‘Mountain Bike Responsibility Act’ moves to House Judiciary
By Matthew Young, RealWV
CHARLESTON, W.Va. – The proposed “Mountain Bike Responsibility Act” took a step forward Tuesday, as members of the House Subcommittee on Legal Services voted to move HB 2707 past the markup stage.
Sponsored by Del. Wayne Clark, R-Jefferson, and explained by committee counsel, SB 2707, “is an attempt to have a similar structure that we have that oversees the skiing industry in West Virginia.”
According to counsel, there are “several of these acts” regulating the state’s outdoor tourism industry, with the Hatfield McCoy Trail and whitewater rafting serving as examples.
On Monday, while speaking to the committee during the bill’s “markup” stage, Clark explained his motivation for proposing the legislation.
“One of the things that we want to do is sign a long-term contract with the UCI (Union Cycliste International),” Clark said, referring to the organization which held its 2023 world championship race at Snowshoe Mountain Resort. “Having this legislation behind us will help us sign a long-term contract with them.”
An amended version of the bill – which sought to address certain liability concerns – was introduced prior to Tuesday’s committee meeting. Counsel explained the amended version of the bill, which provided further explanation regarding the responsibilities and liabilities of trail operators.
“This new section addresses the duties of trail-system operators, with respect to the trail systems that they oversee,” counsel advised committee members.
According to counsel, under the amended bill, operators would be responsible for “managing and maintaining the mountain bike trail systems – ensuring the signage, emergency response, [and] industry compliance. Counsel added that the amendment is intended to limit “operator liability for inherent risks associated with mountain biking.”
‘(The operators) will be required to have vehicle marking and safety,” counsel continued. “Trail-mapping and signage would be required. There would be a requirement to comply with industry standards in maintaining trail maintenance and safety.”
Holstein’s amendment would further require operators to designate emergency personnel or establish an alternate response plan in cooperation with local emergency medical services. If there are no local emergency medical service providers in the area, a minimum of one certified emergency medical technician would then be required to be on duty at the trail during operating hours.
“Operators must maintain the trails in a reasonably safe condition, but are not liable for injuries or damage from natural hazards, other riders, wildlife, marked heavy equipment, or failure of personal equipment,” counsel said, noting that a “risk-assumption notice” must also be posted advising trail users of the risks associated with mountain biking.
The “signage” counsel referred to would be intended to designate the skill-level required for each mountain bike trail. The bill also notes an “inherent responsibility to ride within your skill,” meaning the trail operator is not responsible for injuries caused by a rider utilizing a trail which is beyond their ability.
“That is also within the “Ski Act,” counsel noted. “We say the same to the skier. […] Operators may only be held liable for injuries, loss, or damage if they fail to meet their statutory duties. There is no liability for third-party negligence, and operators are not responsible for injuries caused by non-employees.”
The insurance requirement for operators outlined in the bill is $100,000 per person, $300,000 per occurrence, and $10,000 for property damage. A parent or guardian may fill out a waiver assuming all risks for minors utilizing trails.
The amended version of HB 2707 was approved by the Subcommittee on Legal Services, and will now be reported to the House Judiciary Committee for further consideration.
