HB 5544 — Relating to requiring certain reporting from the Mountaineer Trail Network Authority each year

stumps;

trees;

roots;

forest growth;

cliffs;

rock and rock drops;

loose gravel and dirt;

wet surfaces;

holes and potholes;

downed timber;

debris;

depressions;

other bicyclists;

dark tunnels;

jumps;

bridges;

dirt or wood features/jumps;

elevated features;

and other constructed features;

lift loading and unloading;

padded and nonpadded barriers;

paved surfaces;

collisions with vehicles, pedestrians, wildlife, heavy equipment that is identified as a dangerous and/or hazardous work zone;

properly marked permanent structures;

and mechanical or other failure of rental or personal equipment;(6) Post at the trail board maintained under subdivision (1) of this section the following language: "WARNING – ASSUMPTION OF RISKS:

Under West Virginia law, every mountain bicyclist is considered to have accepted and to have knowledge of the risk of injury (including death) to the mountain bicyclist, as well as damage to property of the mountain bicyclist.

 Under West Virginia law, every mountain bicyclist has the duty to take the precautions that are necessary to avoid injury or death, as well as damage to property.

 West Virginia law sets forth certain limitations on the liability of trail system operators for injury or death to a bicyclist, as well as damage to property.

 (7) Post a sign at all aerial passenger tramways that advises the passengers to seek advice if not familiar with riding the aerial passenger tramway;

and (8) Construct, operate, maintain, and repair any aerial passenger tramway in accordance with relevant and published national standards and safety requirements for such machinery.

§20-20-4.

Duties of passengers.

No passenger shall:

(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;

(2) Drop, throw, or expel any object from an aerial passenger tramway;

(3) Perform any act that interferes with the running or operation of an aerial passenger tramway;

 (4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction, until the passenger has received sufficient instruction to permit safe usage;(5) Embark on an aerial passenger tramway without engaging such safety or restraining devices as may be provided;(6) Embark on an aerial passenger tramway without the authority, expressed or implied, of the trail system operator;

 (7) Embark on an aerial passenger tramway while impaired by alcohol or drugs.

  §20-20-5.

Duties of mountain bicyclists.

(a) It is expressly recognized that mountain bicycling as a recreational sport is hazardous, regardless of all feasible safety measures which can be taken.

 (b) Each mountain bicyclist expressly assumes the risk of, and legal responsibility for, any injury, loss or damage to person or property which results from participation in the sport of mountain bicycling including, but not limited to, any injury, loss or damage caused by the following:

uneven or slippery trail and feature conditions;

varying slopes and terrain;

bumps, stumps;

trees;

roots;

forest growth;

cliffs;

rock and rock drops;

loose gravel and dirt;

wet surfaces;

holes and potholes;

downed timber;

debris;

depressions;

other bicyclists;

dark tunnels;

jumps;

bridges;

dirt or wood features/jumps;

elevated features and other constructed features;

lift loading and unloading;

padded and nonpadded barriers;

paved surfaces;

collisions with vehicles, pedestrians, wildlife, heavy equipment that is identified as a dangerous and/or hazardous work zone;

properly marked permanent structures;

and mechanical or other failure of rental or personal equipment.

(c) Each mountain bicyclist shall have the sole individual responsibility for knowing the range of his or her own ability to negotiate any trail.

 Further, it shall be the duty of each mountain bicyclist to ride within the limits of the mountain bicyclist's own ability;

to maintain reasonable control of speed and course at all times while mountain bicycling;

to heed all posted warnings;

to mountain bicycle only on a bike trail area designated by the trail system operator;

to assess the difficulty of mountain bike trails;

to be able to stop or avoid other individuals and objects;

and to refrain from acting in a manner which may cause or contribute to the injury of anyone.

 (d) If involved in a collision with another individual that results in injury, it shall be the duty of a mountain bicyclist to remain in the vicinity of the collision until giving his or her name and current address to a representative of the trail system operator or to all other parties to the collision except to secure aid for a person injured in a collision.

 A mountain bicyclist who leaves the vicinity to secure aid shall provide his or her name and current address after securing the aid.(e) If while mountain bicycling any mountain bicyclist collides with any object or person, except an obviously intoxicated person of whom the trail system operator is aware, the responsibility for such collision shall be solely that of the mountain bicyclist or mountain bicyclists involved and not that of the trail system operator.

  §20-20-6.

Liability of trail system operator.

(a) A trail system operator may be liable for injury, loss, or damage caused by its failure to follow the duties set forth in section 3 of this article where the violation of duty is causally related to the injury, loss, or damage suffered.(b) A trail system operator is not liable for any injury, loss, or damage caused by the negligence of any person who is not an agent or employee of the trail system operator.

(c) A trail system operator is not liable for any injury, loss, or damage caused by a mountain bicyclist or passenger's violation of any duty described in this article.

(d) Every trail system operator shall carry public liability insurance in limits of no less than $100,000 per person, $300,000 per occurrence, and $10,000 for property damage.

§20-20-7.

Liability of passengers.

Any passenger may be liable for injury, loss, or damage resulting from violations of the duties established in section four of this article where the violation of duty is causally related to the injury, loss, or damage suffered.

§20-20-8.

Liability of mountain bicyclist.

Any mountain bicyclist may be liable for injury, loss, or damage resulting from violations of the duties established in section five of this article where the violation of duty is causally related to the injury, loss, or damage suffered.

§20-20-9.

Release of minor participant.

  A parent or guardian of a minor participant may execute a release assuming responsibility for the risks of the minor participant.

The release must give notice to the minor participant, and the parent or guardian, of the risks associated with the release.    AdoptedRejected