West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-36 - Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs › Section 58-36-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Bicycle"
				means every vehicle propelled solely by human power, and every motorized
				bicycle propelled by a combination of human power and an electric helper motor
				capable of propelling the vehicle at a speed of not more than 20 miles per hour
				on level ground upon which any person may ride, having two tandem wheels, and
				including any device generally recognized as a bicycle though equipped with two
				front or two rear wheels. The term does not include such a vehicle with a seat
				height of no more than 25 inches from the ground when the seat is adjusted to
				its highest position or a scooter or similar device.
2.2. "Cabwaylingo State Forest" means the
				entire recreation area, including all forest acreage and facilities located
				within the recreation area, managed by the state.
2.3. "Cabwaylingo State Forest Trail System"
				means the system of recreational trails and appurtenant facilities within
				Cabwaylingo State Forest as designated in consultation with the director of the
				Division of Forestry and approved by the director and marked as included in
				Cabwaylingo State Forest Trail System.
2.4. "Director" means the director of the
				Division of Natural Resources.
2.5.
				"Division" means the Division of Natural Resources.
2.6. "Driver" means a person who drives or is
				in actual physical control of a vehicle or trail animal.
2.7. "Highway or street" means the entire
				width between the boundary lines of every way publicly maintained when any part
				thereof is open to the use of the public for purposes of vehicular travel,
				except any trail.
2.8. "Motor
				vehicle" means every vehicle that is self-propelled except a motorized
				wheelchair.
2.9. "Multi-Use Trail"
				means a way within Cabwaylingo State Forest Trail System that is maintained by
				the Trail System Operator for ATV, ORV, UTV, Bicycle, Motorcycle, Pedestrian,
				and/or Trail Animal recreational use that is marked and designated by the Trail
				System Operator on official maps and on the trail itself with traffic-control
				devices to regulate, warn, and guide public recreational use.
2.10. "Pedestrian" means any person afoot and
				any person in a wheelchair, including a motorized wheelchair.
2.11. "Person" means every natural person,
				firm, co-partnership, association, or corporation.
2.12. "Traffic" means pedestrians, trail
				animals, and vehicles, either singly or together, while using any highway or
				trail for purposes of travel.
2.13.
				"Traffic-control device" means all signs, signals, markings, devices, fences,
				barriers, and gates not inconsistent with the rules in this series placed or
				erected at the discretion of the division by the Trail System Operator having
				jurisdiction for the purpose of regulating, warning, or guiding traffic, or to
				close or control access to a particular way or area.
2.14. "Trail animal" means any horse, pony,
				donkey, mule, or other animal capable of being ridden for recreational purposes
				on a trail.
2.15. "Trail System
				Operator" means any person, partnership, limited liability company ("LLC"),
				corporation, joint development entity, other organization, or any combination
				thereof, who has contracted with the division for operational responsibility of
				Cabwaylingo State Forest Trail System that includes ATV, ORV, UTV, Bicycle,
				Motorcycle, Pedestrian, and/or Trail Animal recreational use designated by the
				division for either non-profit or monetary profit or gain.
2.16. "Vehicle" means every device in, upon,
				or by which any person or property is or may be transported or drawn upon a
				trail or highway, excepting devices used exclusively on stationary rails or
				tracks.
2.17. All other terms shall
				have the meaning prescribed in W. Va. Code §
									20-15-1
et
				seq.