Creating Mountain Bike Responsibility Act
SB595 creates the Mountain Bike Responsibility Act, a new article in West Virginia law governing commercial and other trail system operators that provide mountain biking access and, in some cases, aerial passenger tramways such as chairlifts or gondolas used to transport riders. The bill defines key terms like mountain bicyclist, competitor, passenger, trail system area, and trail system operator, and it sets out a detailed framework of duties, warnings, and liability rules for operators, riders, and passengers.
The bill requires trail system operators to post trail maps and difficulty markings, publish emergency contact information, follow industry standards, maintain trails and equipment in reasonably safe condition, and carry at least $100,000/$300,000/$10,000 in liability insurance. It also requires warning signage stating that mountain bicyclists assume certain risks, and it imposes conduct rules on riders and passengers, including restrictions on tramway use, intoxication, and interference with operations. The bill further addresses competition events by requiring a reasonable visual inspection opportunity and by assigning risk for visible course conditions to competitors. It also allows a parent or guardian to sign a release for a minor participant.
SB595 would add a new chapter of statutory law in Title 20 that specifically limits and defines liability in mountain biking and related tramway operations. It shifts much of the risk of ordinary trail hazards, collisions, and visible terrain conditions to riders and competitors, while preserving operator liability for failing to meet the bill’s enumerated duties or for other negligence by the operator’s agents or employees. The bill would also create new signage, safety, insurance, and operational requirements for covered trail system operators, and it would authorize releases for minor participants through a parent or guardian.
The bill appears to have been generally favorable in the Senate, passing 31-1, which suggests broad support for the measure. The bill’s findings frame mountain biking as an economic and recreational asset for West Virginia, and the structure of the legislation reflects an effort to provide clarity and predictability for operators and participants. The lack of committee transcript material limits direct insight into debate, but the vote indicates strong consensus with only minimal opposition.
The main points of contention likely concern how far the bill goes in limiting operator liability and shifting risk to riders. The statute expressly assumes many common trail hazards and collisions are the rider’s responsibility, which could be viewed as protective of trail operators but potentially restrictive for injured bicyclists seeking recovery. Another possible issue is the scope of the bill’s coverage, including commercial, private, and for-profit operators, the treatment of aerial passenger tramways, and the insurance mandate. The single dissenting Senate vote suggests at least one member objected to some aspect of the liability framework or regulatory burden.