Initial revenues fall short from new off-road decal

Written by Arizona Daily Star

Monday, October 05, 2009

Travis Grabow

Supporters hoped a state law requiring owners to buy $25 decals to operate off-highway vehicles would raise $4 million to $6 million annually to help fund rider education, law enforcement and other projects.

But fewer owners than expected have bought decals, which means the state has received about $2.3 million since the law took effect on Jan. 1.

State officials say the numbers are less than they'd anticipated, but they added that the requirement is still new for off-road-vehicle owners and that heightened enforcement and education should boost compliance.

"It certainly limits the effectiveness of the program," said Jay Ziemann, assistant director of Arizona State Parks, one of the agencies assigned to carrying out the law's provisions. "We do the best we can with the money that's available. If people don't contribute, don't buy the sticker, then we can't do programs and provide greater access for them to ride their OHVs."

Through the end of July, the last month for which figures were available, owners of about 92,000 of Arizona's estimated 400,000 off-road vehicles had bought decals, according to the Arizona Department of Transportation's Motor Vehicle Division.

In January, owners bought decals for 31,618 OHVs. The number has dropped every month since then and stood at 7,135 in July.

Jeff Gursh, director of education, grants and agreements for the Arizona OHV Coalition, one of the groups that pushed for the law, said it's possible many riders, especially those who don't belong to clubs, simply don't know about the law.

"It's very difficult to get the word out that they're required," Gursh said, also noting that it's challenging for authorities to enforce OHV laws across such a wide area.

The law, which also makes certain types of riding illegal, is intended to help protect and repair areas damaged by off-road use, educate riders about responsible riding and fund more law enforcement.

Thirty percent of the money from decals goes to the Highway Users Revenue Fund, which distributes the money to cities, towns and counties and the State Highway Fund. The rest goes into the Off-Highway Vehicle Recreation Fund, administered by Arizona State Parks, with 60 percent of that going to State Parks, 35 percent to the Arizona Game and Fish Department and 5 percent to the Arizona State Land Department.

The law calls for decal money to pay for seven additional Game and Fish officers to enforce off-road laws. Joe Sacco, the department's OHV law enforcement program manager, said he's confident that the department will still be able to add those positions.

Sacco said a new brochure and a plan for public-service advertising in newspapers are intended to help increase compliance.

"Hopefully, we'll get the word out more," Sacco said.

He said authorities offered a six-month grace period but now are enforcing the decal requirement.

"So that deterrent will, hopefully, get people to comply with that program," Sacco said.

Rep. Jerry Weiers, R-Glendale, shepherded the legislation, saying that failing to deal with damage from illegal riding could leave public lands closed to off-road use. He didn't return two phone calls seeking comment on compliance with the law, instead referring calls to Nick Simonetta, an attorney who advises the Arizona OHV Coalition on regulatory matters.

"I think we're in the period of time right now where you have to live with this law a little bit and see where it may or may not need to be tweaked," Simonetta said. "But you have to give it some time."

Jim Harken, a Game and Fish spokesman who deals with off-road issues, said he thinks officials can boost compliance.

"We would hope so. We also hope that through continued education, we can get more people understanding that this is a new law, this is important to the people of Arizona, and you do need to take part in this," he said.

Source: http://www.azstarnet.com/allheadlines/311879

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Community Voices

“Once they chased our cow into a deep arroyo where it fell and broke its neck. I don't understand how anyone could think chasing livestock is fun.” As a result of the growing conflicts with off-roaders, the Gonzales family stopped their cattle ranching. It doesn't matter whether it is a plate or decal, what is important is that the identification is visible. The police could have tracked down the illegal riders if we had been able to photograph the IDs on their vehicles. I think that would have made them think twice before breaking the law.”

- Eleanor Gonzales, private property owner in Santé Fe County, NM