New push for ATV safety regulations being planned

By Mannix Porterfield

As long as West Virginians die needlessly on all-terrain vehicles, Karen Coria sees her mission as unfulfilled.

Come January, she plans to be back in Charleston, plugging once again for reforms in West Virginia’s safety law in an effort to drop the death toll that has remained high in recent years.

So far in 2007, the state has witnessed 37 deaths, and with the fall hunting season near, if past years are an accurate barometer, the toll can be expected to climb. A year ago, the state hit a new zenith in four-wheeler deaths — 54. Fayette and Wood counties tied in leading the state with four deaths apiece.

“My role is to educate and move legislators to recognize that we have serious problems and are still not dealing with these serious problems,” Coria said Thursday.

Coria, a lobbyist for the Specialty Institute of America, wants the Legislature to require helmets for all riders, regardless of age, ban four-wheelers from every inch of paved road and disallow passengers unless a particular manufacturer has built a model to accommodate them.

That’s been a tough sell in past sessions, even with a rising death toll.

Former Gov. Bob Wise pushed the first-ever ATV safety law in his final year in office but readily acknowledged when he signed the measure that it likely was only a starting point, and that changes possibly would be needed.

Under that 2004 law, ATVs were barred from any road with a center line or more than two lanes, except when crossing to get to another site. Anyone under 18 was required to wear safety headgear. One passenger was permitted, unless the manufacturer specifically allowed multiple riders.

“We’ve got to get them off paved roads,” Coria said. “That will be the first step.”

So-called country roads without a center line are open to ATVs, and that means more than 30,000 miles of secondary roads can be used under existing law.

“Statistics show that 16 out of the 37 deaths this year happened on paved roads,” Coria said.

Other fatalities occurred on gravel or personal property, or in other locales, she said, raising an interesting question: “Did they get there on a paved road? Chances are, they probably did.”

Statistics prove that helmet use prevents deaths and serious head injuries, she said.

“Everyone needs to wear a helmet,” Coria said.

“It’s a no-brainer. The average age of people who died this year is 40. Adults need to be responsible in the meantime. And the Legislature needs to become responsible if adults are not taking responsibility in their own hands.”

While many deaths and injuries result in accidents on private property, Coria says the Legislature shouldn’t attempt to regulate ATVs there.

“Folks are going to do what they’re going to do,” she said. “It’s hard to legislate that. That shouldn’t be a part of the legislation. But we’re one of about six states that haven’t been able to pass ATV regulations in the area we’re talking about.”

Figures on a West Virginia University Web site show nearly 40 percent of all ATV accidents occur on paved streets and roads, and that one-fourth of the deaths have been among children 16 and younger. Twelve percent involved men 65 and older, and 22 percent of all crashes involved the use of alcohol and other drugs.

In advance of the 2008 session, Coria is meeting with Dr. Jim Helmkamp, director of WVU’s Center for Rural Emergency Medicine and a leading advocate for ATV safety, to see what should be crafted in new legislation.

Coria applauded the safety-conscious Hatfield-McCoy Trail, pointing out it has dealt with only two fatalities in its six-year run.

“That trail system certainly sets an example for everyone, that you can enjoy the sport,” she said. “If you follow the rules and guidelines, you can enjoy recreation without getting hurt.”

— E-mail: mannix@register-herald.com