Proposed Senate Bill 49

[Lindylee]

We had some bad press with KATU on Monday night...In fact, they said that 1800 kids die each year.  I called them this morning and they actually apologized and immediately pulled it off the internet...not even any history on it.. We had positvie press tonight on KOIN 6 - you can see it on the internet.  Devlin is not giving in at all on this bill so we have planned a Rally at the State Capitol on the 13th of Feb from 3:00 to 5:00 on the steps.  We need you!!!  Hopefully we can have a good showing.  Please let everyone know and if you have questions feel free to email me at minten@gotsky.com....I will also put you on our update list.  As soon as this is over I am signin on boys and girls - I really like your members!!!  Please, please try to make it next Tuesday!!

[Sandflicker]

Well guys I went to the Rally held at Houser 2 pm today. A bit week showing, but nobody had time to put a lot together.
The local news was there, and I met Kathrine Hoppe of the Bay Area Chamber of Commerce.

I learned a little more / another bill is coming up that will not allow us to ride a major part of the year due to emissions.

There are also bills to require helmets for every one - eliminate 2 up riding - mandatory Registration (which I think means mandatory Insuring) - and mandatory testing (via internet/ which means more money)

Anyway, getting back to SB49 the people on the committee are as follows.

Chair
Senator Rick Metsger
Party: D District:26
Capitol Phone: 503-986-1726
Interim Phone: 503-668-4378
Capitol Address: 900 Court St. NE, S-307, Salem, Or. 97301
Email: sen.rickmetsger@state.or.us

Vice Chair
Senator Bruce Starr
Party R District: 15
Capitol Phone: 503-986-1715
Interim Phone: 503-649-4391
Email: sen.brucestarr@state.or.us

Senator Ryan Deckert
Party: D District:14
Capitol Phone: 503-986-1714
Interim Phone: 503-986-1714
Email: sen.ryandeckert@state.or.uc

Senator Larry George
Party: R District: 13
Capitol Phone: 503-986-1713
Email: sen.larrygeorge@state.or.us

Senator Laurie Monnes Anderson
Party: D District: 25
Capitol Phone 503-986-1725
Interim Phone: 503-618-3071
Email: sen.lauriemonnesanderson@state.or.us

Please - Please let these guys know how you feel. As citizens we stand to loose a lot of revenue, as families we will loose our family activity.

Thank you,

Collin Summers
Merlin, Oregon
collin_sum@yahoo.com
Posted on: February 11, 2007, 01:01:07 AMMedfor newspaper artical

ATV age limit hits rough road
Area enthusiasts organize against state bill co-sponsored by Sen. Bates
By john darling
for the Mail Tribune

Local all-terrain vehicle riders in Southern Oregon are threatening to launch a recall against Sen. Alan Bates over a bill he co-sponsored that would bar kids under 12 from riding ATVs.

Central Point resident Patrick Bates (no relation), president of the large, local ATV club "Temporary Insandity" says his group and the local Motorcycle Riders Association are flooding Bates' office with e-mails and calls opposing the bill.

They say families already take extreme caution with their children and provide necessary safety gear and training.

Patrick Bates says the e-mails have not been returned by the senator.

"We're getting ready to put out a recall on him," Patrick Bates says. "He's not representing Southern Oregon."

Advertisement
John Turner of the senator's office says "we're swamped with different issues and are working on a response. A lot of the e-mails are from out of our district, too."

Senate Bill 49, which originated from Safe Kids, a nationwide safety group, seeks a ban on ATV use by children under 12. Those aged 12 to 16 would be limited to ATVs with engines of 90 cc or less.

Sen. Bates says the bill, co-sponsored by Sen. Richard Devlin, D-Tualatin, was prompted by an "upswing" of ATV deaths in the past five years and "many people, including manufacturers, are concerned and want to make a good sport safer."

An Ashland Democrat, Sen. Bates says he put his name on the bill so he could "get a chance to change it." He says he will be "sitting down with ATV owners in the next few weeks and get something acceptable to all."

The bill is in the Senate Committee on Business, Transportation and Workforce Development.

Sen. Bates says he recognizes the bill must undergo changes for farm use exclusion and in proposed age and size restrictions so youngsters can ride them safely.

But ATV enthusiasts bristle at the proposed restrictions.

"It's ridiculous and will cause more children to be hurt, because you're putting older kids on quads that are too small for them — like a grown-up riding a tricycle," says ATV owner Larry Tucker of Medford, who enjoys the sport with his two kids, David, 15, and Madison, 8.

His kids have had no accidents in four years of riding, he adds, because they were able to gain experience, get training, learn safety and gradually move to bigger quads.

"In their minds, they're trying to save kids from injury, but these restrictions are not the answer," he says. "When they're finally old enough, kids (under the new bill) won't have the experience and they'll be forced to ride a bigger quad than they're capable of handling."

Patrick Bates' wife, Lisa, says her family has invested $130,000 in ATVs, truck, trailer and equipment, developing a lifestyle that takes them to Oregon Dunes or the mountains 32 days a year. If the bill passes, that lifestyle will end, she says.

The family can't afford child care for that expanse of time and doesn't want to exclude kids from a family sport, rare in these days of individual sports such as skateboarding and snowboarding, she adds.

Patrick Bates stressed that his ATV organization is not "renegade" or anti-safety. It supports bills from state parks this session requiring vehicle titles, safety courses for kids under 15, helmets for adults (required only on minors now) and banning double-riding.

His research on child safety showed that baseball, followed by skiing-snowboarding, sent the most kids to the emergency room, with ATV riding far down the list, he says.

The bill would have a harsh effect on the economy, says Patrick Bates, what with tens of thousands of ATV users, including many coming to the Oregon Dunes from out-of-area, spending lots of money on motels, gas, meals and vehicles.

Tempers are clearly rising among ATV riders. Brad Lasniewski of Medford says, "Government has absolutely no business telling my 12-year-old daughter what she can ride. It's none of their business. Government doesn't exist to protect you from yourself."

[duraraptor]

Sounds like that Patrick Bates and Larry Tucker know what they are talking about.

[Sandflicker]

Yes he does, Obviously he's well informed.
Posted on: February 12, 2007, 05:14:26 PMI didn't see video but here is the artical about the rally at Hauser


Families from the coast rally against new ATV bill

Story Published: Feb 11, 2007 at 11:36 PM PST
By Azenith Smith
North Bend - Word is spreading about a new Senate bill that could restrict children from participating in an activity that's enjoyed by many families on the South Coast, and now parents are speaking out.

Families from all over the county turned up at the Myrtlewood Factory in North Bend for a rally against Senate Bill 49.

The bill does not permit anyone under the age of 12 to ride all-terrain vehicles or ATVs and children ages 12-15 would be restricted to riding smaller-powered vehicles.

Senator Bates in Ashland proposed the measure because of safety concerns but parents argue that their children are not at risk.

Rally organizer April Warren explains, "We watch really closely what our kids are doing. They ride with full gear on and ride on skilled appropriate bikes."

Warren says the thought of this measure passing would be harmful to many kids.

"On these quads, they learn respect, they learn the importance of listening to other people, watching around them at the thing of taking that away from that is just awful."

Now they're gearing up for another rally at the Salem Capital on Tuesday, and they'll also have an open hall meeting to discuss the issue in Eugene on Feb. 18.







Posted on: February 12, 2007, 07:29:40 PM[/img]

I hope this works.

I'm imagining 100 kids walking around with signs that say (I WANT TO RIDE)

Posted on: February 12, 2007, 09:03:14 PM

[rmz450#969]

i am from klamath falls and printed out your petition we have over 200 signatures at this time . we are having our club meeting today i have printed out your letter from greg smith to give to everyone and going to encourage them to join your site.  keep up the good fight

[Dune Dude]

rmz450#969

The more the merrier!!  Or in this case the more the Louder The Voice , United We Stand, Strength in Numbers...
We as riders need to stay informed and active to protect the family activity we enjoy.  For such a long time we all just rode in our own happy way.  SB 49 has done one positive thing...  It has brought the riding community together.  And together we all need to fight to save our rights to ride, the right to enjoy our time with our children and the right to make our own decisions.

KEEP FIGHTING TO KEEP RIDING...
Posted on: February 16, 2007, 11:22:11 AMReminder to stay vigilant!!  
This fight is not over.  Please continue to get the word out and have everyone contact their Senators to show opposition to this SB 49.   Keep up the pressure.  Also, continue to monitor the news for what information they are spewing forth.  Make sure it is accurate and if not contact the organization to get it corrected. 

United We Stand!  Active We Influence!
If uninformed we chose... inactive we lose...

Protect the Sport we love!

[BigAl74]

Hello guys I just wanted to stop by to say hi and get an up date on 49. I have been very busy lately and haven't had a chance to post here much. I see we are getting a lot of bad press with people trying to scare everyone into voting for this by using false numbers. I just hope our efforts can over come this and inform people of the truth. I have sent many e-mails stating that I'm strongly against this. I have also e-mailed every friend I could think of to ask them to let there local sennator that they oppose it as well, and ask them to forward it on to all there friends. I hope this snowball effect will help bring this to an end.

[RTOYZ]

We need you, our members to write these Senators that have stepped up to support Devlin and Bates. Especially this Monroe Guy and ask him how he can support a bill that is based on LIES.
Be professional, but kindly remind the senator that this bill was started by a mother who deliberately ignored the safeguards that would have kept her son alive.

[Sandflicker]

I have already started - but haven't heard back from Monroe or a coupld of others.

it seems if they agree I hear from them and if they don't I got nuthin'

 

[Lindylee]

Here is the list of the folks we should contact - please don't contact anyone else as they not supporting this measure and it does us no good to continue to dump mail, etc on them....they will also appreciate the break.  Because it is in the Senate - we need to focus on the Senators.  If it moves to the House, we will start working with the Reps.  For now, let's focus our attention to those who are in support or have not made a decision.  If you receive letters from anyone on the list that opposes Senate Bill 49, please let me know so I can remove them.  Thank you, Lindy minten@gotsky.com

Toll free number is 1-800-332-2313[/color]
Sponsors:  Sen. Alan Bates (503)986-1709, sen.alanbates@state.or.us He is from Ashland and has yet to respond to any of us.
                 Sen. Richard Devlin (503)986-1719. sen.richarddevlin@state.or.us He is from Tualatin, has responded but isn't familiar with ATV's/MC or this sport.
                 Safekids contacts:  Sue Rabe 503-743-2690  She lost her son Kyle in 2002, is a member of Safekids, and this bill is nicknamed after her son.
                 Joann Fairchild 503-413-4239 She is a nurse and member of Safekids.
 
Supports:  Sen. Rod Monroe (503)986-1724, senrodmonroe@state.or.us  He is from Portland and is a small business owner.
 
Undecided or unknown:  Sen. Floyd Prozanski (503)986-1704, sen.floydprozanski@state.or.us He is from Eugene.
                                    Sen. Vickie Walker (503)986-1707, sen.vickiwalker@state.or.us  She is from Eugene, she has been very nice.
                                    Sen. Peter Courtney, (503)986-1600 sen.petercourtney@state.or.us  He is from Salem.
                                    Sen. Ryan Deckert,(503)986-1714 sen.ryandeckert@state.or.us  He is on the Committee and is from Beaverton.
                                    Sen. Ginny Burdick, (503)986-1718 sen.ginnyburdick@state.or.us  She is from Portland.
                                    Sen. Margaret Carter, (503)986-1722 sen.margaretcarter@state.or.us  She is from Portland.
                                    Sen. Avel Gordly, (503)986-1723 sen.avelgordly@state.or.us  She is from Portland and is very nice.
                                    Sen. Ben Westlund, (503)986-1727 sen.benwestlund@state.or.us  He is from Bend.

Hasn't had a chance      Sen. Kurt Schrader, (503)986-1720 sen.kurtschrader@state.or.us  He is from Canby and is very nice - would like info.
 to look at:                    Sen. Kate Brown, (503)986-1700 sen.katebrown@state.or.us She represents parts of Clackamas and Mult.. 

[Dune Dude]

Good day aaa!

Is everyone still staying focused?  It is getting to be the bottom of the ninth and we're looking at a full court press.  The amendments are looking like a copy of what happened in North Carolina.  Back in Dec. of 2005 the State adopted:
State Laws:
No one under age 8 may operate an ATV.
Children under age 12 may only operate an ATV under 70cc.
Children under age 16 may only operate an ATV 90cc or less.
Children under age 16 must be supervised by a person at least age 18.
Passengers may not be carried unless the ATV was designed to carry passengers.
All ATV operators must wear helmet and eye protection.
ATV use on public streets and highways is prohibited except to cross.
No ATV shall be operated without a lighted headlight and taillight from ½ hour after sunset to ½ hour before sunrise.
Effective October 1, 2006, every ATV operator born on or after January 1, 1990, must have an ATV safety certificate.
Persons using ATVs for farming, hunting or trapping are exempt from the Law's provisions.

I don't know what happened to the ATV enthusiasts in that State, but they were caught sleeping.  I spoke with an ATV club there about how these laws are enforced. Basically they are not.  This is the same sentiment from Senator Bates.  See his response to one of our concerned ATV riders below.  So what is the point of passing something that no one is going to follow?  This makes for a bad situation for us parents that are teaching our kids the right way to ride, the right way for families to have fun together and the right way to behave.  Only to then have to break a law to accomplish it.  It makes me sick that my family rides responsibly.  The other families of Temporary Insandity ride responsibly.  But, yet a few "others" out there that have no common sense can take away my right to ride with my children.

Let's not be another North Carolina.  Let us not lay down and let others that hate ATV's dictate what we can and can't do with our kids.  Stand up and be heard!  You won't get another chance if you don't...

Dear ,

 

Thank you for your comments regarding Senate Bill 49.  After great consideration and work with industry experts and advocates on this issue, Senator Richard Devlin and I plan to introduce substantial amendments to this bill.  As you well know, I signed onto this bill to lend the rural perspective of a small farmer who understands the reasonable uses of ATVs in and around Oregon.  In offering these amendments (described below), I tried to weigh the needs of child safety, along with the recreational and industrial users of ATVs and manufacturer recommendations.  If I have failed to discuss this duly with you, please accept my apologies.  My office receives an average of 200(+) emails and 100(+) phone calls daily along with mass amounts of information on multiple issues. 

 

As originally written, Senate Bill 49 prohibited children under the age of 12 from operating all ATVs.  It restricted the operation of ATVs by children 12 to 15 years of age based on vehicle engine displacement.  It also prohibited the sale of ATVs for use by a child less than 12 years of age or for the use of children age 12 to 15 in violation of engine displacement limitations. As written, Senate Bill 49 carried a penalty of a class D traffic violation including a $90 fine.  It also directed the State Parks and Recreation Department to produce and provide safety information to retailers and requires retailers of all-terrain vehicles to distribute safety information to buyers of all terrain vehicles.

 

The amendments offered will read that this bill will only apply to Class 1 all-terrain vehicles and the regulations would be limited only to land open to the public.    Exemptions have been included for farming, agriculture, forestry, nursery, and Christmas tree growing.  The age limit for which children will be prohibited from operating a Class 1 ATV will be reduced from 12 years of age to 8 years of age.  Children ages 8 to 12 may operate an ATV under 70cc, children ages 12 to 16 may operate an ATV 90cc or less, and children ages 16 and older may operate an ATV over 90cc.  Note this is below the recommended industry standard (explained later in this letter).  We have carefully tried to weigh the rights of the individual and safety of children on ATVs in drafting these amendments.  I have included information on recommended industry standards and information regarding ATV accidents; I hope you will read through them.  Frankly much of the information was new to me.

 

Oregon is not the first state to attempt to regulate ATV rider-ship.  Currently, eleven states prohibit children under certain ages from riding ATVs; five of those states prohibit children under the age of 12 to operate an ATV.  The Specialty Vehicle Institute of America (SVIA), an industry supported group based in Irvine, California and sponsored by Arctic Cat, Bombardier, Bush Hog, Honda, John Deere, Kawasaki, Patriot, Polaris, Suzuki, Tomberlin, and Yamaha, has created Model State ATV Legislation.  Their recommended legislation prohibits those under the age of 16 operate an adult size ATV.  The recommendation also requires that youth size ATVs (engine capacity 70 cc up to and including 90 cc) are only allowed to be operated on public land by those age 12 and older. 

 

Let me also talk about the history behind the bill and the medical statistics for which it is based.  Senate Bill 49, submitted at the request of Safe Kids Oregon, was introduced to protect children from unnecessary injury or death.  As a family physician, I have treated numerous ATV related injuries that could have been prevented with the proper precautions. Between 1999 and 2005, 62 Oregonians died from riding all terrain vehicles, children under the age of 16 accounted for 17 of those deaths.  Nationally in 2004 (most current year officially reported), there were 130 deaths in children and 44,700 emergency room treated injuries.  Since 2001, the number of children seriously injured while riding ATVs has increased by 18 percent.   The single highest cause of ATV related deaths to children under age 16 is a result of crush injuries from rollovers; even safety gear could not have prevented their deaths.  These rollovers are commonly caused by children riding adult size ATVs.  A study published by the Journal of the American Academy of Pediatrics reported that in 2001, 87 percent of all children who were injured were riding adult size ATVs. 

 

The Oregon Trauma Registry shows that between 1998 and 2005, 544 children aged 1-18 received traumatic injuries, resulting in an average cost of $23,000 for in-hospital care for each visit.  A study released February 16, 2007 by Oregon Health and Science University finds a 76 percent increase in patients injured in off-road vehicle accidents.  This was also published in the February issue of the Journal of the American College of Surgeons.  Additionally, the Registry recorded 1,200 injuries from off-road vehicles between 1998 and 2003 from which 62 percent of those patients were injured while riding an ATV, 20 percent of which occurred in Jackson County alone.  The study compares data from the first three years (1998-2000) to the second three years (2001-2003), and found a 78 percent increase in injuries.  Deaths increased from four to 10 during the same time periods.  More than 70 percent of patients injured required hospitalization.

 

The study further states that 50 percent of patients in the OHSU registry sustained a head, neck, or face injury.  After comparing injuries from the first four years (1998-2001) with the injuries from the second four years (2002-2005), OHSU found that twice as many patients required care for severe injuries, including a sevenfold increase in the number of spine operations.  This is particularly worrisome given the lifelong disability associated with these types of injuries.  In both the OHSU and Oregon Trauma registries, more than 20 percent of the injuries were in children younger than 15.  It’s important to note that only seriously injured patients treated in Oregon’s designated trauma centers are included in this analysis, and the deaths of riders that occurred at the scene are not included.  I also recognize that most children’s activities run an inherent risk.  I have received many comments that bicycles are much more dangerous than ATVs.  A ten year study done in Canada reported that ATV related hospitalization and fatality rates were six and 12 times higher, respectively, than injury and deaths on bicycles.  Studies have also shown that the hospitalization rate for children injured while riding an ATV is about 12 percent, which is more than twice the rate for all age groups for all consumer product-related injuries treated in hospital emergency rooms. 

 

Currently the Senate Bill is in the Senate Committee on Business, Transportation, and Workforce Development.  Senate Bill 49 is one of five bills introduced relating to ATVs.  The Oregon State Parks Department, at the request of the Governor, is sponsoring four additional bills in relation to ATVs.  The State Parks bills include passenger restrictions, mandatory titling, and mandatory safety training for all Class I and Class III operators, and mandatory helmets for all riders.  Senate Bill 49 is in the early phase of the legislative process.  For many bills, the end form is very different then the original bill that was drafted. 

 

Rest assured that my staff and I have considered the massive amounts of letters and research on this issue while also speaking with ATV industry experts, advocates, and individuals.  In addition, you and I both know the likelihood of this being enforced is very small.  In our area of the state, law enforcement in the areas used by ATVs is essentially nonexistent.  The impending loss of O & C funds for public safety means the likelihood of enforcement is next to nothing.  For organizations such as the MRA, who already make great attempts to ensure safety and environmental safeguards and who also pay for public safety officers, means this legislation is little more than an attempt to create public awareness to those who do not recognize the responsible use of ATVs. 

 

I encourage you to follow Senate Bill 49 and continue to partake in the legislative process.  I would be happy to hear any comments you may have on suggestions to further draw a compromise on this bill.


With Kind Regards,

 

Dr. Alan Bates
 

[tolandinsurance]

Pat and Tom, I have asked twice to get some statics from Allstate regarding ATV claims which would be injury related. I was told there was not a large database, but it has to come from Chicago, I am still working on it for you. Sorry it is taking so long.

Jason

[duraraptor]

I would like to say Thank You to all who has stepped up to fight the good fight.  We all should try to do our part, in saving what we all love.  Family, friends, atv's it is a lifestyle we choose, and we dont want a politician saying we cant do it any more.  Never give up!

[Dune Dude]

This fight will never go away.  Originally this Bill was named for Kyle Rabe who was killed while riding his ATV.  He was 10 when the accident happened and was all alone.  He was thrown from his Arctic Cat 250 and pinned beneath causing him to suffocate.  Sue Rabe, Kyles mother,  has championed the cause in her sons name to keep all children under 16 off adult sized ATV's.  Through her involvement with Safe Kids they have sponsored a Bill in the Senate that would have no child under 12 operate any ATV and 12 -15 limited to 90cc or less on private or public land.
This Bill has run into some very stiff opposition from the many ATV enthusiasts in this State including the fine folks of this club and forum, Temporary Insandity. 
However, the Bill has not gone away.  The Sponsoring Senators are scrambling to amend the original Bill to make it easier to swallow for the ATV enthusiasts.  The amendments would be:

-Only affects Public Land.
-8 to 11 year olds can only ride 70 cc or less.
-12 to 15 year olds can only ride 90 cc or less.
-exemptions for farm and ranch use.

But why do we have to swallow this Bill.  Actually it feels more like a suppository! 
The original intent was to keep what happened to Kyle from happening to another family.  Let's review, Kyle was operating an adult sized ATV all by himself.  He was on private property.  And he lived on a farm. 
This amended Bill would not have saved Kyle.

What could have saved Kyle and been made into legislation that would protect other families from suffering the loss of a child.
Requiring adult supervision at all times while a child under16 is operating an ATV.
Requiring Safety Training.  For the child and the Supervising Adult
Requiring rider fit standards.
Requiring these standards on all lands in Oregon.

Now let's review:
Kyle would have been with an adult that would have freed him from under the ATV.   He had no other injuries other than not being able to breathe.
He would need to take a Safety Training course.  Plus, one or both of his parents would need to attend the class along with him to see and demonstrate the correct riding techniques, to hear the right and wrong ways of ATV operation and to be informed of the consequences of irresponsible behavior.
He would have to be fit to the ATV that he was going to ride at home or on public lands.  He would have to meet the standard for fit and demonstrate during the Safety Training he could operate the 250 cc ATV.

In this scenario his chance of survival is most certainly guaranteed.  Plus, many other families will benefit from the increased awareness and proper techniques.  The parents become the child's full time instructor and they have another activity they can do together.

This seems win-win to me.  I believe there is a need to reduce the accidents for children who operate ATV's.  And if Safe Kids and Sue Rabe had Sponsored this Bill, I would be the first to line up in support. 

Keep up the fight.  Let's get a Bill that makes sense and not just an ignorant attempt to get something on the books.

[Sandflicker]

  Don't laugh to hard if you see an article in the Daily Courier Thursday and Friday 

And remember this is war.