Editorial - The Facts On 2004 ATV Citations

[Dave]

From the Start Tribune opinion editorial

Tom Hackbarth and Maxine Penas: ATVs damaging public lands? Look at evidence

Tom Hackbarth and Maxine Penas

January 29, 2005 HACKBARTH0129

Over several sessions the Legislature has acted aggressively to address issues of all-terrain vehicles (ATVs) and other off-highway vehicles (OHVs) on public and private lands.

Penalties for improper use of ATVs were increased and updated to allow for restitution by riders who intentionally damage public lands. Enforcement funding was dramatically increased and a system for trail development was instituted to allow for use of ATVs on designated trails only. These actions were accomplished by the Legislature working with responsible statewide OHV groups.

Unfortunately, the proposal put forth by state Sen. John Marty and Rep. Paul Thissen (Commentary, Jan. 13) threatens to undo the balance incorporated in these past legislative actions.

They noted in their commentary that most of Minnesota's OHV owners are conscientious and responsible. We agree. They also argued that it is not just a handful of "bad apples" who are responsible for the damage. After noting that more than 3,000 tickets and warnings were issued to OHV operators, they go on to indicate that a "significant number of irresponsible riders speed, tear up wetlands, endanger themselves and others and defy state laws."

Citations and warnings issued by DNR conservation officers in 2004 do not support the authors' claims.

For example, a total of 982 actual ATV citations were written in 2004. In addition, 1,640 warnings were given out. Obviously, if it were as bad as indicated by the writers, any reasonable person would have to surmise that conservation officers would have written all of the tickets as citations, not as warnings.

Now, let's review those citations. Of the 982, the largest group (330) were written for failure to display or possess a valid registration. Clearly, this one-third of the citations had nothing to do with speeding, tearing up wetlands or endangerment. They just failed to register their ATV.

The next highest group of citations was 190, for operating on an improved county road. Again, no damage to public lands. Next came 125 citations, probably issued to parents, who allowed their children to operate ATVs illegally.

Regarding specific claims made by Marty and Thissen, there were 76 citations for operating in a closed area, 5 for excessive speed, 12 for careless or reckless operation, 28 for trespassing on posted or agricultural lands, 14 for operating on a non-ATV designated trail, and 2 for damage to property.

Considering there are more than 200,000 ATV operators in Minnesota, does this sound like a problem that is out of control or in need of punitive fines and wholesale forfeiture of machines?

To put this in some reasonable perspective, last year snowmobile operators were issued a total of 1,277 violations and 1,234 warnings, which appear to us to be very comparable to ATV violations. No one is calling for forfeiture, nor should they, of their snowmobiles.

Tom Hackbarth, R-Cedar, is chairman of the Environment and Natural Resources Committee in the Minnesota House of Representatives. Maxine Penas, R-Badger, is a member of the House.