Anti-ATV Legislation Editorial

[Dave]

For anyone who missed this editorial in the Star Tribune, here it is below. Keep in mind, I don't really disagree with some of this and, I'll add my comments in bold throughout the editorial. If you choose to contact the Senators, please, be respectful and make valid points. And, let's keep this discussion civil!

Star Tribune

Paul Thissen and John Marty: Let's put teeth in laws that

govern all-terrain vehicles

By: Paul Thissen and John Marty

Published January 13, 2005

In recent years, we have seen the devastating effects that

all-terrain-vehicle (ATV) and other off-highway vehicle

(OHV) use can have on Minnesota's public and private lands.

To me, "devastating" is quite an exaggeration. Using that type of term could be used describing something like bomb blasts, tornadoes and hurricane damage, IMO. I also have a problem that they include the word "private land".

Irresponsible use of OHVs destroys wetlands, interferes

with the ability of others to enjoy the great outdoors, and

threatens public safety.

Again, I think a bit of stretching...look up the definition of destroy. And, doesn't everything we do every day interfere with someone?

The Legislature took steps in the last two years toward a

balanced solution that recognizes the interests of OHV

users, but which also expects OHV riders to enjoy the

activity in a responsible way that preserves Minnesota's

natural resources for generations to come.

The balancing included more ATV trails on the ground. There are no more designated ATV trails on the ground within the last two years!

Most of Minnesota's OHV owners are conscientious and

responsible. But contrary to the claims of some, it is not

just a handful of "bad apples" who are responsible for the

damage. The reality is that a significant number of

irresponsible riders speed, tear up wetlands, endanger

themselves and others and defy state laws.

Sounds like the everyday life we live in, in every part of the state!!

According to the Minnesota Department of Natural Resources,

more than 3,000 tickets and warnings were issued to ATV,

off-highway motorcycle, and off-road 4x4 truck drivers for

the 12-month period ending in September. And with millions of acres of state forest land, a "ride anywhere" mentality

and an inadequate number of conservation officers to

protect the forests, only a tiny percentage of lawbreakers

are ever ticketed.

Well worded using "lawbreakers", they think. Sounds like the everyday life we live in, in every part of the state!!

Not surprisingly, many of the violators just laugh at the

laws and feel no shame in destroying our state forests. In

one particularly egregious case, an ATV rider in Crow Wing

State Forest was issued seven tickets in one day. He told

the DNR officer who issued the citations that he "didn't

care about the laws" and that the officer could give him as

many tickets as he wanted. Major Jeff Thielen of DNR

Enforcement observed that for some off-road users, a fine

is simply seen as "the cost of doing business" and that the

strongest deterrent is not monetary. It is taking away the

privilege.

Had this been reported from a number of riders, I'd say we have a big problem but, from one?! I challenge you to ask how many riders showed this mentality to law enforcement. My guess, just that one. I do agree for a rider such as the above, his machine should be taken away. Even jail time if he can't pay the fines. I'd also hate to see the way he drives a car on public streets. I have no intention to defend a rider such as this one that's pointed out in the editorial.

Contrary to conventional wisdom, adults -- not minors --

committed an overwhelming majority of the violations. DNR

statistics show people 18 and older had 82 percent of the

violations in the reporting period. This is counter to the

perception that the damage to our waterfowl habitat and

beautiful forests is done by wild and irresponsible youth

who don't know better.

NO, it does not counter that perception, IMO. If the numbers were revealed (and I'll try to locate them), a majority of the citations had no consequence to the environment and were for violations such as unregistered machines, no license plate, too young of rider, double riders, underage riders on public land (must be 12 years old) etc., etc.

Let's lay the blame squarely where it belongs, with the

adults who ride recklessly, trashing our natural resources

and setting a poor example for younger, more impressionable

riders. It is clear that we must back up our OHV laws with

enforcement provisions that have real teeth.

But, if there's not enough CO's to cover the areas NOW, how can more teeth help? I would think more COs would be the answer.

In January, we will introduce legislation to hold reckless

off-highway vehicle riders accountable for the damage they

cause. The legislation increases fines for violations and

places those violations on a driver's record. For repeat

violations involving severe destruction to natural

resources or threats to public safety, the offenders will

forfeit their ATVs.

While I DO agree to punishing offenders, one needs to define "severe destruction". Who will do that? Do other recreational violations go on the driver's record? Does jail time for a robber deter them? Nope.

Other provisions include a DNR hotline for reporting

violations and making an existing fund to repair damage to

public and private lands workable. Neither private

landowners nor the taxpayers should be forced to pay the

costs of repairing damage caused by the criminal behavior

of others.

The cost of repairs SHOULD be the responsibility of the one who does the illegal damage, IMO. This toll-free "hotline" has been asked for several years, and would consume hundreds of thousands of dollars from the OHV fund to implement. Those funds are designated to build trails. If someone damages a street sign and is caught, who pays for it? The offender.

Minnesota is blessed with wonderful natural resources.

Anglers, hunters, bird watchers, hikers and people who

simply enjoy the peace and serenity of our forests should

not be forced to tolerate lawbreakers who run roughshod and

with impunity through our state's pristine trout streams,

waterfowl habitat and upland forests.

Truth is, there ARE laws right now protecting wetlands!Also, when plans are proposed to bridge OVER streams, the proposal is met with, "that would shade the stream too much and affect trout spawning or migration". WHAT would be a reasonable solution in regards to crossing streams?

We are confident that responsible ATV riders and

organizations representing responsible riders will join us

in enthusiastically supporting this common-sense

legislation.

Rep. Paul Thissen, DFL-Minneapolis, and Sen. John Marty,

DFL-Roseville, are members of the Minnesota Legislature.

© Copyright 2005 Star Tribune. All rights reserved.

I'm responsible but, I see a few major flaws in this legislation prinited above plus, since there are other so called "common sense" legislation that these two Senators are asking for that was not in print. NO tire lugs over one-inch tall and car size license plates to name a couple. I have listened to Senator Marty's "common sense" for quite a few years now. I also fail to see the commmon sense of WHY representatives down here in the cities seem to be the only ones who have a real big problem with the ATV recreation. I'm NOT saying others don't see problems but, they are willing to work with people to make the recreation better.

Senator John Marty (DFL)

District 54

E-mail: [email protected]

Capitol phone: (651) 296-5645

Capitol address: *323 State Capitol

St. Paul, MN 55155

Home: Roseville

Representative Paul Thissen (DFL)

District 63A

E-mail: [email protected]

Capitol Phone: (651) 296-5375

Capitol Address: 301 State Office Building

100 Rev. Dr. Martin Luther King Jr. Blvd.

Saint Paul, Minnesota 55155

Home: Minneapolis;

[Ely Lake Expert]

Dave,

I am with you on alot of this. It seems to me like antiatv politicians really like to overexaggerate what happens out in the real world. It is bothersom to me to read articles like this at times, though I have read some that are more biased. To add to what you said about the tires, I read in a different article that they want to make snorkel kits illegal too.

Ryan

[churla]

I also fail to see the commmon sense of WHY representatives down here in the cities seem to be the only ones who have a real big problem with the ATV recreation. I'm NOT saying others don't see problems but, they are willing to work with people to make the recreation better.

Dave - You seem to have a good understanding ot this ATV stuff. I live in Andover also - caught a small part of the City Council meeting - they were talking about snowmobile and ATV's in our area. Do you know what's up?

Thanks in advance.

[Dave]

ELE, I forgot about the snorkel ban. Thanks for mentioning that. Also in the legislation, THAT WAS NOT PRINTED, is they want to restrict riders to age 16 and older. That's not going over very well with me, since one of my sons will be 12 this fall and the other is only two years behind him from riding on public land. And, I'll place a very large bet my boys ride more responsibly than a lot of adults; because I took the responsibility to teach them.

Churla, welcome to FM! And, no, I haven't heard anything about snowmobiles and ATVs from the city. Looks like I should be paying more attention around home too. Please, keep us informed if you will.

[Eiger0304]

Dave, I like your point about the "The One Bad Apple". In the story it talks about 3000 tickets issued in a 12 month period and how a C.O. was laughed at. Wonder how many times this happened during the last 3000 traffic stops with an automobile. Also, the comment by the C.O. "It's the cost of doing business". nice comment. Lets talk about the speeders on our roadways. I see people daily being pulled over for speeding on way to and from work daily. Do you think they all slow done? NOPE!! Must be "The cost of doing business". How about when someone does a lawn job through a residential neighborhood. Just because of, "One Bad Apple", maybe we start banning automobiles going through neighborhoods.

Seems like the majority of our laws are created because of "The One Bad Apple".

[Joe Harty]

Dave, thanks for taking the time to do what you do. I'm with you on all of this. There sure are some powerfully biased folks trying to make us go away, well guess what, we are not and ATV purchases are going up and up....they want the NFL....NO FUN LIFE !

lakeman

[Dave]

Thanks, Lakeman. Just make sure to be active, round up other riders and speak up to your state representatives and DNR.

[northman]

What gets me is that now they are working on new atv legislation when old legislation is still on going. I am talking about the law to make all state forests closed to atv riding unless they have a sign posted open. The dnr might not get done inventoring all the forests untill 2008 maybe. then those new laws will take effect. In the mean time other new laws are taking effect. I just don't know?