Flagler faces decision on ATV limits for dirt roads

December 18, 2006

BUNNELL -- Flagler County commissioners are set to decide whether they want to join several other Florida counties in opting out of a new state law that eases restrictions for all-terrain vehicles, especially for children.

Commissioners plan to discuss the issue at 6 p.m. Monday during their regular meeting, which begins at 4:30 p.m. in Room 107 of the Flagler County Courthouse.

Commissioner Jim O'Connell brought up the issue after a new state law went into effect Oct. 1 that allows anyone to ride an ATV on public dirt roads, as long as the speed limit is under 35 mph.

One stipulation state lawmakers approved was that local governments could decide individually whether they want restrictions eased in their county. O'Connell said that in addition to Volusia, other counties that have opted out include Citrus, Lee, Hernando, Pasco, Collier, Columbia and Putnam.

"I'm not sure where I'm going to end up" on the issue, O'Connell said. "Personally, I would like to see licensed drivers, even on a public road that's dirt.

"What do you do when you stop a 12-year-old? You can't take his driver's license. What are you going to do, take him home to his mother?"

O'Connell said some people may think the county is strengthening previous laws regarding ATVs, but that's not the case.

"They're not losing rights that they had before Oct. 1, 2006," he said. "They could drive on farms, between farms, anything like that that they wanted to do. My position is I don't think allowing an unlicensed 12-year-old to drive a 600-pound machine that can travel at 50 mph is acceptable."

During a recent commission meeting, O'Connell surmised there could be a lot of opposition, especially from residents of rural areas like Daytona North where there are 72 miles of dirt roads. But Commissioner George Hanns said it seems logical that the county shouldn't allow something that could be unsafe.

"I can't see where it's even a controversy," Hanns said.