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NavigationURGENT: ANR proposes rule allowing ATVs on state land Keep ATVs Off Vermont's Roads Keep ATVs Off The Lamoille Valley River Trail Economic Impact of Snowmobiling ORV's and Air Quality ATV Liability Issues Peak Oil, Climate Change and ORVs Gov. Douglas and The ATV Working Collaboration Have an ORV story? What Others Say About ORVs Links & Resources Vermont Legislators HomeContact UsPRT VTP.O. Box 36 E. Hardwick, VT 05836 info@prtvt.org |
Keep ATVs Off Vermont's Roads The State of Vermont, and likely your Town, is under intense pressure from ATV advocates to open its unpaved public roads, trails, and lands to recreational ATV use. If you're concerned about this trend, contact your local Selectboard, your local legislators, and the Governor, and let them know you are concerned and expect them to address your concerns. Here are some background facts. Emissions/Air Quality. ATVs create particularly high levels of air pollution, including carbon monoxide, hydrocarbons, and carcinogens such as benzene. They expel 20-30% of their gas and oil unburned into the air and water and produce 4,000 times more carbon monoxide emissions, and 118 times as many smog-producing pollutants as modern automobiles on a per mile basis. (California Air Resources Board, 1998. US Environmental Protection Agency, 1999.) These levels exceed human health standards. Exposure to emissions such as these can cause breathing difficulties in individuals with asthma and other lung sensitivities. This type of air pollution also contributes in a major way to the degradation of air quality. (Environmental and Social Effects of ATVs and ORVs: An Annotated Bibliography and Research Assessments, University of Vermont, School of Natural Resources, November 2000; Off-Road Vehicles and Their Impact on Stream Environments, Texas Chapter of the American Fisheries Society, January 2002). Environmental Effects/ Wildlife Habitat. The environmental damage caused by ATVs is well documented. The overwhelming conclusion of virtually all studies is that ATV access results in significant damage to the environment. Even "legal" trail systems cause overwhelming damage, and generate "ghost roads" - a proliferation of trails off of trails, resulting in the destruction of more and more habitat. Increased litter is almost always noted. ATV drivers often use streambeds to get through areas of heavy brush, which crushes aquatic life, leaves streams unsuitable for spawning, and deprives fish of oxygen. Erosion on trails causes deep rutting and washes sediment into streams, causing further damage. ATVs stress and displace wildlife, and destroy ground nesting species. It interferes with the ability of all species to communicate, locate food, detect predators, and successfully reproduce. (Shattered Solitude/Eroded Habitat: The Motorization of the Lands of Lewis & Clark, Sierra Club, June 2000; Shredded Wildlands All Terrain Vehicle Management in Alaska, Sierra Club Alaska, Alaska Conservation Foundation, July 2000; Environmental and Social Effects of ATVs and ORVs: An Annotated Bibliography and Research Assessments, University of Vermont, School of Natural Resources, November 2000; Off-Road Vehicles and Their Impact on Stream Environments, Texas Chapter of the American Fisheries Society, January 2002). Noise. ATVs can create a two-mile "auditory footprint". This means that every ATV can be heard up to one mile coming, one mile going, and one mile to the left and right for the entire time the vehicle is in operation. Stress to humans from involuntary exposure to noise can cause increased heart rate, blood pressure, and respiration, which can lead to heart attack and stroke. Increased adrenaline from noise exposure can cause adrenal gland and kidney damage. In addition, noise exposure can lead to anxiety and ulcers. Noise from ATVs also displaces wildlife. (Shredded Wildlands All-Terrain Vehicle Management in Alaska, Sierra Club Alaska, Alaska Conservation Foundation, July 2000; Environmental and Social Effects of ATVs and ORVs: An Annotated Bibliography and Research Assessments, University of Vermont, School of Natural Resources, November 2000; Off-Road Vehicles and Their Impact on Stream Environments, Texas Chapter of the American Fisheries Society, January 2002). Displacement. ATVs displace hunters on foot who cannot afford or choose not to use an ATV. A hunter on foot is at a distinct disadvantage when competing with ATV users for limited game. Game is limited as ATV use pushes wildlife into more remote, and sometimes less productive habitat. ATVs displace non-mechanized recreational activities. Walkers, hikers, horseback riders, etc. value peace and quiet, solitude, observing undisturbed wildlife, and escaping the mechanized intrusions of civilization. Also, the potential for injury resulting from contact with ATV users discourages hoof- and foot-travelers, and presents a liability risk. (Shattered Solitude/Eroded Habitat: The Motorization of the Lands of Lewis & Clark, Sierra Club, June 2000; Shredded Wildlands All-Terrain Vehicle Management in Alaska, Sierra Club Alaska, Alaska Conservation Foundation, July 2000; Environmental and Social Effects of ATVs and ORVs: An Annotated Bibliography and Research Assessments, University of Vermont, School of Natural Resources, November 2000
Group recreational behavior. Group recreational AVT activity tends to encourage competitive and aggressive driving. This is especially true with younger drivers. Competition includes such activities as speeding and racing, creating "rooster tails" (spraying mud from rear tires), and performing daring and dangerous feats and tricks. This type of activity causes environmental damage as well as major injuries and fatalities. ( Shredded Wildlands All-Terrain Vehicle Management in Alaska, Sierra Club Alaska, Alaska Conservation Foundation, July 2000). Enforcement. There is inadequate funding for state or local enforcement of ATV regulations or ordinances. Enforcement of ATV riders is neither practical nor possible. By the time any enforcement agent arrives at the scene of a report, the ATVers are very long gone. A description of a red ATV with a rider wearing blue jeans, t-shirt and feature-concealing helmet will not provide any leads to the offender(s). For the public good? ATV use has already created disputes in many Vermont communities. People have been threatened, attacked, and marginalized because of their opposition to the proliferation of ATV use. ATV clubs statewide as well as locally claim that this type of activity will cease if they are given a legal trail system. This is on a par with extortion. It's like saying,"We'll stop hurting you if you give us what we want." Should this type of behavior be rewarded? Should the demands of a special interest group be allowed to override the wishes of an entire community? Local ATV clubs approach Select Boards with the concept that they can stop illegal riding on private property by opening town roads as ATV trails. This option only transfers the unpleasantness from one group of citizens to another. It is unfair to impose an ATV trail on residents who live on quiet back roads just so other residents can regain their peace and quiet. It is a lose-lose trade off. ATVs on Class 4 RoadsThe Vermont Department of Fish & Wildlife is at odds with other state agencies, departments, organizations and the legislature regarding ATVs on Class 4 roads during the summer months. The Department of Fish & Wildlife - the enforcement authority - has taken the position that ambiguity in the state statutes that regulate ATVs prevents them from prohibiting ATVs on Class 4 roads. PRT VT strongly disagrees with this interpretation of the statute. Here's a summary: Vermont State Statute (23 VSA, section 3506(b)) states,"An all-terrain vehicle may not be operated along a public highway unless it is not being maintained during the snow season or unless the highway has been opened to all-terrain vehicle travel by the selectmen or trustees or local governing body and is so posted by the municipality." The Vermont League of Cities and Towns published opinions on this issue in November 2001 and September 2004. It is their opinion that the statute allows ATVs on Class 4 roads only during the snow season, and only if the road is unplowed. The Vermont State Police enforce the statute in the same manner. The Education Coordinator for the Recreation Division reports that ATV riders are informed that this is the way the law is interpreted during the safety training that the Vermont ATV Sportsmen's Association (VASA) requires of its members. He explained that for the sake of safety, ATVs and snowmobiles are allowed only when there is no other vehicular traffic on the road. The UVM Extension Service Municipal Officers Management Program instructs select board members and other town officials that ATVs are not permitted on Class 4 roads without explicit permission from select boards. The Agency of Transportation interprets the legislative intent of this statute as to allow ATV use of unplowed highways only during the snow season. It is the opinion of the Vermont Secretary of State that the legislature would not have specifically authorized the local select boards to open Class 4 roads to ATV traffic if those roads were open without designation. * * * * * Despite the weight of all these legal opinions, however, VASA claims they are entitled to use Class 4 roads in the summer if they are not plowed in the winter, and that they do not need permission from the select board to do so. Currently, more than three quarters of the VASA statewide trail system is on Class 3 and Class 4 roads. Most roads that are unplowed in the winter are Class 4 roads. However, some Class 4 roads are plowed - usually under private contracts by those who live on the roads - and generate vehicular traffic during the snow season. PRT VT believes this is the circumstance the legislature was addressing when it wrote this statute, and that the current language clarifies, rather than confuses, its intention to prohibit ATVs on roads where there is other vehicular traffic unless it has been evaluated by the local select board. ATV Safety Institute Summer Safety Alert for All-Terrain VehiclesIn June of 2006 the ATV Safety Institute issued a Safety Alert for ATVs. Number 2 of their "8 Golden Rules for ATV Safety" is, "Never ride on public roads". This rules ranks higher than "Never ride under the influence of alcohol or other drugs", and we all know how dangerous that is. Here is their press release: IRVINE, Calif.--(BUSINESS WIRE)--June 29, 2006--As the nation begins to enjoy the Fourth of July holiday weekend, the All-Terrain Vehicle Safety Institute would like to reinforce the importance of all-terrain vehicle safety. Summer marks a time when children have more free time to enjoy many activities, including riding ATVs. Parental supervision is a key element to a child's safety and children under the age of 16 must be supervised at all times when operating an ATV. Parents literally hold the key to their children's safety. Every ATV has an ignition key, and when a parent or guardian controls the key, they control the use. There are approximately seven million ATVs in use in the United States being operated by more than 15 million Americans. It is essential that all riders understand the importance of safe and responsible use of ATVs. Almost 90 percent of youth ATV-related injury incidents occur when a youth is operating an adult-sized ATV, meaning that the engine size is greater than 90 cubic centimeters. Every child under the age of 16 should be supervised and should never be permitted to ride an adult-sized ATV. Consumer Product Safety Commission data show that over 90 percent of all ATV-related fatalities are the result of warned-against behaviors. The ATV Safety Institute has eight Golden Rules of ATV safety that address these behaviors and apply to all riders:
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