Pages: 1
Posted by: nuke
Not a resident of Idaho, but seriously considering moving there in the near future. Is this becoming an issue in your state? From my trips up there (Rexburg) I always viewed Idaho as fairly tolerant of ATVs. Will the proposed action also include side-by-sides?
Posted by: nuke
I was referring to something like a Polaris Ranger or Yahama Rhino
Posted by: nuke
In a similiar manner, we were tricked here in rural Nevada by the BLM. It sounded on the surface as they were really interested in helping us by designating trails and routes exclusively for ATV's. However, under the same umbrella they withdrew many of our good riding locations to become Wilderness areas which are not permitted motorized travel. Yes, I can see there point, as some riders tear up the countryside with carelessness. I fully expect the BLM to take further steps, eventually restricting OHV's to ONLY the approved routes.
Posted by: nuke
MotoF150 you've definitely convinced me to be thankful for our riding freedom in the western U.S. The requirements to ride on state sanctioned trails in your area are WAY too demanding! Not saying it won't eventually happen here, but for the present there is much more freedom. I can't fathom prohibiting operators under the age of 16. So much for a family outing. Additionally, to me riding on the "straight and level" is not what it's about with ATV's. Give me the good old "public lands" any day! The BLM may be tightening the screws, but nothing akin to what you have. You/we are being legislated beyond reason. What ever happened to freedom of personal choice? Too many greedy lawyers out there!
Posted by: nuke
No, in Nevada we cannot operate an ATV on just any public road. Yes, paved and unpaved roads are treated differently. Travel on county maintained unpaved roads is up the local law enforcement agency, but generally we have free access. However, recent legislation permits local law enforcement agencies to allow egress/ingress via town roads to trails. This privilege comes with restrictions such as helmet, under age 16 accompanied by an adult on another machine (only while exiting/entering town), and registration certificate (previously Nevada did not require registration.) It is all about liability, as Nevada has no requirement for insurance -yet. As most of Nevada is BLM administered "public land" I see more controls coming from the Feds. They have justification, as irresponsible operators do their best to destroy pristine countrside, not content to remain on existing trails.
Posted by: nuke
LW, here is the link to the legislation enacted last session http://www.leg.state.nv.us/73rd/bills/SB/SB400_EN.pdf Of course they tell us the primary reason for registration is to track thefts, but in my opinion one of the main concerns is to collect sales tax on out of state purchases. In the past purchasing a machine in Utah for example, one could sign a non-resident form and avoid sales tax in that state. As we had no registration, they would only catch up with you if it was financed and a Nevada title was required by the financing entity. However, it is similiar to a license plate in that they can track the owner, or if someone wishes to report operator infractions of the law. Good and bad, as are most such programs. At least now enforcement won't depend on the mood of the officer.
As we are giving some consider to relocating in Idaho upon retirement, do you see any selective restrictions now or coming in regard to side-by-sides (Rhino, Ranger, etc) using ATV trails?
Posted by: nuke
LW, thanks for the in-depth information! We are considering somewhere within an hour's drive of Rexburg to be close to the granchildren. Not a dunes person, but love to travel old mountain/logging roads. At age 65 a "putter", wildife observer, and photographer.
Interesting you should mention the BLM gate width. My dealer mentioned this was one of the primary reasons holding up release of a Honda UTV. Haven't seen any such gates in my area yet, but I'm sure they are out there. No doubt the BLM will forge ahead and build the gates by the "specs" oblivious to the surge of UTV machines on the trails. The Rhino might squeeze through, but a Ranger will be out of luck as it is approaching the size of a Jeep. Besides, the BLM doesn't particularily like us on "their" land.
MotoF150, all I can say is you are invited to relocate to the sparsley populated West. We DO enjoy our freedoms out here. I notice you own an F150 truck, so you would fit right in! No self-respecting mountain states resident would be without a truck. Smile! Don't go TOO far west and end up with the prune-pickers in California (I can say this, as I R one by birth!) as that state is regulated to death. I agree, a few bad apples will spoil it for the rest. Mentioned previously on this thread, we have the bunch that refuse to behave and respect the countryside or others. We have another advantage. There are so darned many OHV owners here, so the legislators listen.
Posted by: nuke
MotoF150 you are absolutely correct! The vast majority of law enforcement officers wish to accomodate ATV operators, and in fact many own ATV's, but if we raise the flag high enough they will be forced to go by the letter of the law. Yes, we must rally together to fight or support legislation, but otherwise it is best to remain low key and ride with consideration for the enviornment and others.
Posted by: LoneViper
I've been following your plight, here in Montana, the state required all ATV's to have a forrest registeration and a liscence plate. In addition all ATV had to have brake lites, horn and a rear view mirror. Upon meeting these requiretments all ATV where street legal and have the same rights as a motorcycle on the roadways.
The state realised they may of made a mistake, as there are ATV on alot of roads, they tryed to change the rules and force hiway type of tire but that was shot down. So for now ATV s are allowed on all roads.
Posted by: 99ajax
As an Idahoan with a currently street legal ATV, I'm not a fan of the new legislation. I went to the effort and expense to make my ATV street legal (registration, insurance, lights, horn, mirror), and right now I can drive on ALL roads, as if I were a car or truck....not to mention I can do the same in Utah and Wyoming with my ID plates. This legislation will mean I spent all that money for nothing and now I wouldn't be able to drive on paved roads, like I can now. No more riding my ATV to work, no more riding to trail heads, no more riding it to the gas station, no more quick trips to the store. A lot of ranchers in our community would be negatively affected by this as well. They drive their ATVs to where their cattle are grazing or to move irrigation pipe, and there's not always a route consisting of only unpaved roads.
BTW, where can I find a copy of the current legislation about the DOT tires required for ATV's? I've never seen anything about it in the regs, and it's never been an issue where I ride or when I got my plates.
Posted by: 99ajax
I'm still confused about why they are bothering with this legislation. The current Idaho Parks and Recreation requirements for on-highway use by dirtbikes and ATVs already specifically states that when met, you can "operate....on roads, which are part of the state, county or city highway system, and paved roads on management agency lands. In general, these are roads that are paved or have a well maintained gravel surface." They specifically mention PAVED roads and nowhere in the Parks and Recreation regs or in the Idaho Statutes does it mention DOT tires being required. If they want to get technical about meeting Federal Motor Vehicle Safety Standards, what are they going to do about windshields, wipers, passenger restraint, etc. that are also all mentioned in the federal regulations? I have just emailed an inquiry to the Idaho State Highway Patrol to find out their policy concerning ATVs operating on roadways. I am also going to call the ISP Region 6 office and talk to our local Sheriff's Department on Monday. I'll let you know what they all have to say.
Posted by: 99ajax
Trailblazer, you're right about the IPR regs concerning highway use by ATVs being ambiguous. However, it seems a little odd that they should specifically mention paved roads if DOT tires are required, but DOT tires for ATVs do not even exist. And I have read through the entire Idaho Statutes Chapter 49 that pertains to motor vehicles and I cannot find any mention of DOT tires being required. The chapter talks about required equipment on motor vehicles, including tire load limitations, studs, etc., but nothing about meeting Federal Safety Standards. Where is this statute that the ISP is supposed to be enforcing? And again, if they are going to enforce that federal code, what about all the other motor vehicle safety standards that would be impractical, if not impossible for an ATV to meet?
It seems to me a better approach to meet this "gray area" of ATV use would be to exempt ATVs, UTVs, etc. from the Federal Safety Standards for motor vehicles and create a separate definition for them for use on roads. Continue to require registration and licensing like they have, but clarify the tire issue....even restrict the speed of these types of vehicles on paved roads if they want to address the safety aspect. Because even if they do ever make DOT approved tires for ATVs, they probably wouldn't be appropriate tires for trail use and who wants to switch out tires just for riding to the trailhead, or for short periods on pavement between trails? I guess another option would be to allow the counties to designate what paved roads licensed ATVs would be allowed to be on. I don't have a problem being banned from the state highways, I wouldn't want to drive at those speeds anyways. But it would be nice to still be able to operate on the county and city roads that just happened to be paved, but have lower speed limits set on them.
My biggest concern if they pass this new legislation is how it will affect my ability to ride locally. There are several NFS trails within a couple miles of my house (one trailhead is only 6 blocks from my house) that I ride to every week. However, at least part of each route is on paved roadway. If they ban ATVs from paved roads, I would have to trailer my ATV just to go a couple miles! There is also one trail system in Madison county that you have to drive a couple miles on pavement to get from the designated parking area to the trail. I will be attending the meeting in Idaho Falls on the 15th to address these concerns and hear what they have to say about the new regs.
BTW, I'm a she
Posted by: 99ajax
I wouldn't have a problem with the proposed legislation as long as the counties have the option of designating paved roads where ATVs are allowed. I do think our County's governing bodies would be willing to work with local riders to allow them to ride on appropriate paved roadways. Heck, I ride by one of our deputy's houses (on a paved road) a couple times a month on my way to a trail. I'm wondering how other states that allow street legal ATVs have gotten around the CFR49 requirements.
Posted by: 99ajax
It's interesting that you brought up the financial aspect of state regulation of ATVs. In fact, if this new legislation passes in Idaho, the state will actually lose revenue because they will eliminate the fee we have to pay to title and tag our vehicles for on-highway use. We will only have to register and pay for an OHV sticker (which we have to do now, anyways).
Posted by: 99ajax
Nuke, If you're going to be in the Rexburg area, you are looking at hundreds of miles of NFS roads to ride on. The Caribou-Targhee National Forest covers a good portion of this corner of the state. There are actually several ranger districts within the Forest and they all put out really good travel maps that designate exactly who can travel where. There are trails for hikers, mtn bikes and horses only (no motorized vehicles), trails for ATV/dirt bike use, and roads for high clearance vehicles >50". It's actually a great place for UTV's and Jeeps. I ride a lot in the Palisades and Teton districts, but Island Park and Dubois Districts to the north and Montpelier and Soda Springs districts to the south also have a lot of area I have yet to explore. Our biggest restriction to trails is the weather/seasons. The NFS switches their trails to "winter use" from Thanksgiving until whenever the trails are dry in the spring. ATVs are not allowed on the trails during this time....they are for snowmobile use only, and even closed to all traffic during the spring melt to cut down on ruts and erosion. We all get very anxious around here come spring!!
In addition to NFS land, there is a big chunk of BLM land in the Craters of the Moon area to the west of Rexburg. I haven't ridden over there, but I have the maps and it looks like there's plenty of UTV/ATV roads. They don't get as much snow over there, so the riding season is longer.
Posted by: 99ajax
I wasn't able to speak with our County sheriff today (he's a little preoccupied with trying to get re-elected tomorrow), but I did get the following reply from the ISP today......
"Idaho law allows local jurisdictions (cities and counties) to designate specific roads where ATVs may be legally operated. In order for any motor vehicle, including ATVs, to be legally operated on any other (non-designated) paved road, all equipment requirements of Idaho code must be met. These requirements may be found in Title 49, Chapter 9 of Idaho Statutes. (http://www3.state.id.us/idstat/TOC/49009KTOC.html ) If your ATV meets all of these requirements, it would be legal under the present law to operate on a paved road.
There is, in fact, a committee working with the legislature and the Idaho Transportation Department?s Division of Motor Vehicles (DMV) to clarify the laws relating to motor vehicles operated on highways. This has become necessary because of the proliferation of non-conventional vehicles. Many of these non-conventional vehicles, which were never intended to be operated on the road, are being operated on our highways. The standard being considered is the requirement that vehicles must meet the requirements of the Federal Motor Vehicle Safety Standards (FMVSS) in order to be registered. The FMVSS standards include the tire requirement you mention, as well as many others. I am not aware of a single ATV manufacturer claiming that their ATVs are intended for on-road use. I own and operate an ATV myself, and when I purchased it, it had large warning stickers proclaiming that the ATV should never be operated on paved roads. The owner?s manual has similar warnings against operating on pavement. Also, my insurance policy does not cover paved-road use.
As for ISP?s stance on enforcement, if an officer observed a violation of the law, it would be up to that officer as to the type of enforcement action taken. Our officers have full discretion to issue warnings or citations for any observed violation. I hope I have been able to answer your questions. If you need any further information, please feel free to contact me.
Sincerely,
Major Steve Jones
Patrol Operations
Idaho State Police
(208) 884-7204
.....He considers us street legal as long as we meet Idaho Statutes and nowhere in the Idaho statutes does it say we need to have DOT tires. The CFR49 motor vehicle safety standards are what they are trying to add to the state statutes with this new legislation. Of course, he does mention that it is up to the individual officer's discretion as to whether or not there is a violation, and I guess if any given officer decides to exercise his/her jurisdictional right to enforce federal law, then I guess you might get a ticket for not having DOT tires. This has never been a problem in our rural county, so needless to say, I and many others will be attending the Idaho Falls meeting next week and strongly opposing the proposed legislation.
Posted by: 99ajax
Actually, we are following the law and the state and counties consider us street legal (if we meet state statutes, which isn't hard to do). What someone is trying to do is change the law so we can no longer drive on paved roads. If we just sit back and do nothing at this point, the legislators voting on this measure will think there is no opposition and they will pass it. We aren't trying to change anything....we are trying to keep it the same as it's always been.
BTW, LW, do you know who started all of this?
Posted by: 99ajax
Hey LW,
Have you gotten a chance to read the latest version of the proposed legislation being presented to the State this month? Apparently the Idaho Transportation Department went over all of the public comment and the workforce met right before Christmas. I've got a call in to Steve Frost in hopes he can get me a copy. I'd like to know the exact wording so I can submit my comments to the State Legislature before they vote on it.
After attending the public comment meeting in IF and having a Q&A session with the organizations behind the proposal (mostly the ITD), I must say they really aren't fixing any of the things they claim to be fixing, and in the end ATVers will be more restricted than we are now. They only thing we've got going for us here in Teton County is that the local sheriff dept won't do much in the way of enforcing the new rules. They understand that driving ATVs on roads (including paved roads) around here is a practical and sometimes necessary practice.
Posted by: 99ajax
I know this is more than a paragraph, but here's a summary of what's happening......
1) Current state statutes allow ATVs to be driven on roads (including paved roads) if they are registered and licensed as a motor vehicle and meet the requirements of Idaho Statute 49. Basically you need a headlight, taillight, brake light, horn, rear view mirror, license plate, driver?s license, and proof of liability insurance.
2) In order to operate on the National Forest Service trails and gravel roads, you need an OHV sticker. You also need a driver?s license if you are on the NFS roads. This will not change.
3) The Idaho Transportation Department (ITD) is working to pass legislation that will clarify ATV use by adding the Federal Motor Vehicle Safety Standards (FMVSS) to the State Statutes. They claim that the State can?t ?trump? federal law and it is actually illegal to allow motor vehicles on the roads if they don?t meet FMVSS. No ATV manufacturer meets these requirements. (Windshields, seat belts, DOT approved tires, airbags, etc.)
4) The new legislation will allow ATVs to be driven on any unpaved road with just an OHV sticker. You will still need all of the equipment listed in #1 above.
5) The new legislation allows individual counties or cities to designate certain paved roads where ATVs would be allowed. This would mean petitioning the county for an ordinance change which has to go through a public hearing and be voted on by the county commissioners. Not only is this a long and tedious process, the legality of this loophole is questionable. If the State claims that they don?t have the right to ?trump? federal law, then what gives the County the right to do so? (Quite frankly I just think this was just a lame excuse given by the ITD to try and pass this legislation...after all, Nevada, Utah, Montana, Arizona, etc., all allow properly licensed and equipped ATVs to drive on their roads)
6) ATVs used for agricultural purposes will be allowed on paved roads if travel there is necessary for your ranching/farming needs. However, if you have an OHV sticker on your ATV in order to ride on the NFS/BLM trails, the State considers this a recreational off-road vehicle and the agricultural exemption does not apply. How many farmers/ranchers have 2 ATVs - one for recreation and one for work?
7) So as far as how this legislation affects ME.....it will ban ATVs from all paved roads, where currently I can legally operate my ATV. I will have to have my ATV on a trailer to even leave my driveway. I cannot drive to the gas station 4 blocks away to fill up with gas and I can?t drive it to the several trailheads that are within a mile or two of my house.
According to Dave Claycomb with the Idaho Parks and Recreation Department, the legislation is currently being reviewed by Representative Wood. I don't know if or when it is going to the State Congress for consideration.
Hope this helps.
Posted by: 99ajax
I never really understood why there was confusion about where you can ride your ATV. That was one of the excuses the ITD was using to explain why they wanted to pass this new legislation. If you just title and license your ATV and equip it with the stuff mentioned above, you can ride on any gravel or paved road. If you have an OHV sticker, you can ride on the trail systems. What's the confusion? I've always carried a copy of the IDPR regs and the Idaho Statutes that show that I am legal in case I ever got stopped by an officer who might think ATVs aren't allowed on roads, but I've never needed to show them. The new legislation is going to restrict where I can drive.
As for our county commissioners, the subject hasn't even come up. Unfortunately, we are probably the only county in the state of Idaho with a democratic county commission. They are newly elected, so we aren't sure how they stand on this issue. But like I said before, I've talked to our Sheriff, and his deputies have better things to do than stop someone who is driving responsibly on a county road.
Posted by: 99ajax
This is the reply I got from Major Steve Jones with the ISP concerning ATV on roads....
"Idaho law allows local jurisdictions (cities and counties) to designate specific roads where ATVs may be legally operated. In order for any motor vehicle, including ATVs, to be legally operated on any other (non-designated) paved road, all equipment requirements of Idaho code must be met. These requirements may be found in Title 49, Chapter 9 of Idaho Statutes. (http://www3.state.id.us/idstat/TOC/49009KTOC.html ) If your ATV meets all of these requirements, it would be legal under the present law to operate on a paved road."
The regs published by the IDPR support Major Jones's statement and specifically state that ATVs can be operated on roads (including paved roads) if they meet the equipment requirements I've listed before.
The problem is that local law enforcement officers and even different officers within the ISP are interpreting the current law in different ways. The biggest change that the ITD is trying to make to the Idaho Statutes is to add the Federal Motor Vehicle Safety Standards to Title 49. It is pretty much impossible to make an ATV that meets these regs which includes windshields, wipers, turn signals, airbags, DOT tires, etc. But again, they are leaving it up to individual counties to designate certain paved roads that ATVs can drive on, so the confusion as to where you can ride is not going to get any better as you go from one county to another.
Like I said before, I carry a copy of the Idaho Statutes, the IDPR regs and the letter from Major Jones with me on my ATV. If I ever got stopped, I could show the officer all of these documents to support my legal right to be on the road.
Posted by: 99ajax
What is your email address? It would probably be easiest to forward Major Jones's letter directly to you.
You can get the IDPR regs at www.idahoparks.org. Click on recreation and then motorbikes/atvs. Select "Download the guide to equipment and registration requirements" and it will open a .pdf file of their Motorbike/ATV brochure. Check out Section 2 - On Highway Requirements. It specifies what equipment is needed and which State Statute you can find the specific regs. The State Statutes would be a huge file to email to you, but you can go directly to the website and view them for yourself. Go to www3.state.id.us and click on Idaho Statutes - Table of Contents. Title 49, Chapter 9 deals with motor vehicle equipment.
It seems to be the Idaho Transportation Department that has the problem with ATVs operating on roads and they are the ones trying to change the current legislation. I don't understand their reasoning because they could not give us any stats to show that there is a safety issue, If they really don't want ATVs on Idaho roads, why are they still leaving it up to the individual counties to designate roads where we can operate?
Posted by: 99ajax
Well, it looks like this legislation is moving right along. It is currently known as House Bill 0187. On the good side, they are keeping the license plates so we don't get screwed out of being able to ride on roads in other states.
I have been very against this legislation because we have never had an issue driving on paved roads around here (if you have a license). If it does pass, paved roads would be officially off limits. Our county commissioners are so lame it would take them forever to actually pass ordinances to make certain paved roads accessible to ATVs. I guess I'll just have to rely on the fact that our local law enforcement has better things to do than harrass those of us that ride on paved roads to access trails, plow our friend's driveways, fill up with fuel, move irrigation pipe, manage our cattle, or even ride to work on nice days. Heck, the sheriff's own brother and dad have land on both sides of the state hwy and they ride their ATVs up an down it all the time to go to each other's houses or look for their dogs or feed the cattle, etc.
Posted by: MotoF150
It won't work in Idaho! The State is responsible and liaiable for the saftey of its residents. Here in Pennsylvania its the local goverment and countys that make the laws on owning and where to ride an ATV. There is a bill that will be voted on after the election concerning emission laws and the age of any person operating a ATV, it will be illegal to change the fuel and exhaust system causing ozone depleting CO harmful gasses from destroying our enviroment, and make it illegal for anybody to operate an ATV under the age of 16. The state has state approved riding areas thru-out the state that are patroled by state DCNR officers, you only need to show proof of ownership, DCNR plate and registration, ur legal age, and proof of insurance, and dot approved helmet and goggles with proper riding clothes and shoes and gloves, The courses are safe, they take great care to provide straight and level trails to ride on.
Posted by: MotoF150
To me its a bad and sickening feeling after I spent $6000 of my hard earned money for an ATV that im not permitted to ride it. Maybe the rest of you guys money flows like water to you and spending that much is nothing. Its funny how every year ATV sales have increased and at the same time the areas to ride have decreased. The state I live in has provided me areas to ride and im thankfull for it, but I know in a matter of time one bad ATV Owner will abuse these trails, and or complain these trails are not competative enough and in time the state will shut them down. Instead of complainning about state sponcered atv trails be glad there is any trail to ride. Its impossible to fight for more areas to ride cause the majority of the people DO NOT OWN ATV's and they HATE you, just be glad for what you have now, keep it quiet, ride the areas without abusing the land. When you guys complain you shake up a hornets nest, you draw attention to yourself and more and more of you riding freedoms are taken away. All I ask for in a nice way is "SHUT UP" !
Posted by: MotoF150
You guys have it all wrong, the more attention you draw to yourself and where you can or cannot ride ur atv the better the chances you will lose ur area to ride. It only takes one atv owner troublemaker or loud mouth to ruin it for everybody. As an atv owner I support ur right to ride anywhere, but ride there quietly, don't cause trouble, never, never , never go to elected officials and complain, they will screw you everytime. Just ride and shut up!
Posted by: LW
Yes. Currently there is an amendment to Idaho State Laws to allow ATVs and dirt bikes to use all public maintained improved dirt roads in Idaho. Any public dirt road improved or not. The proposed legislation will require all drivers of ATVs or dirt bikes on dirt roads to have: 1. Drivers license 2. Liability Insurance 3. Off-Road Registration sticker 4. Lights during low visibility and night 5. Helmet if under 18 years old. No more quessing if you are legal. This amendment has support of the Idaho Sheriffs and Idaho Department of Parks & Recreation (IDPR). IDPR will have public hearings: 11/13/06 in Boise, ID; 11/15/06 in Idaho Falls; and 11/17/06 in Coeur'D Alene. Please voice your support to your local state legislators.
Posted by: LW
I don't understand the term side-by-sides. Riding two ATVs side-by-sides on a roadway?
Posted by: LW
I read thru the proposed legislation it groups it like this: motorcycles, all-terrain vehicles, utility type vehicles,....
On 10/12, IDPR got back to me and said, as they understand the proposal, it would include UTV's.
____________________________________________________________________
For Idaho riders: Just so you understand the current situation. Idaho does allow you to operate an ATV or dirt bike on a graded dirt road as long as you have a current drivers license, driving lights, brake lights, mirrors, horn, license plate, title, insurance. What's happen in past is, some officers have been bending the laws to allows ATV riders without the above equipment on graded dirt roads. Some officers have been writing tickets. ATV riders never knew if they officer was going to write a ticket, especially, if they were riding in an area that they didn't know the officers.
This legislature does not effective trail use on BLM, Forest Service, or State Lands.
However it allows to legally drive in small communities on graded dirt roads, such as Elk City, Idaho City, Centerville, Placerville, Silver City, Shoup, Murphy Hot Springs, Pine, Winchester, Avery, Murray, and so forth. Allowing you to access from trails to gas stations, small stores, motels, camp areas, etc.
Posted by: LW
All farming and ranching motorized vehicle using the orange triangle on the rear of the ATVs, tractors, and trucks will still exempt in Idaho.
DOT tires and other Federal Motor Vehicle Safety Standards (FMVSS) are not required for ATVs presently, but would be required to drive paved roads, streets, and highways under the new legislation. See comments by 99ajax on 11/06/06.
Posted by: LW
I was incorrect previously on present enforcement. See comments by 99ajax on 11/06/06.
Posted by: LW
What I'm interpreting is that in Nevada that anyone can drive ATVs on any public road. Or Nevada may have defined graded dirt roads and paved roads differently? In Pennsylvania, you ride state approved areas that the DCNR officers patrol, does that include any graded dirt roads, paved streets and highways to connect riding trails or open areas?
In Idaho, currently all public funded maintained graded dirt / gravel roads are legally the same as paved city streets and state highways for vehicle requirements. What this legislature is trying to do is separate paved and unpaved standards to allow ATVs to operate on all public funded maintained graded dirt / gravel roads. Basically changing definitions to comply with 49 CFR. This legislature no way affects ATVs use on Forest Service, BLM, or State trails or open areas.
What 99ajax is saying, she has a license plate, horn, mirror, insurance, title, and drivers license for her ATV, meeting what he understands is the street legal requirements to drive city streets and highways. Currently she drives the paved city streets in his town. I believe she could still get a ticket by a ISP trooper for vehicle safety requirements under 49 CFR. 99ajax has Emailed ISP & will be calling ISP to get clarification. Hopefully for 99ajax is correct and I am wrong on vehicle safety requirements for highways.
Posted by: LW
First I apologize as stereotyping gender. I edited it above.
I don't think you will find 49 CFR in Idaho Statutes. ISP officers were given federal authority to enforce all 49 CFR, because of their specialization in traffic laws. I believe Idaho is planning to move to adopt 49 CFR as the pertain to Federal Motor Vehicle Safety Standards. The ATV & dirt bike riders, I believe are trying to protect themselves by developing an exemption clause from FMVSS for public maintain dirt roads. Furthermore Idaho is leaving it up to each county highway district or county commissioners to make further exemption for paved roads. I believe this is not the same region for you, but Owyhee County went on record they will open numerous paved roads to ATVs and dirt bikes.
The true question in this whole thing is, can you and fellow ATV & dirt bike riders get the county commissioner, highway district, or city council to exempt the section of paved roads you use in your area.
Posted by: LW
I think Montana, Wyoming, & Colorado flex about FMVSS enforcement on rural roads by state police / highway patrol. Up to this point, Idaho has been avoiding the FMVSS enforcement too, with exception of a few officers. Not really knowing what brought this on, guessing that a few officers see laws by absolute. By the book, black or white, no gray areas. Or perhaps there has been a series of ATV accidents on public roadways and lawsuits.
Posted by: LW
Nuke, thank you. I apprecriate the info. Interesting how Nevada is changing. Idaho used to be kind of what county sheriff wanted to do. Some areas were as long as a person obey the general rules of the road, i.e. staying on the right side of the road. Some places needed mirrors, horn, license,, title, & proof of insurance. Some areas, were absolutely no way. Then sometimes state police would enforce the laws, getting into the mix too.
Actually you said something else I didn't realize, Nevada now has off highway vehicle registration (off road sticker) program? Could you tell me more about that program in Nevada?
Posted by: LW
Nuke, As of January 1, 2007, UTVs will be required to purchase an annual $10 OHV sticker. My background is primarily OHV areas in southwest Idaho.
Owyhee County there are 4,000 miles of OHV trail, of which 2,000 miles are single track trails (dirt bike). Within the Owyhee County area there are three developed trailheads with restrooms, unloading ramps, & marked routes. However trailheads are not required to unload and ride. I notice at the trailheads there are OHV entrance cattleguards to much of trails. Trails were originally designed for ATVs & dirt bike access. Then came UTVs, I think they may fit thru, but I am not sure. Call the BLM Office in Marsing at (208) 896-5912 or Email Ryan Homan at: ryan_homan@blm.gov on width of the cattleguards. The propose Owyhee Initative (wilderness areas) mandates all existing ATV & OHV trails will remain open.
Ada County has OHV areas for in BOPNCA & Boise Front. BOPNCA is existing routes. Boise Front has one OHV trailhead with designated trail system for OHVs, horses, mountain bikes, & foot use.
Elmore County has the Blacks Creek / Danskin OHV riding areas. Trails are designated for dirt bikes and ATVs/UTVs.
Gem County has one developed OHV open area called Little Gem.
Payette County has a free ATV motocross park called Clay Peak, web site: http://claypeakmx.com/
Washington County has a very small sand dune and OHV area.
FYI. In eastern Idaho, St. Anthony Dunes has OHV area. One of the nicest dune system in the west, bigger than Dumont & Sand Mountain. Check out : www.duneratt.com
Boise County has a several small rural communities that are in the pines, ATV friendly and with a network of dirt roads. If you just like cruising around on your UTV, consider Idaho City, Centerville, and Placerville communities.
I think I'm wondering on your question and this forum. I'd better stop.
Posted by: LW
99ajax, you are correct Idaho loses highway funds. In addition, Idaho OHV program gets a percentage of the gas tax as well as all the OHV sticker program that goes directly back out into field, not to enforcement salaries. Six OHV commissioners manage the the funds for OHV projects throughout Idaho.
Posted by: LW
MotoF150, I empathize with your situation in PA. I would be frustrated too, after spending $6,000 + with reducing areas to ride. I think in rural western states ATV use for ranching, farming, hunting, and general recreation is high. Where I live, at least every other household has ATVs. Though, I have met several people that buy a home to get better ATV access, then to see subdivisions or county planning and zoning block their primary access. Access is an extremely important. Without you don't have any activity. Definitely it only takes a few bad apples to ruin it for thousands.
Nuke, 99ajax has a better insight on how the land agencies manage the OHV use in eastern Idaho. I do know as you do that it is primarily USFS territory, i.e. forest & logging roads. Slightly different management style & regulations verses BLM. I definitely think it's worth doing research, always being aware that change will occur.
Posted by: LW
Excellent research! I am glad you jump on this forum. I had the DOT tire requirements wrong! FMVSS are not normally enforced on ATVs by ISP. It would be abnormal, if an ISP officer did enforce FMVSS on ATVs at this time. Thank you 99ajax!
Just some resources / ideas.
First get a copy of the draft / propose legislature in advanced from Steve Frost with IDPR, Recreation Resource Bureau Chief at (208) 334-4180, ext. 229 or Email: sfrost@idpr.state.id.us (FYI. Steve also enjoys OHVs, he is a dirt biker)
As planned, talk (speak from your heart*) at the IDPR meeting in Idaho Falls.
After the election and ask the sheriff, county commissioners, and highway district to authorized your area as designated for continued ATV use, if this bill goes through. Use your neighbors to say the same thing and encourage them to do the same with sheriff, commissioners, & highway district, especially encourage the deputy down the street.
Contact Blue Ribbon Coalition, 4555 Burley Drive, Suite A, Pocatello, ID 83202-1921, Phone: (208) 237-1008, Web site: www.sharetrails.org or Email at: broffice@sharetrails.org
Contact Jean McDevitt, Chairperson of the Idaho Off Road Motor Vehicle Advisory Board in Pocatello and Doug Hancey, Idaho Off Road Motor Vehicle Advisory Board Member in Rexsburg. Steve Frost at IDPR can give you, their contact info.
Contact Ron Davis, Idaho Falls ATV Association (Eagle Rock Chapter), Email: rdavis223@msn.com
* People that speak from their heart (directly affected by change) win hearts and minds of others.
P.S. 99ajax, I corrected (edited out) the my DOT tire comments out, see previous messages.
Posted by: LW
99ajax,
First get a copy of the draft legislation. Email Ron Davis or Steve Frost, they will probably be able to send you an electronic copy or a link. Verify your facts. Speak with neighbors to insure you have support locally. This is not really a complex issue. Local authorities can already designate paved road and streets to allow users that abide by general traffic rule, like yourself (right side of road, drivers license, etc.). Numerous counties are going on the record that they will designate continued access for certain paved roads to support ATV users (since a lot of them are ATV riders too!) All you are doing is having your access roads on the designated list. I think about 1/8 of the population in Idaho use dirt bike or ATVs. Perhaps in your community 1/4 or more of the property owners (tax payers) have at least one ATV. Steve Frost and Ron Davis had the actual statistics. The master of ATV stats. is Bill Jones, President of Idaho ATV Association, but I unable to find his direct Email. Ask Ron Davis, if you want to network with Bill Jones.
LW.
Posted by: LW
ATVs can be licensed at the Kootenai County buildings in Coeur d' Alene - ph# 446-1580 and in Post Falls - ph# 446-1590. You will need your title. License plates for ATVs and motorcycles cost $15.25.
I'm not sure how along Kootenai County and City of Hayden will allow the use of ATV on paved streets in your area. Proposed Idaho legislature, in the spring 2007, may change authorization to only locally designated streets (set by local governments) and allow ATVs on all unpaved roads with off highway registration stickers. If this legislation passes, it would be likely to go in affect on July 1, 2007.
Posted by: LW
Sorry, I haven't an opportunity to return to this discussion. I do agree they need to make it easy for counties to designate paved roads. I don't think the state is trumping the federal, because the feds don't write the state laws, but influence them through grants, i.e. drinking age from 18 to 21 was influenced by holding back interstate construction funds years ago. What do you and your county commissioners want to do to make this workable? In southwest Idaho the OHV sticker for dirt roads will solve a lot of conflicts between adjacent county and resolve confusion among ATV riders.
Posted by: LW
99ajax,
IDPR regulation brochure states, "The following are only some of the requirements to operate a motorbike or ATV on roads,...." When I read that a while back, I knew it muddy the waters.
However, it's important to note a few things. Commisioners now can designate roads without major hearings. Two, the more rural the county is, the easier it is designate streets within the county, especially with the local county sheriff supporting it. Three, most commissioners meetings are open public hearings. Fourth, even Ada County has already designated some roads above the City of Boise as designated roads for ATVs and off-road motorcycles can travel upon (upper 8th Street and Rocky Canyon Road).
LW.
Posted by: MujZeptu
Update? In a simple paragraph, what does this really change/do?
Posted by: morethanrich
I just bought a Utility Atv, I live in Hayden Idaho. Does anyone know can it be licensed and drove on the streets? Has everything except a horn. Thanks morethanrich
Posted by: morethanrich
How can your ATV be street legal? I have a 2005 ATV with everything including a license, horn and mirrors on both sides. The department of licensing, the ISP,the sheriffs.They are all telling me my ATV can not be driving on the streets of Hayden ID or anywhere else in Idaho on the streets of ID. Here is what a few of the governing people say when I emailed them.
Greg,
The state of Idaho allows motorcycle license plates to be issued to ATV's solely to help reduce the problems many registrants encounter when operating these vehicles in the environment in which they are designed for; off-road and on un-improved roads. This accommodation is driven by the various interpretations law enforcement agencies through out Idaho make on what is considered to be an unimproved roadway; some jurisdictions are quite liberal while others are rather strict in their interpretations.
Although ATV's are motorcycle like, because they have four or more wheels, it would require them to be equipped with the same equipment as is required of a passenger car or truck for them to be considered to be street legal. The manufacturers of these vehicles are aware of this limitation and specifically state on the original Manufacturers Certificate or Statement of Origin for each vehicle that they cannot be operated on the public roadways. The State of Idaho agrees with this limitation
Our department prints a disclaimer on the registration of all motorcycle and ATV registrations which states the registration in itself does not imply that the vehicle is equipped to be operated on the public roadways. We advise all 4-wheeled ATV customers that these vehicles cannot be made street legal and that they should contact the law enforcement agency, in the specific area in which they intend to operate their ATV, to see where they can operate their vehicle and to determine what type of registration, etc, they are required to have to operate within that area.
Thank you,
Caitlin Duke
Vehicle Services
Special Plates
(208) 334-8654
fax (208) 334-8542
This is from LT Chris Schenck, 772-6055 Idaho State Police
Since your original email I have been researching the issue. I have found there is much confusion surrounding the issue. I spoke with motor vehicle licensing at both Kootenai County and the head licensing division in Boise. Both told me the same answer; you cannot legally ride your atv on the paved roads. The title paperwork for your ATV states off highway only. The reasoning you can get a license plate is for crossing paved roads. There are several areas in the state which the practice may be allowed, but it is usually in the smaller communities or outlying areas. Several of these communities have specific routes or events where it is allowed. Either way, it is technically not legal, per ITD motor vehicle licensing.
There is a committee being formed to look more in depth at the issue. The committee formation is from the confusion across the state about the rules for these vehicles.
I have included a few websites for you to access.
I hope this helps. If you wish to phone we can talk about it in person, Lt Chris Schenck, 772-6055.
http://itd.idaho.gov/dmv/ you can access the actual laws as they apply to you. the 49 code is motor vehicles
http://www.atvidaho.info/index.php This is an Idaho website on ATV's and rules
http://www.idahoatv.org/ Another Idaho ATV page with info
http://www.atvsafety.gov/state/idaho.html site which includes some of the applicable laws, most regarding off highway use.
So who do we talk to to see if we can drive our street legal ATV on the streets of Hayden Id? Does anyone have a anwer to my question? I talk to the department of transportation of licensing, they said they did not have an answer. They said to talk to the sheriffs office, I did and they said to talk to the ISP, I did,so now what or who do I talk to? I can not find anything in the Idaho statues that says that ATVs can not be driving on paved roads. The streets of hayden are not paved but rock and hot oiled, That is not paved. Does anyone Know? thanks Greg Morethanrich
Posted by: morethanrich
Major Steve Jones
Patrol Operations
Idaho State Police
(208) 884-7204
Hi Major Steve Jones
Are you saying that if we can drive our ATVs on the streets of Hayden Id if our Atvs have a horn, mirrors, headlight, tailight, brakelight, license plate, Insurance and registration, that we are able to drive on the streets of Hayden Id? My 05 ATV has all that equipment, I put the horn on and the mirrors on it has everything else also. Thanks Greg gregfre@adelphia.net
Posted by: morethanrich
Where can you legally drive on paved roads? what county are you in? Thanks Greg
Posted by: morethanrich
My ATV has all the equipment mirror, horn, lights and so on, But the ISP in Hayden still says it is not legal to drive on the paved roads. What County do you live in and how do I get the copy of IDPR regs and the Idaho Statutes that show that I am legal? I have gone over and over on the statues and can not find where they are legal or elegal on paved roads.Thanks Greg
Posted by: morethanrich
Would you mind emailing me the copys of the Idaho Statutes, the IDPR regs and the letter from Major Jones? I have called Major Jones but only got his voice mail. It would be nice to drive my ATV on the streets like yourself and have the papers to show. I would appriecate it. Thanks Greg gregfre@adelphia.net
