| Proposed ATV Legislative Concepts |
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| Background |
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The Oregon Parks and Recreation Department (OPRD) has proposed four new laws for the 2007 Oregon Legislature. Each proposal deals with some aspect of all-terrain vehicle (ATV) safety or protection on public lands.
Why has the department proposed new laws?
The Oregon Parks and Recreation Department is responsible for selling permits to ride ATVs on public lands, funding ATV projects (such as improvements to riding areas) recommended by its ATV Account Allocation Advisory Committee, and safety training. ATV riding is an increasingly popular family sport. Permit sales have nearly doubled since 2000. As more people take up riding, more injuries and deaths are occurring.
At the urging of the ATV Advisory Committee, OPRD studied safety issues while working on the 2005 Oregon Statewide Motorized Trails Plan. Based on recent trends, the department has decided the only responsible course of action is to propose laws to improve rider safety. Working with members of the ATV community and recognized ATV safety experts, the department produced four proposals to improve rider safety on public lands for Class I (3 or 4-wheel straddle the saddle vehicles) and Class III (dual sport or dirt bike off-road motorcycles) all-terrain vehicles. The four proposals are listed below.
When will the proposals be considered by the legislature?
Governor Kulongoski has filed these proposals in advance of the upcoming session of the Oregon Legislative Assembly. The legislative session begins January 8, 2007. The legislative process involves extensive review and public testimony.
Public involvement
Before the state legislature convenes in 2007, OPRD will publicize information to explain the proposals and gather feedback from riders and others. Send OPRD your name, email address, and mailing address to stay informed (by email to atv.info@state.or.us, or by regular mail at Oregon Parks and Recreation Department, ATV Coordinator, 725 Summer St NE, Salem OR 97302).
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| Proposals |
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Passenger safety
Most ATVs are not designed to carry passengers. Attempting to carry passengers on those ATVs can make them unstable. Accidents involving ATVs with passengers killed fifteen people in Oregon between 1984 and 2004. Passengers are far more likely to be injured or killed than drivers.
Proposal 1: Passenger restrictions for Class I and Class III all-terrain vehicles. Only vehicles designed to transport more than one person will be permitted to carry passengers. Manufacturers state whether or not a vehicle is suitable for passengers.
Helmets
A recent Consumer Products Safety Commission study reported, “Helmets could have saved the lives of nearly 25% of the people who died from head injuries in ATV-related accidents.” Currently in Oregon, only riders under the age of 18 are required to wear a helmet.
Proposal 2: Helmets required for all Class I and Class III all-terrain vehicle operators and passengers. This would require helmets on all Class I and III all-terrain vehicle operators and passengers, regardless of age, on land open for public use.
Titling
Oregon has no law that requires proof of ownership when selling a used ATV. As such, stolen ATVs may be sold easily in Oregon.
Proposal 3: Mandatory Class I and Class III all-terrain vehicle titling. This would require all new or used Class I and III all-terrain vehicles purchased after January 1, 2008 for recreational purposes on land open for public use in Oregon to be titled through the Oregon Department of Transportation. This doesn't cover vehicles sold before 2008, but anyone can title a vehicle bought before 2008 if they want to. Law enforcement officials can use title information to identify and recover stolen vehicles.
Safety training
As ATV riding becomes more popular, deaths and injuries are increasing. Over the last 20 years, 109 people have died in ATV accidents in Oregon—half of those deaths are in the last five years (2000-2005). Safety training is available, but very few people complete a training course. Under Oregon law now, the only people who need safety training are:
- Youth (Class I up to age 15 and Class III ages 7-15)
- Those 16 years and older who do not have a valid driver’s license.
Proposal 4: Mandatory safety training for all Class I (ATV) and Class III (off-road motorcycle) operators. This proposal would require training for all Class I and III all-terrain vehicle operators on land open for public use in Oregon. The Department will create a statewide ATV safety and education training program. Similar to the popular and successful Oregon State Marine Board boater safety program, ATV safety training would be phased in slowly over several years. Young riders would be the first to receive training, and it would probably involve online or CD-based instruction.
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| Support |
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These groups have reviewed and support the department’s proposals:
- All-Terrain Vehicle Account Allocation Committee (All proposals)
- Oregon Department of Transportation (All proposals))
- Oregon Department of Forestry (All proposals)
- Oregon State Police (All proposals)
- U.S. Forest Service (All proposals)
- Oregon Nurses Association (Proposal 2)
- National Children’s Center for Rural Agricultural and Health Safety (Proposals 1, 2, 4)
- American Academy of Orthopedic Surgeons (Proposals 1, 2)
- National Safety Council (Proposals 1, 2)
- Specialty Vehicle Institute of America (Proposal 2)
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