I guess now all atv companyies are going have
lawsuits againest otp out each county new atv state law and if they don't make enough
money off there atv sells then they'll find out.. I guess i have tell Dw about suwannee county opts out new atv law!!
http://www.suwanneedemocrat.com/siteSearch/apstorysection/local_story_292163617.htmlPublished: October 19, 2006 04:36 pm
County opps out of new ATV law
Robert Bridges, Democrat Reporter
A new state law allowing use of all-terrain vehicles (ATVs) on unpaved roads no longer applies in Suwannee County. The County Commission voted to opt out of the law at a chaotic Oct. 17 meeting which saw angry exchanges between those on both sides of the issue.
The new statute, which took effect Oct. 1, changed Florida law to allow ATVs on unpaved public roads with speed limits less than 35 miles per hour. Children would require adult supervision.
A number of residents at the meeting complained of road damage caused by ATVs. They said that riders sometimes purposely damage graded roadways by cutting “doughnuts” into the surface. Others worried that easing restrictions on ATVs would increase the number of injuries and deaths caused by the vehicles. Numerous fatalities and serious injuries have resulted from use of ATVs in Suwannee County in recent years.
Supporters of the new law argued that ATV users were mostly responsible, law-abiding citizens who shouldn’t be punished for the actions of a few.
Commissioner Douglas UDell agreed, suggesting that ATV riders were being unfairly stereotyped. “I have problems with this,” he said, suggesting that viewing all ATV users as potential vandals and troublemakers was no different than judging someone based on his or her religion.
In the end the commissioners voted 4-1 to opt out of the law, with UDell the lone dissenter.
For Commissioner Randy Hatch, the real issue was public safety. “I think less government is best,” he said, “but when you have a public safety issue that is this pronounced” governmental bodies must act.
“Somebody said, ‘This brings families together,’” Hatch said. “It does. To the funeral.”
Commissioner Billy Maxwell called the legislation allowing ATVs on public roads “a disaster waiting to happen.”
The public comment portion of the meeting was marked by jeering, heckling and angry outbursts. Although Commission Chairman Ivie Fowler did on a number of occasions call for order, some citizens returned to the podium numerous times to speak of their feelings about the law. Public comments were drowned out at times by catcalls and booing.
On one side of the issue, concern seemed equally focused on property damage and public safety. Barbara Ceryak made clear her priorities, though. “I don’t want to kill a child in my car,” she said. “I don’t want to live with that no matter whose fault it is.”
George Barthelmes raised the issue of liability in the event of accidents. “What if a kid runs into the side of my pickup truck,” he asked. “What if they get hurt? Am I liable? I don’t want to open that door.”
Diana Doom said a pair of speeding ATVers had recently run over her dog then disappeared into the woods. She said that “it could have been one of my grandchildren” instead of her dog.
On the other side of the issue, Wayne Rutherford pointed out that not all ATV use is recreational. He said he uses his to help with farm work, which sometimes requires him to ride for brief periods on public roads. At which point he was interrupted by a heckler who shouted, “Keep it on your farm.”
Kenneth Dasher echoed Rutherford’s comments about non-recreational ATV use and asked the commission to consider an exemption for agricultural use of the vehicles.
ATV enthusiast Daniel Howard, in one of his three trips to the podium, told commissioners that “it sounds like you’re trying to prove us guilty before we have a chance to prove our innocence.”
"Four-wheelers are not tearing up the roads like you’re being led to believe,” he said. “Suwannee County school buses tear up roads worse than some four-wheelers.”
He asked the board to “let it ride for a while and let us prove our innocence.”
Steven Strickland animatedly told commissioners "I'm a lawbreaker" and had “an arsenal” of ATVs he had often ridden on county roads. However, he said, he never caused property damage when doing so.
Some citizens worried that use of their golf carts and other recreational vehicles might be restricted. However, golf carts are not considered ATVs under Florida law. According to the statute, "'ATV means any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger."
The legislature included the opt-out provision in anticipation of objections from rural counties. So far, Suwannee, Alachua, Columbia and Putnam counties have rejected the law.
Robert Bridges can be reached by calling 386-362-1734 ext. 134 or by e-mail at
robert.bridges@gaflnews.com 
