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Author Topic: lake county opts out on law  (Read 2923 times)
tallyt
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« on: October 04, 2006, 06:28:11 AM »

10/4/2006  Email this article • Print this article 
Lake opts out of giving ATVs room to roam

Bill Koch
Staff Writer

Lake County on Tuesday became the latest in a series of counties to opt out of a new Florida law that would have allowed all-terrain vehicles greater freedom.

The law, which went into effect Sunday, allows ATVs to drive on unpaved roads with speed limits under 35 mph, but has a clause allowing counties to opt out.

Counties across the state have been invoking that clause at the urging of their sheriff's departments, which deal with ATV problems on a regular basis.

"I think the only person who thinks it's a good idea is the senator who introduced it," Lake County Sheriff Chris Daniels said.

   


 



It was actually Greg Evers, a state representative from a rural section of the panhandle, who added the statute as a rider onto a much larger vehicle transportation bill. He said people on ATVs had trouble traveling from one farm to the next.

Daniels asked the Lake County Commission to opt out, a request approved unanimously.

"There a number of problems with ATVs," Daniels said. "They aren't obeying the speed limit, and they create a greater enforcement problem for us."

Commissioner Welton Cadwell, who represents the dirt-road laden 5th district, in the northeast quadrant of the county, said forestry rules are "clamping down" on ATV riders, but said the state statute was not the solution.

"Opening up county roads is going in the wrong direction," he said.

Daniels said ATVs are dangerous enough as they are, without adding in the risk of letting children ride them across county roads.

"If you take a 12- or 13-year-old kid and put him on a 1500 cc all-terrain vehicle capable of speeds up to 60 mph, you're asking for trouble," he said. "The roadways are far too congested as they are without adding in ATVs."

 
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sickmojave
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« Reply #1 on: October 04, 2006, 07:15:51 AM »


this sux but is not a surprize. Angry




"If you take a 12- or 13-year-old kid and put him on a 1500 cc all-terrain vehicle capable of speeds up to 60 mph, you're asking for trouble,"

 

but I found this to be funny.. somebody tell me where I can get a 1500cc quad. Grin

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« Reply #2 on: October 04, 2006, 08:20:07 AM »

I think everyone needs to just give in and let their county do as they please instead of calling their commissioners. You will not get anything done if you don't speak out. Although the newspaper says the county has opted out, only means that they have asked the county attorney to draw up an ordinance to opt out to be put on the agenda to opt out. Also remember that if people speaks up, they can change their mind if you give them a valid reason.
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« Reply #3 on: October 04, 2006, 08:32:46 AM »


"I think the only person who thinks it's a good idea is the senator who introduced it," Lake County Sheriff Chris Daniels said.

"There a number of problems with ATVs," Daniels said. "They aren't obeying the speed limit, and they create a greater enforcement problem for us."


"If you take a 12- or 13-year-old kid and put him on a 1500 cc all-terrain vehicle capable of speeds up to 60 mph, you're asking for trouble," he said. "The roadways are far too congested as they are without adding in ATVs."


That guy sure knows his stuff...

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« Reply #4 on: October 04, 2006, 08:55:57 AM »

Yunt - maybe you or someone else can explain this to me, but how is a county allowed to OPT OUT of a LAW?
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« Reply #5 on: October 04, 2006, 10:01:16 AM »

Yunt - maybe you or someone else can explain this to me, but how is a county allowed to OPT OUT of a LAW?


Read the second part.


Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter
 
316.2123  Operation of an ATV on certain roadways.--

(1)  The operation of an ATV, as defined in s. 317.0003, upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision of a licensed driver. The operator must provide proof of ownership pursuant to chapter 317 upon request by a law enforcement officer.

(2)  A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section.

History.--s. 14, ch. 2006-290.
 
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« Reply #6 on: October 04, 2006, 11:15:39 AM »

Yunt - maybe you or someone else can explain this to me, but how is a county allowed to OPT OUT of a LAW?


Read the second part.


Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter
 
316.2123  Operation of an ATV on certain roadways.--

(1)  The operation of an ATV, as defined in s. 317.0003, upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision of a licensed driver. The operator must provide proof of ownership pursuant to chapter 317 upon request by a law enforcement officer.

(2)  A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section.

History.--s. 14, ch. 2006-290.
 


Thank you. I figured it was written somewhere - I was confusing 2 different issues.
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« Reply #7 on: October 04, 2006, 01:42:25 PM »

      I find it amazing that the reasoning all these counties are opting out, is people breaking the statute, ie:
traveling 60mph, unhelmeted children driving recklessly, etc-etc-etc, that will continue to ride on these roads anyway.   If they were going to break the new law, they certainly don't have any issues with breaking the ones already in place.    LETS GET REAL!!!!!!!
      If no one ever saw a trooper on the Interstate, traffic would travel at 90 mph, so rather than enforce existing laws, by their logic we should close all the interstates because some people will abuse the law.  Enforcement of the law is the key, let the bad apples pay the consequences for their actions.....   
      As a retired Law Enforcement Officer, at the administrative level,  ENFORCEMENT WORKS!!!  and those who the law is intended to benefit would indeed benefit.    Look at Wyoming, W.Virginia etc. who allow ATV's to share the roads in limited situations as the FL statute allows.    IT WORKS!!!!!!
« Last Edit: October 04, 2006, 01:44:01 PM by LeBlanc's » Logged
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« Reply #8 on: October 04, 2006, 01:56:41 PM »

      I find it amazing that the reasoning all these counties are opting out, is people breaking the statute, ie:
traveling 60mph, unhelmeted children driving recklessly, etc-etc-etc, that will continue to ride on these roads anyway.   If they were going to break the new law, they certainly don't have any issues with breaking the ones already in place.    LETS GET REAL!!!!!!!
      If no one ever saw a trooper on the Interstate, traffic would travel at 90 mph, so rather than enforce existing laws, by their logic we should close all the interstates because some people will abuse the law.  Enforcement of the law is the key, let the bad apples pay the consequences for their actions.....   
      As a retired Law Enforcement Officer, at the administrative level,  ENFORCEMENT WORKS!!!  and those who the law is intended to benefit would indeed benefit.    Look at Wyoming, W.Virginia etc. who allow ATV's to share the roads in limited situations as the FL statute allows.    IT WORKS!!!!!!


EXACTLY, That is what I have been saying. Maybe everyone needs to print out your quote and take it to the commissioners and speak about the law. If noone can take a day off to go to the commission meeting then they will never have a place to ride.
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« Reply #9 on: October 04, 2006, 02:06:36 PM »

      I find it amazing that the reasoning all these counties are opting out, is people breaking the statute, ie:
traveling 60mph, unhelmeted children driving recklessly, etc-etc-etc, that will continue to ride on these roads anyway.   If they were going to break the new law, they certainly don't have any issues with breaking the ones already in place.    LETS GET REAL!!!!!!!
      If no one ever saw a trooper on the Interstate, traffic would travel at 90 mph, so rather than enforce existing laws, by their logic we should close all the interstates because some people will abuse the law.  Enforcement of the law is the key, let the bad apples pay the consequences for their actions.....   
      As a retired Law Enforcement Officer, at the administrative level,  ENFORCEMENT WORKS!!!  and those who the law is intended to benefit would indeed benefit.    Look at Wyoming, W.Virginia etc. who allow ATV's to share the roads in limited situations as the FL statute allows.    IT WORKS!!!!!!


EXACTLY, That is what I have been saying. Maybe everyone needs to print out your quote and take it to the commissioners and speak about the law. If noone can take a day off to go to the commission meeting then they will never have a place to ride.


No one in Pinellas County has even heard of the new law. I called the county commissioner on Monday, Tuesday and today still waiting on a call back. I was told "as soon as we can figure out what law you are talking about we will get back to you". Granted there are no dirt roads anywhere close to where I live. I was just trying to see if Pinellas opted out.

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