New ATV Law??????????

[greenmachine]

I stopped into Cahills Yamaha in Dade City today and asked to see a Raptor250 for my son to move up on for racing. An older white haired gentleman who appeared to be the manager said all the 2008 & 09's were gone and the 2010's were on order. I said I was looking for a leftover because it would be raced and most of the stock parts stripped off.
He then said to me "you better make sure your son is 16 or older or YOU WILL GO TO JAIL"!  ???wth
I said sir I understand the CPSC recommendations and so called age  requirements that they want us to live by, but I never told you how old my son was.
He then said, "well I am just letting you know that I had 2 customers arrested for child endangerment for simply allowing their under 16 children to ride quads that were 250cc or higher and one was in the woods and the other on his own property".
Now I  say to him, "have you ever been to a quad race night at Dade City before?"
"there is a lot of kids whose parents would go to jail if this were the law as you state"
He then said AND I QOUTE "yeah I dont know why the cops dont go to the racetrack and arrest those parents instead of people on their own property"
Now I am really stunned by this. I say "do you understand what that would do to your business?"
He said "my business is already down due to the economy"
i said buddy, my son happens to be 11yrs old and I bet he could outride most adults that you sell quads to"
He then said, "hey man I am on your side"
I said it sure as heII dont sound like it and walked out.

[greenmachine]

Oh yeah he then tried to tell me that it is illegal in Ohio for a kid under 16 to race any type of OHV. I said, really because there are several videos on the net that show races all over Ohio and several race quad shops are based in Ohio just for kids.
He then said, "oh well maybe it was Minnesota"
This guy was definitely the reason his business is doing bad. What a fool!!!!!

[renmus]

So, did you do any research on this "new law"??

[CEC]

We have property in the middle of 2000 acers of state land near the panhandle. This land is not designated as a state atv park, but it is a wildlife preserve that allows atv use. My son is 9 years old and rides a Honda 300 ex, this the 3rd atv he has had since he was 5. As a parent, when my son is not afraid of his bike anymore he either has to move up or stop riding. When you think you have complete control of what your on thats when you get hurt. Everytime my son and I ride we usually see a officer from Florida game and wildlife or the Dixie County Sheriff. They have said to me that where we are riding that they are not going to enforce this law that they are just happy that my son is wearing a helmet, boots and every other piece of safety equipment that I can buy. But also keep in mind that you can also still ride your atv right up to the gas pump at the store to put gas in it as well.

[greenmachine]

So, did you do any research on this "new law"??

nope, I was hoping someone could set me straight. I did speak with a sheriff friend and he said that it could be child endangerment if you are allowing your child to run the roads unsafely with a quad above the age recommendations which makes sense even if it were a smaller quad, but the way this guy came across was way out of line.
He said simply allowing your kid to ride will get you arrested.
I just thought this guy was a bit odd and surely lost any chance in heII of making a sale from me.
I do know that there are nationally sanctioned atv races in Ohio though.

Actually I just googled it and all I could come up with is that a child under 16 must be under adult or licensed driver supervision and wearing a helmet.
All normal things that my kids have to deal with.
Child endangerment could be interpreted many ways, a kid jumping off the roof into his pool could be that or target shooting with a bow and arrow or hunting with a rifle. These things are supervised and taught in my home and my kids respect what they are taught. This guys "customers" had to be allowing their kids to do something really stupid like driving on the road and or no safety gear.

[patches206]

All falls under Florida 261.01
www.leg.state.fl.us/STATUTES

They base the age on the manufactures age restiction on the safety decal   required by fed. law.   

Here is some of the Florida Law.


261.20  Operations of off-highway vehicles on public lands; restrictions; safety courses; required equipment; prohibited acts; penalties.--

(1)  This section applies only to the operation of off-highway vehicles on public lands.

(2)  Any person operating an off-highway vehicle as permitted in this section who has not attained 16 years of age must be supervised by an adult while operating the off-highway vehicle.

(3)  Effective July 1, 2008, while operating an off-highway vehicle, a person who has not attained 16 years of age must have in his or her possession a certificate evidencing the satisfactory completion of an approved off-highway vehicle safety course in this state or another jurisdiction. A nonresident who has not attained 16 years of age and who is in this state temporarily for a period not to exceed 30 days is exempt from this subsection. Nothing contained in this chapter shall prohibit an agency from requiring additional safety-education courses for all operators.

(4)(a)  The department shall approve all off-highway vehicle public safety-education programs required by this chapter as a condition for operating on public lands.

(b)  An off-highway vehicle must be equipped with a spark arrester that is approved by the United States Department of Agriculture Forest Service, a braking system, and a muffler, all in operating condition.

(c)  On and after July 1, 2008, off-highway vehicles, when operating pursuant to this chapter, shall be equipped with a silencer or other device which limits sound emissions. Exhaust noise must not exceed 96 decibels in the A-weighting scale for vehicles manufactured after January 1, 1986, or 99 decibels in the A-weighting scale for vehicles manufactured before January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. Off-highway vehicle manufacturers or their agents prior to the sale to the general public in this state of any new off-highway vehicle model manufactured after January 1, 2008, shall provide to the department revolutions-per-minute data needed to conduct the J-1287 test, where applicable.

(d)  An off-highway vehicle that is operated between sunset and sunrise, or when visibility is reduced because of rain, smoke, or smog, must display a lighted headlamp and taillamp unless the use of such lights is prohibited by other laws, such as a prohibition on the use of lights when hunting at night.

(e)  An off-highway vehicle that is used in certain organized and sanctioned competitive events being held on a closed course may be exempted by departmental rule from any equipment requirement in this subsection.

(5)  It is a violation of this section:

(a)  To carry a passenger on an off-highway vehicle, unless the machine is specifically designed by the manufacturer to carry an operator and a single passenger.

(b)  To operate an off-highway vehicle while under the influence of alcohol, a controlled substance, or any prescription or over-the-counter drug that impairs vision or motor condition.

(c)  For a person who has not attained 16 years of age, to operate an off-highway vehicle without wearing eye protection, over-the-ankle boots, and a safety helmet that is approved by the United States Department of Transportation or Snell Memorial Foundation.

(d)  To operate an off-highway vehicle in a careless or reckless manner that endangers or causes injury or damage to another person or property.

(6)  Any person who violates this section commits a noncriminal infraction and is subject to a fine of not less than $100 and may have his or her privilege to operate an ATV on public lands revoked. However, a person who commits such acts with intent to defraud, or who commits a second or subsequent violation, is subject to a fine of not less than $500 and may have his or her privilege to operate an ATV on public lands revoked.

(7)  Public land managing agencies, through the course of their management activities, are exempt from the provisions of paragraph (5)(a).

History.--s. 4, ch. 2006-290.