Sophia is not ATV Friendly anymore

Sophia does not appear to be ATV friendly anymore. On Memorial Day weekend several of us rode to Sophia for lunch and gas. While we were parking in front of China Buffet a very polite young police officer stopped us and told us we could not ride our ATV’s in Sophia. We had an engaging conversation for several minutes and below is what he told us.
1.
Only citizens of Sophia can ride there ATV on the town streets.
2.
We asked him how we were supposed to get out of town and he said that since we were riding respectfully and with helmets we could ride on the streets
3.
We asked him if we could go get gas and again he said it would be OK.

At the gas station we ran into a guy and family in a RZR4
and we told him what we had just been told and he had never heard of it.

Today I called the Mayor’s office to try and get some clarification. The lady that answered the phone was a real bitch. She said I would have to stop by the Mayor’s office (which is not open on weekends) to get clarification and read something. She would not email it to me. I very specifically asked her if it was OK to ride into town to the China Buffet and gas station, she said NO. She then said you can only ride through town on the way to the trail head. I said which trail head and she said Burning Rock which means you have to have a Burning Rock pass. I don’t know if Burning Rock is behind this or not but we won’t be going to Sophia anymore. If anyone lives there and can shed some light on this we would appreciate
it.

dang. I wonder why they are cracking down on that? Or is it even true for that matter?

I hate to hear it. If you find out more then keep us posted.

Wildcat will know , he lives there ..

I will have my sister check on that she is some kind of town suck.

lol

Bob see what happens when u let Al and Jane ride with u

I ride with wildcat 1 have not had any trouble yet

They are def not atv friendly! You might go one day and not have any trouble and the next all kinds of trouble.... It's the dumest thing Ive ever seen, they could make all kinds of money. It's not Burning Rock either, they have tried to work with the town and they want nothing to do with it!

Andy F. aka Wildcat will know or find out more for us I am sure
If someone don't want my money fine.....like Bubba D says, we don't need Hatfield McCoy they need us..... Ride the outlaw trails and wait for Andy to get back to us...... kinda funny in a way, you don't live in Sophia so you are not allowed to do as we do, where have I heard that before?

Siss said she would be at city hall this week and will find out.

that right, get r dun pit

First off the po po man dont know jack ,thats where i would sue the town for discrimination,why is it different for someone that lives in town and someone that dont,thats discrimination. second the town does not own main street anymore it was give up to the state! so read your state laws! be nice wear a helmet and tell po po to well you know!
I havent heard of anything like that

Wouldn't it be nice to be a Millionaire and then when people F with you just call your lawyer up and sue their ass

Sounds about like the BS downtown from me. It would be nice to be able to ride down and get gas in the rhino, but I've seen a man walking beside his grizzly giving it gas to walk it through town because the pigs told him he couldn't ride it. Ride it, or walk beside it while giving it gas...Which do you think is safer?

I'm seeing more and more proof everyday that you can do something unsafe or illegal as long as it's not something that comes with a fine that has to be paid in 5 days. A good cop is there for our safety, bad ones are just salesman. Only trouble is, they are selling you some bullshit that will cost you more to get out of than just pay. It's all about the money.

Hate to hear of this. These small towns need to realize the money they are missing out on. All of us use these town to get food/gas/ or whatever when we are out riding. I know the revenues are needed. They need to wake up.

I am just reading this but I agree with Wildcat1. I do not live in WV but I have previously looked into the legality of riding on a roadway in WV. There is a code that states an off road vehicle may use a lined roadway for up to 10 miles to go from trail to trail. Now that is not word for word but that is what I understand as the need to know to keep out of trouble.

I enjoyed the Sophia ride I went on a few years back. We all parked by the railroad tracks in the center of town. Rode from there to the trail head with no hassle at all. They didn't even give Rick Lilly a second glance.

Below is the 2011 West Virginia ATV Regulations. It soes have one sections that says a municipalities governing body can make regulations regarding riding in there town. Maybe they have inacted something and that is what the lady wanted me to come read.


CHAPTER 17F. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES

WEST VIRGINIA CODE §17F-1-1. Acts prohibited by operator; penalties for violations.

(a) No all-terrain vehicle may be operated in this state:
(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:
(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
(D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;
(3) With more than one passenger unless more passengers are allowed under manufacturers' recommendations;
(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level two intermediate driver's license or its equivalent or is eighteen years of age or older;
(5) Unless riders under the age of eighteen are wearing size appropriate protective helmets that meet the current performance specifications established by the American national standards institute standard, z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; or
(8) Unless operating in compliance with the provisions of section two of this article.
(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or highway of this state as contemplated by the provisions of section seven of this article.
(d) Notwithstanding any provision of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain specified roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, in emergencies or for specified purposes.
§17F-1-2. Safety awareness courses.
(a) The Commissioner of Motor Vehicles shall offer a free all-terrain vehicle rider safety awareness course, and may approve other all-terrain vehicle rider safety awareness courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety awareness course materials to authorized dealers of all-terrain vehicles for use by purchasers and potential purchasers free of charge.
(b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles and other approved providers to issue the certificates of completion. The commissioner may authorize a state institution of higher education, which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, to issue the certificates of completion on behalf of the commissioner.
(c) No person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider safety awareness course as offered or approved by the commissioner.
(d) The provisions of subsection (c) of this section do not apply to the operation of an all-terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by a person or entity which has in place a safety program.
(e) No state institution of higher education, which operates, owns, trains or promotes an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to this section, is liable for personal injuries to, or for the death of, a rider that may occur during an approved all-terrain vehicle rider safety awareness course, unless an employee or agent of the state institution of higher education's acts or omissions are with malicious purpose, in bad faith, or undertaken in a wanton or reckless manner.

§17F-1-3. Local government authority to regulate.
Notwithstanding any provision of this article to the contrary:
(1) The governing body of a municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
(2) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
(3) The county commission of any county which has in effect and is operating under a countywide comprehensive plan may by lawfully enacted ordinance regulate or prohibit the operation of all-terrain vehicles on any road in the county, except interstate highways: Provided, That any county which enacts any such ordinance shall notify the West Virginia state police and all law-enforcement agencies in the county of its action in writing, together with a copy of the ordinance.
§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.
Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of subdivision (5), subsection (a), section one of this article, to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the age and identity of the users of the all-terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.

§17F-1-5. Private property exemption.
Except as provided by the provisions of subdivisions (3), (4) and (5), subsection (a), section one of this article, and except as provided by the provisions of section two of this article, the provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permission.

§17F-1-6. Exemption for farm, commercial use; current regulations.
(a) Except as provided by the provisions of subdivisions (4) and (5), subsection (a), section one, nothing in this article may be construed to preclude or limit the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities access.
(b) Nothing in this chapter may be construed to supersede or contravene the provisions of any agreement between the state of West Virginia and any private or governmental entity entered into prior to the effective date of this chapter, or any lawfully promulgated legislative rule, including any emergency legislative rule, regulating the operation of all-terrain vehicles.

§17F-1-7. Applicability of rules of operation.
(a) Every person operating an all-terrain vehicle upon a public road or highway of this state shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of chapter seventeen-c of this code except where inconsistent with the provisions of this article and except as to those provisions of chapter seventeen-c of this code which by their nature can have no application.
(b) Notwithstanding the provisions of subsection (a) of this section, a motor vehicle operator's license is not required of an operator of an all-terrain vehicle when he or she is operating said vehicle in conformity with the provisions of subdivision (2), subsection (a) or subsection (b), section one of this chapter except when the operator is under the age of eighteen and is transporting a passenger under the age of eighteen.
§17F-1-8. Criminal penalties.
(a) Except as provided in the provisions of subsection (b) of this section and in addition to any other legal remedy for violation of civil or criminal provisions of this code, any person who violates the provisions of this article or municipal or county ordinance enacted pursuant to the provisions of section three of this article or who owns or has control over an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
(b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of section one of this article is guilty of a misdemeanor and shall, upon conviction, be subject to the following penalties:
(1) For a first offense, a fine of not less than fifty dollars nor more than one hundred dollars or not more than ten hours of community service, or both;
(2) For a second offense, a fine of not less than one hundred dollars nor more than two hundred dollars or not more than twenty hours of community service, or both;
(3) For a third or subsequent offense, a fine of not less than two hundred dollars nor more than five hundred dollars or not more than one hundred hours of community service, or both.
§17F-1-9. Definition of all-terrain and utility terrain vehicle.
(a) As used in this chapter, "all-terrain vehicle" or "ATV" shall mean any motor vehicle, designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger.
(b) "Utility-terrain vehicle" shall mean any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control.
(c) As used in this article, all-terrain vehicles shall mean all-terrain vehicles and utility-terrain vehicles.

I believe that whole area is tired of ATV's in general , I know I would . It not too bad when the locals go back and forth but if a group like this came by my house on a regular basis I would right tired of it ...

Sister talked to cop he said depends on witch cop stops you. They have 5 . Fire chief sad as long is it is just one trip through should be no prob. No just riding around.

Bobby D wrote:

Wouldn't it be nice to be a Millionaire and then when people F with you just call your lawyer up and sue their ass

It's not that easy. U can sue all you want but at the end of the day if your violating the law then u can sue all that you want. In enough time you will be a thousandaire and have nothing to show for it

Tbone where did u learn how to spell

Rick S wrote:

Tbone where did u learn how to spell

Thanks Rick! I need someone keepin me in line. It's been a long day

Sophia has 5 cops? If we get stopped and ticketed we can tell the judge that the "Fire Chief" said it was OK.

TBONE21 wrote:

Bobby D wrote:

Wouldn't it be nice to be a Millionaire and then when people F with you just call your lawyer up and sue their ass

It's not that easy. U can sue all you want but at the end of the day if your violating the law then u can sue all that you want. In enough time you will be a thousandaire and have nothing to show for it

There you go TBONE you missed the whole point.Based on what Andy said if they say so and so can ride on the roads and I can't and I had lot's of money I would sue their ass just on principal even if I spent 20K on an attorney and lost the case I would show them they are not going to make up rules for different people.It ain't about the money it's about right and wrong.

If you live in WV and you don't hear a atv, sxs, or bike go by every so often durring the night, then there must be something wrong. If I wake up to total quiet, it scares me and I get up to check on the garage and vehicles. If I hear engines going like hell out the road, I know everything is alright. Makes me want to fire up the rhino and go with them.

Piss on the hippies and crybabys! They can always shove some earplugs in, or buy 1000acres and post it if they want quiet.

You get into a double standard here. How is a group of sxs/atvs any diferent than a group of loud motorcycles?

WV is about as free of a place there is to live or visit. If we give in to these crybaby bitches, we will lose what freedoms we have.

I 2nd that Hump ----

Bobby D wrote:

TBONE21 wrote:

Bobby D wrote:

Wouldn't it be nice to be a Millionaire and then when people F with you just call your lawyer up and sue their ass

It's not that easy. U can sue all you want but at the end of the day if your violating the law then u can sue all that you want. In enough time you will be a thousandaire and have nothing to show for it

There you go TBONE you missed the whole point.Based on what Andy said if they say so and so can ride on the roads and I can't and I had lot's of money I would sue their ass just on principal even if I spent 20K on an attorney and lost the case I would show them they are not going to make up rules for different people.It ain't about the money it's about right and wrong.

Did you read it fully??

As long as this is in there they would automatically win.

(1) The governing body of a municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.

only if the laws is for everybody....if not its discrimination!!!...