SB 595 West Virginia Senate · 2025 Regular Session

Creating Mountain Bike Responsibility Act

SB 595, the Mountain Bike Responsibility Act, establishes rules for commercial mountain bike trail operators and riders in West Virginia. It requires operators to post trail maps, mark difficulty levels with standardized symbols, maintain emergency plans, and display a specific risk-assumption warning stating that riders accept inherent trail hazards. The law explicitly limits operator liability for injuries or damage caused by natural terrain features like roots, rocks, uneven surfaces, or other trail conditions. It directly affects commercial trail operators (not public or non-profit entities) and mountain bicyclists using designated trails. The bill aims to clarify responsibilities while defining the risks riders assume when using mountain bike trails.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House of Delegates Passage

Governor

Introduced Feb 25, 2025 Last action Mar 26, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 6 edits

MODERATE

The bill was amended to expand its scope from eight sections to ten sections, adding new provisions for competition responsibilities and a release form for minors. The definitions were updated to include 'Bicycle' and 'Competitor' with specific legal meanings. The duties of trail system operators were expanded to include more detailed emergency planning requirements and expanded liability exemptions. Passenger and mountain bicyclist duties were reorganized into separate sections with clearer language about safety responsibilities.

Scope change

The bill's scope expanded from general mountain biking liability to specifically include competition scenarios and minor participants, broadening the regulatory framework beyond just trail maintenance and general liability.

DEFINITION

Added new definitions for 'Bicycle' referencing existing code and 'Competitor' to specifically cover those engaged in competitions or training.

Modified the definition of 'Mountain Bicyclist' to remove specific examples like jumping and free-ride trails, making it more general.

REQUIREMENT

Added new Section 20-20-9 requiring trail operators to allow competitors to visually inspect trails before use and defining competitor liability for course conditions.

Added new Section 20-20-10 allowing parents or guardians to execute releases for minor participants with proper notice of risks.

Expanded trail system operator duties to include more specific emergency plan requirements and expanded the list of conditions for which operators are not liable.

Reorganized duties into separate sections for passengers and mountain bicyclists with more detailed language about safety obligations.

Floor votes · Senate Mar 25, 2025

How they voted

32–1

Passed

Total votes 33

Mar 25, 2025

D Democratic2

1 Yea 1 Nay

50% Nay

R Republican31

31 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 26, 2025

Committee

To House Judiciary

lower

Mar 26, 2025

Committee

To Judiciary

lower

Mar 26, 2025

Introduced

Introduced in House

lower

Mar 25, 2025

Upper · Passed

Passed Senate (Roll No. 169)

upper

Mar 20, 2025

Upper · Passed

Committee substitute reported

upper

Feb 25, 2025

Introduced

Introduced in Senate

upper

Feb 25, 2025

Committee

To Judiciary

upper

1 primary · 3 co-sponsors