Arizona

Recent Legislative Action

2009

HB2539: Prohibits riders under 18 from riding at night and that they are supervised by an adult during the day (Introduced)

2008

SB1167: Creates ORV fee to pay for related public lands damage enforcement and education. (6/27/08: Signed into law)

HB2490: Restricts ORV operation for children under 18. (1/29/08: Referred to House Rules Committee.)

Community Voices Demand Action in Arizona

• "We've had over 500 incidents where our park rangers are in contact with people riding illegally in the washes. They need to be advised they cannot do that. That causes dust and it causes the town to be out of compliance, and if the town is found to be out of compliance it can be a $10,000-per-day fine." -- John Kross, Queen Creek Town Manager, "Q.C. works to curb dust pollution," East Valley Tribune (1/20/09)

• "The desert can handle drought, but not what these ATV riders are doing. This is state trust land. They’re not supposed to be out here without a permit. There used to be signs up saying as much, but they just knock them down, the same way they knock over the cactus and run over the plants." -- Diane Wilson, New River Resident, "New off-road laws may quell environmental damage," The Foothills Focus (12/24/08)

• "The problem has been ongoing for several years now. There has been a lot of off-road vehicle abuse, a lot of fences have been cut, a lot of habitat destruction." -- Zen Mocarski, public information office for Arizona Game and Fish Department, "Abuse of public lands forces restrictions", Verde Independent (3/20/10)

• "In many places where restrictions on motorized travel are minimal, we are seeing damage or the potential for damage that demands action." -- Corbin Newman, USFS Southwestern regional forester, "Off-highway vehicles need rules to preserve forests," The Arizona Republic (8/25/08)

• "They have no money - they are devastated financially - and most of the time in the summers the Forest Service's money is spent fighting fires. There's going to be all these supposed [ORV] changes, but no way of enforcing it." -- John Koleszar, an outdoorsman and the Arizona Wildlife Federation's vice president for conservation, "National Forest official eyes ATV campaign," East Valley Tribune (8/3/08)

• "We want our yahoos to have some common sense when it comes to use of our lands and law enforcement is the only way we're going to do it." -- Sandee McCullen, owns four-wheel drive autos, quads, and dirt bikes, "Off-roaders could be kicked off trust land," The Arizona Republic (6/30/08)

• "The popularity of quads has resulted in a seven-fold explosion of use in the past decade. The Tonto now has more ORV users than any other forest in the country. Forest officials had no choice but to try to contain the carnage, and every responsible user must support that effort." -- Editorial, Payson Roundup (10/27/09)

• “I don’t want people riding off the marked trails. It destroys the bikes and destroys the desert. Leave no trace behind, and pack it in, pack it out.” -- Steve Schwarzdach, rider and owner of Wickenburg (AZ) ATV rental company, "Wickenburg ATV rents quads, more for desert fun", The Wickenburg Sun (10/3/09)

• "All they need to do is make an example of a couple of people, with high fines, confiscating the vehicle, that kind of thing...Word will get out, and people will change." -- Mike Fissel, Jeep Expeditions, "Off-roaders could be kicked off trust land," The Arizona Republic (6/30/08)

• "We don't want to outlaw the ATVs, we want to outlaw the outlaws." --Ron Kearns, Federal Ranger, "Group seeks to curb ATV rider abuses," East Valley Tribune (7/22/07)

• "Although OHV use on federal lands is legal on designated roads and trails, it has increased so dramatically that federal managers seem unable to keep up." -- Congressman Raul Grijalva, reported in Las Vegas Review Journal (3/17/08)

• "I appreciate the privilege to speak to you as professional wildlife biologist, an avid hunter and fisherman and longtime owner and user of Off Road Vehicles (ORVs). My purpose today is to convey to you the critical need to implement biologically sound and socially acceptable public motorized travel management and ORV management programs on public lands. I have also observed irresponsible ORV users harass wildlife such as attempting to herd antelope and chasing bull elk along fence lines during the spring in hopes that they would drop their antlers after jumping the fence as part of their antler collection activities." -- Bob Vahle, Sportsman, ORV Rider, and Former Fish and Game Official, United States House of Representatives Commitee Hearing (3/13/08)

• "On an annual basis hundreds of pounds of soil can erode away from less than 100 feet of vehicle tracks. The eroded soil nearly always ends up as sediments in streams or watersheds, which degrades water quality and can destroy both fish and wildlife habitat for decades." -- Allan Bacon, rider, "My Turn: Closing Upper Verde River Wildlife Area an opportunity for four-wheeling enthusiasts", Camp Verde Bugle (3/25/10)

• "Urban populations are moving ever closer to the borders of public land. Between 1982 and 2002 almost 35 million acres of rural land were converted through development, reducing the space available for rural recreation. These increasing tensions have lead to numerous lawsuits on both sides of the issue. The media has chosen to focus on damage caused by renegade riders who have created their own trails. Satellite imagery has documented this process. These challenges represent opportunities and point to the need for greater collaboration between land managers, the OHV community and environmental groups." -- Ken Rosevear, Executive Director of Yuma County, Arizona Chamber of Commerce, and American Sand Association, United States House of Representatives Resources Committee Hearing (3/13/08)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Coconino NF - During a local ATV racing event, a woman lost control of her ATV while off the course. The ATV landed on top of her. After some time, she was able to reach her cell phone and text her mother, who was also at the event. A search eventually located the trapped woman. She suffered a possible broken femur and was flown to a hospital.

• Coconino NF - On 7/19, LEO's performed a saturation patrol in the Fossil Creek area. Numerous violations were issued for drug possession, underage drinking, residing on NFS lands, and off-road vehicle use.

• Kaibab NF - Coconino County SD shut down an ATV drag racing activity on NFS Roads over Memorial Day Weekend.

• Prescott NF - On 5/24, LEO's contacted a man driving an ATV without the proper registration. The man stated that he drove on this particular NFS Road because his license was suspended and he never sees law enforcement personnel in that location. A computer check revealed the man had two outstanding warrants out of Gila County. He was transported to jail and his vehicle was towed.

• Tonto NF 5/18 - A woman sustained injuries after driving her ATV off the edge of an NFS Road in Round Tree Canyon on the Cave Creek RD. The woman was driving at a low speed but was not able to stop before she drove off a cliff and fell approximately 30 feet.

• Tonto NF - 5/10-11 - An LEO issued a notice of violation to individuals for damaging natural resources with their vehicle in a muddy area within a recreation area on the Cave Creek RD. He also cited another group as they attempted to get their truck unstuck from the mud. The driver received three notices of violation.

• Prescott NF - An LEO and Yavapai County SD personnel conducted a weekend saturation patrol in heavy ATV use areas. Over 60 contacts were made and numerous violations and warnings were issued.

• Prescott NF - On 4/4-6, LEO's, Yavapai County SD and Arizona Game and Fish (AZGFD) personnel conducted a saturation patrol to focus on off-road travel, resource damage, and illegally operated vehicles on county roads. An AZGFD airplane was utilized to locate vehicles in areas closed to vehicular travel and guide officers to those locations. Numerous State and Federal citations were issued for violations including cross-country travel, no valid registration, and possession of drugs and paraphernalia.

• Tonto NF - On 3/30, LEO's responded when a man was injured while riding his ATV in circles and was thrown off the vehicle at Cottonwood Wash on the Mesa RD. The man was flown to an area hospital.

• Coronado NF - On 3/29, LEO's contacted 100 people during a saturation patrol of the Redington Pass area to address wildcat shooting and ATV violations. The officers issued 6 citations for possession of drugs and OHV violations along with 20 written warnings for OHV, wildcat shooting, and littering.

• Tonto NF - On 3/27, an LEO from the Cave Creek RD assisted Maricopa County SD (MCSD) deputies with an arrest of a transient who was caught trespassing in and possibly burglarizing a privately-owned trailer at Bartlett Lake Marina. The officers also responded to an ATV accident and assisted with the airlift of a 53 year-old man with a broken leg.

• Tonto NF - On 3/22-23, Maricopa County SD provided extra deputies on ATV's, horseback and unmarked vehicles to assist with patrols at the Needle Rock Recreation Area. Multiple incidents were addressed, including DUI's, open containers, unlicensed vehicle on the maintained roadway, reckless operation, possession of marijuana, driving off-road, no spark arrestor and damage to natural resources.

• Tonto NF - Mesa RD - LEO's responded to two ATV accidents. One ATV rider was injured when her ATV hit another ATV head-on. The woman was airlifted to a hospital. In the second incident, a 26 year-old woman was injured when her ATV tipped over while she was traveling up a hill in an area closed to ATV's. The woman sustained a compound fracture of her lower leg and was airlifted to a hospital. Alcohol was a factor in the accident.

• Cave Creek RD - On 3/11, an LEO came upon a group of people who told the officer that they were waiting for their ATV's to be delivered. As a result of the contact, the LEO issued a violation notice to an illegal ATV outfitter/livery near the Wildcat Staging Area. The suspect had been previously warned twice by Maricopa County SD deputies to get a permit for his activities or cease his operation on NFS lands.

• Tonto NF - On 2/17, an LEO and Maricopa County SD deputies responded to an ATV accident near Needle Rock Recreation area on the Cave Creek RD. The victim suffered a compound fracture of his lower leg and was transported by helicopter to a hospital.

2007

• Coronado NF - On 11/9, LEO's conducted a night patrol on the Santa Catalina RD and issued several citations regarding ATV registration, persons in closed area, and consumption of alcohol in closed area. Gang graffiti was found in several of the overlooks that were checked during the operation.

• Coconino NF - On 11/6, an LEO assisted Yavapai County SD with an ATV accident when a man flipped his rented ATV multiple times on an NFS Road. The man was unconscious when he was airlifted to a local hospital.

• Coconino NF - On 10/4, a man and a woman were riding ATV's on a NFS Road on the Red Rock RD when they came upon a slower vehicle. The driver motioned them to pass and the man passed without incident. The woman hit rocks in the road and the ATV started to fishtail. The ATV was headed for a cliff, but instead of hitting the brakes the woman accidentally hit the gas and the ATV rolled three times. The woman sustained injuries including paralysis in the lower half of her body and was flown to a hospital. Coconino County SD is continuing the investigation.

• Coronado NF - On 9/27, a defendant was found guilty after a trial regarding violation notices that were issued to him as the result of an incident on the Santa Catalina RD. The unlicensed ATV operator had observed an LEO approaching from the opposite direction, made a u-turn and sped off in a cloud of dust, only to be contacted approximately 1/2 mile further down the road. The vehicle also did not have the proper registration.

• Apache-Sitgreaves NF - The Whiplash Motorsports event was held over the Labor Day weekend on the Black Mesa RD. Approximately 5,000 people attended the event involving ATV's, sand rails, 4x4 vehicles and motorbikes. LEO's issued four violation notices and responded to one fatality and numerous serious injury accidents.

• Tonto NF - 9/5 - At approximately 0800 hours, a 20 year-old man was killed while riding his Quad in the Four Peaks area. The man was traveling on an NFS road at a high rate of speed when he clipped his 10 year-old brother's ATV from the rear and was ejected several feet into the air. The man, who was not wearing a helmet, sustained severe head trauma. A helicopter was dispatched to the incident, but the man died at the scene. Alcohol was a contributing factor in the accident.

• Tonto NF - 8/5-8/11- Several incidents occurred recently on the Mesa RD. LEO's located and processed a stolen vehicle in Cotton Wood Wash. Officers also responded to an ATV accident in which the male driver's foot was severed. The man was airlifted to a hospital. LEO's responded to another accident where two men were injured while standing on the back of an OHV vehicle. The vehicle rolled over and both men sustained a broken leg. They were also flown to a local hospital. An intoxicated woman was arrested at the Goldfield Admin site after fighting with deputies. Charges are pending.

• Tonto NF - LEO's assisted with five SAR's including one for a man who consumed 10 beers while tubing and then walked away from his friends into the desert. He was located early the next morning when he walked out to a highway and hitchhiked back to the valley. Another SAR was in response to an ATV accident on an NFS Road on the Cave Creek RD. The injured driver was flown to a hospital.

• Coconino NF - On 7/7, two people were riding double on an ATV along an NFS Road when the 25 year-old driver lost control of the unregistered and uninsured vehicle. The ATV flipped over and landed on her four year-old passenger. The child was temporarily pinned face down in the dirt and was not wearing a helmet. Both were transported to a hospital by ambulance. Coconino SD issued the driver a citation for reckless driving and child endangerment.

• Kaibab NF - On 6/24, a 28 year-old man was driving an ATV on an NFS Road when he attempted a sharp corner and rolled his ATV. An LEO and an FPO provided first aid to the victim who had a severe scalp laceration and a possible broken arm and collarbone. He was transported to a hospital.

• Bradshaw RD - On 6/16, an LEO and Yavapai County SD deputies conducted an OHV patrol in the Crown King area of the Bradshaw RD. As a result of the patrol, 14 state citations, 3 federal violation notices, 48 state warnings and 22 federal warning notices were issued. Violations encountered included no registration, no insurance, operating a motorcycle without the appropriate license, state fire ban, required equipment for highway use, failure to show ID, no eye protection, and passenger on a vehicle not equipped.

• Prescott NF - On 4/7, an LEO stopped a group of OHV riders on an NFS Road on the Wambaw RD. While questioning the group, the LEO could smell the odor of alcohol from a man who was operating an ATV. The man was uncooperative and was eventually arrested for disorderly conduct. During transport to jail, the man became verbally abusive toward the LEO and kicked the patrol vehicle's cage several times. Upon arrival, the LEO needed assistance from several jail personnel to bring the man into the booking room.

• Prescott NF - On 4/7, an LEO on the Long Cane RD was flagged down by a motorcycle rider who worked as a volunteer and had just witnessed ATV's in a mud hole near the Cedar Springs OHV Trail. The LEO responded to the location and observed four ATV riders drive off the trail. Three of the riders drove their ATV's into the mud hole and began tearing up the area while the fourth rider watched. The LEO contacted the individuals and issued four citations for operating ATV's off the designated trail. The particular area of the trail has several signs indicating no ATV operation permitted.

• Prescott NF - On 4/6-7, two ATV accidents with injuries occurred on the OHV trail system on the Uwharrie RD. A 13 year-old boy sustained a broken nose when his 680 cc ATV flipped over backwards and landed on top of him. Violations of riding double and age/cc restrictions appeared to contribute to the accident. A 34 year-old woman sustained a temporary loss of consciousness and multiple contusions when she lost control of her 650 cc ATV when it struck a log and she fell off. Operating outside designated trail and operator inexperience appeared to contribute to the accident.

• Prescott NF - On 4/1, an LEO on the Long Cane RD investigated a fire on a NFS Road that burned approximately 15 acres. The fire was determined to have been caused from a warming fire possibly built by a fisherman in the area. While on the fire, the LEO received a report of ATV riders on the road near the intersection of two NFS Roads. The LEO located the ATV riders and issued three citations for the illegal operation of ATVs on the roadway.

• Prescott NF - On 12/10/06, an LEO contacted a man and his wife on NFS lands in Yavapai County. During a consent search, the LEO discovered $1,060 of counterfeit money and numerous pain pills in their possession without a prescription. The man and woman were arrested and their ATV was towed. On 1/29, the man was convicted of forgery and was sentenced to serve seven years in prison. On 12/19, the woman was convicted of tampering with a public record and sentenced to serve 25 days in jail and 3 years probation.

Recent ORV-Related Media Coverage