The July 6th press release from DCNR heralds the passage of HB 154 as a major step towards curbing illegal ATV use and providing more riding areas on private lands. If you read the new law, and have been following related events in Pennsylvania, you wonder exactly what Secretary Oliver is talking about, and who is giving him his information. Parts of the new law actually work against the publicly stated goals and create more problems than they resolve. The scope of the problem in Pennsylvania is clearly underestimated by DCNR.

Pennsylvania currently leads the nation in ATV sales and there are already an estimated 500,000 units in the state. These numbers did not occur overnight. There are approximately 2.4 million acres of forested land in the state yet there are only 188 miles of trails. These trails have not grown in the last 15 years and very little has been done to maintain them. Their poor initial design has also led to ongoing difficulties. It's no wonder that illegal ATV use has become a problem. ATVers don't want to ride everywhere they just want to ride somewhere. You do the math, 188 miles and 500,000 units just doesn't add up! Legal trails can easily be made that don't cross sensitive areas.

The trail system in the Allegheny National Forest proves a stark contrast to the rest of the state. Here you will find four trails providing almost twice the mileage that can be found in the state system. These trails are maintained in a much better condition than the state trails and they have also been designed appropriately for ATV use. The existence of these trails has almost eliminated illegal ATV use in other areas of the National Forest. The state could certainly learn a lesson by studying the system.

According to the press release, beginning October 23rd, all new and existing ATV's will need to be registered. Section 7713 of Title 75 (the state motor vehicle code) has mandated ATV registration for quite a few years. There's nothing new here, the law has existed, it just wasn't enforced. The regulation now also requires ATV owners to carry liability insurance and that's not such a bad idea.

The new issue with regard to registration is that there will now be a registration plate for ATV's and an expiration sticker to replace the current registration sticker and expiration sticker. The DCNR has been quite vocal in stating that this is not a license plate, is a registration plate. --But if it looks like a license plate, and it smells like a license plate…. They already have them in New York State and no matter what they're called they sure do look like license plates on ATVs. You will now have to carry proof of insurance and proof of registration while riding your ATV as is also the law in New York State.

Although our organization has been encouraging registration and will continue to do so, it's getting more difficult. In the midst of the HB 154 discussions, the DCNR decided to play games with the weight limits and refused to register certain machines in an effort to create pressure to get the legislation passed. Now the weight limits have gone up and everybody should be happy to pay their $20 registration fee to ride the 188 miles of state trails. These fees go into a fund from which grants may be disseminated to organizations creating ATV trails on private lands. Then you get to pay additional fees to these private organizations to ride on their private lands. That makes real sense! Providing financial assistance to others is supposed to take pressure off the state lands. Look at the numbers, the pressure just won't go away. Luckily the law still does allow DCNR to draw from these funds in order to create and/or maintain ATV trails on state lands. There is still some hope!

Another change brought about by HB 154 will send all fines and penalties resulting from local police action back to the local municipalities rather than into the trail fund. This not only means less money to create trails, it encourages closing areas off state lands where ATV's have previously been tolerated. It may also lead to "speed trap" type situations to harass ATVers. This will inevitably push more machines towards state lands since most people know the state lacks the manpower to patrol the forest. It just doesn't make sense and certainly shouldn't be called expansion of riding opportunities by any stretch of the imagination!

Although the press release touts the increase in the level of fines, they are actually not out of line with the rest of the motor vehicle code. They also do not include confiscation, which was suggested by some of the legislators during the development of this law. The real problem here is not the level of fines it's the lack of enforcement in the state forests and that won't be changing anytime soon.

This law also revised the existing Snowmobile Trail Advisory Committee, which is now called the Snowmobile and ATV Advisory Committee. It will include two members from the ATV community selected by the Secretary from a list of six names submitted by the PAOHV. Snowmobile representation went from three members to two. The purpose of this committee is still to advise the Secretary of the DCNR on relevant issues. However, it's interesting to note that previous language requiring the Secretary to "give due consideration" to these recommendations was removed from the law. Why have a committee if you're still going to do whatever you want?

Although House Bill 154 has now become law, the battle is far from over. It has become obvious that ATVers need to support a statewide organization that will legitimately and fairly represent their interests in Harrisburg. The legislation that now exists came directly from DCNR with very little attempt to consult with the ATV community during its development. Positions taken and strategies employed by DCNR during this process have given us a clear picture of what their intentions are. Articles appearing in the press have also distorted things in the public's eye. We have much work to do in promoting a positive image of safe and responsible ATVing if we expect to gain more areas to ride in Pennsylvania. Please remember, the future of ATVing is in your hands!