OMRA Legal News 
OMRA Legal News
NOHVCC News
This weeks newsletter contains:
-------NOHVCC
TESTIFIES AT CPSC ATV SAFETY HEARING
NOHVCC
TESTIFIES AT CPSC ATV SAFETY HEARING
(From: Steve Casper, Communications Director, NOHVCC)
Morgantown, WV—The National Off-Highway Vehicle Conservation Council (NOHVCC), along with 37 other groups and individuals, met with the federal Consumer Products Safety Commission (CPSC) panel June 5 for a hearing investigating ATV safety issues.
Prior to the hearing, the commission stated that it was “concerned about the dramatic increase in ATV-related injuries and the continued increase in ATV-related deaths, and believes that holding a hearing will provide an opportunity for the interested public o share their concerns about ATVs and ATV safety.”
The CPSC is the federal agency which banned the sale of new three-wheeled ATVs in 1987 and set forth the groundwork for the Consent Decree which held the motorcycle and ATV industry to new safety standards which included safety training programs, warning labels and posters, and sales restrictions on adult-sized ATVs to younger riders.
Up for discussion during this first hearing in West Virginia was whether the CPSC should implement any new federal laws or restrictions regarding ATV use, safety training, and “performance standards” for the machines themselves.
Testimony was heard from a wide range of groups and individuals including pediatricians and trauma surgeons from the region (which has the highest ATV-related injury rates in the country), a coalition of environmental groups, and several ATV advocacy groups including the AMA, ATVA, ASI, SVIA and NOHVCC.
NOHVCC Executive Director Russ Ehnes spoke at the hearing and reported, “What the commission saw was that the overwhelming majority ATV-related injury that occurs in this country is because the rider was breaking at least one of the major safety rules set forth by the manufacturers of the vehicles. We saw numerous statistics regarding riders not wearing a helmet, riding double, riding on paved roads with automobile traffic, and alcohol use. As far as children being hurt, it was found that it was almost entirely occurring with their use of adult-sized ATVs rather than the smaller machines built for youth-sized riders.”
Ehnes continues, “We argued that in order to decrease injuries, the CPSC should put their efforts towards supporting increased training opportunities for ATV riders to educate them about proper riding gear, teach them safe riding techniques, and improve their riding skills. We also need help parents to be more responsible about letting kids use ATV that don’t fit and letting kids ride unsupervised. In addition, we feel that the CPSC should encourage state legislation in the states that don’t require helmet laws for youth riders, as well as implementing laws regarding the warned-against behaviors which are causing so much damage to the riders who break the rules.”
Also testifying at the hearing were NOHVCC Pennsylvania State Partner Dick Lepley, with the dealers perspectives, and NOHVCC Pennsylvania Alternate Partner Mike Babusci with the state association’s comments.
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NOHVCC
SUCCESS STORY: INDIANA OPENS FIRST STATE-SPONSORED RIDE PARK
(From: Steve Casper, Communications Director, NOHVCC)
Sullivan County, Indiana—Thanks to the tireless efforts of NOHVCC’s Roy Garrett and Gary DeLong along with others, a 600 acre site in southern Indiana has just become the first state-sanctioned ride park for Hoosier off-highway enthusiasts. Motorized users have actually used the site, formerly known by locals simply as Redbird, clandestinely since the ‘70s. It contains the remains of a 1940-era coal mine and features lots of steep inclines and muddy swamps. When things were appearing to get out of hand at the site, the Indiana Department of Natural Resources decided to step in and begin the process of legitimizing the site to make a safe and clean venue for riders and drivers of off-highway vehicles.
Although it took quite a few years and lots of hard work on the part of activists like Garrett and DeLong, the project finally came to fruition this year as the park had its grand opening this month. The site retained its historical name (the original mine was run by the Redbird Coal Company) with its official moniker being the Redbird State OHV Park.
“The Indiana OHV community is ecstatic about this,” says Garrett. “There has literally been no public ride areas in this state for over 30 years. And I feel this is just the beginning. If we make this work, we can do much more. We’re already working on another southern Indiana site by Lynnville that should be ready to go in a couple of years.”
Garrett also wanted to make sure that the Indiana 4-Wheel Drive Association, the Indiana DNR (specifically Nyla Armstrong of the Dept. of Recreation) and DIRT (Discover Indiana Riding Trails) got credit as the primary forces involved in Redbird’s success. “The reason this happened is because of all these folks who never gave up and wanted to see this happen no matter what. And in the end, it did!”
Funding for the Redbird comes from three areas: 1) Registration fees paid by vehicle owners to ride on designated public areas, 2) Recreational Trail Program federal funds from gasoline taxes paid by OHV users, and 3) Daily riding fees paid by visitors to Redbird State Riding Area.
Some interesting facts about Indiana as it pertains to off-highway recreation.
CAMPGROUND HOST OPPORTUNITY
(From: Randy Peterson)
Wanted: Off Highway Vehicle (OHV) enthusiasts, avid campers, and people who enjoy meeting and working with other people. The Oregon Department of Forestry is announcing the opening of Volunteer Campground Host opportunities on the Tillamook State Forest at Browns Camp OHV Campground. The Tillamook State Forest is located within the Coast Range Mountains of northwest Oregon. Browns Camp is about a one hour drive west of Portland, Oregon.
Browns Camp is set up to accommodate OHV enthusiasts. It is a rustic facility located adjacent to the Devils Lake Fork of the Wilson River and surrounded by OHV Trails. There are 29 campsites and a large day use staging area. Water, garbage and recycling service, vault toilet facilities, and a separate children's/beginners riding area are provided. It is open from March 1st through November 30th.
The Camp Host plays a large role in welcoming visitors to Browns Camp and sharing information about the campground and the OHV Trail opportunities on the Tillamook State Forest. In this role the Host is a positive representative of the Oregon Department of Forestry and the OHV Community.
For more information about Volunteer Camp Host opportunities at Browns Camp please contact Randy Peterson at (503) 359-7470 or Rpeterson@odf.state.or.us.
For Immediate Release
Contact: Bill Kresnak
Phone: (614) 856-1900
ATVA: RIDER TRAINING KEY TO PREVENT ATV
INJURIES
PICKERINGTON,
Ohio -- The All-Terrain Vehicle Association (ATVA) and the American
Motorcyclist Association (AMA) told a federal panel on June 5 that
safety training is a vital part of preventing ATV-related injuries.
The two organizations were among 37 groups and individuals who
testified before the Consumer Product Safety Commission on ATV safety during a
public hearing held at
Opponents of ATVs told the commissioners that strict regulations need
to be imposed on ATVs and ATV users. Some even suggested children under 16
should be banned from riding ATVs altogether, or that ATVs should be equipped
with rollbars, seat belts and speed governors.
But the ATVA and AMA argued that that instead of further regulation,
the CPSC should support increased training opportunities for ATV riders to
educate them about proper riding gear, teach them safe riding techniques, and
improve their riding skills.
Among others who joined the ATVA and AMA in support of increased ATV
training opportunities were the National Off-Highway Vehicle Conservation
Council, the BlueRibbon Coalition, the ATV Safety Institute, the Specialty
Vehicle Institute of America, the National 4-H Council, and various
individuals
The information and data contained in this newsletter was obtained from sources believed to be reliable, but accuracy is not guaranteed. Neither the information, nor any opinion expressed, constitutes an opinion of The NOHVCC.
Moderator's Note:
Okay, this is a partisan notice as it addresses California and
legislative efforts in California. For advocates of recreation
opportunities on public lands, this is an example of the level of
effort that is needed; at the state and federal level.
Election year 2004 is fast approaching. Does your elected
representative support multiple use access to public lands?
Contact: Roy Denner, ORBA President
(619) 449-0778
FOR IMMEDIATE RELEASE
OFF-ROAD BUSINESS OWNERS MAKE STRONG PITCH TO STATE
LAWMAKERS
Capitol Visit Focuses on Increased Recreation Demand While OHV
Opportunities are Rapidly Decreasing
SACRAMENTO (June 15, 2003) - Roy Denner,
president and CEO of
the 250-member Off-Road Business Association (ORBA), told Senator
Denise Moreno Ducheny (D-San Diego) that his organization desperately
needed her help in passing legislation that would add more
off-highway vehicle (OHV) parks in California.
"I not only support more OHV parks in
California, but I want you
to know that I am on your team to secure a site for off-road
enthusiasts in San Diego County for an OHV park," said Ducheny.
"I
fully support your efforts to secure an OHV park for off-road
enthusiasts in San Diego County. I supported recent legislative
budget action to fund an OHV park in Riverside and other areas of the
state and I will work hard to preserve access to the Imperial Sand
Dunes Recreation Area. Off roading is great family recreation and I
fully support it."
Denner was joined by seven ORBA board members
and Jim McGarvie,
ORBA senior vice president, who recently walked the halls of the
California State Capitol talking to lawmakers and their legislative
aides about the importance of off-road recreation in California and
the fact that recreational opportunities are declining every year.
"This visit to the Capitol was critical
for our association and
our members," said McGarvie. "ORBA is only two years old;
however,
ORBA members represent approximately $3.7 billion to the state's
economy. We are concerned that anti-access groups throughout
California are working diligently to restrict our access to public
lands."
Denner and his group told Senate and Assembly Members
that while
OHV registrations have increased 144 percent over the past 22 years,
the land available for off roading recreation in the California
desert has decreased by 48 percent during that same period.
Joining Denner were ORBA business owners Cory
Hove, ALBA Action
Sports in Poway; Rocky Trevino, Cycle Parts West in Spring Valley,
Tracy Hopper, Fiber-Tech in Santee; Grant George, Funco Motor Sports
in Rialto; John Pederson, Southern Motorcycle Supply in San Diego;
Roy Dehban, KAR TEK in Corona and Britt Dhalliwal a Holtville rancher.
"Our association is relatively new, but we
are motivated, and we
are getting more involved in politics," Denner said. "We are
upset
that hypocritical anti-access organizations have been influencing
what the politicians will do and how they vote without input from off
road groups."
Denner said that Senator Dennis Hollingsworth
(R-Murrieta) is
just one of the many state lawmakers who is fed up with the
government's out-of-balance sense of priorities.
"The Endangered Species Act (ESA) makes no
distinction or
priorities as to what needs to be protected and environmentalists
have used the Act to shut down vast areas from the public,"
Hollingworth told ORBA members. "The ESA harms people, property
rights and the very animals it was designed to protect. We must get
organized, become activists and link with like-minded groups and take
back our public lands for all the people."
Pete Conaty, ORBA lobbyist, accompanied the
group on this first
ORBA visit to the Capitol and emphasized to legislators the
importance of getting behind legislation that would add three new
managed off road recreation areas in California, including one that
is desperately needed in Kern County.
"I overwhelmingly support the off-highway
vehicle program and
the need for such a project in Kern County," said Assemblyman Kevin
McCarthy. "I am confident that this measure is a testament of what
can be accomplished when initiative is taken to get things done for
our constituents and I will be rallying my colleagues to get behind
it."
Denner said that the $49 million earmarked for
the new OHV parks
and upgrading of an existing park near Sacramento, is OHV trust money
already set aside for land acquisitions. No money for these new
parks would come from the general fund, he said.
"Several legislators have asked us the
question 'how much land
is enough?'" said dune buggy builder Grant George. "Our answer
is
simply how much land will be required within the next 40 years when
this state's population is expected to double. Most of us have
children and grandchildren and there isn't one of us here today that
isn't worried that our kids won't have a place to ride."
Assembly Majority Leader Marco Antonio
Firebaugh (D-South Gate)
told George and other members of the ORBA contingent that he is very
supportive of off-road sports given his own personal experiences.
"These sports are growing in popularity and they provide quality
recreation for our families," said Firebaugh. "I would much
rather
see our kids riding trails and than hanging out in the streets and
getting into trouble. I am supportive of reestablishing some balance
in our policy toward off road activities."
###
ORBA is a trade association composed of off-road related businesses
united to promote common goals that support the prosperity and growth
of the off-road industry. Off-road volunteer organizations that are
working at the grass-roots level on specific land use issues can
appeal to ORBA for financial and political support. ORBA Directors
will decide which issues to support based on potential impacts to the
off-road industry.
--
John Stewart
Director, Environmental Affairs,
United Four Wheel Drive Associations, http://www.ufwda.org
Recreation Access and Conservation Editor, http://www.4x4wire.com
Moderator, MUIRNet - Multiple Use Information Resource Network