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OHV4TN - A Citizen Lobbyist Organization
The mission of the OHV4TN organization is to be the legislative advocate for the 880,000+ Off-HighwayVehicle users
in the state of Tennessee.
OHV4TN is dedicated to the creation of a diverse statewide system of sustainable
*OHV trails in Tennessee for current and future generations of OHV users.
*(Off-Highway Vehicle = 4x4, Motorcycle, ATV & ORV/UTV)
Action Alerts
NASHVILLE – The Tennessee Department of Environment and Conservation’s Recreational Trails Program is soliciting grant applications from local governments for a new 2011 Motorized Trail grant, specifically designed to enhance motorized recreation trail opportunities. Applications will be accepted through February 15, 2011.
In this section we will give you instructions on how to become active constituents in whatever OHV issue arises. The key to our future success as an organization will depend on how well we mobilize our efforts to make our voices heard. Mobilization is why the environmental movement has been so successful in their efforts...they are an incredibly organized machine. Their "soldiers" write letters, make phone calls, fill out questionnaires and utilize all the other tools government has to quantify and/or justify their decision making process.
In theory, the government is there to serve the people and they must follow certain protocol.
We must learn these methods and execute accordingly.
So Roll up your sleeves and get to work on the following Action Alerts...
It is time that 18.9% of the population in Tennessee is heard!!
2011 Proposed Legislation AN ACT to amend Tennessee Code Annotated, Title 11; Title 68 and Title 70, relative to the "Tennessee Off-Highway Vehicle Act." BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 70, is amended by deleting chapter 9 in its entirety. SECTION 2. Tennessee Code Annotated, Title 11, is amended by adding SECTION 3 through SECTION 10 as a new chapter. SECTION 3. This chapter shall be known and may be cited as the “Tennessee Off- Highway Vehicle Act”. SECTION 4. The number of off-highway vehicle users in the state is increasing and is growing as a recognized recreational activity while the number of recreational sites is rapidly declining. In the absence of a program to manage off-highway vehicle (OHV) use, a number of consequences are accruing to the state, including environmental damage and loss of economic prospects. Therefore, the general assembly finds the need to manage OHVs to maximize economic and recreational opportunities, to protect the environment of this state, and to ensure that adequate revenue is generated for such purpose. SECTION 5. For the purpose of this chapter, unless the context otherwise requires: (1) “Commissioner” means the commissioner of the department of environment and conservation; (2) “Department” means the department of environment and conservation; (3) “Off-highway vehicle” or “OHV” means any off-road motorcycles, three-wheel or four-wheel all-terrain vehicles, four-wheel-drive motor vehicles intended by the user or
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owner to be used in recreational pursuits, recreational off-highway vehicles or dune
buggies;
(4) “Owner” means the person in whose name the OHV is owned; and
(5) “Seller” means a person permitted to engage in the business of selling,
offering to sell, soliciting or advertising the sale of either off-road motorcycles, threewheel
or four-wheel all-terrain vehicles, four-wheel-drive vehicles intended by the user or
owner to be used in recreational pursuits, recreational off-highway vehicles or dune
buggies.
SECTION 6. The commissioner is authorized to:
(1) Establish and implement an off-highway vehicle program;
(2) In cooperation with sellers, and governmental agencies, develop a voluntary
off-highway vehicle education program for existing and potential owners and users;
(3) Develop guidelines on the proper land selection criteria, trail design and
maintenance, and best management practices for all lands used for off-highway user
purposes. In this connection, the commissioner is authorized to develop public lands and
manage, for specific uses, those public lands;
(4) Study, analyze, and document the impacts of off-highway motor vehicles on
surrounding habitat, including habitat loss, resource damage, noise, and vehicle
emissions;
(5) Acquire lands, through purchase or lease, for off-highway motor vehicle use.
The commissioner is encouraged to use property which is currently owned or leased by
the state and which is appropriate for off-highway vehicle use before acquiring lands
from private landowners;
(6) Develop and maintain a list of areas within the state that allow the use of offhighway
motor vehicles;
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(7) Enter into partnerships, contracts, and other management agreements with
state, federal, and local governments and with private landowners to effectuate the
purposes of this chapter;
(8) Make inspections and investigations, conduct studies and research, or take
such other action as may be necessary to carry out the provisions of this chapter, and
rules and regulations promulgated pursuant to Section 7; and
(9) Exercise general supervision over the administration and enforcement of this
chapter and all rules and regulations promulgated under Section 7.
SECTION 7. The department is authorized to promulgate rules for the following
purposes:
(1) To set, through rules, rider fees as established in this chapter;
(2) To establish safety requirements for riders on publicly owned or leased
lands. Riders under eighteen (18) years of age shall, at a minimum, wear a helmet; and
(3) To promulgate any other rules deemed reasonable and necessary to
effectuate the purposes of this chapter. Such rules shall be promulgated in accordance
with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
SECTION 8. The funds received by the department under this chapter shall be used
exclusively for the purpose of funding the operation and management of the off-highway motor
vehicle program authorized under this chapter. The commissioner may use funds collected
under this chapter to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any
lesser interest in land, development right, easement, covenant, or other contractual right
necessary to achieve the purposes of this chapter. Any future funds received for OHV or
motorized trails shall be credited to the department for use to administer and enforce the
provisions of this chapter and shall be divided equally between the three grand divisions.
SECTION 9.
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(a) Except as provided in subsection (c), a violation of any provision of this
chapter is a Class B misdemeanor. A parent or guardian who knowingly permits a minor
to operate an off-highway vehicle in violation of this chapter commits a Class B
misdemeanor. A person who commits a second or subsequent offense commits a Class
B misdemeanor with a mandatory fine of two hundred fifty dollars ($250).
(b) For any conviction of violation of a provision of this chapter, the court may
order restitution for damages caused by the violator, or the court may order the violator
to restore the property to a state comparable to its original undamaged state. Any
restitution ordered shall be paid to the landowner or to the state if the land on which the
offense occurred was owned, leased, licensed to, or in some manner under state
control. State control includes, but is not limited to, control through any type of
agreement or understanding with any private or governmental entity permitting land to
be used in connection with the OHV program.
(c) It is unlawful for any person to ride an off-highway motor vehicle upon the
land of another without having first obtained the permission or approval of the owners of
the land or of the person or persons in charge of the land who have authority from the
owner to give such permission. A violation of this subsection (c) is a Class C
misdemeanor, subject to a fine only of fifty dollars ($50.00). Each day's violation of this
subsection (c) shall be considered a separate offense; provided, that, in lieu of a fine
pursuant to this subsection (c), if land is damaged, a court may order the violator to pay
restitution to the landowner or to restore the property to a state comparable to its original
undamaged state.
(d) The provisions of this chapter are enforceable and may be prosecuted by all
law enforcement officers, including police officers, sheriffs, wildlife resources agency
officers, and other peace officers charged with the enforcement of the laws of this state.
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The primary responsibility for the enforcement and prosecution of this chapter on private
lands and on lands under local governmental ownership or control is with local law
enforcement officers. The primary responsibility for the enforcement and prosecution of
this chapter on public lands not under local governmental ownership or control is with
state law enforcement officers, including wildlife resources agency officers. It is not the
legislative intent that the department enforce trespass laws on private property unless
the property is under state control.
SECTION 10.
(a) The rules previously promulgated under the prior Off-Highway Vehicle Act
shall remain in effect until amended or repealed in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5.
(b) All contracts or leases entered into prior to July 1, 2010, by the Tennessee
wildlife resources agency with any entity, corporation, agency, enterprise or person
pertaining to the prior Off-Highway Vehicle Act shall continue in full force and effect as to
all essential terms and conditions of the contracts in existence on July 1, 2010, to the
same extent as if such contracts had originally been entered into by and between such
entity, corporation, agency, enterprise or person and the department of environment and
conservation, unless and until such contracts or leases are amended or modified by the
parties to such contracts or leases.
SECTION 11. This act shall take effect July 1, 2011, the public welfare requiring it.
Alrighty gang, the 2009 Off-Highway Vehicle Bills have been filed and intro’d. Now is the time to contact your own legislators and get them to either sign onto or support these three bills as they move thru the committee process and onto the floor for a full vote in both legislative bodies. These bills are basically “enabling” legislation for the OHV constituency in TN. There should not be a fiscal note attached to any of our bills. We pay our own way and therefore deserve a fully operational statewide OHV program. The needs of 880,000 + users over the age of 16 in our state are not being addressed and that, my friends, is a travesty beyond comprehension. Plus the economic benefits from OHV Recreation are almost 8 to 1 over other outdoor activities. We bring money into our rural communities and right now folks; we need every penny we can get.
Go to: www.capitol.tn.gov there you will find contact information for your legislators, access to the summary of our OHV Bills, and a way to track them from your home computer. They have really gotten this process very user-friendly this year. Hallelujah! If your legislators have any questions with your request, do not hesitate to send them my way. I am here for anything you may need in this endeavor. 931-924-7877 or iva@ivamichellerussell.com
Many thanks go to Sen. Eric Stewart (D-14) and Rep. Judd Matheny (R-47) for sponsoring these bills. This is our THIRD year presenting the agency switch legislation. Bottom line, we are 100% committed to switching managing agencies. TDEC is ready to get to work for us, TWRA is not. It is just that simple.
SB280,HB365 – Switching the OHV Program from TWRA to TDEC
SB281,HB367 – Tort Reform/Liability relief for OHV activities (mirrors current equine liability laws)
SB282,HB366 – Proposes an Off-Highway Vehicle Specialty License Plate, raises funds to promote OHV education, safety and trail building resources in TN.
On a final note, I have included a “long read” that I think will help you understand the bigger picture for our OHV community in TN. Once we get out of this legislative/agency juggernaut, the possibilities are endless. California was way ahead of the OHV curve; we need to learn from their example as we look to the future.
Onward Ho!
M
Ps. Once everything begins, you can also follow the fun on Facebook and Twitter. OHV4TN
Cal City sees two sides of riders
Off-road trails bring tourism, obstruction to Kern County
This story appeared in the Antelope Valley Press
Sunday, February 8, 2009.
By ALLISON GATLIN
Valley Press Staff Writer
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On the one hand, off-road vehicle recreation is a booming industry that provides economic benefit to nearby communities from visiting riders and provides enthusiasts with a recreational outlet for enjoying the outdoors.
On the other hand, off-road vehicles are noisy, can damage the environment when designated trails are not used properly and may draw complaints from residents over issues of trespassing and property damage.
Such is the ongoing debate in communities in the Antelope Valley and across the country as the recreational activity grows while available lands in which to practice it don't.
According to a U.S. Forest Service report on off-highway vehicle use published in February 2008, nearly one in five Americans (19.2%) age 16 and older participated one or more times in OHV recreation within the past year, based on the most recent data collected (2005-07).
Of the total U.S. OHV population, as studied between 1999 and 2007, 11.6% is in California.
The number of OHVs in the United States increased 174% between 1993 and 2003, the most recent data available according to the report.
The Mojave Desert is a popular destination for off-road enthusiasts, with miles of legal trail areas for use.
The desert around California City in eastern Kern County is particularly popular, drawing tens of thousands of riders during the cooler months.
"It's a whole city that shows up," Cal City Mayor Larry Adams said.
Over the long Thanksgiving weekend last fall, an estimated 100,000 riders visited the Cal City area, an influx some seven times greater than the city's full-time population of 14,365.
The area's popularity does not come without detractors.
Residents complain about noisy equipment, inconsiderate riders and off-road vehicles in use where they are not allowed.
The problem of inconsiderate riders - cutting through private property, running loud vehicles on residential streets - comes from a combination of visitors and local riders, Adams said.
As an example, Adams cites three groups of riders in his own neighborhood.
There are the street-legal motorcycle riders, who start up their distinctive engines each morning to go to work. Then there are the very conscientious off-roaders who carefully cross the neighborhood streets to get to the nearby desert trails.
"They don't want to bother anybody," he said.
Finally there are the ones who cause the most complaints, those who disregard the rules, cut across yards and are found doing wheelies and donuts in a vacant lot.
"Those are the ones we need to get a handle on," Adams said. "We don't mind that they ride, we just want them to do it responsibly."
According to the California City Police Department, the city has 33.5 miles of designated OHV trails, primarily to the north and east of the city's population center.
The city has taken pains to attract and accommodate riders. The Police Department operates the Desert Incident Response Team, which provides police officers, medical personnel and volunteers on weekends to handle calls in the off-road areas.
To support the program, which had subsisted on state grants and volunteer efforts, the city last year instituted a permit fee for use of the city trail areas. So far, the permit program has raised in excess of $125,000, according to Police Chief Steve Colerick.
Last fall, the city council approved an OHV trail running from the off-road areas into the city's business center in order to provide access for visitors to some restaurants and other businesses.
Economic benefits
For the businesses at the end of the trail, the access has affected them "tremendously," said Cheryl Gober, owner of Old Cal City Coffee Company and second vice president of the Cal City Economic Development Corp.
"It's a tremendous help to us. It's the difference between making payroll and not making payroll."
Mornings, especially, see numbers of families come into the coffee house for breakfast: smoothies, breakfast rolls, hot chocolate.
"We'll have parties of 30 to 40 people coming in at once," she said.
Afternoons and evenings see equally large crowds at other restaurants in the center such as The X-Spot, a barbecue and sports bar.
On the popular holiday weekends, the visiting riders can double the business of the local establishments, Gober said.
Thanksgiving weekend brought standing-room only crowds to the restaurants, while on New Year's weekend "I thought we would all go crazy, we got so slammed," she said.
Because the trail into town is an easy one, it attracts a lot of families with small children, Gober said.
In addition to patronizing the shops and restaurants in the California City Business Center, the trail's terminus, riders are also walking across the street to the businesses at Aspen Mall, she said.
The trail benefits the city in more ways than the immediate economic boost, Gober said.
Before, the thousands of visitors would pass through town on their way to and from the desert camping areas, without ever interacting with the community itself. Now, visitors have a means of connecting with the city and its residents in ways they hadn't before.
"They're finding the city is a nice community," Gober said. "I've actually sold homes to people who came in on the trail."
Gober acknowledged the complaints of some residents, but emphasized the importance of the economic benefit.
"We've got to survive as a community. We can't let these businesses go under," she said.
"If the town would open its arms to off-roaders, it would be an economic asset that's been absent for so long," she said.
The economic success of the businesses nearest the OHV trail have drawn requests from other businesses in town for trail extensions, City Manager Linda Lunsford said.
In January, the City Council approved a request for the Public Works Department to proceed with preliminary planning efforts to extend the trail further into the city center.
"I generally think it should be expanded," Gober said. "The more we can do to help off-roaders have a good experience, the better it is."
First, however, the existing trail must pass the test of its first season.
When the City Council approved the trail, it was with the stipulation that it would be for a trial period, to be re-evaluated after the riding season ends in June.
It is a small percentage of the off-roaders who disregard the rules and think they can ride wherever and however they want, Adams said.
"The off-road people need to get involved in policing themselves," he said. "We've got to balance the two things. I think we can."
Local law enforcement has been working to ensure riders stay on the designated trail and not stray onto other city streets and through residential neighborhoods.
As with any new rule, there was a period of education when officers issued warnings, Colerick said. That time, however, has elapsed.
One recent afternoon, a single officer issued just under 20 citations in a prime area of concern.
"Some of them were our own locals. They every bit deserved those citations," Colerick said.
The stepped-up enforcement appears to have had the desired effect, he said, as one resident who has long complained about riders in his neighborhood personally came into City Hall to thank Colerick.
"It was a barometer of how it's working," he said. "It's a combination of law enforcement and community and participant cooperation."
Crackdown on illegal riding
Kern County sheriff's deputies recently announced a "zero-tolerance" policy for illegal riding. Officials will no longer offer warnings and will instead cite those found riding in illegal areas and on private property.
"At this point, we think we've warned people enough," said Sgt. Richard Wood of the Tehachapi substation.
The problem has increased lately in areas around Tehachapi and Rosamond, where there are no legal OHV trails.
"We basically had a growing number of complaints from property owners in this region about riders cutting fences, chasing livestock, knocking down signs, just being rude," Wood said.
The problems have led to the formation of a local group of property owners called Off-Road Vehicle Watch Kern County, Wood said, one of the organizations with whom officials met to discuss the complaints.
Sgt. Bobby Daniels of the Rosamond substation described a "roomful of angry property owners" leading to the increased enforcement.
Sheriff's patrols are expected to increase in the problem areas, and officials will conduct periodic special enforcement activities.
"I think people are just getting fed up," Wood said.
While the bulk of the area's off-road activity is centered on the more northern reaches of the Valley, the issue is a regional one.
"We do get complaints and always have about the rural areas" such as Leona Valley, Acton and the southeastern portions of the Valley, said Capt. Bob Denham of the Palmdale Sheriff's Station.
The Los Angeles County Sheriff Department has an off-road team that patrols on weekends, concentrating on areas where there have been complaints of illegal off-road activity, he said.
The problem is a combination of several issues, he said. One is people coming from outside the area, such as the Los Angeles basin, and thinking it is legal to ride in any of the open areas they see from the road.
Others know what they are doing is illegal "and do everything they can to avoid us," Denham said.
The complaints tend to be seasonal, coinciding with the prime riding months, he said.
They tend toward noise complaints, as well as tearing up the desert and sometimes scaring horses.
"Most of the time it's noise off in the distance," Denham said.
Education is the key
Off-road supporters recognize that the actions of a few irresponsible riders make trouble for the many who enjoy the recreational activity legally and considerately.
"We are attempting to educate our community to stay on the designated trail system," California City resident and off-road organizer Wayne Nosala said. "We definitely encourage people not to trespass and not to have conflicts with animals.
"For the most part, we have pretty good compliance. There's a few idiot people who don't want to follow the rules," he said.
Nosala likened the situation to the majority of people on the highway maintaining the speed limit, except for "that one guy who slings by you at 100 mph."
With the peak of the off-road season in full swing right now, crowds of enthusiasts have been streaming into the eastern Kern County desert from Bakersfield and the Los Angeles basin.
"You get 100,000 people out here, it only takes 100 to run amok," Nosala said. "It doesn't take too many to give us a bad name."
Groups such as the nonprofit Friends of Jawbone try to educate riders in the field through signs, handouts and any other outreach they can. For example, the organization recently bought a billboard on Highway 14 just outside Mojave inviting visitors to Jawbone Canyon and Cal City while reminding riders to stay on the trails.
Friends of Jawbone also publishes a map detailing all areas in the east Kern County region where you can and can't ride.
"There's a lot more legal area on that map than there is closed area," Nosala said.
The map also lists the rules and regulations for off-roading in the area, as well as points of interest.
The newly released seventh edition of the map is available through the Jawbone Station at (760) 373-1146.
The maps are $3 each, with the proceeds going toward trail maintenance.
Information is also available through the Friends of Jawbone Web site at www.jawbone.org.
"It's 90% education," Nosala said. "There are lots of new people coming into the sport who really don't know the rules."
While some off-road opposition groups seek to pass additional laws or penalties for illegal riding, Nosala and other believe the existing laws are stringent enough, they just need better enforcement.
This year has been especially busy for the area, Nosala said, owing partly to gas prices declining this fall.
"This particular season has been a real tough one. We've seen people do stuff we just don't see in other years," he said.
agatlin@avpress.com
Iva Michelle Russell
Exec. Director, OHV4TN
A Citizen Lobbyist Organization
931-924-7877
The mission of the OHV4TN organization is to be the legislative advocate for the 880,000+ Off-Highway Vehicle users in the state of Tennessee. OHV4TN is dedicated to the creation of a diverse statewide system of sustainable OHV trails in Tennessee for current and future generations of OHV users.
.