CHARLESTON — Alarmed by the ever-rising death toll that stands at 52 this year, a State Police official called on lawmakers Monday to ban all-terrain vehicles from all paved roads in West Virginia

“We’re in big favor of this,” Capt. Jack Chambers, commander of special operations, told members of Government Organization Subcommittee A.

Such a ban would apply, regardless of whether the road is maintained by the state, county or city, he said.

What’s more, Chambers said the State Police want to see all riders, regardless of age, be required to strap on a helmet, approved by the Department of Transportation.

“If you’re 13 or 60, we feel you should have a helmet,” Chambers said.

Based on input from troopers across the state, Chamber said the existing ATV law — enacted in the final year of Gov. Bob Wise’s administration — simply isn’t working, largely because police cannot enforce it.

Only if a rider commits a felony, such as an armed robbery, will troopers give chase, he said, rather than risk causing a fatal accident and expose the Department of Public Safety to liability.

Chambers proposed a comprehensive new act that would regulate ATVs statewide, rather than leave it in hands of local governments, saying this, likewise, has proven unworkable.

Delegate Craig Blair, R-Berkeley, challenged him on this point, saying his home county has done it effectively.

“I can’t tell you when I’ve seen an ATV,” he said. “Before, they were all over the place.”

But Kanawha County Sheriff Mike Rutherford said only about 10 counties are allowed to govern four-wheelers by having a planning commission. In Kanawha, he said, the ban has led to a decline in ATV-related deaths.

“That has made a tremendous difference for us,” the sheriff said, noting the county has recorded a relative small number of three deaths this year.

Chambers acknowledged that in counties equipped to deal with ATVs, a difference has occurred.

“In some areas, people drive through McDonald’s on a four-wheelers, ordering food,” he said.

Under the State Police proposal, an adult must have a valid driver’s license to haul passengers on four-wheelers designed for them.

Stiffer fines were recommended in the proposed new law — not less than $200 nor more than $500 for a second offense. A third such crime would bring a fine of $500 to $1,000, jail time, and impoundment of the ATV.

State Police also want lawmakers to “articulate clearly” that liability insurance isn’t required by ATVs.

Rutherford complained that “more often than not” ATV riders flee police, knowing they can escape, and Chambers agreed, saying, “If they think they can get away from you, and they know where the side roads are, they’re gone.”

An eighth point of the State Police recommendations calls for enhanced penalties when violators run from law enforcement. The proposal would exclude police from liability during pursuit and a $250 redemption fee would be assessed on impounded four-wheelers.

As of July 1, the troopers suggest, all ATVs sold in West Virginia must be registered and titled by the dealer. A registration sticker would be attached to the vehicle.

Finally, Chambers said State Police want to hold parents and owners liability for letting anyone under 16 to operate a four-wheeler in violation of local or state laws.

In injuries and deaths, the parent, owner and operator could be held liable, the recommendation states.

“We want to have access to it,” Chambers told Sen. Russ Weeks, R-Raleigh, who inquired about State Police sentiment in dealing with violators on private property.

Chambers agreed with Weeks that police could support the senator’s suggestion that judges exercise discretion in withholding a driver’s license for youths convicted of road violations involving ATVs.

The officer assured the panel’s co-chairman, Delegate Dale Martin, D-Putnam, the State Police have no intention of hampering operations of the Hatfield-McCoy Trail. Riders may drive up to 25 miles as far off the road as possible in going from one trailhead to another.

Yet, Chamber said, he has seen 15 to 20 four-wheelers making such jaunts on paved roads.

“We’re saying no hard roads, period,” the officer said.