Kentucky

Recent Legislative Action

2009

HB53: Requires ORV titling and bans from paved roads (3/24/09: Enacted)

2008

SB 196: Expand the Recreational Trails Authority membership and charge it with running an informational campaign on responsible riding focusing on implications of trespass, vandalism, and littering. It also directs the Authority to study ATV trespassing and gives authority to local governments to charge a general use permit. (Signed into law, 4/11/08)

HB613: Establish a permit for ATVs and authorizes state agencies to designated riding trails. (3/13/08: Passed House, Sent to Senate)

HJR153: Calls for study of ways to increase responsible riding and reduce ATV-related trespassing. (3/14/08: Passed House, Sent to Senate)

2007

HJR14: Direct the Kentucky Recreational Trails Authority to study illegal trespass by ATV users on private and public property; direct the Governor to appoint a member to the authority representing Kentucky Farm Bureau. (2/12/07: Passed House, Sent to Senate)

Community Voices Demand Action in Kentucky

Kentuckians are increasingly voicing their concerns about a growing contingent of reckless riders who break the law, damage public and private land, injure themselves and others, and ruin hunting, fishing and hiking experiences for the rest of us.

• "One of the more common problems is the use of all-terrain vehicles in the forest, and ATV use is prohibited in the Shawnee." -- Bob Monroe, USFS recreation staff officer for the Shawnee's Hidden Spring District, The Paducah Sun (11/17/08)

• "Promoting a network of trails for ATVs invites the worst, not the best, in nature tourism. Just ask the citizens of Laurel County near the notorious '909 Site,' which was finally closed due to the devastation wreaked by ATVs. You'll hear tales of trespassing and threats against landowners - provided they're not still too intimidated to talk." -- Al Fritsch (Ravenna) and Kristin Johannsen (Berea), Letter to the Editor, "Real ecotourists wouldn't damage land with ATVs", Lexington Herald-Leader (10/17/08)

• "We've had some problems on farms where they get out on somebody's land and run some of the crop." -- David Maddox, Marshall County Sheriff's Department Chief Deputy, "Off-road fun, on-road danger: Misuse of ATVs can send riders to hospital or worse", The Paducah Sun (9/28/08)

• "We've had people who do doughnuts on ATVs out on our gravel roads, and it damages our roads...I've encountered people who seem to think that buying an ATV guarantees them a place to ride it, but besides being destructive to wildlife habitat, ATVs are very disruptive to other people who use management areas, people who are licensed hunters and fishermen and are, in effect, paying the bills for the area." -- Tim Kreher, manager of West Kentucky Wildlife Management Area, "Off-road fun, on-road danger: Misuse of ATVs can send riders to hospital or worse", The Paducah Sun (9/28/08)

• "Right now there is no organization. We have four-wheelers everywhere. We have trespassing everywhere." -- Daniel Mongiardo, Lt. Gov. of Kentucky, "Pledge given to protect trails", Lexington Herald-Leader (9/5/08)

• "If Lt. Gov. Daniel Mongiardo wants to promote Kentucky as a destination for adventure tourism, he should make clear that ATVs don't belong in wildlife areas, nature preserves or parks...Irresponsible off-roaders tear through woods and streams, with no regard to property lines or trail markings, leaving giant mud holes, invasive species and wrecked streams in their paths. The public's interest is in enforcing the law to protect public and private property, not inviting more destruction." -- Lexington Herald-Leader Editorial Board, "Keep ATVs in their place", Lexington Herald-Leader (8/22/08)

• "...we should be very careful about opening public land to ATVs. They can do a lot of environmental damage, especially in areas with steep hills or sandy soil. Big ATV wheels dig up vegetation that holds soil in place, allowing erosion that sends silt into steams and rivers. Much of the erosion around Red River Gorge eventually ends up in the Kentucky River, which is the water supply for Lexington and many other towns." -- Tom Eblen, Lexington Herald-Leader Columnist, "4-wheeler traffic erodes scenic arch", Lexington Herald-Leader (8/21/08)

• "We have a constant problem with ATVs running through and doing damage to the grasses and so on, cutting off trails and running up hills." -- Taylor Orr, Kentucky Wildlife Commission, "'Adventure tourism' push stirs concerns", Lexington Herald-Leader (8/21/08)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Land Between the Lakes NRA - On 8/10, LEO’s responded to a report of a motorcycle accident in the Turkey Bay OHV area. The LEO’s assisted local EMS by setting up a landing zone for a medivac helicopter. The victim sustained internal injuries and is expected to make a full recovery.

• Daniel Boone NF - On 6/23, an LEO responded to an ATV fatality on an NFS Road on the Stearns RD. A 26 year-old man was operating his ATV when helost control, left the roadway and struck a tree. The man was not wearing a helmet.

• Daniel Boone NF - On 6/20, an LEO on the London RD assisted Kentucky SP with an OHV accident near the Sand Gap Ball Park on the Forest. After further examination of the scene, it was determined to have occurred on a private-county road adjacent to NFS lands. The OHV rider sustained a massive head injury and was flown to a hospital.

• Daniel Boone NF - On 6/15, an LEO on the London RD was notified by the Kentucky SP of an ATV accident on the Renfro Loop near the S-Tree CG. A 49-year-old man was riding through a small muddy section of the trail and wrecked. The victim sustained a broken arm and was transported to the hospital.

• Land Between the Lakes NRA - On 6/13, LEO’s and Turkey Bay OHV staff responded to a report of an injured woman on the trail system. The woman was located and it was determined she suffered a compound fracture to her lower leg when she fell off her ATV. EMS was transported to her location. The woman and EMS were transported back to the ambulance. On 6/14, LEO’s were again dispatched to the Turkey Bay OHV area to a report of an injured female. EMS was transported to the victim who had sustained a compound fracture to the lower leg. She was transported to a hospital.

• Daniel Boone NF - On 6/8, an LEO responded to a fatal ATV accident in the Slickrock area on the London RD. The driver had apparently lost control of his Polaris Ranger UTV which overturned and ejected him. The vehicle landed on top of the driver and the top roll bar struck him at the base of the skull.

• Land Between the Lakes NRA - On 6/6, an LEO was dispatched to the Turkey Bay OHV area to a reported disturbance call. The LEO located a group being disorderly and loud. One person was arrested for public intoxication.

• Land Between the Lakes NRA - On 1/4, LEO’s responded to a report of an ATV accident at the Turkey Bay OHV area. A 14-year-old boy flipped his ATV and suffered a broken shoulder. The boy’s grandfather fell while attempting to lift the ATV off his grandson and struck his head on a rock. The man became confused and combative with the boy who then started walking out for help. The young man had walked approximately three hours when an off-duty FBI agent inadvertently found him. He brought the boy out and contacted the LEO and EMS. A multi-agency SAR was coordinated and several hours later located the disoriented grandfather with his ATV that was out of gas. The man could not remember riding around on the ATV and had no idea how to get out of the OHV area. The two were transported by EMS to a hospital. The grandfather had significant memory loss and was combative with hospital staff.

• Daniel Boone NF - On 10/30, a man pleaded guilty in Federal Magistrate Court to the removal of forest products (black cohosh) without a permit and operating an ATV on a roadway on the Redbird RD. He was sentenced to pay a $295 fine.

• Daniel Boone NF On 10/26, an LEO attended Lexington Magistrate court on a mandatory court appearance for hitting an LEO's vehicle while driving an ATV. The man pleaded guilty to operating an ATV without a helmet, reckless operation, and damaging government property. He was sentenced to pay $250 in fines and $530 restitution to repair the FS vehicle.

• Land Between The Lakes - On 9/15, an LEO investigated a Forest visitor's report that someone had torn down a structure known as the "silo" in the Turkey Bay OHV area. Approximately half of the structure, including the roof, was on the ground. It appears that a vehicle was used to compromise the structure either with a winch or a tow strap. The investigation is continuing.

• Land Between the Lakes - On 9/15, LEO's responded to a report of illegal OHV riding at night and disorderly conduct. The LEO's determined that one individual was intoxicated and another was in possession of cocaine. Both were arrested and removed from the campground.

• Land Between the Lakes NRA - On 5/25, LEO's were dispatched to the Turkey Bay OHV area to assist an injured ATV rider and found the man unresponsive with no vital signs. The LEO dispatched an ambulance, put life flight on standby, and started CPR. Another LEO arrived and the two LEO's continued CPR for approximately 30 minutes until EMS arrived. The man, who was camping with his wife and three sons, passed away due to his injuries. An LEO notified and stayed with the family after EMS determined the man was deceased. The County Coroner was contacted and responded.

• Land Between the Lakes NRA - On 3/10, an LEO responded to a report of an injured rider at the Turkey Bay OHV Area. The LEO located the injured party with the help of another rider and assisted EMS in stabilizing the rider that had sustained a severely broken arm.

Recent ORV-Related Media Coverage