PaOHV Alert



Legislative Activity in Harrisburg



It hasn’t taken very long for the action to heat up on efforts to change the Snowmobile & ATV law this year. In the wake of the Governor Ridge’s late December veto of HB 1470, the Department of Conservation and Natural Resources (DCNR) has proposed numerous amendments to the transportation code, most of which have the effect of further restricting ATV and Snowmobile use by increasing regulations, fines and enforcement without planning to add anything to the miniscule trail system that now exists in Pennsylvania. They clearly want to prohibit construction of any more trails on state land. It is estimated that there are between 400,000 and 500,000 ATVs in Pennsylvania, a number that continues to grow exponentially. The DCNR has established approximately 186 miles of ATV trails in the state, a number that has stagnated for the last 15 years. Snowmobiles fare a bit better with 2,800 miles for less than 100,000 machines but much of this consists of State Forest roads and not actual trails. Many of the DCNR proposals have already made it into HB 154, the bill currently under consideration, and their intention has now been made clear.



DCNR’s position quite aggressive


The following points are taken from the January 19, 2001 proposal from DCNR. While some of them are good ideas and long overdue, others create serious problems in light of the fact that they are proposed for implementation before adding one more inch to the existing trail system. They should be taken as DCNR’s position on ATVs and Snowmobiles:



**Increase the definition of Class I ATV to 800 pounds (from 600)

**Change the definition of Class II ATV to be width exceeding 50 inches and weight exceeding 800 pounds (from 700 pounds or less and less than 58 inches)

**Prohibit money from the restricted receipts fund (registration, titles, fines, etc.) from being used for the establishment of Snowmobile and ATV trails
**Allow grant money from the restricted receipts fund to also be used for construction and maintenance of ATV trails on land not owned by the commonwealth (in addition to Snowmobile trails)

**Prohibit grant money from the restricted receipts fund from being used for construction of ATV and Snowmobile trails on land owned by the commonwealth.

**Require titles for Snowmobiles in addition to the current requirement for ATVs

**Issue registration plates for ATVs instead of the current 3.5” x 6” registration sticker.

**Slightly increase some fees related to titles, transfer/replacement of registration

**Implement stiffer penalties for dealers regarding registration and title issues.

Regulations regarding registration requirements for ATVs and Snowmobiles remain basically the same except that they want to eliminate the current exemption from registration for riding on your own land.
Institute a $50 fine for failing to carry registration certificate and display expiration sticker (added to current $50 fine for failing to display registration sticker/plate)


**Require consent from the owner of private property to now be obtained in writing before operating a Snowmobile or ATV on that property.

Make it be against the law to ride double on an ATV - $100 fine.

Require ATVs to carry liability insurance or face a $300 fine (already applies to Snowmobiles)

Increase all penalty ranges - significantly

First offense $100 to $300 - up from current $25 to $100
Second offense $300 to $500 – up from current $50 to $200

Direct that prosecution as a result of local police action will generate fines, penalties, fees and costs for the local municipalities and not the restricted receipts fund.


Expand Snowmobile Trail Advisory Committee to include ATVs and change membership significantly – All members would be appointed by the Secretary of the DCNR

PA State snowmobile Association would lose 1 of its 3 representatives.
PA Off Highway Vehicle Association would get 2 representatives (for ATVs)
1 new representative from each of the following groups
Senate Environmental Resources and Energy Committee
House Environmental Resources and Energy Committee
PA Game Commission
Allegheny National Forest
PA farm Bureau
3 new representatives who are PA residents with an interest in Snowmobile and ATV issues on private or public land
The following representatives would be removed from the committee
PA Association of Realtors
PA Landowners Association
PA Vacation Land Developers
PA Chapter of Rails to Trails Conservancy
PA Department of Commerce
PA Department of Community Affairs
Eliminate the current requirement for the secretary of DCNR to give due consideration to the recommendations of the Advisory Committee
Under committee responsibilities delete the word “shall” and insert “may” regarding “review existing and proposed regulations, standards and procedures for all trail acquisition, construction, development and maintenance.”




House Bill 154 introduces some new ideas


On January 29th House Bill 154 was introduced to amend Title 75, commonly referred to as the vehicle code. It appears as though the massive HB 1470 from the last session has been broken up and except for three lines on the second page, the entire 27-page bill relates entirely to Snowmobiles and ATVs. HB 154 was reported out of committee almost immediately. While not as aggressive as the stance taken by DCNR, it creates some serious problems. The following points reflect changes to the current law proposed by this bill:



Specifically authorizes individuals appointed and commissioned by DCNR to enforce the law by stopping vehicles, issuing citations and making arrests where required.
Increase the Class I ATV weight to 750 pounds (up from 600) and the Class II ATV weight to 1200 pounds (up from 7000
Allow grant money from the restricted receipts fund to also be used for construction and maintenance of ATV trails on land not owned by the commonwealth (in addition to Snowmobile trails)
Require titles for Snowmobiles in addition to the current requirement for ATVs
Issue registration plates for ATVs instead of the current 3.5” x 6” registration sticker.
Implement stiffer penalties for dealers regarding registration and title issues
Regulations regarding registration requirements for ATVs and Snowmobiles remain basically the same except that they want to eliminate the current exemption from registration for riding on your own land.
Institute a $50 fine for failing to carry registration certificate and display expiration sticker (added to current $50 fine for failing to display registration sticker/plate)
Make it be against the law to ride double on an ATV - $100 fine
Require ATVs to carry liability insurance or face a $300 fine (already applies to Snowmobiles)
Increase all penalty ranges - significantly
First offense $50 to $200 - up from current $25 to $100
Second offense $100 to $300 – up from current $50 to $200
Direct that prosecution as a result of local police action will generate fines, penalties, fees and costs for the local municipalities and not the restricted receipts fund
Create two new trail advisory committees after disbanding the current Snowmobile Trail Advisory Committee, which has three designated representatives from the PA State Snowmobile Association and numerous specific representatives from other areas.
There would now be two advisory committees, one for Snowmobiles and another for ATVs
All members of both committees are to be appointed by the DCNR Secretary
These members “shall represent the various interests associated with the acquisition, development maintenance and use of Snowmobile/ATV trails”
No specific reference is made to PSSA or PAOHV


PaOHV Response


Almost all of these issues were discussed at length during the January PaOHV Board of Directors meeting. The following points come from that discussion as well as some insights from subsequent communication with board members.



ATV Registration: The current law requires that all ATV's be registered. PaOHV feels there is no need to modify the current registration law. There is a need to begin enforcing the existing law. Dealers should be encouraged to register all ATV's. Adequate trails would encourage compliance with registration. 400,000 registered ATVs in Pennsylvania would generate quite a bit of money for the 186 current miles of trails but there is obviously no incentive presently. PaOHV is committed to help educate the ATV users and dealers in an effort to encourage compliance with the registration requirements. As a matter of fact we are requesting money (PARTAB) to develop a public information campaign and this will be a part of that project.





Vehicle Registration Plates: PaOHV does not currently favor issuance of vehicle plates, as it may open the door for harassment and would not improve identification beyond what exists with the current stickers. Registration stickers have been adequate identification on ATVs, Snowmobiles and Watercraft for a number of years. The problem is with individuals who don’t have stickers now and wouldn’t have plates if required. This would also lead to additional expense to mount the plates in a safe fashion (if possible) that would not interfere with the proper operation of the machines, particularly with the suspension and rear end design of current machines.



Enforcement: Enforcement has been generating over $60,000/year for the restricted fund in recent times. Fines should continue to go into this fund and therefore back into trails. Allowing local agencies to retain fines will diminish this income and lead to vigilante type enforcement situations, especially with the inadequate trails that currently exist.



Fine Structure: PaOHV supports no changes to existing fines in Chapter 77. ATV fine structure is tied to the motor vehicle code and it should be tied to trespass laws similar to other trail users. ATVs are being singled out of the group of trail users. Fines should continue to go to the DCNR.



Tighter restrictions: PaOHV is opposed to tighter restrictions on ATVs. The proposal to prohibit riding double would make it illegal to assist disabled riders, teach skills to young riders or take your spouse for a leisurely ride through the countryside. While riding double should be discouraged, it should not be made illegal under all circumstances.



Changes to disbursement policy of Restricted Receipts Fund: Currently ATV registrations and snowmobile registrations go into a common fund. The DCNR should be given the authority to grant these funds for ATV projects in the same way they are now allowed to do for snowmobiles.

PaOHV still seeks a comprehensive audit of the fund.



Gas Tax: PaOHV supports further distribution of gas tax funds into the Pa. Trails Fund to build and maintain trails. Funds for the ATV share are calculated from questions on ATV registration forms. This is another reason to have everyone registered. The gas tax allocation could also include gas for vehicles used to transport ATV's to riding areas.



Expansion/connection of Trails: PaOHV supports opening some of the snowmobile trails to ATVs during the off-season as long as they are restored prior to snowmobile season. They are also some instances where trails could be shared in the winter. PaOHV has already initiated discussion of this topic with PSSA. PaOHV also seeks further expansion of the state trail system as well as access and connections in state parks, state forest roads and other facilities, i.e. rest rooms, picnic areas, parking facilities.

Additional roads in state forests as well as trails that currently exist should be added to the legal system.



Liability Insurance: This is currently not required for ATV's but is required for snowmobiles. PaOHV is in support of amending the existing code to require insurance for all ATV's. This policy will help alleviate the responsibility each municipal agency has in providing insurance for public events. It is also felt that this position will enable the ATV community to have a better footing when seeking private land on which to ride.



Proposed written permission requirement: PaOHV is opposed to any proposed legislative change that would require ATV users to have, in hand, written permission of landowners upon whose land the ATV is being operated. No other trail user is required to have written permission. This legislation singles out the ATV user and applies tighter restriction on them in comparison to other trail users. PaOHV feels the current trespass laws (requiring landowner posting of restricted property) are sufficient. Additional laws will only lead to select harassment of ATV trail users. Until the landowner hold harmless legislation is passed Landowners have no incentive to grant "formal" permission to enter property. There are many landowners who do not feel strongly about restricting the use of ATV's on their property and chose not to exercise their right to prohibit access, however these same landowners are not interested in accepting the liability that would be imposed upon them by granting formal written permission to enter.



Landowner hold harmless legislation: PaOHV supports legislation to strengthen the current “Hold Harmless Provision” in state law for landowners who permit their land to be used for recreational purposes.


Trails Advisory Committee: Currently there is a snowmobile trails advisory committee. PaOHV supports the creation of an ATV Trails advisory committee or at least broadening the current snowmobile advisory committee to include other motorized users. We do not support diminishing this committee’s responsibilities, the requirement that its recommendations be given due consideration by DCNR or the reduction of representation by PSSA.



ATV Weight Limit: The Pennsylvania Game Commission is considering allowing disabled hunters the use of ATV's on Commission property during hunting seasons and wants to raise the weight limit, identified in Chapter 77, of an ATV. PaOHV is not in favor of having the Game Commission rewrite the definition of ATV's. The task of defining the classification for off highway vehicles in Chapter 77 should not fall to an agency with no recognized expertise with OHV's such as the Pennsylvania Game Commission. PaOHV suggests the Game Commission should develop a handicapped sticker program to be affix to any type of vehicle they would like to be defined as "acceptable for use" for handicapped hunting.



Immediate action required


The current situation is critical. This legislation is obviously on a very fast track and is expected to be put on the House floor for a vote as early as next week. ATVers are being portrayed as environmentally irresponsible by the Sierra Club in an attempt to push this legislation through quickly. They also want to push ATVs and all other mechanized recreational vehicles off public land in Pennsylvania. We need to contact our representatives immediately as well as the governor’s office to object to HB 154 and emphasize the points we would like to see passed. You certainly have enough information about what is going on and now is the time to put that information to use. Get your telephones and emails going quickly! PaOHV will be sending out letters stating our position on the above issues but the representatives need to hear it from you personally. You do make a difference!



HB 154 was introduced by Representatives PHILLIPS, ROSS, FORCIER, SAYLOR, BARD, FAIRCHILD, GEIST, HESS, LEH, MAHER, MARKOSEK, MARSICO, McCALL, McGILL, PIPPY, STAIRS and WATSON. All representatives should be contacted but these deserve particular attention since they introduced the bill. This does not necessarily mean that they are aware of all the issues. Talk to them in person in their home districts when they return from Harrisburg this weekend.



Information about who your state representative is and how to contact them may be found right here

Something just a cured to me, did I just surpass a Gordon post?

 

Just so happens that I coach Pippy's son in ice hockey....I'll get with him over the weekend and bring back the scoop. Stay tuned!

 

Thanks for the rundown, TRX430ex!

As a non-Pennsylvania resident, required to register my ATV in PA to ride National Forest and state trails, I do not begrudge the registration fee (although it went up!), because the PA DCNR builds and maintains SOME ATV trails (as you mention). I don't mind paying for a registration sticker, if the money goes toward ATVing.

I fully support PaOHV's efforts influencing reasonable ATV legislation. While non-residents, my fellow club members and I often visit PA specifically for ATVing, contributing not only registration fees, but our tourism dollars as well to the state's economy. If we can help, we'll be glad to weigh in on PaOHV's side.

Again, thanks for publicizing the pending ATV legislation in Pennsylvania.

Tree Farmer

 

I understand this bill passed the house 169-0 and was sent to the senate. Does anyone know what bill number it is in the senate.