Wednesday, May 31, 2000

ATV law stirs opposition

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Permitting use on roads raises danger, some say

By Terry Flynn
The Cincinnati Enquirer

        BURLINGTON — A new law is meant to help Kentucky farmers who, until now, could not even legally cross a road in an all-terrain vehicle (ATV), which some of them use on their farms.

DOUG CROMWELL OF HONDA OF FLORENCE WITH ATVS. (Patrick Reddy photo) | ZOOM |

        But Boone County Sheriff Mike Helmig looks at the never-ending growth in his county and can only see more problems — thanks in part to that same law.

        The Kentucky General Assembly, in a flurry of activity at the end of the 2000 session in April, approved a measure that makes it legal for anyone with a driver's license to operate an ATV on secondary rural roads during daylight hours — but only for very short distances.

        Previously, it was illegal to take an ATV on any road.

        “We already have a problem with ATV use on private property and school grounds,” Sheriff Helmig said. “We get a lot of calls about people trespassing on farm land to run their ATVs. The Belleview area especially is a big problem because there is so much farm land and so many hills and wooded areas.”

        He said giving licensed drivers the right to take the ATVs on two-lane state and county roads will only increase what is already a dangerous situation.

        “We've seen a lot of people, especially kids, injured while riding these things, often while trespassing on someone's farm,” the sheriff said. “Our rural area blends right into our residential area. To have ATVs traveling down a road with cars and trucks could be really dangerous.”

        Randall Poole, for one, can't see what the fuss is all about. Mr. Poole, 32, of Walton, often takes his ATV to hilly fields — with owner permission.

        “I wouldn't dream of taking one down a road,” he said. “That's just asking for big trouble.”

        And the eastern Kentucky state lawmaker who sponsored the law — Rep. Johnnie Turner, D-Harlan — said the legislation will actually make the operation of ATVs safer.

        “I've read the stories where teen-agers who don't have (driver's) licenses have been killed or injured on ATVs, but right now it's illegal for them to drive an ATV,” Mr. Turner said.

        Under the law Mr. Turner sponsored, the ATV operator must have a valid driver's license and be wearing a helmet, and the vehicle must have a working headlight and two operating taillights.

        Also, the ATV can be driven for only two-tenths of a mile on a public road, a provision to allow farmers to cross a road if they own property on both sides of the road.

        “Before a farmer could not even cross the road on an ATV to get to a field, and a lot of farmers use ATVs on their farms,” Mr. Turner said.

        The ATV can be driven long distances, however, if

        the operator is engaged in farming, construction, road maintenance or snow removal.

        In Ohio, snowmobiles, off-road motorcycles and ATVs can be operated along county roads if the owner has permission from either the county sheriff or the township police.

        The vehicle also must be equipped with a horn, taillights, and a headlight before it can travel a county road. These vehicles are not permitted on state high ways, except, in some instances, to cross them.

        Ironically, none of the major ATV manufacturers recommend that the vehicles be used on public roadways. Similarly, manufacturers issue warnings that the vehicles should not be operated by children.

        “There seems to be some feeling among a lot of people that it's OK to let their child drive (ATVs) on roads,” said Campbell County Police Chief David Sandfoss. “We see just the opposite. It's already a pretty common complaint ... people driving them on the highways. I told our people this year it's zero tolerance for ATV violators.”

        Chief Sandfoss said he didn't know the General Assembly passed the law permitting use of ATVs on rural roads until he received a call last Friday.“That's just what we need,” he said. “This just makes our job tougher. I can see people taking a broad interpretation of the law and getting on the roads as much as possible.”

        According to statistics from the University of Kentucky, from January 1997 through March 1, 2000, 131 children — most age 14 or younger and not wearing a helmet — were severely injured in Kentucky in ATV accidents.

        Eighteen people died last year in ATV accidents, including one in Campbell County, and 16 in 1998, according to Kentucky State Police.

        Spencer Hunt and Patrick Crowley contributed to this report.

       

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