is under 16 years of age shall at all times be under the immediate supervision of, and within sight of, a person who is at least 18 years of age and who either is a parent or guardian of the youth or has the express permission of a parent or guardian to supervise the youth. No parent, guardian, or supervising adult may allow a child under the age of sixteen years to leave that person's sight and supervision within the Cabwaylingo State Forest Trail System.5.5. No child under the age of six may be allowed on any motor vehicle while being operated on any trail within Cabwaylingo State Forest Trail System.5.6. No child under the age of eight years who is required to be placed in a child passenger safety device system meeting applicable federal motor vehicle safety standards pursuant to W. Va. Code § 17C-15-46 while occupying a motor vehicle may be allowed on any trail within Cabwaylingo State Forest Trail System.5.7. The operator and all passengers of a motor vehicle in Cabwaylingo State Forest Trail System shall wear size-appropriate protective helmets at all times. All operators and passengers shall wear 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 Memorial Foundation safety standards for protective headgear for vehicle users.