ATV FAQ
Answers to frequently asked questions about the proposed
Cook County Ordinance for the Management of All-Terrain Vehicles
Within the Public Right-of-Way of County Roads.
The following list was drafted at the beginning of the ATV ordinance process (in 2006). Some of the information has changed (such as the information about insurance - anyone riding in the road right-of-way IS REQUIRED to have liability insurance)
1. Is safety adequately addressed in the ordinance?
The safety standards for all-terrain vehicles are sufficiently addressed in MN State Statute 84.928. The county’s ATV committee agreed that it should not deviate from the State Statute, as this could cause confusion. The only difference between the State Statute and the County ordinance is the imposition of a specific speed limit of 30-mph. The only reference to speed in the State Statute is in: 84.928. Sub. 2 Operation generally. A person may not drive or operate an all-terrain vehicle (1) at a rate of speed greater than reasonable or proper under the surrounding circumstances.
The county ordinance clearly states that 30-mph is a reasonable and proper speed limit.
2. Economics. Will this ordinance enhance the local economy or reduce it?
There is no evidence that the ordinance will impact the economy of Cook County at all. Although the committee considered the position of some business owners that the use of ATVs on county roads could deter their guests from coming to Cook County, there is no evidence to support this theory.
There is evidence that if ambitious marketing was undertaken, ATVs could enhance the county’s economy. The All-terrain Vehicles in Minnesota: Economic impact and consumer profile conducted by the University of Minnesota Tourism Center, found that the state of Minnesota sees a Total Gross State Product of $796 million to $1,043 million from ATV related expenditures. However, local tourism entities have made it abundantly clear that they do not necessarily want ATV business. There are no plans for any marketing to ATVs now, or in the future. ATV riders will continue to be local riders and seasonal visitors who bring their ATVs with them.
3. How would this ordinance affect harmony or conflict within the community?
The committee was asked to address the environmental and safety issues surrounding ATV use on county roads, which it has done. ‘Harmony and conflict’ over ATVs is symptomatic of an overall polarization of motorized versus non-motorized communities. These are emotional issues that cannot be resolved with an ordinance - they must be resolved by the community itself.
4. Did the committee include all points of view before making its recommendation?
Again, the committee was asked to address the environmental and safety issues surrounding ATV use on county roads, which it has done, working with pertinent county staff-Sheriff Mark Falk, County Engineer Chuck Schmit, County Maintenance Supervisor Bill Parish, Land Commissioner Ted Mershon and County Attorney Bill Hennessy. ATV representative John McClure (ATV Club member Chuck Silence was added as an alternate at a later county board meeting) was included because of familiarity with MN State Statutes pertaining to ATVs and knowledge of ATV specifications.
This committee was established in an open, regularly scheduled, county board meeting which was reported on in the official county newspaper, the Cook County Star on March 6, 2006. Any member of the public who wanted to be involved had the right and/or opportunity to ask to be included.
5. Does the county need more legal advice?
County Attorney Bill Hennessy drafted the ordinance after sitting on the ATV committee for nearly a year. After his retirement, the ordinance was scrutinized by new County Attorney Tim Scannell.
6. Does Cook County have financial liability if accidents can be related to this ordinance?
County Attorney Bill Hennessy informed the committee that the operator of the ATV bears the burden of liability, just as the operator of a car, bicycle, snowmobile, or horseback rider does. Hennessy said if an accident occurred, the county could only be found liable if it was found to have been negligent. There have been numerous accidents, some resulting in fatalities, on county roads in Cook County involving bicyclists, horses, snowmobiles, and cars. The county was not liable for any of those accidents, as it would not be responsible for an ATV accident, should one occur.
7. Are the ATV’s built to ride safely on flat road tops or paved surfaces?
ATVs can be hazardous to drive on any surface if proper safety precautions are not followed. ATV operators bear the responsibility of knowing their machines and driving attentively. To increase the safety of ATVers and other vehicles on county roads, the committee agreed to enact a maximum speed limit of 30-mph.
8. Should night riding be excluded?
The intent of the committee was to make the Cook County ATV ordinance consistent with the MN Statute governing ATV use. MN Statute 84.938. Subdivision 1. Operation on roads and rights-of-way, class 1 vehicles (h) states: A person shall not operate a class 1 all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
The committee’s interpretation of MN Statute 84.938. Subdiv 1 (h) is that ATVs can travel in evening and night hours, as long as they are riding on the right-hand side of the road, in the same direction as highway traffic. Subdiv 1 (h) pertains specifically to ATVs riding in the ditch. If an ATV was traveling in the ditch, it would be possible to drive in the opposite direction of vehicle traffic. The Cook County ordinance would remove ATVs from the ditch entirely. ATVs will be riding on the right-hand side of the road, in the same direction of all other traffic.
In addition, safety of night travel is further increased by the requirements of MN Statute 84.938. Subdiv 2 (3) which states that a person may not drive or operate an all-terrain vehicle without a headlight or taillight lighted at all times if the vehicle is equipped with headlight or taillight (4) without a functioning stoplight if so equipped.
9. What is the appropriate speed limit?
MN State Statutes and/or the MN DNR OHV operator handbook do not provide specific speed guidelines, as noted below:
MN State Statute 84.928. Sub. 2 Operation generally. A person may not drive or operate an all-terrain vehicle (1) at a rate of speed greater than reasonable or proper under the surrounding circumstances.
The Minnesota Department of Natural Resources Off-Highway Vehicles Regulations 2006-07 handbook states: You may not operate an off-highway vehicle at a speed greater than is reasonable under all of the surrounding circumstances or greater than the posted speed limit on any public lands, waters, trails, or public road rights-of-way.
However, the committee agreed to enact a 30-mph speed limit, which is reasonable and appropriate.
10. Can we have different speed limits for different types of vehicles on the same roads?
The Cook County Highway Department provided Traffic Surveillance Data, documenting the average daily travel (ADT) on county roads. The data reflects generally low traffic volume on county roads. The consensus of the committee is that mixed use is generally suitable on county roads, because of the low traffic volume. The committee also noted that different speeds are already allowed on county roads. Cars, delivery vehicles, recreational vehicles, heavy equipment, road maintenance vehicles, bicycles and equestrians all travel at different speeds.
11. Has public health, safety, and welfare been adequately addressed?
The committee has spent nearly a year researching these issues, and its consensus is yes.
12. Have ordinances from other counties been examined?
The committee relied generally on the MN State Statutes; however it did contact two Minnesota counties that have enacted ordinances removing ATV traffic from ditches onto the road bed, Marshall and Pennington Counties. Two other counties, Roseau and Crow Wing Counties also have enacted similar ordinances.
Marshall and Pennington Counties enacted their ordinance “consistent with State Statutes and to provide for the health, safety, and welfare of its citizens, and to ensure the integrity of roads and ditches falling under the jurisdiction of Marshall County, this ordinance is enacted to regulate the use of all-terrain vehicles on county state aid highways and county roads within certain portions of the County.”
13. How well are ordinances working in other counties?
The committee did not research the effectiveness of ordinances in other counties. The committee agreed that because of the unique characteristics of Cook County (low average daily traffic, existing mixed use), it would be difficult to make a comparison with what happens in other counties.
14. If public safety becomes an issue, will we be required to provide a safer alternative ATV path along the right-of-way?
MN State Statutes do not require a county to provide a safe path in the road right-of-way. However, the county does have the authority to allow ATV traffic on its roads. Because the committee is concerned about the health and welfare of the general public it endorses an ordinance moving ATV traffic from ditches to the roadbed.
15. Will property values be affected?
There is no evidence that property values would be affected, either negatively or positively. An ATV enthusiast who purchased a home on a county road would probably feel that the ordinance increased his or her property value. A person who preferred not to see ATVs on a county road would feel that his or her property had been decreased by the ordinance. The committee agreed that how ATVs on county roads is viewed by property owners depends on their own perspective.
16. Will we need to require insurance coverage?
To be consistent with State Statutes, the Cook County ATV ordinance does not require that ATVs be insured. While the committee agrees it is advisable to ensure any vehicle, it also agrees that the same rules should be applied to ATVs as to snowmobiles.
P The Cook County ATV Club passed a motion at its February 12 meeting to seek legislation requiring any ATV operated on a public roadway to carry liability insurance. If you’d like to know how you can help us get this legislation passed, contact us at loonybin1314@msn.com.
17. Will this ordinance, as presented, adequately address these questions?
The consensus of the committee is that it has conducted adequate research for the enactment of the Cook County Ordinance for the Management of All-Terrain Vehicles within the Public Right-of-Way of County Roads.
18. Will moving ATVs out of the ditches to county roadsides make Cook County an ‘ATV destination’?
There is no evidence that creating this ordinance will impact the number of ATVs currently traveling in Cook County. However, it is highly unlikely that an ATVer will travel hundreds of miles just to ride on a county road when there are areas that have actual ATV trails, such as the Gilbert OHV Park or the trail networks in Wisconsin and Michigan.
19. The Minnesota DNR and Forest Service are working on Forest Travel Management plans. Why can’t Cook County just wait until these plans are completed?
The best case scenario for these plans to be implemented is sometime in 2008. The Cook County ATV Club would like to see some riding options for its members in this riding season. Also, the DNR and Forest Service plans will provide some new riding opportunities, the majority of riding in Cook County at this time is by local residents and/or cabin owners traveling from point A to point B (house to house, to work, to fishing hole).
20. Will this ordinance lead to an OHV Park or Scramble Area in Cook County?
The MN DNR and the US Forest Service have both stated that they will not authorize an OHV Park on state or federal land. The Cook County ATV Club continues to pursue the establishment of a small scale “scramble area,” possibly a depleted gravel pit, where rowdy teens could go ride dirt bikes. The club has not been successful in finding a location, and this is not a high priority for most of the membership. This would not be an advertised recreation area, just a place for local riders to ride.
Have question we haven’t answered or concerns we haven’t addressed?
Please drop us an e-mail and we’ll do our best to answer - loonybin1314@msn.com
Cook County Ordinance for the Management of All-Terrain Vehicles
Within the Public Right-of-Way of County Roads.
The following list was drafted at the beginning of the ATV ordinance process (in 2006). Some of the information has changed (such as the information about insurance - anyone riding in the road right-of-way IS REQUIRED to have liability insurance)
1. Is safety adequately addressed in the ordinance?
The safety standards for all-terrain vehicles are sufficiently addressed in MN State Statute 84.928. The county’s ATV committee agreed that it should not deviate from the State Statute, as this could cause confusion. The only difference between the State Statute and the County ordinance is the imposition of a specific speed limit of 30-mph. The only reference to speed in the State Statute is in: 84.928. Sub. 2 Operation generally. A person may not drive or operate an all-terrain vehicle (1) at a rate of speed greater than reasonable or proper under the surrounding circumstances.
The county ordinance clearly states that 30-mph is a reasonable and proper speed limit.
2. Economics. Will this ordinance enhance the local economy or reduce it?
There is no evidence that the ordinance will impact the economy of Cook County at all. Although the committee considered the position of some business owners that the use of ATVs on county roads could deter their guests from coming to Cook County, there is no evidence to support this theory.
There is evidence that if ambitious marketing was undertaken, ATVs could enhance the county’s economy. The All-terrain Vehicles in Minnesota: Economic impact and consumer profile conducted by the University of Minnesota Tourism Center, found that the state of Minnesota sees a Total Gross State Product of $796 million to $1,043 million from ATV related expenditures. However, local tourism entities have made it abundantly clear that they do not necessarily want ATV business. There are no plans for any marketing to ATVs now, or in the future. ATV riders will continue to be local riders and seasonal visitors who bring their ATVs with them.
3. How would this ordinance affect harmony or conflict within the community?
The committee was asked to address the environmental and safety issues surrounding ATV use on county roads, which it has done. ‘Harmony and conflict’ over ATVs is symptomatic of an overall polarization of motorized versus non-motorized communities. These are emotional issues that cannot be resolved with an ordinance - they must be resolved by the community itself.
4. Did the committee include all points of view before making its recommendation?
Again, the committee was asked to address the environmental and safety issues surrounding ATV use on county roads, which it has done, working with pertinent county staff-Sheriff Mark Falk, County Engineer Chuck Schmit, County Maintenance Supervisor Bill Parish, Land Commissioner Ted Mershon and County Attorney Bill Hennessy. ATV representative John McClure (ATV Club member Chuck Silence was added as an alternate at a later county board meeting) was included because of familiarity with MN State Statutes pertaining to ATVs and knowledge of ATV specifications.
This committee was established in an open, regularly scheduled, county board meeting which was reported on in the official county newspaper, the Cook County Star on March 6, 2006. Any member of the public who wanted to be involved had the right and/or opportunity to ask to be included.
5. Does the county need more legal advice?
County Attorney Bill Hennessy drafted the ordinance after sitting on the ATV committee for nearly a year. After his retirement, the ordinance was scrutinized by new County Attorney Tim Scannell.
6. Does Cook County have financial liability if accidents can be related to this ordinance?
County Attorney Bill Hennessy informed the committee that the operator of the ATV bears the burden of liability, just as the operator of a car, bicycle, snowmobile, or horseback rider does. Hennessy said if an accident occurred, the county could only be found liable if it was found to have been negligent. There have been numerous accidents, some resulting in fatalities, on county roads in Cook County involving bicyclists, horses, snowmobiles, and cars. The county was not liable for any of those accidents, as it would not be responsible for an ATV accident, should one occur.
7. Are the ATV’s built to ride safely on flat road tops or paved surfaces?
ATVs can be hazardous to drive on any surface if proper safety precautions are not followed. ATV operators bear the responsibility of knowing their machines and driving attentively. To increase the safety of ATVers and other vehicles on county roads, the committee agreed to enact a maximum speed limit of 30-mph.
8. Should night riding be excluded?
The intent of the committee was to make the Cook County ATV ordinance consistent with the MN Statute governing ATV use. MN Statute 84.938. Subdivision 1. Operation on roads and rights-of-way, class 1 vehicles (h) states: A person shall not operate a class 1 all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
The committee’s interpretation of MN Statute 84.938. Subdiv 1 (h) is that ATVs can travel in evening and night hours, as long as they are riding on the right-hand side of the road, in the same direction as highway traffic. Subdiv 1 (h) pertains specifically to ATVs riding in the ditch. If an ATV was traveling in the ditch, it would be possible to drive in the opposite direction of vehicle traffic. The Cook County ordinance would remove ATVs from the ditch entirely. ATVs will be riding on the right-hand side of the road, in the same direction of all other traffic.
In addition, safety of night travel is further increased by the requirements of MN Statute 84.938. Subdiv 2 (3) which states that a person may not drive or operate an all-terrain vehicle without a headlight or taillight lighted at all times if the vehicle is equipped with headlight or taillight (4) without a functioning stoplight if so equipped.
9. What is the appropriate speed limit?
MN State Statutes and/or the MN DNR OHV operator handbook do not provide specific speed guidelines, as noted below:
MN State Statute 84.928. Sub. 2 Operation generally. A person may not drive or operate an all-terrain vehicle (1) at a rate of speed greater than reasonable or proper under the surrounding circumstances.
The Minnesota Department of Natural Resources Off-Highway Vehicles Regulations 2006-07 handbook states: You may not operate an off-highway vehicle at a speed greater than is reasonable under all of the surrounding circumstances or greater than the posted speed limit on any public lands, waters, trails, or public road rights-of-way.
However, the committee agreed to enact a 30-mph speed limit, which is reasonable and appropriate.
10. Can we have different speed limits for different types of vehicles on the same roads?
The Cook County Highway Department provided Traffic Surveillance Data, documenting the average daily travel (ADT) on county roads. The data reflects generally low traffic volume on county roads. The consensus of the committee is that mixed use is generally suitable on county roads, because of the low traffic volume. The committee also noted that different speeds are already allowed on county roads. Cars, delivery vehicles, recreational vehicles, heavy equipment, road maintenance vehicles, bicycles and equestrians all travel at different speeds.
11. Has public health, safety, and welfare been adequately addressed?
The committee has spent nearly a year researching these issues, and its consensus is yes.
12. Have ordinances from other counties been examined?
The committee relied generally on the MN State Statutes; however it did contact two Minnesota counties that have enacted ordinances removing ATV traffic from ditches onto the road bed, Marshall and Pennington Counties. Two other counties, Roseau and Crow Wing Counties also have enacted similar ordinances.
Marshall and Pennington Counties enacted their ordinance “consistent with State Statutes and to provide for the health, safety, and welfare of its citizens, and to ensure the integrity of roads and ditches falling under the jurisdiction of Marshall County, this ordinance is enacted to regulate the use of all-terrain vehicles on county state aid highways and county roads within certain portions of the County.”
13. How well are ordinances working in other counties?
The committee did not research the effectiveness of ordinances in other counties. The committee agreed that because of the unique characteristics of Cook County (low average daily traffic, existing mixed use), it would be difficult to make a comparison with what happens in other counties.
14. If public safety becomes an issue, will we be required to provide a safer alternative ATV path along the right-of-way?
MN State Statutes do not require a county to provide a safe path in the road right-of-way. However, the county does have the authority to allow ATV traffic on its roads. Because the committee is concerned about the health and welfare of the general public it endorses an ordinance moving ATV traffic from ditches to the roadbed.
15. Will property values be affected?
There is no evidence that property values would be affected, either negatively or positively. An ATV enthusiast who purchased a home on a county road would probably feel that the ordinance increased his or her property value. A person who preferred not to see ATVs on a county road would feel that his or her property had been decreased by the ordinance. The committee agreed that how ATVs on county roads is viewed by property owners depends on their own perspective.
16. Will we need to require insurance coverage?
To be consistent with State Statutes, the Cook County ATV ordinance does not require that ATVs be insured. While the committee agrees it is advisable to ensure any vehicle, it also agrees that the same rules should be applied to ATVs as to snowmobiles.
P The Cook County ATV Club passed a motion at its February 12 meeting to seek legislation requiring any ATV operated on a public roadway to carry liability insurance. If you’d like to know how you can help us get this legislation passed, contact us at loonybin1314@msn.com.
17. Will this ordinance, as presented, adequately address these questions?
The consensus of the committee is that it has conducted adequate research for the enactment of the Cook County Ordinance for the Management of All-Terrain Vehicles within the Public Right-of-Way of County Roads.
18. Will moving ATVs out of the ditches to county roadsides make Cook County an ‘ATV destination’?
There is no evidence that creating this ordinance will impact the number of ATVs currently traveling in Cook County. However, it is highly unlikely that an ATVer will travel hundreds of miles just to ride on a county road when there are areas that have actual ATV trails, such as the Gilbert OHV Park or the trail networks in Wisconsin and Michigan.
19. The Minnesota DNR and Forest Service are working on Forest Travel Management plans. Why can’t Cook County just wait until these plans are completed?
The best case scenario for these plans to be implemented is sometime in 2008. The Cook County ATV Club would like to see some riding options for its members in this riding season. Also, the DNR and Forest Service plans will provide some new riding opportunities, the majority of riding in Cook County at this time is by local residents and/or cabin owners traveling from point A to point B (house to house, to work, to fishing hole).
20. Will this ordinance lead to an OHV Park or Scramble Area in Cook County?
The MN DNR and the US Forest Service have both stated that they will not authorize an OHV Park on state or federal land. The Cook County ATV Club continues to pursue the establishment of a small scale “scramble area,” possibly a depleted gravel pit, where rowdy teens could go ride dirt bikes. The club has not been successful in finding a location, and this is not a high priority for most of the membership. This would not be an advertised recreation area, just a place for local riders to ride.
Have question we haven’t answered or concerns we haven’t addressed?
Please drop us an e-mail and we’ll do our best to answer - loonybin1314@msn.com