Bill would put curbs on ATV useAge limits, tougher sanctions pending
http://www.boston.com/news/local/articles/2008/08/24/bill_would_put_curbs_on_atv_use/Operators of off-road recreation vehicles soon could face tougher restrictions designed, proponents say, to protect both young riders and the environment.
Lawmakers are considering a bill that would raise the legal age to drive all-terrain vehicles, known as ATVs; require riders under 18 to complete a safety course; and stiffen the penalties for ATV and snowmobile owners who don't follow the rules.
Under current state law, children ages 10 to 14 can drive ATVs with adult supervision. The proposed regulations would effectively ban anyone under 14 from driving four-wheeled ATVs, and require anyone under 18 to take a safety course before riding a four-wheeler or dirt bike.
The legislation was approved by the state Senate in late June and is awaiting approval by the House of Representatives.
Senate President Therese Murray said the bill would help prevent injuries and hold negligent riders accountable for their actions.
"It is our obligation to make sure that unlawful use of snowmobiles and recreation vehicles is not a threat to public safety," said Murray, a Plymouth Democrat, in a press release. "This bill will lessen unlawful ATV practices that harm our children and unnecessarily damage our environment."
Restricting ATV use is supported by the American Academy of Pediatrics and the Massachusetts Prevent Injuries Now Network. Both groups would like to make ATVs off-limits to anyone under the age of 16.
The legislation has been criticized by ATV enthusiasts. Ken Anderson, president of the Mass ATV Association, a nonprofit advocacy group based in Kingston, said he believes that raising the age requirements could cause more young riders to be injured. ATV riding is a popular sport for families and if children under 14 are banned from driving ATVs, he said, younger riders might continue to ride on their own, without any supervision at all.
Anderson also said that limiting the engine size of ATVs could result in teenagers' riding child-size machines that are too small, which could be dangerous.
"The way the legislation is written now, it will only hurt children, not help them," said Anderson, who is also on the board of the Mass Trails Association.
The legislation would also increase fines for illegal riding, and require that ATV and snowmobile owners be held accountable for any damage or injuries caused by anyone under 18 who uses their vehicle. The bill would also:
# Ban the use of ATVs by anyone under the age of 14, unless they are participating in a sanctioned race ($250 fine for first-time offenders);
# Limit the engine size of ATVs for children between the ages of 14 and 16;
# Require all snowmobile and ATV operators to wear helmets (also a $250 fine for first-time offenses);
# Increase fines for ATV and snowmobile riders who trespass on private property or damage public property (minimum $250 fine; maximum $1,000 and up to one year in jail);
# Increase penalties for reckless operation of an ATV or snowmobile (maximum $200 fine and up to two years in jail); Increase penalties for causing serious injury or death while riding an ATV or snowmobile (maximum fine $5,000 and 5 to 10 years in state prison);
# Establish a state off-highway vehicle advisory committee to address ongoing concerns;
# Require all ATVs and snowmobiles to be registered with the state.
Off-road recreation vehicles have become increasingly popular. The Department of Conservation and Recreation estimates that 90,000 households in Massachusetts own a four-wheeler or dirt bike. About 29,000 of those vehicles are registered with the state.
Despite this growth, designated riding areas are few and far between. Last year, Easton officials banned ATVs from town-owned conservation land. Riding in Myles Standish State Forest has been prohibited for more than a decade. ATVs have also been banned from Savoy Mountain State Forest, a once-popular riding area in Western Massachusetts, and Georgetown-Rowley State Forest.
Dirt bikes and motorcycles are allowed in two state parks in Southeastern Massachusetts - F. Gilbert Hills State Forest in Foxborough and Freetown-Fall River State Forest - but four-wheeled "quad" ATVs are prohibited there. The nearest public space for riding quads is in the Berkshires, according to Anderson.
ATV riding is "a family activity, not a bunch of lawless yahoos tearing everything up," said Anderson. "Our biggest contention is if they hadn't closed down all of the legal places to ride ATVs, we could have some safe trails with parental supervision and all of these safety measures in place." The bill was passed by the Senate in June and sent to the House, where the Committee on Ways and Means recommended passage and referred the bill to the Steering, Policy, and Scheduling Committee.
The bill did not pass before the legislative session ended last month, but it still could be taken up in informal session. If that were to occur, a single objection from any legislator could stop the bill from passing. "We're keeping an eye on it," said Anderson.
Medical community backs ATV limitshttp://www.boston.com/news/local/articles/2008/09/04/medical_community_backs_atv_limits/I read your report on all-terrain vehicles ("Bill would put curbs on ATV use," Globe South, Aug. 24) with interest. Your only mention about who has endorsed S2772 was limited to the American Academy of Pediatrics and Massachusetts Prevent Injuries Now Network. I am disappointed that you did not represent the opinion of the medical experts, as this is a public health issue.
As you might be aware, Bill S2772 was originally filed by Representatives Matthew Patrick, Barbara L'Italien, and Thomas Kennedy, carefully redrafted by the Joint Transportation Committee, and recently unanimously endorsed by the Senate. Its purpose has become very comprehensive, with emphasis on protecting the children of the Commonwealth as well as the environment. It also considers penalties and registration fees that would enable enforcement.
Consistent with position statements of all major medical societies, as well as existing Massachusetts motor vehicle laws, local safety advocates and the medical community originally advocated for a ban on sale and use of ATVs by children younger than 16. We also opposed the substitution of "training/education" programs and "supervision" for children in lieu of an outright ban. When the bill was redrafted by the Transportation Committee, efforts were made to accommodate all interests. The resulting compromise consists of:
A ban on the sale and use of ATVs by children under age 14.
Provision that 14- to 16-year-olds may ride ATVs with an engine size of 90cc or greater as long as they are closely supervised by an adult.
Mandated safety equipment.
Exceptions for children riding in sanctioned events.
The experience of ATV-injured Massachusetts children mirrors that of reports in the medical literature. In fact, just in the end of June, the week the Senate took up this bill, four children younger than 16 were seriously injured in ATV accidents and treated at Massachusetts hospitals. In July there were 14, and to this date in August, 10 and counting.
We are especially grateful to Senate President Therese Murray and Senator Stephen Baddour for their extra hard work on this bill.
The ATV industry continues to remain self-regulated when all other industries that affect public safety are regulated by government and legislation that makes good sense. You have undoubtedly heard from the self-regulated ATV industry and its supporters, who claim as you have reported that adult supervision, helmets, and training classes are the only way to limit youth injuries on ATVs and that a law will not change behavior.
It is clear that the industry's self-policing methods have not made any substantive impact on reducing pediatric injuries. Despite the Consumer Products Safety Commission consent decree and voluntary standards, pediatric injury rates still remain near 30 percent of all ATV-related injuries, which have grown by 15 to 20 percent per year.
The medical literature is rich with data that refute the ATV industry's suggestions that parental supervision, safety training, and helmet use can change the injury risk. In fact, the only thing that has been shown to affect outcome favorably is legislation.
A year ago, a law banning ATV use by children younger than 14 was enacted in Halifax, Nova Scotia. Over the following year, injuries and deaths for that age group decreased by 50 percent. Only training and supervision were mandated for 14- to 16-year-olds, and, not surprisingly, injury rates for that group have not fallen.
As this bill made its way through the Senate, many healthcare providers sent letters to their legislators in support. Endorsements have come from 27 organizations, including the Massachusetts chapter of the American Academy of Pediatrics, the Massachusetts Medical Society, the Massachusetts Association of Health Plans, the Brain Injury Association of Massachusetts, and the Massachusetts chapter of the American College of Surgeons. Every trauma center and every children's hospital in the state, as well as law enforcement and environmental groups have also been supporters of the safety provisions of this bill.
As a trauma surgeon at Massachusetts General Hospital, I am looking forward to the day that I do not have to tell another set of parents that their 8-year-old has died as a result of an ATV crash.
Dr. Peter T. Masiakos, MGH Pediatric Trauma Surgery
