THE VERY BEST WAY IS TO SUE!

i see so many people spending tons of money on mods and so much time doing research on how to modify to mnake it street legal going through hoops and circles to get it done.... THE SMARTER WAY would be to sue, which would benefit ALL OF US, instead of just benefiting yourself.

Are you going to let some effed up law prevent you from your constitutional 14th amendment right to travel??

I would reccomend going to the nearby federal courthouse and ask them for information on how to sue the DMV. it is NOT hard and it does not have to be done in a professional legal manner...you just have to satisfy the court rules which they will help you with.

Here are some ideas for arguments:

The 14th amendment states that the Equal Protection Clause mandates EQUAL PROTECTION for all who are similarly situated....in other words, why are motorcycle riders allowed to drive on the street, but not atv riders? This is Unconstitutional.

Since we are dealing with a "fundamental right", namely, the right to travel, STRICT SCRUTINY applies. This means that in order for the ban on ATV onroad use to remain in place, the BURDEN is on the DMV to show:
1. A compelling govt interest in the ban
2. that the ban is "narrowly tailored"
3. That the "least restrictive means: were used to accomplish the compelling govt interest

I think it is fairly easy to show that the least restrictive means here was NOT USED by the DMV. For instance, if the govt interest was safety, the govt can mandate safety requirements such as headlights, blinkers etc.

If the DMV cannot satisfy all requirements stated above, the ban is unconsittuional

And even if this does not come under the "right to travel" i.e. a 'fundamental right', then The Rational Basis test is used/ Is the ban rationally related to a legitimate government interest? (the burden will be on you, the plaintiff, to prove that it isnt)

I went to law school and am considering suing the NY DMV myself because they wont allow onroad use and i just spent over $8,000 on a 2008 brute force 750. It can hit over 70mph, it has low and high beam, it has an electronic speedometer built in, front and rear brakes ALL STANDARD. There is no reason i cant drive this thing on the street and gotta take flack from the local police. Screw that! ill take them to court and i encourage EACH AND EVERY ONE OF YOU to sue, either by yourself or by a lawyer. This is discrimination and we atv riders should not stand for it.

Just a note; if you cant bring the action in federal court(i dont think a state can be sued in federal court although perhaps the dmv can be) then bring it to State court....all the same.

if anyone needs any legal questions answeered or has any questions feel free to email me and i will help whereveer i can; (waterfront95@aol.com) PROPS to the go getter who sues and gets this damn law changed for good. How awesome would it be to just be able to hop on the quad and gun down the street? daymmm

COME ON GUYS! I WANNA SEE SOME LAWSUITS! DONT LET THESE GUYS GET AWAY WITH THIS DISCRIMINATION!

 

I believe that one of the deciding factors for atv's to not be legal was the fact that they never had a differential and for this reason were considered unstable on public roads at high speeds. I may be wrong but, it would be nice to cruise into town for milk and bread on my sportsman.

 

the machine is not designed for high speed on asphalt ,they get to squirly

 

If you slap on normal tires, it wont "squirl". I was doin 60mph on a private road with my new 08 brute force 750, and it handled fine.

It depends on the tires and the type of atv.

I agree with you that a complete allowance of all atv's is not reccomended....but a complete ban is WRONG.

It should be allowed, with restrictions to conform with safety standards

 

You don't even have LEGAL OFF ROAD riding ares in NY and you want to legally ride down the asphalt lol. You guys crack me up buying atv's with no place to ride. Want a good idea, contact your manufacturer and ask them why are they selling the public atv's with no place to ride. Thats a start.

 

Or....just trade in your ATV for a motorcycle and don't worry about it.

 

WRONG! I OWN HUNDREDS OF ACRE ALL OVER THE PLACE. Most people who can DROP $8K ON AN ATV can afford to buy land as well. That isnt the point. The point is it should be allowed on the street

 

As long as they follow the rules of the road and stay off of freeways and the like I can see no reason why they shouldn't be allowed to operate on the road especially on gravel, secondary roads and city streets. If people don't behave themselves then cite them like you do anything else. After all everyone is squealing about fuel economy and not driving your gas guzzling truck or car why not let ATVs be driven on appropriate roadways.

I'm fortunate enough to be able to do that where I live. As long as you're not blocking traffic by riding down a primary highway you're allowed to ride around the county and in town as long as you have a flag and wear a helmet. Lots of farmers use them to go into town or to get around to their various farms. Elderly folks use them to get around on. No big problems arise. The worst problems we have with ATVs are trespassing and people who put loud exhaust on them. Riding on the road isn't a problem.

 

street tires would be good ,and no highway riding ,secondary only

 

it's legal to ride them anywhere.......if you don't get caught[img]i/expressions/face-icon-small-wink.gif[/img]