Cracking down on 'rogue riders'

The popularity of all terrain vehicles, or ATV's, continues to grow in towns all over the country - especially towns with plenty of backwoods and open space such as Coventry and West Greenwich.

Since the early 1990's, the use of ATV's in the United States has tripled, and as the popularity of this pastime increases, unfortunately, so do the grievances against them.

Last week, the House of Representatives passed legislation that would give conservation officers, such as the environmental police, more authority over ATV use on both public roads and private property.

In response to many constituents' complaints about noise pollution, property damage and accident risk associated with ATV use, Rep. Patricia Serpa (D-Dist. 27, West Warwick, Warwick, Coventry) introduced the legislation in hopes of cracking down on the growing problem.

"Ever since I was made aware of the increased use of ATV's on our public streets, the bike path, off designated trails and on private property without permission, I determined that it was time to remove some of the limits imposed upon Rhode Island's environmental police," said Serpa. "The illegal use of these vehicles can lead to ATV-related injuries and fatalities. They're a hazard on public roads to motorists and pedestrians alike, and they damage private property."

Serpa said that ATV's have caused major damage to turf fields, and when the field owners contacted the Department of Environmental Management (DEM), they were told that the environmental police do not have the jurisdiction to issue a citation or fine to the riders.

Enforcing the law
Lt. Craig Barone of the West Greenwich Police Department said that currently, the police have little power when it comes to stopping ATV riders from riding illegally.

"It's hard to stop them and it's even harder to catch them," said Barone. While DEM workers or the environmental police can attempt to detain the riders when caught, there's not much they can do to keep them there until the police show up. "They laugh at them [conservation officers] and say 'you can't do anything to me.'"

The most that police can do, he said, is "read them the riot act," but most officers are hesitant to pursue them in a chase either for fear of the rider wrapping around a tree or for the officers becoming injured in a crash.

"It's a tough situation because motorcycle and dirt bike riding is permitted, but there's nowhere to do it," said Barone.

West Greenwich Town Administrator and state Sen. Kevin A. Breene (R-Dist. 34), who put his signature on the bill, said he supports the legislation because, while there are those who ride responsibly, many "rogue riders" make it necessary to have stricter laws.

"A lot of it is young kids who go up and tear up the land and just ruin the fields," said Breene, who owns an ATV along with his 16-year-old son. "Part of the problem is that the state doesn't have a place for people to legally ride them."

Setting a good example
Breene, who owns Breene Hollow Farm in West Greenwich, has plenty of room to ride his ATV - so much room, in fact, that he's been known to lend some of it out from time to time.

Twice a year, the Rhody Rovers, a local motorcycle group with membership from across the state, hosts fundraiser rides in which individuals with registered and insured ATV's and dirt bikes ride through various pieces of public, private and state owned properties in Rhode Island and Connecticut. Beforehand, the riders obtain the necessary permits to use these lands, such as the Big River Management Area for recreation.

The Rhode Rovers pass through some of Breene's land, with permission to do so, during their rides.

According to Pete Tanner, a Rhody Rover member, all of the fundraiser's proceeds go toward the Exeter-West Greenwich College Scholarship Fund, which was started by West Greenwich resident Layne Derby, the Rhody Rover's president. Started in 1995, to date, the scholarship fund has donated over $20,000 to area students.

Tanner explained that when the group begins to organize a ride, they first chart out a route, which they then get approved by local agencies, typically the Department of Water and DEM.

After the ride is over, the members retrace their tracks and leave the area better than how they found it.

"Immediately following the ride, we go back and police the area," said Tanner. "If there's any erosion to the area, we'll repair it, if there's any garbage out in the area that we can remove, we remove it, even if it's not our own, which typically it is not."

Tanner, who works at Razee's Motorcycle Center in North Kingstown, said many families he speaks to are forced to ride in their backyards for lack of other options. He often refers these families to Connecticut or Massachusetts, where some state forests in those states allow ATV and motorcycle riding.

In Rhode Island, there are no areas designated for off-road vehicle use.

"We like to try and be as responsible as we can because we'd like an opportunity to continue doing it and hopefully open up areas for people to ride to stop illegal use," said Tanner.

A few years ago, DEM conducted a survey and found that there are approximately 42,500 off-road vehicle users in the state of Rhode Island. "There's a lot of families out there with young kids that like to motorcycle and ATV and it's a crime that our state makes them criminals," said Tanner. "Everybody deserves the right to recreate and the form of recreation they choose should be their own."

Tanner, 41, said that he's been around motorcycles all his life adding that, in all seriousness, his interest in them kept him out of trouble as a youth.

"I look at the young kids at all of the races that I go to and the kids are racing, you know, it gives them a hobby."

"A step in the right direction"
"They're loud and they're destructive," said Rep. Nicholas Gorham (R-Dist. 40), who is vehemently opposed to unregulated ATV use and what he believes to be lax laws currently in place. "It's a real problem in this state."

Gorham marked Serpa's legislation as a "step in the right direction," but the fact is, he said, the people who are riding them on state management areas are riding them illegally in the first place.

"They are lawless people to begin with," said Gorham. "Very often these criminals flee the police and they eventually get on private property where DEM can't do anything. This bill will not give them safe refuge on private property."

Nationally, the United States Forest Service considers managed ATV use to be a legitimate activity, but unregulated use to be a serious threat to long-term, forest management.

"It's an activity that really is very destructive when it's done illegally, said Gorham. "We spend many, many millions of dollars to preserve areas in their natural state and my only priority is to make the punishment much stiffer for those who break the law with ATV's."

Gorham said that the riders have been seen most often in the western end of town, but sightings have been reported as far east as the Johnson's Pond area.

Last year Gorham introduced a bill that would have raised the current fine of $100 to a steeper fee of between $250 to $500. Although the House passed the bill, it was quashed in the Senate.

Ultimately, Gorham said he does not believe that ATV use has to be outlawed altogether, and noted that the Rhody Rovers are one example of a group making efforts to ride responsibly.

"They're a good group, I have nothing bad to say about them," he said adding that the Rhody Rovers have been attempting for some time to secure their own place to ride. "They are the only taxpayers that have asked me to set aside open space so that people can ride their ATV's on it."

Gorham also touched upon the safety risks associated with individuals, younger children in particular, riding all terrain vehicles and dirt bikes, pointing out that they can reach speeds up to 50 miles per hour.

Last July, a 12-year-old West Greenwich boy was killed in a dirt bike accident after he collided with his 11-year-old brother on a wooded trail. The brother survived the accident with severe injuries to his left forearm and left lower leg. Both boys were wearing protective gear and helmets at the time of the accident.

"We've have enough serious injuries and even some fatal ones to show that this is dangerous," he said.

Source: http://www.zwire.com/site/news.cfm?BRD=1720&dept_id=74554&newsid=18330533&PAG=461&rfi=9

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