ALERT

[Augusta]

Just an FYI guys:

The anti's are at it again, read below and please contact your elected officials.

Trails and Off-Highway Vehicles

Gwen Myers, Action Committee Chair, (952) 545-8696

The Traditional Use Coalition refined its agenda this week, as we worked toward getting our bills introduced. As detailed in the last Capitol Letter™, our original agenda included: (1) Traditional Forest Areas (non-motorized areas) in at least 50% of each state forest; (2) an enforcement bill that would increase penalties for violating OHV laws, including seizure of the vehicles; (3) an end to gas-tax funding of the OHV accounts in the DNR; and (4) the statewide elimination of the "managed" forest classification, wherein one can ride on any trail unless it is posted closed.

In meetings last week the coalition decided to leave the gas-tax funding issue in the capable hands of our friends in Minnesotans for Responsible Recreation. Their bill will be slightly different than ours would have been, thereby confusing legislators. Instead, we hope to introduce four short bills to deal with issues that have had serious implications for our citizens who enjoy our state forests – and for individuals who live in areas with significant OHV usage.

The first is an Open Bottle Bill. While it is illegal for people to drive an automobile with an open bottle of an alcoholic beverage, it is legal for them to ride an ATV or other OHV through our forests with an open bottle. This makes no sense, especially given the ATV accident rate.

Second is a Closed Ditch Bill which would penalize counties that do not close their ditches by cutting their state road-maintenance funding by 10%. It is legal for ATVs to ride in the ditches along roads and highways, but counties have the power to close their ditches. ATVs cause enormous physical damage to ditches and to individuals' driveways which cross those ditches. In addition, the ATVs destroy wildlife habitat when riding in ditches. Only Washington County has stood up to motorized recreation enthusiasts and closed their ditches. A 10% cut in state funding would be an incentive for other counties to close their ditches to ATV traffic.

A third bill, on trespassing, would standardize ATV trespass law throughout the state. ATV riders may only ride on another's private property in the seven-county metro area if given written or verbal permission by the owner. Outside the metro area an ATV rider may ride on anyone's private property unless the property is posted or the rider has been told not to ride. Once again, this makes no sense. Private property does not change its character based on its location.

Finally, if we fail to eliminate the managed forest classification, we will have a bill to rename these forests to reflect their true character. The new name will be Motorized Forests.

[Dave S]

Thanks for posting Augusta.

I can see where people would get confused and would like for you to clarify some things here if you don't mind.

Bill #1:

gives a mixed interpretation based on the text. Is the "Pro-ATV" group fighting legislation to ban open bottles on ATVs? Or are they for legislation to make it illegal to have an open bottle on the ATV?

Bill #2:

I think this one is pretty self explanatory. We stand to lose many miles of riding if this happens.

Bill #3:

This is worded to sound as if it's not posted, we can ride there. This is going to certainly stir the pot. There are other factors in place that DO NOT require land owners to post their land i.e. agricultural land.

In the case of #3, a little common sense by the ATV community should apply here. ALWAYS ASK FOR PERMISSION!

Also to be noted is property owners only need to post their land once per year. Although there are no signs immediately visible, it does not mean the land isn't legally posted and a person can/will be tickted for trespassing.

Thanks again Augusta for posting.

[Augusta]

Lep:

These three bills are being sponsored by the "League of Women Voters" they are considered anti ATV. In bill #1, they are going after "open bottle" on ATV's, but not snowmobilers or boaters. Seems kinda "one sided". Bill #2 is is self explanatory, as for bill #3, you're right, we have tresspass laws that cover tresspassing already, so why do we need one specific to ATV's? What about Snowmobilers? Hikers? This group is in close association the the group called "Minnesotans for Responsible Recreation" and we all know what they are really about.

[Dave S]

Augusta,

I thought that's where a lot of this was heading. Not necessarily common sense legislation with laws already on the books in some of these cases. More the same ole same ole with duplicating laws already on the books.

This is a great time for everyone to contact their legislators to 1) vote against the topics listed above and 2) enough of the duplicate not to mention senseless legislation.

[leech~~]

I've always knew that they will be closing the ditch riding as soon as they get enough trails put in place around the state!

[Augusta]

Leech:

They're not closing the ditches yet, the League of Women Voters are trying to force the counties into closing the ditches through cutting their state aid.

I wonder how many women riders agree with the League of Women Voters?????

[SSCHOPSHOP]

You should post this in the women forums and see there response.

[hunter101]

ive seen alot of damage done to road ditches and residential driveways done by ATV's. im sorry to say that even tho i ride i can certainly understand why many want the ditches closed. Come on people use your heads.

[leech~~]

Aug, you have to remember we are just a small group and most people would rather not see the dusty noisy machines driving along the roads. A lot of older people are worried we are going to come flying out and hit them! So, out of site out of mind I'm sure is what they would rather see.

[Scott Stein]

We post our land and the SOB'S still trespass.One set of tracks went right under a posting! I'd like to dig a 12 ft hole right on the trail they came in on and cover it with twigs/leaves so when they drive over it, they fall in and cant get out! But then I'd probably get sued or something because they got hurt!

[leech~~]

Scott, you don't post the ditches in front of your place like some of those SOB'S that put "Stay off the Grass", when they don't own the ditch!

[Scott Stein]

No thats not me! I ride the ditches so I would hate to see them closed! The place that gets trespassed on is up by Leech Lake.

[Dave S]

OK guys. Let's leave the "SOB's" out of the posts.

Do keep in mind there are situations where the property owners DO own to the middle of the road and yes, that means they own the ditch too.

[chasineyes]

What part of Leech...my parents have a place on steamboat and we ride over in martineau quite a bit. I'm always looking for more places to ride, especially private land Just kidding.

Why would there be a need to ride on private land when there are lots of trails around there. Just don't get it.

[Recon]

The key words here are " common sense" and" respect for others rights and property!" Apparently we do need more laws specific to ATV'S because some riders just don't seem to get it. Eleven years ago we bought this property, our dream place, we had no signs at the end of our drive way, other than our name, now we have three signs: Private Driveway, Keep Out, Private Property. What's next a gate? It's the few times a year that my rights are violated and the fact that we don't know these people that ticks me off and scares my wife." What some view as rights are in fact privileges that can be lost. All four parts of this bill make sense to me.

[Dave S]

Personally, I'm all for enforcing the laws we already have.

[Scott Stein]

What part of Leech...my parents have a place on steamboat and we ride over in martineau quite a bit. I'm always looking for more places to ride, especially private land Just kidding.

Why would there be a need to ride on private land when there are lots of trails around there. Just don't get it.

Were actually down by Hackensack.There is the Woodtick Trail, and tons of logging roads to ride on, so I don't get why they have to trespass either!

[Tyler23]

probley the perticular group up around walker that likes to wreck everything and dont think the rules apply to them. i wont say the name of it tho i think anyone thats been in that area knows.