The West Virginia Senate Judiciary Committee convened on March 19, 2025, to discuss the Mountain Bike Responsibility Act, a proposed legislation aimed at defining the responsibilities and liabilities of trail operators and users in the state’s growing mountain biking industry.

The act outlines essential terms related to mountain biking, including the duties of trail system operators to maintain trails in a reasonably safe condition and the responsibilities of users, whether they are biking or using aerial tramways. A significant focus of the discussion was on the liability protections offered to operators who adhere to the standards set forth in the act.

Committee members raised questions about the practical implications of the bill, particularly regarding who it applies to and how it affects liability. Counsel clarified that the bill is designed to provide limited immunity to operators who follow industry standards, thus encouraging the development of mountain biking trails while protecting them from frivolous lawsuits. However, operators would not be immune if they fail to maintain trails or equipment properly.

Senators expressed concerns about the balance between protecting operators and ensuring user safety. The bill aims to clarify responsibilities, which could reduce litigation over accidents that occur on trails. The discussion also touched on the importance of marking trails according to industry standards to inform users of potential risks.

Richie Heath, executive director of the West Virginia Hospitality and Travel Association, emphasized that the legislation is part of a broader effort to promote tourism in the state by establishing clear guidelines for trail operators. He noted that the bill aligns with similar legislation in other states, which has successfully fostered the growth of mountain biking as a recreational activity.

In conclusion, the Mountain Bike Responsibility Act seeks to enhance the safety and enjoyment of mountain biking in West Virginia while providing a framework for liability that encourages operators to maintain their trails and equipment responsibly. The committee's discussions reflect a commitment to balancing the interests of tourism, safety, and legal protections as the state continues to develop its outdoor recreation offerings.