Editorial: New ORV law will depend on communities

Perhaps the best way to view the dichotomy between snowmobile enthusiasts and the rest of the community is to consider the limited opportunities the vehicles' owners have.

Snow is essential, but the white stuff is available for only four months or so. Michigan winters can be fickle. At times, the Blue Water Area is deluged with snow. At other times, not so much.

That plays havoc with snowmobile owners. When you pay more than $10,000 for a brand-new Ski Doo, you want to get your money's worth.

Given the investment and the limited opportunities to put the vehicles to use, some snowmobilers might be tempted to operate their devices whenever they can. Balancing the need of snowmobilers and other off-road vehicle enthusiasts with public safety concerns is a tricky proposition, one that counts on off-road vehicle riders following the rules.

A new state law offers snowmobilers and other ORV users more freedom to ride. The statute, which went into effect in December, allows ORVs to use the shoulders of public roadways.

There is a catch: It's up to county and municipal governments to pass ordinances that provide such access.

State Rep. John Espinoza, D-Croswell, sponsored legislation to add Sanilac and St. Clair counties to those that allow off-road vehicles to use local roads. Espinoza said he did so in response to the calls of off-road vehicle owners.

Other voices -- those of residents who see ORVs as nuisances and public safety hazards -- are likely to be heard if and when local governments take up those ordinances.

There are restrictions. Off-road vehicles would be limited to a maximum speed of 25 mph, and they must drive in single file. Laws already prevent the vehicles from trespassing on private property.

Despite supporters' assurances ORV users will abide by those regulations, some participants are known to violate them. A front-page article in Monday's Times Herald about snowmobilers' hopes of gaining roadway access shows two of them riding down Gibbons Road in Jeddo Saturday in direct violation of existing law.

Espinoza and other supporters believe the new ORV law could attract new tourists to the Blue Water Area. Opponents, many who can't seem to keep snowmobiles from trespassing on their property or have had near-misses with them in traffic, might not welcome that possibility.

Fortunately, the new law includes an important component of community control. Local boards will determine if snowmobiles and other ORVs can operate -- and where.

It's too soon to know if this new legislation can satisfy ORV operators and their neighbors. At least that determination will be in the hands of local communities and their elected officials.

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Source: http://www.thetimesherald.com/article/20100114/OPINION01/1140325/New-ORV-law-will-depend-on-communities

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