Pennsylvania

Recent Legislative Action

2009

HB472: Gives state NR enforcement officers the authority to enforce ORV laws outside state parks and forests (2/18/09: Referred to Transportation Committee)

SB249: Increases penalties for private property damage, includes escalating scale for repeat offenders (2/19/09: Referred to Transportation Committee)

2008

SB1096: Clarifies and strengthens private property protections from ORV trespass and damage (2/11/08: Sent to Senate Appropriations Committee)

HB2043: Requires registration and titling of ORVs. Creates ORV fund for trail construction and law enforcement (4/2/08: Sent to House Appropriations Committee)

2007

HB1950: Gives DCNR officials the authority to enforce ORV laws when violations occur outside of state park or forest lands (10/23/07: Sent to House Transportation Committee)

Community Voices Demand Action in Pennsylvania

Pennsylvanians 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.

• "It's very disruptive when they come zipping down the road. They're here all the time. Some day somebody is going to have a terrible accident. There is no way this is going to stop unless something terrible happens." -- Tina, property owner, only identified by her first name because she fears vandalism from neighbors who ride ATVs. "All-terrain vehicles plague Pocono roads", Pocono Record (5/17/10)

• "Adding ATVs to the list of public lands users substantially diminishes the experiences of others, and it irreparably damages a public asset -- state forests and parks, which enhance our air, water, biodiversity, scenery and overall well-being. Perhaps that's one reason the state, in practice, has moved slowly to add the promised ATV trails. It's time for the state to stop fostering the illusion that it can or should provide such trails, and let the private sector meet the demand." -- Becky Bennett on behalf of Public Opinion Editorial Board, "State must limit its role in support for ATV use", Public Opinion (4/17/09)

• "Chasing ATVs with conventional police vehicles or even police ATVs, as suggested, is simply a tragedy waiting to occur. While I understand the frustration of my officers and communities they serve, there is absolutely no life worth risking to chase an ATV." -- Charles H. Ramsey, Philadelphia Police Commissioner, "Letters: Chasing rouge ATVs is not a safe solution", Philadelphia Inquirer (10/20/09)

• "There's been a multitude (of incidents). I don't doubt, with the onset of warm weather and everything else, that it's only going to get worse." -- Donald Hess, Police Chief, "Blairsville police target illegal ATV disturbances", Indiana Gazette (3/27/09)

• "Not only was the recent crackdown by Shenandoah police on all-terrain vehicle riders who thumb their noses at the law a welcome action, it was also long overdue...For too long, arrogant ATV'ers — many who seem to think they have some sort of divine right to go wherever they please — have simply ignored the law. They not only go on streets, but also on private property without permission from owners. And there have been more than a few instances where ATV drivers curse or make threatening gestures to property owners who have the audacity to tell them not to go on their land. The crackdown is something for which ATV riders only have themselves to blame." The Republican Herald Editorial Board, "Illegal ATV'ers ruin sport for all", The Republican Herald (3/14/09)

• "I'm hoping the word gets out that we're going to do this [ORV crackdown] in the future. When it comes to the habitual ones, we may even impound the vehicles if we have to. Enough is enough." -- Michael Whitecavage, Shenandoah Mayor, "Shenandoah police snag 16 ATV riders over weekend", The Republican Herald (3/10/09)

• "In the right circumstances, [impounding ORVs] would be something worth considering, from a township perspective, because illegal riding must stop," -- Don McClure, Pennsylvania Off Highway Vehicle Association, "Monroeville aims to rein in ATVs", Pittsburgh Tribune-Review (11/19/08)

• "All we want is our quality of life back on Saturday and Sunday and to enjoy it. It's every weekend until its pitch dark. There's underage drinking going on. It's only a matter of time that someone is going to get hurt on that mountain." -- Big Mine Run resident Michael Dross. "ATV/motorbike noise rattles Big Mine Run Residents", Republican Herald (7/22/10)

• "The ATVs have taken over. Instead of being a park, it's an ATV track," -- Ron Harvey, Ward 3 Councilman, "Monroeville aims to rein in ATVs", Pittsburgh Tribune-Review (11/19/08)

• "Erosion caused by the illegal operation of ATVs and four-wheel drive vehicles in this area has exposed high-pressure gas and fuel lines on utility right of ways along with on Federal Park property and in the basin of a public water source...The amount of illegal trails made apprehension a problem with many vehicles fleeing the area when officers made stops...The fact that we were able to capture anyone was a credit to the Officers involved and the cooperation of the many agencies for this task." -- A.G. Zellner, Blair County WCO, "Crackdown on illegal use of Blair County State Game Lands", Pennsylvania Game Commission Press Release (11/18/08)

• "I've spent lots of hours chasing ATVs on private property. Most run. Most get away," -- Ron Baustert, Armstrong County 911 Director, "Armstrong commissioners approve ATV study", Tribune-Review News Service (10/3/08)

• "It's just another thing that diminishes the quality of life. There's only so many places a patrol car can go, and these things can go everywhere. Their acceleration is unbelievable. They'll drive in the middle of crowded streets, take corners too fast and blast through intersections. It's a no-win situation for us to chase them." -- Camden Police Chief Scott Thomson, "Camden wants to put the breaks on ATV riders", Philadelphia Daily News (5/21/10)

• "Doing donuts in the middle of the road is not what I call responsible." -- Mallory Babcock, Armenia Township Secretary, "Armenia bans ATVs", The Daily Review (8/15/08)

• "On May 11, 2007, a state water conservation officer confronted an ATV driver and his passenger, beers in hand, in Hickory Run State Park, where ATV riding is illegal. When the WCO stood in front of the yellow off-road vehicle and put in a call to park rangers, instead of complying with the officer, the ATV driver gunned his engine and took off. He drove straight into the officer, entangling his clothing and dragging him nearly a quarter of a mile from the access road to Drakes Creek Road. When the officer finally got loose and fell off, the ATV sped off...Flouting the rules is far from rare among some ATV users. These scofflaws all too often display a disdain for others, pushing the boundaries of approved trails, trespassing on public lands and private property and creating noise and erosion nuisances. Not all ATV drivers do these things, of course, but enough do to give respectful ATV-ers an undeserved bad reputation." -- Pocono Record Editorial Board, "Bring outlaw ATV driver to justice", Pocono Record (9/16/08)

• "We've had a significant increase this year in ATV complaints." -- Chris Engelhart, Hilltown Police Chief, "Hilltown to consider regulating ATV use", News Herald (9/10/08)

• "We've got to come up with a plan to deal with this, or somebody's going to get seriously injured or killed." -- John Topka, Shade Township Supervisor Chairman, "ATV riders stir up complaints to Shade Township authorities", The Tribune-Democrat (9/5/08)

• "They're aware that there were complaints. Now, we're just getting retaliation. Last Saturday they were near my house constantly from the morning. There are two and three going up at a time. I heard through a friend of mine that they know we're complaining and they're basically going to give us hell." -- Butler Township resident requesting anonymity for fear of further retaliation, "Crackdown on ATV nuisance noise at Big Mine Run", The News-Item (8/22/08)

• "We are talking about a minority of ATV owners. But that minority is causing such a big problem that it is being brought up month after month at council meetings." -- Mike Conway, Tremont Police Chief, "Rules of the road", The Republican Herald (8/16/08)

• "Residents of the area have been discovering boards with nails buried into the ground to flatten tires. They also discovered fishing line with treble hooks attached hanging from tree limbs." -- Seth Mesoras, PA Wildlife Conservation Officer, "ATV situation intolerable", The Tribune-Democrat (8/9/08)

• "Pennsylvania needs to address enforcement issues first." -- John Wasserman, a former Pennsylvania Game Commission wildlife conservation officer in Clinton County, "Pennsylvania coalition opposes ATVs on some roads", Pittsburgh Post-Gazette (12/26/07)

• "Granted, illegal ATV trails are a problem. One estimate is that there are 2,500 miles of illegal trails on state forest land. But how does the DCNR plan address this? By encouraging more use of ATVs on public property? And with even more ATVs on the state-owned trails, how does this protect the environment. This plan, it seems to us, encourages more mischief, not less." -- Lancaster New Era Editorial Board, "State's ATV plan courts disaster", Lancaster New Era (1/2/08)

• "Pennsylvania has the dubious distinction of recording the most fatalities relating to the use of motorized all-terrain vehicles of any state in the nation...We're not saying you shouldn't have fun on these enticing vehicles. But that fun should not come with ignorance of their safe use." -- Intelligencer Journal Editorial Board, "A dubious ranking", Intelligencer Journal (2/27/08)

• "They run up and down stocked trout streams, damage crops on farmland, rip out fencing and gates on public lands, intimidate landowners who try to stop them, ride on our public roadways. These trespassers have had virtually free rein... Legal trails have engendered more trespass. A state Department of Conservation and Natural Resources' study in 2000 stated that there was no correlation that legal trails diminished illegal riding. In fact, the seven state forests with ATV trails had an average of 50 more miles of illegal motorized trails." -- Dick Martin, a former ATV and motorcycle safety instructor of Boiling Springs and coordinator of the Pennsylvania Forest Coalition, "Stroud Township, police promise to crack down on illegal ATV riding", Pocono Record (5/7/08)

• "The reason we have these laws is because ATVs can be a dangerous piece of equipment. They are not a baby-sitting tool. Riders must be trained. Allowing adolescents to ride on our highways will surely lead to problems. We are bound and determined to stop it to the best of our ability with strict enforcement." -- Chief John Baujan, Straud Area Police, "Stroud Township, police promise to crack down on illegal ATV riding", Pocono Record (5/7/08)

• "It's not that I don't like ATVs, but the noise is an issue...I don't want to stop them from riding. I just want some protection." -- David Fuller, "Hopewell Township adopts ATV ordinance", The York Dispatch (7/7/08)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Allegheny NF - On 8/3, LEO’s responded along with Pennsylvania SP and local Volunteer Fire and Rescue squads to an ATV accident with a fatality on the Rocky Gap ATV trail in Pleasant Township, Warren County, PA. A 74 year-old man died from injuries sustained when the ATV he was riding rolled end over end on a steep section of trail and landed on top of him. He was pronounced dead on the scene by the Warren County Deputy Coroner. The accident is under investigation by Pennsylvania SP and LEI.

• Allegheny NF - On 8/1, an LEO and an FPO on the Marienville RD responded to an ATV accident on the Marienville ATV Trail near Pigeon, PA. The operator suffered moderate injuries when he struck a tree and was thrown from the ATV which then rolled over onto him. The man was transported to a hospital.

• Allegheny NF - 8/5 - 8/11 - LEI personnel investigated an ATV accident on the Marienville RD near Pigs Ear Trailhead in Elk County. A 21 year old woman was driving an ATV at a significant speed when she encountered a water bar on the trail. She lost control of the ATV and was thrown from the machine. Her helmet fell off and she sustained a large laceration to her skull. She was transported to a hospital for treatment. The accident is under investigation.

• Allegheny NF - An LEO investigated a report of shooting on an NFS Road on the Marienville RD and located three people operating ATVs illegally on the roadway. One of the men was armed with a handgun. Officers retrieved the handgun and found two of the men to be in possession of marijuana and associated drug paraphernalia. Violation notices were issued for three counts of illegal ATV operation and two counts of possession of cannabis.

Recent ORV-Related Media Coverage