<div class="FTQUOTE"><begin quote>I live in LaGrande Oregon and the forest I am referring to is the Wallowa Whitman, nothing is posted yet, the process is still ongoing with the oportunities for public involvement and so on.</end quote></div>

I took a quick look at your local Nationa Forest. Looks like a lot of land and lot a lot of access in general. One thing that caught my eye was the lack of ATV representation in the analysis report. STarting around page 40, it looks like a set up for the environmentalists and bird watchers (literally). They show some goofy statistics showing bird watching to be the largest growth reason for coming to the parks. Zero mention of ATV or OHV use. At least it is early in the process for you folks up there. It seems you have a decent case for level 2 usage and even level 1 usage in certain places.

Forest Service Analysis

 

There are 2.5 million acres here. Many of the safety issues present in some areas are not found here because most riders seldom come in contact with each other. Two Thirds of the forest is already wilderness or some other restricted useage area. As access to the remaining forest is denied use on available areas will increase tremendously. With congestion comes problems. Attempts to bring this to public awareness is hampered by several things. Local press picks and chooses what to print and thus distorts facts, The ODFW will go to any length to get as many trails closed as possible so as to appear politically correct. The USFS will close trails and roads because they feel they have a mandate to do so. The entities attempting to close everything down are emphasizing any negative aspect they can (safety being one) to get the general public to support the closures.....There are many individuals and groups trying to present common sense but the opposition is strong......Tass

 

Grandfather Faces Charge In ATV Accident

Posted: December 21, 2007, 4:00 PM

Graham, NC

Almost four months after a 3-year-old Graham boy was killed in a 4-wheeler accident, his grandfather was charged with involuntary manslaughter this week.

On the night of Aug. 24, 49-year-old Wayne David Shepherd Jr., of Crescent Road, Whitsett, was riding his grandson, Kaleb Curtis, of North Main St., Graham, on his Yamaha 4-wheeler in a field on U.S. 70 near Whitsett in Guilford County.

North Carolina Highway Patrol Trooper R.M. Robertson said shortly after the accident that as Shepherd got ready to make a u-turn, the boy "reached up and grabbed the thumb throttle, which accelerates the gas."

The two fell into a small 3-foot ditch. The 4-wheeler, Robertson said, rolled on top of both of them. The 3-year-old boy suffered a traumatic head injury and was taken to Moses Cone Memorial Hospital in Greensboro where he died later that night.

Sgt. A.W. Waddell, with the Highway Patrol's public information office, said Friday that investigators and prosecutors involved in the case took their time in bringing charges to make sure they looked at all the evidence and also to give time for the family to grieve the loss of the child.

"You are talking about a situation that involves family," Waddell said. "It's not an easy thing."

He added, "You want to do what's right, you want to do what's fair.

"This is family. Nobody wins."

Involuntary manslaughter, as defined by law, is when a person kills another as a result of careless or reckless behavior.

Waddell said that Robertson, who was investigating the wreck with the Guilford County Sheriff's Department and the District Attorney's office, noted in an accident report that the Grandfather showed signs that he had been drinking the night of the accident.

The report, Waddell said, showed that Shepherd was given a test, though it didn't specify which one. He added that charges for being impaired were not pressed against Shepherd because he was on private property.

***************************************

While we've lost the "recency effect" associated with the tragedy, I do not disagree with the NC police investigator's reasons for delaying the filing of charges in this totally preventable death of a 3-year-old little boy while riding on an ATV. Now, so others may learn, we need to promugate the fact that the "responsible adult" is, in fact, being held responsible for the preventable death of this child.

 

It is a tragedy.. one played out many times every day. I am kind of on the fence on this as far as the law goes. I guess my gut says that as long as the law applies to every situation, and is applied fairly, then I agree with it. It was stupid act. If however the charge is because it involved an ATV, and THAT was the real reason the charge was brought, then I'd be against it. Nothing youcan do will bring the grandson back however. Grandpa will take the guilt to his grave.

The really disturbing thing here, is that I have done it myself with my own son. I got away with it. I knew it was wrong, and I thought that nothing would go wrong. That is why they call them accidents. I do not condone it, but I understand why it happened.. and I really feel for the grandpa and his family. That is why we are here, and trying to come up with ways to stop these senseless acts from happening. It all comes back to personal responsibility and acting as the adult. LEARN to say NO!!!

 

<div class="FTQUOTE"><begin quote>The really disturbing thing here, is that I have done it myself with my own son. I got away with it. I knew it was wrong, and I thought that nothing would go wrong. That is why they call them accidents. I do not condone it, but I understand why it happened.. and I really feel for the grandpa and his family. That is why we are here, and trying to come up with ways to stop these senseless acts from happening. It all comes back to personal responsibility and acting as the adult. LEARN to say NO!!!</end quote></div>

"I got away with it".. "That is why they call them accidents"I know you have been reading along the posts but what you said here disturbs me a lot. The biggest point being made is adults need to be responsible and held accountable for avoidable injuries to minors. I interpret what you wrote to mean that if some injury were to have happened to your son you would have called it an accident. If so, this really goes to the core of the problem as this totally wrong thinking. If anyone knows that something they or a minor they are supervising do could cause substantial injury then that adult is negligent and what happens is not an accident. Hope I read your comments wrong.

 

<div class="FTQUOTE"><begin quote>"It is a tragedy.. one played out many times every day. I am kind of on the fence on this as far as the law goes. I guess my gut says that as long as the law applies to every situation, and is applied fairly, then I agree with it. It was stupid act. If however the charge is because it involved an ATV, and THAT was the real reas on the charge was brought, then I'd be against it."
DB</end quote></div>

You are correct, insuring the "responsible adult" is held accountable for their actions in all matters concerning injury and death of a child is a reasonable expectation. This level of accountability is already in place in the area of DUI enforcement where an adult is found to be operating a MV under the influence of alcohol or drugs, and transporting children while impaired.

<div class="FTQUOTE"><begin quote>"The really disturbing thing here, is that I have done it myself with my own son. I got away with it. I knew it was wrong, and I thought that nothing would go wrong. That is why they call them accidents. I do not condone it, but I understand why it happened..."
DB </end quote></div>

The fact that you, and most likely thousands of others, have done this and got away with it, is exactly why we need to use incidents like this as examples to others, BEFORE the next occurrence.

The FCC requires TV and radio stations to regularly broadcast "public service announcements" (PSAs). Has anyone ever viewed an "ATVs are NOT toys for unsupervised children" PSA? Or, "Adults who allow children to operate ATVs to large for their age can, and will be prosecuted for child endangerment!" How about showing a segment of an unsafe act, followed by the re-enacted outcome. Then, the responsible adult is shown standing before a judge and pronounced guilty of a serious crime. Keep it simple, and to the point.

I will buffer my call for these fatal occurrences to be widely publicized with this. For the sake of the surviving family members, actual events should not be broadcast in the home media market of the family suffering the loss. For example, the death in Maryland of the 2-1/2-year-old who was allowed to operate an ATV for ages 6 and up, would not be rebroadcast in that market. However, that broadcast would air in North Carolina. Conversely, the death of the 3-year-old and prosecution of the responsible adult in North Carolina would be aired in the Maryland market.

In the early 1970's, it was a common practice to load a cooler with ice and beer, and place it on the floor of the back seat within reach of the driver and passenger. Once off base, we'd drink all the way to the beach, and back again. When a friend of ours was arrested, convicted, served time in the county jail, and lost two stripes after injuring a local in an "accident" -- it affected how many of us viewed the issue of drinking and driving. Not all, but many of us learned from the misfortune of our friend, and the consequences he suffered as a result of his actions. No, we'll never reach out to everyone. But, I believe we can reach out to many of the parents, and other adults who may not always think about their irresponsible actions, if not reminded from time to time.

 

Involvement in ATV Access issues has given me opportunity to ask questions of the regulatory and enforcement agencies in Oregon. As important as the enforcement of rules or law is the writing of those rules. Rules and laws are usually written with little or no public input or involvement. Safety is one of several issues put forth by State and Federal agencies in reguards to motorized use on public ground. I know that due to retirements and budget restraints public employees are being shuffled around to cover mandated positions. In order to understand where some of the comments and suggestions for future direction I ask for the professional credentials/training of a couple individuals involved in the rules making process. The value and quality of their input can be graded on their background. I have been informed that that information is none of our business. There are thousands of rules and regulations and processes and protocalls for the handling of safety issues relating to ATV's and yet here we are involved in a discussion on how to make safety work. It may be that part of the lack of enforcement or education needed to help create a safe environment is due to the fact we may not have anyone in place with the training or qualifications to do the job. For grins and giggles, give a call to a public agency and ask for the credentials of someone in your area that is responsible for motorized/ATV regulation or enforcement. All of the problems may not be with the WATCHED, it may be with the WATCHERS..............Tass

 

Eresq... Double standard? Did the rest of the crew turn themselves in and suffer the same fate? You were just a guilty correct? I think the problem is too often we jump to conclusions and try to judge without all the facts. Knowing the media, a lot more to the story is probably out there, only it does not lead to the sensationalism they call reporting... so it gets left out. I can't judge someone for doing wrong when I know that I have at one time done the same thing. I believe I'd have to recuse myself on many of the cases being cited. I was wrong, I admit it.. and I learned from it. I am older now, much wiser and probably would have to speak up and try to stop them today.
You bring up agood point where punishment shoult be an option.. all I say is that it may not always be appropriate. WHen you see DUI's get slapped on the wrist, pay a fine and be on their way, and some guy being thrown in jail for registration violations.. there is something wrong with that... it happens every day

 

<div class="FTQUOTE"><begin quote>The FCC requires TV and radio stations to regularly broadcast "public service announcements" (PSAs). Has anyone ever viewed an "ATVs are NOT toys for unsupervised children" PSA? Or, "Adults who allow children to operate ATVs to large for their age can, and will be prosecuted for child endangerment!" How about showing a segment of an unsafe act, followed by the re-enacted outcome. Then, the responsible adult is shown standing before a judge and pronounced guilty of a serious crime. Keep it simple, and to the point. </end quote></div>I agree it is important to educate people involved with ATVs to understand and practice safe ATV riding. The problem I have with PSAs they reach less of the target audience than other methods and also have less potential to be used as fuel to the camp that wants to ban all riding by underage and even those who want to ban all access on public lands.

I'd offer the alternative of making highly visible and accessible information with the same message available at places where ATV folks go. For example, all ATV shops, all riding locations, places where motorcycle oil (wet clutch) oil is sold. If you feel the need to make a strong impact than show a color photo with a kid's body crushed and bleeding by some 600 lb ATV and write in big red letters, "Parent is in prison - you are responsible!"

<div class="FTQUOTE"><begin quote>WHen you see DUI's get slapped on the wrist, pay a fine and be on their way, and some guy being thrown in jail for registration violations.. there is something wrong with that... it happens every day</end quote></div>Maybe in your state but I can say in all areas in California, DUI is a VERY serious matter. First time offense will cost around $5,000 - $10,000 but no jail, nothing near being a slap on the wrist.

 

You can put all the stickers you want on the machines.. nobody looks at them. Major brand dealers are supposed to comply with the CPSC guidelines, but don't. Your Chinese brands couldn't care less, and the guys selling them are ... well they are not abiding by them either. You got that fat warning on Cigarettes and nobody cares either. PSA's are agood idea, but who are you going ot target them to?