Oregon Legislature trying to Ban Kids under 16 from ATVs

Riders in Southern Oregon threatening to launch recall against Sen. Bates over bill 49 he co-sponsored-would bar kids under 12 from riding ATVs. SB49 also would limit Kids aged 12 to 15 to no larger than 90cc engines. Since most kids 12-15 are already riding ATVs with engines bigger than 90cc SB49 is effectively a BAN on nearly all Kids under 16!
Mail Tribune - ATV age limit hits rough road - January 27, 2007

Below is Senator Devlin's (originator of SB49) response to complaints about his SB49...
----------------------------------------
From: Sen Devlin
Sent: Friday, January 26, 2007
Subject: RE: bill 49

Thank you for sharing your concerns regarding Senate Bill 49. SB 49 is currently in the Senate Committee on Business, Transportation, and Workforce Development. Senate Bill 49 is one of five bills introduced relating to ATV's. The Oregon State Parks Department, at the request of the Governor is sponsoring the other four bills. This is the link for the State Parks and Recreation Department proposals Oregon Parks and Recreation Department: ATVs Proposed ATV Legislative Concepts

Senate Bill 49 is trying to protect children from unnecessary injury or death. Between 1999 and 2005, 62 Oregonians died from riding all terrain vehicles, children under 16 accounted for 17 of those deaths. Nationally, in 2004 there were 130 reported ATV related deaths of children under the age of 16. The top cause of ATV related deaths to children under age 16 was crush injuries from rollovers. These rollovers are commonly caused by children riding adult size ATVs. Senate Bill 49 takes children off adult size ATVs and thus reducing injury and death.

The Safety Institute recommends that children 12 and older should have an ATV between 70cc and 90cc and only children over 16 should ride ATVs over 90cc. Senate Bill 49 is following the ATV Safety Institutes ATV size recommendations. Please note that the ATV Safety Institute is industry supported.

I encourage you to follow SB 49 and continue to partake in the legislative process.

Sincerely,
Senator Richard Devlin
-------------------------------------------------------------

Any injury or death is regrettable, but virtually everything in this world has some risk. Using Senator Devlins logic, can we expect him to also try and Ban:
Bicycling???
MtnBiking???
Football???
Skiing???
Snowboarding???
Motorcycling???
Swimming???
etc...

I dont really expect Senator Devlin to try and Ban any of these other Sports-except possibly Motorcycling-even though most if not all result in vastly more injuries/deaths than ATVs... I believe more likely the issue is that he feels "ATVs" are a "Bad/Wrong/Evil" Sport.

Full text of Senate Bill 49 (SB49) can be found here: Relating to all-terrain vehicles; creating new provisions; amending ORS 821.203; and repealing ORS 821.292.

If you live or recreate in Oregon, I ask that you try and help defeat SB49.
PLEASE Email and Call your Senator Devlin to let them know
you do NOT support Bill 49! Contact info is below... These Senators
MUST hear from ALL of us so they get the message and withdraw this bill.
It will only take a few minutes...Please Do it NOW!!!

You can find your Oregon Senator's info below-just plug in your zip code
Oregon State Legislature - Find Your Legislator

Please contact Senator Devlin and let him know your thoughts on SB49!!!
SB49 needs to be withdrawn or at least voted down. An effective Ban of all Kids under
16 as written now, or even just a partial Ban on some of our Kids is not going
to help our Families! If he truly wants to help Families he should Withdraw SB49!

Senator Richard Devlin
503-986-1719
sen.richarddevlin@state.or.us
Oregon State Senator Richard Devlin

Banning kids completely from riding is about as ignorant as anyone can get. I guess this guy would rather see kids sitting safely inside their home, playing video games all day and eating until they turn into blimps. This is a completely idiotic proposal.

As for the limiting kids to a 90cc until age 16, I had thought this was already a law. I don't have a big problem with this rule, but I do think that there should be an evaluation test available for these kids that allows them to ride larger bikes provided they can show in this test that they can truly handle the larger ATV's, and that they know all the safety precautions that should be taken as well.

Ultimately, I would rather not have any of these "laws", and just have these decisions placed in the hands of parents. But then again, as I type this, there are a couple kids riding up and down the street by my house on a 300cc bike, turning it on two wheels as the go around the corner, riding doubles on the bike up steep hills while pulling a trailer (and almost flipping several times). Sooner or later, these kids will get hurt, and it will be considered the fault of the ATV industry, not the parents.

Oregon coast businessmen oppose ATV restrictions

08:05 AM PST on Thursday, February 8, 2007

Associated Press

REEDSPORT, Ore. -- Many south coast retailers are digging in against a legislative threat to their lucrative all-terrain vehicle businesses that would place age limits on riders.

An example of an All-Terrain-Vehicle.
The use of ATVs, often on area sand dunes, has soared over the past 20 years, winter and summer, and their sales have increased accordingly. The industry also feeds other tourist businesses.

There are petitions on counters of many businesses to oppose Senate Bill 49, sponsored by Democratic senators of Tualatin and Alan Bates of Ashland.

The bill would prohibit operation of ATVs by children under 12 and restrict their use for riders aged 12-15 based on engine size.

"While we are for safety in the ATV industry, the current language of this bill is overly restrictive and creates further safety issues," Bay Area Chamber of Commerce Executive Director Katherine Hoppe said in an e-mail to chamber members. "SB49 removes reasons for tourists to visit our area," she wrote later.

Devlin said in an e-mail to the chamber of commerce that the bill "takes children off adult-size ATVs and thus reducing injury and death."

He said the ATV Safety Institute recommends that children between 12 and 16 should ride only 70- or 90-cc ATVs. The Senate bill would make the recommendation Oregon law.

Rod Loe, owner of Bumble Bee ATV Sales and Rental in Reedsport, says stickers on the 90-cc ATVs already recommend that children under 12 not ride them. Loe says he disputes the method, not the goal.

He said the vehicles are recommended for riders based on the weight and that regulating by age doesn't work.

Riding in the sand requires much more power than riding on dirt, Loe said.

Curfews plus rules regulating alcohol use while riding ATVs and designation of ATV-only areas have helped foster the growth of a family recreation industry, something that could change if the bill passes, bill opponents say.

The U.S. Consumer Product Safety Commission's has tracked the industry since the early 1980s.

While numbers for the most recent years are preliminary, the annual number of deaths between 1999 and 2005 peaked at 636 in 2003 and dropped to 467 in 2005.

Estimated ridership has more than doubled to more than 7.6 million in 2005, the commission says.

The commission's best data indicate Oregon ranks 26th among states with 82 deaths between 1982-2001.

"Children under 16 years of age accounted for about 30 percent of the estimated number of injuries in 2005," the report said, lower than the historical average of 35 percent.

Article Reference: Local News | kgw.com | News for Oregon and SW Washington

UPDATE

February 13, 2007
ATV bill modified after opposition

By DON JEPSEN
For the Mail Tribune

SALEM — A bill that would bar children under 12 from operating all-terrain vehicles is being modified following an uproar from a large Southern Oregon ATV club.

Bill co-sponsor Sen. Alan Bates, D-Ashland, said he is negotiating to allow children ages 8 to 12 to ride ATVs on farms or private property. They still would be prohibited from doing so on federal, state and county lands open to the public.

Language also was being considered to place restrictions on persons younger than 12 who operate ATVs, and limit operators 12 to 16 to ATVs with engines of 90 cc or less.

Bates said e-mails he's received overwhelmingly support some kind of restrictions on ATV use. "They're not specific, but most want something to be done," he said.

Asked if the threat of a recall by Patrick Bates (no relation), president of Temporary Insandity ATV club, influenced his decision to modify the original proposal, the Ashland physician said it "made me think twice." But, he added, "it also strengthened my resolve to do something."

Bates is co-sponsor of Senate Bill 49 along with Sen. Richard Devlin, D-Lake Oswego. The ban against operators under 12 is being promoted by Safe Kids, a nationwide safety group.

Patrick Bates said his organization is not anti-safety and supports other bills introduced this session on ATVs.

They include requiring vehicle titles, safety courses for operators under 15, and helmets for adults (children already must wear them), and a ban on double riding.

The proposed changes, still being worked out, could be incorporated during committee hearings on the bill, if it gets a hearing.

Article Reference: Mail Tribune - ATV bill modified after opposition - February 13, 2007

Hmm... how about riding in automobiles? I've been in Oregon... I know how crazy them folks drive... the number of child deaths due to auto accidents MUST be more than those on ATV's...

So let's pass a bill that children cannot ride in automobiles! They will just have to stay at home until they're 16.. they can't be allowed to see the light of day until then.

For that matter, it's been proven that more accidents and injuries happen while in the home than any place else.... so we can't let them stay there either, it's far too dangerous!!!!

Hmmm... let's just incarcerate every child in a padded stall until they are 16 years of age.. by that time we'll have come up with some more dumbass legislation that will ban the use of ATV's altogether thereby preventing any further problems.

HOLY CRAP what a bunch of dumbasses.

Ride Safe,

Chuck

I imagine most of these emails are coming from people nationwide belonging to groups like "Safe Kids"

If Senator Bates truly wants to do something, he needs to push for laws that put more requirements on parents to take responsibility for what their kids are doing.

• Require kids under 12 to be visually supervised by a parent or guardian
• Require all kids to take a safety course
• Require the parents to take the same safety course and be made aware of the consequences of not supervising young children

But - Don't take the ability for responsible parents and kids to be able to enjoy themselves in what can be a safe family activity.

This Bill is sponsored by "Safe Kids" and Sue Rabe. The Bill is named Kyle's Law after her son who died in 2002 from an ATV accident in Oregon. He was 10 and allowed to operate an Artic Cat 250 by himself without any adult supervision. He and his friend were out riding together (two separate ATV's) in the farmlands around their homes. The friend had not seen Kyle for an hour and went back to find him. Kyle had been thrown off his ATV and was pinned underneath. He suffocated to death before any help arrived and he had no other injuries. He was only 90 yards from his friend's house.

This Bill was already into committee before anyone that uses ATV's in Oregon knew about the legislation. Through a very intense and quickly organized grass roots effort the Bill is in serious jeopardy. The many voices of the ATV rider in Oregon became as one to kill this Bill.

We have an estimated 600,000 registered ATV's in the State with over 18,700 new units sold in 2006. Our sport is growing every day but, unfortunately there are factions out there that would like to see it go away.

Word of warning to you ATV enthusiaists in other States. Keep a watchful eye on your Legislators. This Bill was caught in time. But, maybe not the next. Oregon was not the first for this radical legislation. I beleive NC had it go all the way to the Govenor before it was vetoed.

Kyles accident was terrible. If he had adult supervision he would be riding today.

Safe riding and stay informed to protect your pastime!

As Ron White says:

Everybody talks about Television being responsible for kid's actions today.... It couldn't possibly be the parents..... Oh... F****ing NO!!!

If parent's would just take responsibility for the kids they decided to have.... accidents like this could be avoided 99 times out of 100.

But instead... Let's create laws that prevent kids from participating in a healthy family-oriented activity that helps keep them out of trouble (drugs, alchohol, vandalism, etc.)

IDIOTS.

Ride Safe,

Chuck

As stated, that is NOT the law in Oregon.

Can you honestly imagine your normal one-each 12-year old riding a 90cc machine? Most EIGHT year olds would be out of luck trying to ride a 90 in the sand. They wouldn't be going a lot of places.

This bill is alive and well, although supposedly being 'modified' to make it more palatable to the riding public.

There is NO modification that is acceptable imo. The State has no business telling me what my kids can/cannot ride. I had a 12-year old daughter that could ride a Banshee just fine. Her on a 90? Ha!! What a joke that would be.

It's the PARENTS that own the responsibility of what their kids ride, where they ride and HOW they ride.

BTW...Sue Rabe signed the required disclaimer at the dealer when she bought that machine for Kyle. She signed a form saying no kid under 16 would be riding it. She ALSO did NOT have her son attend the offered (free..indeed, they pay you to go!) safety training.

And she has the unmitigated gall to say the dealer is at fault...'We were NEVER told...'

This bill is a solution looking for a problem and if SafeKids has their way (and they will...they are funded to the tune of MILLIONS of dollars from corporations looking for a good 'It's for the CHILDREN' non-profit to save tax dollars on)..the same thing will be coming to YOUR state!

***************UPDATE***************


Oregon Senate committee unveils ATV compromise

Posted by The Associated Press
April 24, 2007

SALEM -- All-terrain vehicle riders and those concerned about their safety have reached a compromise that would keep preteen children on the popular machines.

A Senate committee announced a plan Monday that would require riders to take a safety class. Moreover, a rider would need to be on an ATV that is safe for a person of his of her stature.

Oregon lawmakers were considering a measure that would ban children under 12 from riding ATVs. The bill had been pushed by public health officials and by parents whose children have been killed or injured in ATV accidents. ATV enthusiasts, however, said Oregon already has sufficient safety regulations and the legislation would hurt a burgeoning industry.

Under Senate Bill 101 -- negotiated by a group of riders, dealers and safety advocates -- minors and their parents would need to attend mandatory safety training and get certified before the youth can ride on an ATV.

"We are all in agreement that this is a bill that will advance the safety of Oregon children and also be good for ATVers," said Sen. Richard Devlin, D-Tualatin, who originally sought the youth ridership ban.

Under the amended bill, children ages 6 and younger would not be allowed to use ATVs, but older children could if they have a supervising guardian and a state-issued permit, which would be available after the completion of the safety course.

The rules regarding properly sized ATVs would be written by the Oregon Parks and Recreation Department. Portland ATV dealer Gary Sargent, who helped negotiate the bill, said it makes more sense to look at the size of a person, rather than his or her age, before deciding what ATV he or she should be riding.

Lindy Minten of Scio, a mother with two children who like to ride ATVs, told the Senate Committee on Business, Transportation and Workforce Development that the compromise strikes a fair balance.

She said it wouldn't have been fair for the state to limit their ability to ride, but it is appropriate to require safety training.

"Parents fall back on the 'We didn't know it was dangerous' excuse, but then there is nothing you can do after a child is injured or killed," she said.

The bill appears to be the only ATV-related safety bill with a decent chance of passage this session. A proposal that would have required helmets for ATV riders has stalled, said Jim Myron, the legislative liaison for the parks agency.

Article Reference: OregonLive.com: Breaking News Updates: Oregon Senate committee unveils ATV compromise

It's still bogus!

The Government has no business doing 95% of what they do, and legislating anything regarding who can ride what is none of their damn business.

It's losers like whats'ername upstate whose kid died on a quad who, after signing off on the available training course later said, 'I didn't know!!!' 'The dealer never told us!!!' (how dangerous quads could be) She's a flat out liar. It's a bad thing that her kid died. And it's a bad thing my kid has been deaf since birth. Stuff happens. That her kid was riding a machine that was WAY too big for him, that he had an accident is unfortunate. It is NO reason The Government need be involved in regulating, restricting or sticking their noses into any of it.

This whole thing is evidence of people becoming more and more dependent on Big Government to take care of them, to watch out for them, to guarantee their retirement, pay for their health care, their prescription drugs, etc etc etc.

It's sickening. It's a big pile of stink!

okay ....ALOT of loopholes.....so the kid goes to the safety class and gets registered to ride a 90cc....has a growth spirt the next month and now his knees touch the handlebars...how does he go about getting registered for a larger bike?? and what kind of bike..sport? utility? cause there is a size difference!

whats going to happen is the kids are going to get registered ONCE....then tehy will outgrow the bike, the parents will go buy the kid a bigger one, the kid will get into an accident and then the parents will sue the dealer because "they knew it was going to be for my son and they didnt tell me he would have to get registered AGAIN!" its going to be a mess.

and you KNOW the insurance companies are going to have a FIELD DAY with this one. theyre goingto want all the registrations of all the riders in the house and going to want to insure each driver...higher insurance rates and god forbid someone who is not registered rides your bike....man....I can see this beiing a huge mess too!

A lot of misinformation about SB 101. Some history is in order, on the attack from the anti access groups and "Safety" groups in Oregon. SB 49 was the first restriction of our right to ride. It was already into committee before anyone in the riding community new anything about it. SB 49 sought to keep everyone under 12 off of Class I (ATV) and Class III (Off Road Motorcycles) and 12 -15 were to be restricted to 90cc or less on both public and private lands. They had horror stories of how these machines kill and maim children and the only way to protect the children is to not let them ride. We, as the user groups, were left out of any discussions on how to regulate the sport we love. We were just supposed to swallow the Regulatory Pill (or insert large suppository) because this is the only way to reduce the "epidemic" of OHV related accidents and death. What this SB 49 did was galvanize the OHV community in the State. For the first time, all of the Class I riders (mud, trail, sand) and Class III riders came together as one voice to kill this Bill. The Senators were slammed with e-mails, phone calls, and letters to the editor in opposition to this attempt to take families out of riding off-road. They had gone too far by including Class III, no other state sets such a high minimum age for motorcycles, including private land in the enforcement of the restrictions and setting arbitrary age to cc restrictions that we all know is ignorant at best.

SB 101 was submitted by the Oregon Parks Department by a mandate from the Governor
to reduce accidents and death among OHV riders. Parks also submitted other Bills in this legislative session: Helmets for everyone on Public Lands (defeated), Registration of all Class I and III vehicles regardless if used on private or public lands (stalled in committee), Making 2-up riding illegal, unless vehicle designed for such purpose (stalled in committee). Original SB 101 was going to require safety training for all, require adult supervision for youth riders and set a minimum age for Class I at 7 years old and older. (Currently there is no minimum age for Class I to ride, Class III has had a minimum age of 7 since the Early '90's Why? We don't know.) Parks was told that a minimum age was going to be required to get the law passed through the two houses because this is what all Legislators feel is a win for "Safety" groups to keep children off the "dangerous" vehicles. Plus, it aligned Class I and III with the same minimum age.

We, as user groups, testified in opposition to parts of this Bill but, not all of it. We were prepared to introduce legislation in the next session that were common sense rules that allow all to ride while reducing the accidents and injuries. These were rules that we, as riders do with our children and are not suffering injuries. We wanted to be self regulated and not told what we can and can't do by groups that don't ride.

SB 101 had many merits and items that were part of what we, as user groups, were going to use in our Bill. We worked with Parks to get them to compromise on the original proposal to save the Bill and get what we, as users wanted. SB 101 only affects Public Lands.

1. Requiring adult supervision of the youth rider. This is the simplest, most common sense requirement that alway gets over looked when the "Safety" groups share the tales of tragedy involving youth riders. All of the tragic tales and reports of death of youth on ATV's, they are always alone or without any adult supervision. We argued that this is a family sport and if you ride as a family you are supervision your children. This is what makes OHV'ing so much fun. Families riding together and enjoying what nature has to offer. The people that buy these vehicles as baby sitters for their children are the ones that are suffering the problems. Then they want to ban them from everyone because they were negligent.

2. Requiring Safety Training for all. This one had to be modified to fit our requirements for training. Adult 16 and older would be required to take an on line test similar to what MN requires. (MN's CD is very comprehensive and takes around an hour to complete. In fact I even learned a couple of things from it.) Parks had done a similar test with boating and accidents have decreased since they started that requirement. Current riders would be able to take a quicky on line test to get their operator permit. All of this for a fee of $5, all Parks can charge by law. The test an material is still to be determined and we have all access to what will be on the test and how involved it will be.

-Our major victory...
Training of youth. We want to be a "Rider Fit State". UT, MI, MN, NM and PA are rider fit states. Meaning that they let the children ride appropriate sized vehicles and are not locked into arbitrary age to cc requirements like NJ, NC and others that follow the CPSC recommended ages 6-11 70cc and under, 12-15 90cc and under.
We feel children need to have hands on training. The ASI will train children but only based on the CPSC recommendations. We successfully argued that children need to ride on vehicles that fit their size and abilities. Too large is dangerous but, also is too small. And sending your 13 year old child through an ASI class on a 90cc when they ride a 400 is a waste of time. They need to attend the class on what they are riding or going to ride.
The hands on training for youth under 16 will look like this:
Everyone under 16 will be required to take a hands on safety training class. The class will require the youth to fit the ATV (Min 3" inseam to seat while standing on pegs or floor boards, able to reach the handle bars with arms bent and not leaning forward, with heal of foot against the pegs they can depress brake lever and operate shifter, they can reach a squeeze the hand brakes and clutch and turn the steering full left and right.) These standards are the same as used by 4-H and the State of UT. Also, one parent or legal guardian will be required to attend the class with the child (unless the parent or legal guardian has a valid operator permit). That way the adult learns the techniques to ride that the child is being taught and can enforce them at home and on public lands while the child rides. Because, we the parents are the full time instructors of how our children ride and have to make sure they are riding safely and correctly. This will also, eliminate the "I did not know they were dangerous and I didn't think my child could get hurt" stories.
Once the child receives the operator permit they will not need to be re-certified when they move up sizes of vehicles. Law enforcement will be able to write tickets for youth that do not fit the vehicle they are on. So if you send your 10 year old through training on a 90cc they fit on, then take them riding on public lands on a 700 that they can't reach the floor boards then you can get a ticket for endangering a youth. Law enforcement likes the Fit Guidelines because it is something they can see. Age requirements are almost impossible to be enforce. How can you tell if the child is 8 or 12?

So what?

Oregon would become the first "Rider Fit State" with no minimum age. (UT is the lowest at 8, MN, MI, PA are 12) If your child is large enough and capable enough to ride at 3 then they can; when they are older, larger and more experienced and they can operate a larger ATV, then they can. The Bill would guaranty that families can ride together and bring new people into the sport. Requiring supervision is just smart. Here is another activity we can do with our children. Families that ride together stay together.
Requiring training, supervision and that the rider fits the ATV will reduce accidents and death. This is a win-win for both sides. The Bill will reduce accidents and allow everyone to ride. This will be a major victory for the sport and hopefully a model for other states to follow.

Or we can do nothing and fight each year with the Anti-Access Groups and Health Care Professionals that want to see the Sport go away. And then maybe we lose our voice with the Legislators and we get forced to take a suppository.

Well said, Dune Dude. It looks as though you have been neck deep in this battle since it began. Now if you can keep everyone aware of the "common sense" that will be required to keep what has been fought for.

***************UPDATE***************

Senate approves compromise bill

May 8, 2007

A compromise bill that requires safety training for riders of all-terrain vehicles and improved adult supervision for children younger than 16 cleared the Senate.

Senate Bill 101 was approved last week on a 20-9 vote and sent to the House.

The original bill from the state Department of Parks and Recreation would have barred young riders. But the reworked bill phases in new requirements by Jan. 1, 2009, including requiring ATV operator permits for those 16 and older -- a driver's license in itself would be insufficient -- and requiring someone 18 or older to accompany ATV operators younger than 16.

Also in the bill are guidelines to incorporate proper seat clearance, proper braking ability and correct posture and handlebar grip.

From 1999 to 2005, some 25 Oregon children younger than 18 died as a result of ATV crashes.

-- Peter Wong, Statesman Journal

Artilce Reference: State Government - StatesmanJournal.com

How is it that what started out as a 'Keep Our Kids Safe' idea is now a revenue generator for The State?

I am SHOCKED!!!

..well, of course I'm not.

And the 'guidelines' part? An LEO is going to write me a ticket if I'm sidewise on my quad for counterbalance as I slide into a turn because my 'posture' is incorrect?

The fact that 101 isn't as bad as 49 is NOT a situation to be happy about.

'We were going to poke both your eyes out, but we decided to only poke out one.'

Oh BOY!!! LOOK people...we WON!!

The whole incursion into the personal rights of others by The State is wrong. It's wrong when it's done a little, done a lot, or done somewhere between the two.

The single acceptable amount of abrading of personal liberties is ZERO!!

We're the proverbial frogs sitting in a part of warming water...............

OPINIONS from around Oregon.....

Thanks to senator for support of bill crafted by ATV riders

May 10, 2007

I would like to thank Sen. Devlin for listening to the riders. Now our children can ride their ATVs and we can keep them safe without breaking the law, which is what would have happened if Senate Bill 49 would have passed.

I would like to let everyone know that Sen. Devlin has changed his mind on the bills for ATVs. He started out backing bill 49 that would take the riding away for children under the age of 12 and put too big of children on too small of bikes. He now is backing SB 101 that we as users have helped to rewrite.

We will have best fit with no minimum age, safety training and supervision. This is what we all wanted in the first place.

We need to let Sen. Devlin know that we all support SB 101 and thank him for listening to us as users to help make our sport safer.

In the future I would like to see more of the senators talk to the users of our sports before they sign on to bills that will make big changes. We usually know a lot more than people who just see bad press on TV or in the newspaper.

-- Bev Stubbs, Salem

Article Reference: Opinion - StatesmanJournal.com

people are trying to make he world idiot proof with laws but if they were very smart they'd realize that it WONT WORK