OMRA Legal News

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July 9, 2003

For Immediate Release

Contact: Tom Lindsay

Phone: (614) 856-1900

Fax: (614) 856-1920

AMA APPLAUDS NEW PENNSYLVANIA HELMET LAW

PICKERINGTON, Ohio -- The American Motorcyclist Association commends Pennsylvania's legislators and Gov. Ed Rendell for modifying the state's helmet law to allow adults to ride without helmets under certain conditions.

Following more than two decades of effort with the support of the AMA, ABATE of Pennsylvania succeeded in getting legislation through the General Assembly and onto the governor's desk to change the helmet law.

Rendell stated on the campaign trail last spring that he would sign the legislation into law if it cleared the General Assembly and he became governor. Rendell earned the governor's seat, and on July 6 he kept his campaign promise, signing the bill into law.

Under the new law, which takes effect in early September, motorcyclists 21 or older who have had a motorcycle operator's license for at least two years, or who have completed an approved motorcycle rider safety course, may decide for themselves whether to use a helmet. Passengers 21 or older riding with riders who meet the requirements of the law also have a choice in helmet use.

Charles Umbenhauer, state lobbyist for ABATE of Pennsylvania, said ABATE has worked on this issue for decades, and in 1998 got a similar bill to the governor's desk but that measure was vetoed.

The AMA has helped ABATE of Pennsylvania with its push over many years. This year alone, the AMA not only wrote to Pennsylvania lawmakers but sent letters to almost 10,000 AMA members in the state urging them to contact their legislators to support the bill. In addition, the AMA kept Pennsylvania motorcyclists informed by posting notices on the AMA website at www.AMADirectlink.com and urging members to send messages in support of the helmet-related legislation to their lawmakers through the AMA Rapid Response Center on the website.

"This new law is a great victory for ABATE of Pennsylvania and motorcyclists in the state," said Sean Maher, AMA director of state affairs. "It shows that preparation and persistence pay off, and the importance of having dedicated individuals like Charles Umbenhauer working on motorcycling issues year after year."

Landowners win ATV court fight with town

LYNDEBOROUGH - A Superior Court judge's ruling that state laws allowing people to ride all-terrain vehicles on privately donated tracts of land supercede local laws blocking the practice could have implications in many towns statewide where riders and residents are butting heads.

In his decision on a lawsuit brought by the Town of Lyndeborough against Larry Boisvert and his mother, Barbara Boisvert, who own large tracts in Lyndeborough and Mont Vernon, Judge Robert J. Lynn of the Hillsborough County Northern District also ruled that towns have the right to "adopt reasonable measures" on various areas considered potential nuisances by opponents.

Although the ruling affirms the state law allowing landowners to open land to become part of the state Bureau of Trails system, towns can regulate hours of operation, placement of picnic, sanitary, parking or rest areas, whether to allow special events, the number of ATVs on the land at one time, and they can "ensure the orderly and safe flow of traffic in and around the property."

Lynn wrote that "local regulations are preempted if they either directly conflict with the terms of a statute or their application would frustrate the purpose which the Legislature sought to accomplish."

Town Attorney William Drescher had argued that state law does not supercede, because the state law establishing the donation of land to the trails system allowed no mechanism for public input, but Judge Lynn addressed that by including the regulatory provisions.

Landowners should not be forced through a time-consuming and costly site plan review by the town because that would "completely frustrate" the purpose of the law, Judge Lynn wrote. Lynn noted that aside from coverage under a state insurance policy, landowners receive no monetary benefit from allowing the land use, and a requirement to entering the trails program is that they charge no fees.

Recent amendments to the Lyndeborough zoning ordinances designed to block Boisvert's plan directly conflict with state law, RSA 215-A, Lynn wrote. That 2001 change requires the planning board to deny approval for any recreational use that "adversely affects property values," results in increased noise or is "a nuisance to abutting properties."

Although many Granite State towns, including Mason, Ossipee and Hampstead, are experiencing disputes between riders and residents, the Lyndeborough case started when Boisvert applied to the town in August of 2001 to operate a commercial recreation area. That plan would have included off-highway recreational vehicles, paint ball park and overnight camping, but that was denied by the planning board. The zoning board upheld that decision based on the zoning ordinance's prohibition of campgrounds.

Boisvert then appealed to Superior Court, and again the ZBA was upheld.

In July 2002, Boisvert withdrew his plan and announced he was going to open his land to the public through the state trails system, with the town responding that he still needed a site plan. The lawsuit was filed and trail preparation work on Boisvert's land ceased. Residents in neighboring Mont Vernon also have opposed ATVs on Boisvert's land that lies in that town.

"The biggest door has opened for me to pursue dreams I've always had," Boisvert said, noting that this ATV trail plan would be the first phase of those dreams.

"My hope is that the riders will be absorbed into the environment without any adverse effect to the neighbors or the town," he said.  Lyndeborough selectmen were unavailable for comment yesterday, and Drescher was on vacation.

OFF-HIGHWAY RIDERS RESPOND TO SAFETY PETITION DRIVE

Do we need rollbars, seatbelts and governors?

The ATVA asked off-highway riders for help to fight possible new federal restrictions on ATVs and they responded. More than 5,000 enthusiasts signed their petition opposing potential new ATV-related rules. Those petitions were packed up and sent to Washington, D.C., to be hand delivered by the AMA’s Government Relations staff to the Consumer Product Safety Commission.

The petition was in response to an announcement by the CPSC that it would hold a hearing on ATV safety in Morgantown, West Virginia. And at the hearing, the commission chairman made it clear that dirt bikes also could face possible restrictions.

The petition told the three-member federal panel that designated and specially designed ATV riding areas, as well as the promotion of rider safety training, should be pursued, rather than imposing new federal regulations.

The CPSC said the June hearing was designed to gather information on ATV safety, and to hear comments on a proposal to ban the sale of full-sized ATVs for use by children under 16, something that is already part of voluntary rules followed by manufacturers and their dealers.

More than 35 people testified at the hearing and they were divided about evenly between critics who charge that ATVs are unsafe, and supporters who argue that ATVs represent a viable form of recreation for individuals and families.

The ATVA and its sister organization, the AMA, were among those testifying that no new federal regulations are needed. Instead, they proposed efforts to increase rider-training opportunities and to create more areas where ATVs can be ridden under controlled conditions.

Critics, however, urged the commission to consider such equipment as rollbars, seatbelts and governors to limit speed, along with an outright ban on ATV use by anyone under the age of 16, plus nationwide helmet regulations.

They also proposed rules to keep ATV riders from using public roads, something that is already illegal in nearly all areas of the country, and regulations against riding two-up, a practice that violates manufacturers' safety requirements on all ATVs.

After the hearing, commission Chairman Hal Stratton said the panel had no timetable for making any decisions on the issue, nor is it certain that new regulations will inevitably follow. He also said he didn't know whether more hearings would be held.

Then, just weeks after the hearing, Stratton scheduled another hearing to be held in Anchorage, Alaska, July 8.

We'll stay on top of this issue and let you know the latest developments.

NEW NOISE REGULATIONS IN CALIFORNIA

Many ATVs and dirt bikes must now meet 96 decibel limit

SACRAMENTO -- Effective July 15, 2003, new noise regulations will be strictly enforced for all off-highway motorcycles and all-terrain vehicles that are operated at all State Vehicular Recreation Areas
(SVRAs), state officials recently announced.

The new regulations brings California's off-road noise emissions levels down from one of the worst in the nation to one of the best,reducing the maximum decibel level standard from 101 decibels to 96 decibels.

"The importance of this can't be underscored enough.  Noise is the
most threatening aspect to California's Off-Highway Vehicle program,"
said Tony Perez, Chief of California State Parks' Off-Highway Motor Vehicle Recreation Division.  "That is why the Division intends to be very aggressive in dealing with this issue."

He said, "We've already started testing and the results so far have been very positive.  After 10 months of testing 3,190 off-highway vehicles at the Hollister Hills State Vehicular Recreation Area, the
Division found that 84 percent of the vehicles tested passed."

The following noise requirements will be strictly enforced:

--  If your OHV was manufactured before January 1, 1986, the noise
limit is 101 decibels.
--  If your OHV was manufactured after January 1, 1986, the noise
limit is 96 decibels.
--  If your "competition" OHV was manufactured before January 1,
1998, the noise limit is 101 decibels.
--  If your "competition" OHV was manufactured after January 1, 1998,
the noise limit is 96 decibels.  According to the standards,
"competition" off-highway vehicles are those that are not
manufactured to comply with EPA noise or California emission
standards.  For information on the designation of your OHV, refer to
your owner's manual or contact your local dealership.

The new noise law is a key element of AB 2274, signed into law by Governor Gray Davis in September 2002 and which went into effect January 1, 2003. AB 2274 represents the most sweeping reform of
California's off-highway vehicle program in its 30-year history.

It drew bipartisan support in the Legislature, and won the support of both environmental organizations and off-road recreation groups.

State Parks' OHMVR Division manages the largest program of its type in the U.S. with the strictest environmental standards of any OHV program in the nation.

California's OHV program was created in 1971 as part of a statewide effort to manage a vigorously growing recreational sport. Today, it's estimated that 14.2 percent of all California households - about 3.5
million people - participate in OHV opportunities. There have been more than 100 laws related to California's OHV program since 1971.

In addition to six main State Vehicular Recreation Areas, the OHV Division also manages a winter recreation program and an extensive grants and cooperative agreements program.  More than $16 million was
allocated in the 2002/2003-grant cycle to local and federal agencies for everything from local law enforcement to trail grooming, restrooms and paved parking.

The Idaho Department of Parks & Recreation is offering an opportunity for an Off Highway Vehicle Recreation Program Manager to work in our Boise office.  This position reports to the Outdoor Recreation Program Coordinator and is responsible for the planning and administration of the statewide off highway vehicle recreation program, including coordination with federal and state land management organizations and outdoor recreation user groups to plan and develop recreation opportunities, development and maintenance of support facilities and management of specific recreation projects and facilities statewide.
 
 Opens:  July 16, 2003
 Closes: August 1, 2003
 Salary Range:  $16.59/hour to $20.00/hour, plus a competitive benefit package
 
 Major program responsibilities include establishing program objectives, policies and procedures;  drafting, recommending and promoting legislation, rules and regulations;  seeking collaboration and partnership with other programs and organizations to maximize recreation opportunities for users;  developing and managing program budget and fiscal procedures for specific projects/grants;  providing technical assistance and training to other professionals and/or users on various aspects of off highway recreation vehicle operation, safety, and trail construction/maintenance.
 
 Minimum qualifications include good knowledge of recreation planning theory and methods;  experience planning and coordinating a program, including developing and monitoring a program budget;  experience interpreting and applying federal and state codes and laws;  experience establishing and maintaining effective working relationships with other agencies/organizations, outdoor recreation user groups and community groups;  good knowledge of motorized trail systems and support facilities;  motorized off-highway vehicle capabilities and safe operating procedures;  environmental impacts of both the operation of off highway vehicles on trails and the maintenance of those trails; and experience operating and maintaining snowmobiles, ATV's and trail bikes.
 
To apply, please see announcement and application process at www.dhr.state.id.us, or call Idaho Department of Parks & Recreation Human Resources at (208) 334-4199.  To learn more about our organization, please see our website at www.idahoparks.org.
 

AMA Grassroots Opportunity Notice - Oregon