Residents divided on whether ATVs should be allowed on dirt roads in Marion County

November 4, 2006

BY AUSTIN L. MILLER AND SUSAN LATHAM CARR
STAR-BANNER

OCALA - Jerry McDonald said his 16-year-old teenage daughter, Jennifer, had been around all-terrain vehicles since she was 4.

McDonald said his family would pack fishing rods, food and ATVs in a truck and go camping in the Ocala National Forest. The McDonalds taught their two children, Joshua and Jennifer, how to be safe while riding the popular motorized vehicles that are common among most people in Scrambletown. Residents ride on trails along County Road 314 that lead into the Forest.

"It's our way of life out here. From my grandfather to my father, we fish, hunt and go camping. We live a simple life out here," Jerry McDonald said.

The family's simple life took a tragic turn on Oct. 6, however. On that day, Jennifer was a passenger on a 2005 Honda ATV driven by her boyfriend, Donald W. Greene. They were on Clay Road when a 2005 Yamaha MC motorcycle driven by 22-year-old Christopher A. Luke hit the ATV head-on.

McDonald was flown to Shands hospital in Gainesville, where she died the next day. Neither Greene nor McDonald was wearing a helmet. The crash is still under investigation.

"The doctor told us it wouldn't have mattered if she had on a helmet. The doctor said she died from whip motion," McDonald said.

McDonald doesn't blame his daughter's death on the machine or lack of protective gear. But accidents and difficulties enforcing ATV traffic laws have led to legislation that permits operation of the vehicles on unpaved roads. A stipulation in the legislation gives counties the ability to opt out of the law.

McDonald is against it and says restrictions on the vehicles would be bad for his community.

"It keeps them out of trouble," McDonald said about the children in the area.

'NICHE' LAW
Marion County Attorney Tom Wright said the law, which took effect Oct. 1, creates a "niche" in the current legislation that prohibits people from riding ATVs on the roadways. This "niche" law allows licensed adults, or minors under the supervision of a licensed driver, to ride ATVs during the daytime on dirt roads where the posted speed limit is less than 35 mph.

The legislation allows counties to opt out of the law after conducting a public hearing. The Marion County Commission has scheduled a public hearing to discuss the law at 5 p.m., Dec. 12, in the commission auditorium at the McPherson Governmental Complex, 601 S.E. 25th Ave.

State Rep. Greg Evers, R-Baker, who proposed the law, said he was trying to help ATV riders who were getting hurt riding on the shoulders of paved roads. He also wanted to help farmers like himself.

"Farmers were using these ATVs to go from field to field," said Evers, whose district is in Okaloosa County in the Panhandle. "Law enforcement was giving them a problem about riding on dirt roads because they are not supposed to be on dirt roads," he said.

But some ATV enthusiasts are not concerned about the law.

"It doesn't affect us none," said Jerry Cantrell of the East Marion ATV Trail Riders. "We're not going to go up and down people's roads."

PROBLEM RIDERS
Others, like J. R. Walls, who lives off Northeast 150th Street on a dirt road in Salt Springs, wants ATVs banned from all numbered roads. He complains of noise, irresponsible riders and people who dig "doughnuts" in the dirt road.

"There was a kid about 12 or 13 years old who had a toddler on the front end of it and the kid almost fell off," Walls said. "What would happen if that toddler would have fell off? Bye, bye, or airlifted to Shands."

Scott Wolfson, a spokesman for the the U.S. Consumer Product Safety Commission, said the number of deaths involving ATVs is alarming. Nationwide, from 2002 to 2004, 1,571 people died in ATV accidents. Kentucky ranked number one with 106 fatalities, with Florida coming in fifth with 72, Wolfson said. On average, 130,000 people are transported to emergency rooms, most with serious injuries. Statistics are not broken down by the age of the accident victims, Wolfson said.

Locally, there have been five fatalities since 2001, two of them children under the age of 12.

"We believe the reported deaths are undercounted because there's a high lag time of death certificates and coroners' reports coming to the agency," Wolfson said.

Wolfson thinks the high numbers are being spurred by a growing number of riders and riders who are not getting proper training.

Popularity has soared in the last several years, with many buying family packages of ATVs for mom, dad and the children.

"An average package deal of four ATVs runs anywhere from $3,000 to $5,000," said Brian Martin, owner of Mopeds & More.

Protective gear also is a hot item.
"Sales of chest protectors and helmets have doubled," he said.

NEED TO SUPERVISE
Supervision is an issue.
A Fort McCoy resident, Rusty Sinclair, said his 7-year-old son, John, is not allowed to ride his 50cc Yamaha on their 5-acre property or his father-in-law's nearby 10-acre lot without gloves, helmet, boots and chest protector. He said he will have "plenty of supervision."

"Parents should be in charge, and he knows he cannot crank that bike up without his protection or someone out there with him," Sinclair said. "I wouldn't agree with the county if they decided to ban them."

Lake County has opted out of the law, and prohibits ATVs from being driven on roadways. County Attorney Sandy Minkhoff said the sheriff recommended opting out because having ATVs on roads would be dangerous for both ATVs and operators of other vehicles. The public works director was concerned about safety and damage to roads.

MARION RESPONSE
Marion County Public Works Director Larry Thacker agrees with Lake's road chief.

"I am going to get the call - you need to come and grade this road," Thacker said.

County Commissioner Charlie Stone said he has received about 20 e-mails on the law - some for andsome against.

"I really haven't formed an opinion for sure yet, but if I had to vote on it today, I would probably not allow it on the county roadways and encourage the people to use the Forest, where they have opened trails about a month ago," Stone said.

Commissioner Stan McClain also has received e-mails.

"Probably more against than for," McClain said. "I think there's probably some places where it would be OK but, unfortunately, I don't think we are going to have that kind of leeway. My understanding is it's all or nothing - and, unfortunately, because of that, I can't support it."

Lt. Mike Burroughs, with the Florida Highway Patrol, said his agency has a problem with the way supervision is defined in the statutes. Burroughs said some people may interpret supervision as watching a child two or three miles away.

"It's not well defined. The problem with the ATV law is enforcement. We barely have enough troopers for paved roads," Burroughs said.

Rep. Evers said law enforcement would have preferred to have more direct supervision, and he is willing to add that next year if more counties want it.

"But, if all the counties opt out, I won't have to add anything," Evers said.

Marion County Sheriff Ed Dean said while it's good to receive feedback from the public and for commissioners to discuss the issue, his agency will abide by the current state law for now.

"It's something the Sheriff's Office will be looking at - but, at this junction, we'll wait and see," said Dean, who hopes young riders use proper equipment and have the direct supervision of an adult.

Residents like McDonald face another dilemma. Portions of the Forest are being closed to them by U.S. Forest officials, he said.

"We won't have nowhere to ride them," McDonald said. "If that's the case, then no one should be using it, including the Forest people."

Bret Bush, recreation and program manager for the Ocala National Forest, said it's unlawful for someone to drive an unlicensed vehicle on maintained or unmaintained numbered Forest roads. Bush said there are 140 miles of trail systems in the Forest and rangers "encourage" people to use them.

Forest officials want to protect the ecosystem, endangered species and plant life. Those caught driving through lakes, ponds and prairies could receive a $525 ticket.

"We don't want to write the ticket, but people shouldn't come to the Forest unless they know the rules," Bush said.

Susan Latham Carr may be reached at susan.carr@starbanner.com or 867-4156. Austin L. Miller may be reached at austin.miller@starbanner.com or 867-4118.

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