Senator: ATV law will provide better enforcement

Steve Lynn

Changes made to a 2005 law will allow federal and local officials to better enforce laws governing use of off-highway vehicles, said the bill's co-sponsor, Sen. Dede Feldman.

The new law will shift dollars from the New Mexico Tourism Department to the state Department of Game and Fish, said Feldman, D-Albuquerque. Game and Fish must use the money to enforce laws and distribute funding to county sheriffs and federal agencies such as the Bureau of Land Management.

Gov. Bill Richardson signed the bill, which updates the 2005 Off-Highway Motor Vehicle Act, into law April 1. The law, co-sponsored by Sen. Phil A. Griego, D-San Jose, takes effect July 1.

"This bill provides a much-needed overhaul of New Mexico's off-highway vehicle program," Gov. Bill Richardson said in a prepared statement. "Going forward, the program will emphasize safety and education while we simultaneously protect our natural resources."

Increased user, registration fees and penalty fees will bolster funding to Game and Fish. At least half the revenue from those fees will go toward law enforcement and education in a trail safety fund.

That does not necessarily mean enthusiasts will see more officials enforcing the law on public lands. The law does not require agencies to hire more workers.

"We can't micro-manage everything," said Feldman, adding that agencies could decide how to use the money for enforcement.

Instead, she said, agencies "need to cooperate to maximize scarce resources with the local officials, and that's what this bill will do."

Off-highway vehicles include motorbikes, snowmobiles, all-terrain vehicles and others.

User fees will increase from $30 to up to $40. The $17 registration fee will stay the same.

Feldman also amended the 2005 law to include a measure that prohibits people using off-highway vehicles from chasing livestock, which has become a problem in northern New Mexico, she said.

According to the law, people operating off-highway vehicles may not drive more than 10 miles per hour when passing within 200 feet of bicyclists, hikers, horse-back riders and others unless on a closed course or track.

The law also requires riders less than 18 years old to wear helmets, demands adults supervise riders less than 18 years old who don't have a permit or license and requires vehicles not to exceed a certain noise level.

People must pay from $10 to $200 for violating various provisions in the law.

The Bureau of Land Management would be responsible for enforcing the law through much of its public lands, BLM spokesman Bill Papich said.

The New Mexico Off-Highway Vehicle Alliance opposed the law.

The law "adds unnecessary regulation and restrictions on (off-highway vehicle) recreation without the state showing any need whatsoever for additional statutes," alliance President Mark Werkmeister said in a February prepared statement.

Werkmeister did not return a phone message seeking comment Friday.

"This bill will save lives and it will prevent damage to public lands," Feldman said.

Feldman said she had to broker compromise on changes to the bill so that all-terrain vehicle riders, ranchers, environmentalists and others would approve.

She wanted people less than 16 years old not to be able to ride off-highway vehicles, for instance. That measure was not included in the bill's final version.

Sen. Bill Sharer, R-Farmington, and Sen. Steve Neville, R-Aztec, voted for the bill.

Neville, an all-terrain vehicle rider, said the law started off as a "bad bill" with harsh penalties. It ended well when groups compromised.

"We don't want to be restricted too much when we go out there and are doing it safely and respectful of nature," he said. But, riders want others to avoid "not respecting the environment and not respecting the rights of others and not being safe."

Source: http://www.daily-times.com/ci_12080048

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