As a former teacher on this Island, I pride myself in maintaining good relationships with the parents and the students here. I would have called the parents had I known who the parents were. The issue is one that is simple. I did not know these pre-teenagers, and I do not carry a badge that allows me to question them, detain them, or reprimand them. I did place a phone call to report this activity to the proper authorities, but was unable to contact the deputy by phone.
I am sure that a large number of the laws of this state are based upon the poor judgment of a few. Take the DUI law, for example. It is certainly not based upon the responsible members of the state. Then consider the law covering Assault and Battery. I never knew a responsible person who was convicted of felonious assault. I also believe that the adults of the community are the examples that should be set for the the younger elements of the community. "Uncle Adam doesn't have to where a helmet, and Grandpa Jon doesn't wear one either,why should I have to?."
"We don't need to make more laws, we just need to enforce the ones that we already have!!!!" Isn't that what I said in my previous post? Creating another ordinance or rule or law won't change the current activity, legal or illegal. Accept it or not, the actions of a few irresponsible people cause rules and laws to be written to protect the community from them.
Saving gasoline and costs is only one part of the puzzle. What about the costs to the individual and society when one pre-teen or teenager receives a traumatic brain injury from operating the ORV, moped, motorcycle or any vehicle because they were not wearing a helmet?
I stand by my last statement, "I am fully in support of responsible adults following the rules of the road and laws of the state on any legally licensed and insured vehicle." If the laws of the state do not require insurance or license, then so be it.
Can we just be sure that the ordinance requires that the ORV be driven by an adult in a responsible manner? Can this privilege (it is not a right just like a driver's license) be revoked from those that are irresponsible? Can the vehicle be impounded if the driver is under age, or under the influence of illegal substances, or driven in an irresponsible manner, or driven in a protect area, or driven on private property, or driven through my flower beds? All of these issues are important in the discussion of any possible ordinance. After all, the governing body that creates an ordinance IS responsible for that ordinance and IS responsible for enforcing the ordinance.
By the way, complaining is what I do best, better even than any of you.
Joe Moore
ORV's Ordinance
Moderator: Gillespie
Re: ORV's Ordinance
Quite a few years ago we had a problem with orv's on the beach on BI and called the BI sheriff only to get no answer. I then called 911 and got cvx on the phone and they put me in contact with the head sheriff in cvx who said yes, they were breaking the law and BI was part of Michigan. He then told me the local sheriff would call me back and he did in just a few minutes......so, it is very difficult to get in touch with the sheriff at times as they may be out on other calls or something.Tuneman wrote:I agree with TJD 100% "People who engage in reckless and/or illegal behavior while operating a vehicle of one kind will more than likely drive another type of vehicle with the same disregard for safety and the law. The fact that these type of people exist is not reason to deny responsible citizens alternative means of transportation."
I take acception to some of the statement made by medic5740 " So without the ORVs being approved, today, Monday, June 16, I observed three gas powered mopeds being ridden by underage teens. Not one of them was wearing a helmet. Twice the youngsters were riding double and traveling back and forth across the road from side to side violating, at minimium, three rules of the road, and, if including the licensing and permit issues, many more. If the current laws of moped use are ignored, how many more laws will be ignored by adding more types of vehicles? Where were the responsible adult parents of these teens?" You as a responsible adult should have reported to the parents of these kids or if you didn't know the parents, you should have called the authorities and reported their illegal activities rather than complain in this forum and condemn the use of ORV's by responsible people. We already have Laws in this country pertaining to everything, we just need Law Abiding Citizens to report to the authorities of the illegal activity if they see them. We don't need to make more laws, we just need to enforce the ones that we already have!!!!
Tuneman
As for contacting the parents, I doubt that would help and most aren't willing to listen to something they themselves do.
On the mainland where I deliver mail I watched a kid riding one of those 60 mph orvs on a dirt road which crossed a main road. He was thrilled at gunning it and watching the stones fly, feeling the initial thrust of speed. A couple days later befor the paint was scratched he forgot where he was and hit the main road flying. Ran into a car causing his death and the driver of the car's death. The kids father had just purchased the orv to keep his kid out of trouble. Not a pretty story and a cross was erected at the spot for several years till the real estate owner at the intersection took it down to try and sell the property.
We are all responsible most of the time but remember that we all loose it at times and it only takes an instant to never get to look back. The adreniline producing machines are more apt to create this effect in us even if only for a moment.
ORV & Kids don't mix
medic5740 & Carl are right about one thing: ORV's and children don't mix. "Statistics show that in 41 percent of the deaths resulting from ORV accidents the victim was under 16 years of age. Additionally, other young victims were left paralyzed, brain damaged, or with other serious permanent injuries. Most of the accidents involving young riders could be traced to a number of factors such as lack of supervision, machine design characteristics, and lack of training. Some parents appeared to be unaware of many of these hazards." http://www.offroad-ed.com/mi/handbook/why_laws.htm However like snowmobiles ( which kill up to 50 a year in Michigan) they're still legal. Recently in Charlevoix county an unsupervised two year died when he drove his new ORV off an embankment. Poorly supervised reckless kids really have nothing to do with an ordinance for adults though.
This thread isn't really about the reckless unsupervised children or illegal activity of adults. If we apply the medic test (reckless unsupervised kids may hurt themselves) to anything and use that as the standard for what we allow, most things would be banned. No houses over 8' ( I seen a kid climbing & jumping off a roof) no swimming or playing in the water (a kid may drown) no cans of spray paint (some kid may huff it and cause brain damage or die) and by no means should snowmobiles be allowed on island roads. But seriously,Medic, I do appreciate your concern for the children and adults, the island is better off because of your vigilance and hard work. Why don't you start a thread on this forum of reckless and illegal behavior you observe; you've made your point about this topic: we can't trust the kids or adult of the island to do the right thing so no way should they be allowed to drive ORVs down the road.
An ORV / golf cart ordinance should be for adults. The township board can craft an ordinance in a responsible and reasonable manner. Limits on speed, locations, and age can all be included in the ordinance. Peaine township is a remote rural area and allowing ORVs use of the roadways is not unreasonable. I hope the township board will recognize that the citizens of the township are adults and that most behave in a responsible manner. If the current township board doesn't recognize this maybe the next board will. We do have some choices in this years election.
This thread isn't really about the reckless unsupervised children or illegal activity of adults. If we apply the medic test (reckless unsupervised kids may hurt themselves) to anything and use that as the standard for what we allow, most things would be banned. No houses over 8' ( I seen a kid climbing & jumping off a roof) no swimming or playing in the water (a kid may drown) no cans of spray paint (some kid may huff it and cause brain damage or die) and by no means should snowmobiles be allowed on island roads. But seriously,Medic, I do appreciate your concern for the children and adults, the island is better off because of your vigilance and hard work. Why don't you start a thread on this forum of reckless and illegal behavior you observe; you've made your point about this topic: we can't trust the kids or adult of the island to do the right thing so no way should they be allowed to drive ORVs down the road.
An ORV / golf cart ordinance should be for adults. The township board can craft an ordinance in a responsible and reasonable manner. Limits on speed, locations, and age can all be included in the ordinance. Peaine township is a remote rural area and allowing ORVs use of the roadways is not unreasonable. I hope the township board will recognize that the citizens of the township are adults and that most behave in a responsible manner. If the current township board doesn't recognize this maybe the next board will. We do have some choices in this years election.
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Dan Wardlow
- Posts: 85
- Joined: Fri Apr 06, 2007 1:37 pm
Not sure I agree about the insurance issue, Tim ... what happens when an uninsured ORV comes flying through the stop sign at the blind corner of Hannigan's Road and Fox Lake Rd and I hit it broadside? Who's gonna get sued because he has insurance on his car and the ORV didn't? In Michigan, it doesn't mattter who's at fault; what matters is who has the insurance. If they're gonna share the road, they should be required to carry liability insurance, and driver and vehicle be licensed. As *should* snowmobiles.
p.s. the exact incident I describe happened to me Memorial Day weekend. I was able to stop before hitting the ORV, and the ORV driver swerved off the edge of the road. He was gone before I could even get out of my car. Looked to be a boy maybe around 13-15 years old. No helmet either.
p.s. the exact incident I describe happened to me Memorial Day weekend. I was able to stop before hitting the ORV, and the ORV driver swerved off the edge of the road. He was gone before I could even get out of my car. Looked to be a boy maybe around 13-15 years old. No helmet either.
Who needs more premiums?
Well if the ordinance said ORVs should travel at 25 mph and obey traffic signs the ORV driver would be in violation of the ordinance. Your insurance company could get sued, since anyone can bring a law suite, but I doubt a jury in this county would side with a negligent ORV driver. I'm sure similar situations have occurred in Northern Michigan between cars and negligent snowmobiles, and I challenge anyone to show me a large payout in favor of the negligent snowmobile.
It's an interesting question that should be asked of an attorney that specializes in such matters. It maybe similar to getting in an accident with an uninsured automobile or a piece of farm equipment.
The insurance companies I'm sure would love it if everyone and everything had to carry $1,000,000 in insurance. The scenario you describe could happen with a bicycle as well, do you feel they should have to pay insurance also? Michigan is one of the most profitable states for the insurance companies while its premium rates are the highest!
I find it really kinda funny that I can build an small experimental aircraft in my back yard and fly it around the island with no license or insurance but if I wanted to slowly drive an ORV or golf cart down the side of the road suddenly I need all kinds of insurance in some peoples eyes.
It's an interesting question that should be asked of an attorney that specializes in such matters. It maybe similar to getting in an accident with an uninsured automobile or a piece of farm equipment.
The insurance companies I'm sure would love it if everyone and everything had to carry $1,000,000 in insurance. The scenario you describe could happen with a bicycle as well, do you feel they should have to pay insurance also? Michigan is one of the most profitable states for the insurance companies while its premium rates are the highest!
I find it really kinda funny that I can build an small experimental aircraft in my back yard and fly it around the island with no license or insurance but if I wanted to slowly drive an ORV or golf cart down the side of the road suddenly I need all kinds of insurance in some peoples eyes.
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Dan Wardlow
- Posts: 85
- Joined: Fri Apr 06, 2007 1:37 pm
Tim: Yes anyone can sue anybody for anything. Of course I know that, but an ORV driver suing my insurance company would make me quite suddenly uninsurable or cause my rates to soar. Yes, it would be like an uninsured motorist hitting me ... the point being why do we want to unleash more uninsured motorists?
Most bicyclists are already covered under their homeowner's insurance for liability. Also bicyclists are arguably safer vehicle operators when they operate on public roads, given their speed and increased awareness of their own vulnerability. Also, a bicyclist would have easily heard my car approaching that intersection, where an ORV operator quite obviously did not. And farm equipment operating on public roads DOES require insurance, carried in a farm equipment rider on your home or business insurance.
Michigan's average auto insurance rates are the 13th highest in the nation, not first. Sorry if that ruins your hyperbole. And if you look at vehicle liability-only rates, Michigan is 45th highest.
You're welcome to build and fly your airplane anywhere you want. I don't think you're likely to hit my car with it.
Most bicyclists are already covered under their homeowner's insurance for liability. Also bicyclists are arguably safer vehicle operators when they operate on public roads, given their speed and increased awareness of their own vulnerability. Also, a bicyclist would have easily heard my car approaching that intersection, where an ORV operator quite obviously did not. And farm equipment operating on public roads DOES require insurance, carried in a farm equipment rider on your home or business insurance.
Michigan's average auto insurance rates are the 13th highest in the nation, not first. Sorry if that ruins your hyperbole. And if you look at vehicle liability-only rates, Michigan is 45th highest.
You're welcome to build and fly your airplane anywhere you want. I don't think you're likely to hit my car with it.
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John Bolton
- Posts: 374
- Joined: Sun Nov 11, 2007 1:07 pm
- Location: Sioux Falls SD
I live, therefore, I rant.....
People die everyday.
From poor health habits, yet I still have been known to show up at the local pubs.
People die everyday from auto accidents, yet I still drive my car at freeway speeds when I commute to work.
People die (somewhere in the world) almost everyday in airplane accidents. yet I fly to the Island
People die every day from motorcycle accidents, yet I still ride.
People die in Ferry accidents (700 yesterday in the Phillipine Islands)
People die from living life.
Our society has spent a lot of time trying to make life relatively safe for us. But most importantly, safe for the insurance companies who love our premiums yet loath to cover our risk of living. They are, after all, investment companies whose cost of doing business is having to pay a claim. No wonder they spend so much time lobbying law makers to make us all "safe premium providers". They use fear as a way to increase profits.
Like fear based religions, making decisions based on what you dont really know, but always fearing the worst, makes our society weak at it's core.
The reason we are even debating the ORV issue is because we have been afraid to meet the challenge of a changing energy world . We all knew it was coming, yet it was safer to ignore it, hoping it would just all go away.
Now we are scrambling to catch up, desparately figuring ways to prevent our society from suffering a catastrophic meltdown.
It will cripple Beaver Island first. A remote island totally dependent on imported energy, in a state crippled by poor economic decisions of its business and elected leaders .
We will be America's failed energy policy "Poster Child"
We can sit in fear, telling ourselves that trying new approaches has just too much risk , better to sit, do nothing.. and play it safe ( and merely wait for the inevitable) or
We can become proactive , make some choices, take the risks and at least try attempt to attend the looming energy disaster that is roaring towards us like a frieght train.
The ORV issue shouldnt be such a debate. The benefits outweigh the unknown. If current regulatons are enforced, the issues of errant offspring become a mute point. If someone gets hurt because they are breaking the rules, well, that is why we have the rules.
It is simple, really. Letting our fear of the unknown rule our progress makes us vunerable to outside forces that we can not control, which in turn, brings more fear. Look inside ourselves, are we really ready for what is about to happen to this island or the entire country for that matter, as far as our current energy situation?
The other side of the sword is that Beaver Island can become the "Poster Child" of America as far as positive, proactive energy issues. The island and its' people are perfectly situated to become a frontline campaign experiment for all the same reasons that doing nothing it will be one of America's first energy casualties.
ORV use? a no brainer. But how about the natural gas exploration idea? How about constructing a pro-electric car island policy? How about forming a group to represent the island to go around and agressively lobby both exsisting transportation companies and alternative energy and transportation companies to come to the island and "use" us as a frontline real world experiment in self sufficency ?
Lobby our lawmakers for tax credits for energy saving investment expenses incurred by Island property owners.
Beaver Island is unique, yet, it reflects our society at large.
Let it start here.
There are a thousand diferent avenues we could go down, Im sure we all have our own ideas.
Do not let fear keep us from takng those first important steps.
You may now resume your regular programing.......[/[/i]i]
(excuse the pun)
People die everyday.
From poor health habits, yet I still have been known to show up at the local pubs.
People die everyday from auto accidents, yet I still drive my car at freeway speeds when I commute to work.
People die (somewhere in the world) almost everyday in airplane accidents. yet I fly to the Island
People die every day from motorcycle accidents, yet I still ride.
People die in Ferry accidents (700 yesterday in the Phillipine Islands)
People die from living life.
Our society has spent a lot of time trying to make life relatively safe for us. But most importantly, safe for the insurance companies who love our premiums yet loath to cover our risk of living. They are, after all, investment companies whose cost of doing business is having to pay a claim. No wonder they spend so much time lobbying law makers to make us all "safe premium providers". They use fear as a way to increase profits.
Like fear based religions, making decisions based on what you dont really know, but always fearing the worst, makes our society weak at it's core.
The reason we are even debating the ORV issue is because we have been afraid to meet the challenge of a changing energy world . We all knew it was coming, yet it was safer to ignore it, hoping it would just all go away.
Now we are scrambling to catch up, desparately figuring ways to prevent our society from suffering a catastrophic meltdown.
It will cripple Beaver Island first. A remote island totally dependent on imported energy, in a state crippled by poor economic decisions of its business and elected leaders .
We will be America's failed energy policy "Poster Child"
We can sit in fear, telling ourselves that trying new approaches has just too much risk , better to sit, do nothing.. and play it safe ( and merely wait for the inevitable) or
We can become proactive , make some choices, take the risks and at least try attempt to attend the looming energy disaster that is roaring towards us like a frieght train.
The ORV issue shouldnt be such a debate. The benefits outweigh the unknown. If current regulatons are enforced, the issues of errant offspring become a mute point. If someone gets hurt because they are breaking the rules, well, that is why we have the rules.
It is simple, really. Letting our fear of the unknown rule our progress makes us vunerable to outside forces that we can not control, which in turn, brings more fear. Look inside ourselves, are we really ready for what is about to happen to this island or the entire country for that matter, as far as our current energy situation?
The other side of the sword is that Beaver Island can become the "Poster Child" of America as far as positive, proactive energy issues. The island and its' people are perfectly situated to become a frontline campaign experiment for all the same reasons that doing nothing it will be one of America's first energy casualties.
ORV use? a no brainer. But how about the natural gas exploration idea? How about constructing a pro-electric car island policy? How about forming a group to represent the island to go around and agressively lobby both exsisting transportation companies and alternative energy and transportation companies to come to the island and "use" us as a frontline real world experiment in self sufficency ?
Lobby our lawmakers for tax credits for energy saving investment expenses incurred by Island property owners.
Beaver Island is unique, yet, it reflects our society at large.
Let it start here.
There are a thousand diferent avenues we could go down, Im sure we all have our own ideas.
Do not let fear keep us from takng those first important steps.
You may now resume your regular programing.......[/[/i]i]
(excuse the pun)
If we do not all hang together,
we will all hang separately,
Ben Franklin
we will all hang separately,
Ben Franklin
ORV law update
The state law to allow ORVs on Northern Michigan roads is now out of committee and has passed the house. The bill has been modified to meet the concerns of the township association: townships will be allowed to opt out if the county passes an ordinance or pass their own ordinance if the county refuses to pass an ordinance. Only 30 % of a countyâ??s roads may be designated for ORV use; the sooner we get going on this the better our chances are of getting a sufficient amount of roads designated for ORVâ??s. This bill may be approved as early as the 4th of July.
The township(s) currently can authorize situations where an ORV can be operated on the roads within their jurisdiction. MCL 324.81131 defines those situations. They are for handicapped person and to provide access routes to legal ORV use areas. Once the new bill becomes law other townships in the county may line up all wanting a larger portion of the countyâ??s percentage. If we get the jump on them and declare our roads as ORV access routes now we can almost be assured that the island will have its fair share and not be shorted by the county. If St. James doesnâ??t feel that ORVâ??s are appropriate for them, then the citizens of Peaine will take their portion of the county percentage.
Between laws on the books already and the safe guards written into the proposed law all reasonable concerns discussed in this thread will be met. Insurance requirements, township liability issues and youth safety concerns are all met.
It may be a bit of an uphill battle to get this ordinance going but it will be worth the head aches. As you can see by this thread people opposed to ORVâ??s will throw all kinds of unreasonable fears out into the discussion and try to question it to death waiting for that gotcha moment. All's we can hope for is that reasonable people will rise above the fear and the gotcha politics. Bolton is 100% right we need alternatives and courage to face these changing times. Are we still the land of the free and the home of the brave?
Oh: golf carts that are not street legal are considered ORVs, helmets are required, liability insurance is required, townships are protected from law suites, there is a fund established for environmental remediation if damage is done, youth are required to take ORV safety and you have to be 16 to be on the roads.
The township(s) currently can authorize situations where an ORV can be operated on the roads within their jurisdiction. MCL 324.81131 defines those situations. They are for handicapped person and to provide access routes to legal ORV use areas. Once the new bill becomes law other townships in the county may line up all wanting a larger portion of the countyâ??s percentage. If we get the jump on them and declare our roads as ORV access routes now we can almost be assured that the island will have its fair share and not be shorted by the county. If St. James doesnâ??t feel that ORVâ??s are appropriate for them, then the citizens of Peaine will take their portion of the county percentage.
Between laws on the books already and the safe guards written into the proposed law all reasonable concerns discussed in this thread will be met. Insurance requirements, township liability issues and youth safety concerns are all met.
It may be a bit of an uphill battle to get this ordinance going but it will be worth the head aches. As you can see by this thread people opposed to ORVâ??s will throw all kinds of unreasonable fears out into the discussion and try to question it to death waiting for that gotcha moment. All's we can hope for is that reasonable people will rise above the fear and the gotcha politics. Bolton is 100% right we need alternatives and courage to face these changing times. Are we still the land of the free and the home of the brave?
Oh: golf carts that are not street legal are considered ORVs, helmets are required, liability insurance is required, townships are protected from law suites, there is a fund established for environmental remediation if damage is done, youth are required to take ORV safety and you have to be 16 to be on the roads.
Last edited by TjD on Mon Jun 23, 2008 9:12 am, edited 1 time in total.
The insurance distraction
Dan, why are you asking me questions when you already seem to know it all?
In regards to your uninsured scenario you appear to have it exactly backwards: If a car or ORV being driving is uninsured, then they are legally barred from bringing suit against an at-fault driver and from claiming First-Party benefits; Its called pay to play. In addition a third party claim or suite against you can only be brought if you were more than 50% responsible. Your worries you described are an irrational fear that are in your mind only. So actually if you were involved in an accident and you or your passenger(s) are not injured you would be better off if the vehicle you hit was not properly insured. Even if you were at fault an uninsured motorist would find it almost impossible to sue you or youâ??re insurance company as long as you were not drunk or stoned. If your insurance company is going to cancel your policy after a negligent/reckless ORV causes an accident, and, you are just a victim in the wrong place at the wrong time your much better off with another company anyways.
As for your claim of hyperbole I hate to step on your gotcha moment but, itâ??s not hyperbole if itâ??s true. The highest premiums paid in the country are paid in Michigan; portions of the state have premiums approaching $6000 a year. Your â??statisticâ? on state average premiums paid is misleading since each state sets its own insurance standard you can not have a true average. To get a true average to determine which state actually has the highest "average" rates you would have to calculate the cost and value for the actual net protection.
In regards to your uninsured scenario you appear to have it exactly backwards: If a car or ORV being driving is uninsured, then they are legally barred from bringing suit against an at-fault driver and from claiming First-Party benefits; Its called pay to play. In addition a third party claim or suite against you can only be brought if you were more than 50% responsible. Your worries you described are an irrational fear that are in your mind only. So actually if you were involved in an accident and you or your passenger(s) are not injured you would be better off if the vehicle you hit was not properly insured. Even if you were at fault an uninsured motorist would find it almost impossible to sue you or youâ??re insurance company as long as you were not drunk or stoned. If your insurance company is going to cancel your policy after a negligent/reckless ORV causes an accident, and, you are just a victim in the wrong place at the wrong time your much better off with another company anyways.
As for your claim of hyperbole I hate to step on your gotcha moment but, itâ??s not hyperbole if itâ??s true. The highest premiums paid in the country are paid in Michigan; portions of the state have premiums approaching $6000 a year. Your â??statisticâ? on state average premiums paid is misleading since each state sets its own insurance standard you can not have a true average. To get a true average to determine which state actually has the highest "average" rates you would have to calculate the cost and value for the actual net protection.
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Dan Wardlow
- Posts: 85
- Joined: Fri Apr 06, 2007 1:37 pm
No one calls me a lawyer and gets a way with it!
Dan,
No I am not an attorney I am still a humane being. I've already stated in this thread that I'm not an attorney; but that doesn't stop me from reading up, trying to understand the law, and discussing it. You don't need to apologize for asking questions however if you state something disputable that starts with an everyone knows kind of statement , don't be surprised if people take exception. As far as I'm concerned your input is always welcome, you raise a lot of good points and you're quite often right: like the need for liability insurance to be on the road. I personally believe that a good debate is healthy for a community and important in developing good local ordinances. I know we can't pass an ORV/golf cart ordinance here on this forum but itâ??s a good place to start. If we left it all up to the town hall we'd still be stuck with being told itâ??s a county matter with little or no discussion on the issue.
Back to the Issues
There has been and still is a lot prejudice towards ORVs. The stereo type of ORV users as dangerous, reckless, red necked yahoos is hard to overcome in some peopleâ??s minds. The truth is that they are a multi-functional effective vehicles owned and operated by people from all walks of life and social status. They are perfectly suited for use on this island, and in particular, in Peaine Township. Almost all ORV users operate them in a safe manner since it is most likely the rider of an ORV who will suffer an injury if improperly used. Sure there are some people who operate them in an unsafe manner; this is more attributable to the personality of the individual and not the machine itself(no, I am not a Psychologist either, but I did stay at a Holiday Inn last week) . By passing an ORV ordinance here on the island we have the chance to improve the safety associated with ORV use. Letâ??s get them legal and properly control them instead of complaining about and fearing them.
By passing an ORV ordinance we can improve their safety here on the island. An ORV ordinance would require that teens are properly certified and schooled in the safe operation as well as the possible dangers. An ordinance would limit their speed, routes, and require insurance and helmets. Mandatory registration with the township could provide for an effective means to monitor use and punish offenders. Money from registration and fines could be split 50 50 with law enforcement and road maintenance.
When I first moved to the island not to so long ago ORVs were used on the local roads as one would expect to see in a rural place. People out in the country used them to visit their neighbors, to access recreational areas or simply to enjoy a scenic ride. As far as most were concerned it was ok with the law. They were treated as if legal. That changed and pushed people outside the law if they wished to use ORVs in a manner they had grown use to. Today an ORV user mayl be inclined to speed down the road to avoid detection; and once outside the law it becomes easier to justify further law less acts like trespass. An ORV ordinance would change that.
And here we go again. Today it is low speed vehicle that the law is treating as legal in Peaine Township; when in fact (or to the best that I understand the law) they are not. This may raise serious legal issues for the operator and those facilitating their use in the event of a serious accident. A brilliant and creative attorney may be able to craft an ORV ordinance in such a way as permit the legal use of most low speed vehicles around the island. The only other way to get them legal is to lower and post the speed limit on local roads. This will push many drivers outside the law when they travel at speeds over 35 mph. Lets strive to keep everyone with in the law. People that support any means of alternative transportations should support working on a local ORV ordinance.
No I am not an attorney I am still a humane being. I've already stated in this thread that I'm not an attorney; but that doesn't stop me from reading up, trying to understand the law, and discussing it. You don't need to apologize for asking questions however if you state something disputable that starts with an everyone knows kind of statement , don't be surprised if people take exception. As far as I'm concerned your input is always welcome, you raise a lot of good points and you're quite often right: like the need for liability insurance to be on the road. I personally believe that a good debate is healthy for a community and important in developing good local ordinances. I know we can't pass an ORV/golf cart ordinance here on this forum but itâ??s a good place to start. If we left it all up to the town hall we'd still be stuck with being told itâ??s a county matter with little or no discussion on the issue.
Back to the Issues
There has been and still is a lot prejudice towards ORVs. The stereo type of ORV users as dangerous, reckless, red necked yahoos is hard to overcome in some peopleâ??s minds. The truth is that they are a multi-functional effective vehicles owned and operated by people from all walks of life and social status. They are perfectly suited for use on this island, and in particular, in Peaine Township. Almost all ORV users operate them in a safe manner since it is most likely the rider of an ORV who will suffer an injury if improperly used. Sure there are some people who operate them in an unsafe manner; this is more attributable to the personality of the individual and not the machine itself(no, I am not a Psychologist either, but I did stay at a Holiday Inn last week) . By passing an ORV ordinance here on the island we have the chance to improve the safety associated with ORV use. Letâ??s get them legal and properly control them instead of complaining about and fearing them.
By passing an ORV ordinance we can improve their safety here on the island. An ORV ordinance would require that teens are properly certified and schooled in the safe operation as well as the possible dangers. An ordinance would limit their speed, routes, and require insurance and helmets. Mandatory registration with the township could provide for an effective means to monitor use and punish offenders. Money from registration and fines could be split 50 50 with law enforcement and road maintenance.
When I first moved to the island not to so long ago ORVs were used on the local roads as one would expect to see in a rural place. People out in the country used them to visit their neighbors, to access recreational areas or simply to enjoy a scenic ride. As far as most were concerned it was ok with the law. They were treated as if legal. That changed and pushed people outside the law if they wished to use ORVs in a manner they had grown use to. Today an ORV user mayl be inclined to speed down the road to avoid detection; and once outside the law it becomes easier to justify further law less acts like trespass. An ORV ordinance would change that.
And here we go again. Today it is low speed vehicle that the law is treating as legal in Peaine Township; when in fact (or to the best that I understand the law) they are not. This may raise serious legal issues for the operator and those facilitating their use in the event of a serious accident. A brilliant and creative attorney may be able to craft an ORV ordinance in such a way as permit the legal use of most low speed vehicles around the island. The only other way to get them legal is to lower and post the speed limit on local roads. This will push many drivers outside the law when they travel at speeds over 35 mph. Lets strive to keep everyone with in the law. People that support any means of alternative transportations should support working on a local ORV ordinance.