FairWarining Investigates

Despite High Death Toll, Push Is On To Open More Public Roads to ATVs

Last Mother’s Day, Jaret Graham, 14, climbed on the back of an all-terrain vehicle driven by his 12-year-old cousin. As they sped down a paved stretch of country road in west Texas, the 12-year-old lost control, went into a ditch and fell off the vehicle, injuring his leg. Jaret was thrown off and hit his head on a cattle guard, a barrier made from steel pipes. He died instantly.

ATV tragedies like these – on roadways, rather than trails — are widespread and have increased in recent years. The latest U.S. figures indicate that ATV crashes kill more than 700 people and injure 100,000 others every year, with nearly two-thirds of the fatal accidents occurring on public or private roads.

Photo by John Davis, courtesy of Aberdeen (S.D. ) American News

Photo by John Davis, courtesy of Aberdeen (S.D.) American News

The accidents keep happening even though all ATVs sold in the U.S. carry a warning label stating that the vehicles are not to be driven on the road: their high center of gravity and low-pressure tires mean they’re likely to tip over or go out of control on pavement. What’s more, the vehicles aren’t held to federal safety standards for cars and trucks, such as the requirement for seat belts, even though they can reach highway speeds.

Nevertheless, a push is under way in states, counties and towns across the country to open more roads to ATVs. In 2013 alone, three states passed laws giving authorities the power to open certain public roads to ATVs. Since the beginning of 2012, local governments in at least 18 more states have opened specified roads to ATVs or have considered such a move.

“We are moving backward on this issue,” said Rachel Weintraub, legislative director and senior counsel for the Consumer Federation of America.

While the Consumer Product Safety Commission regulates hazardous products and the National Highway Traffic Safety Administration oversees traffic safety, neither federal agency has authority over where people ride ATVs.

Meanwhile, news accounts provide a litany of deadly accidents:

  • In August, Andrea Allen, 22, was carrying three toddlers on an ATV in Center Point, Ind., when she veered off the pavement and went into a ditch. The vehicle caught fire, and Allen and two of the toddlers, one of whom was her son, died.
  • That same month, 11-year-old Chase Roush was killed when the ATV he was driving on a road in Racine, Ohio, crossed the center line and was hit by an oncoming car.
  • In October, Tony Stacy, 52, died near Bakersfield, Calif., when his ATV collided with a pickup truck.
  • The following week in North Plymouth, Mass., 25-year-old Joseph Vandini was killed when he lost control while driving an ATV. He crashed into a curb and a tree, and was thrown through a tattoo parlor’s plate glass window, causing fatal head injuries.

Safety advocates fear accidents such as these will become more common as efforts to open more paved surfaces to ATVs gain traction. Last summer, Washington State passed a law allowing ATVs on roads with a speed limit of 35 mph or lower in seven rural counties. The law also gave counties and municipalities in the rest of the state the power to decide whether to do the same. Now state lawmakers are considering a bill that would allow counties to also open roads with higher speed limits to ATVs.

Lawmakers in Missouri and Michigan in 2013 gave local governments similar discretion. An Iowa measure backed by riders groups that would have opened country roads across the state to ATVs stalled in committee but local initiatives are moving ahead. Local jurisdictions in Colorado, Georgia, Illinois, Indiana, Kansas, Maine, Minnesota, Nebraska, New Hampshire, New York, Nevada, Ohio, Oregon, Wisconsin, Utah, Vermont  and Virginia have considered or approved such actions since the beginning of 2012.

Tourist Draw?

“It’s a very unfortunate trend,” said Robert Adler, acting chairman of the federal Consumer Product Safety Commission, which is studying ATV safety with the aim of possibly writing new regulations governing design of the vehicles. ATVs are getting bigger and more powerful, he said, “taking a machine that is quite dangerous and increasing the hazards.”

ATV Deaths on Roads

Most states still prohibit ATVs from streets, often with exceptions for farmers or others who use ATVs for work or for riders of trails that cross roads. But riders groups and local ATV clubs have made headway by arguing that opening more roads to ATVs will draw tourists and provide local residents a cheap way to motor around.

Public health advocates say such moves undermine safety messages and confuse the public. “They think it will bring increased tourism revenue to various states and jurisdictions, but at what cost?” said Weintraub.

Rural Tippecanoe County, Ind., is considering opening more country roads to ATVs. Jay Jackson, executive director of American Bikers Aimed Toward Education (ABATE) Indiana, a motorcyclists’ rights group that also represents off-road riders, has spoken in favor of the measure. He said accidents often involve alcohol use or reckless riding, and that risks can be managed through education and regulations such as requiring driver’s licenses, as Indiana law does. “We’re not suggesting you see these in downtown Chicago driving around and mixing with taxis,” he said.

The companies that make the machines say they disagree. “Off highway vehicles are not designed to be ridden on roads,” said Paul Vitrano, executive vice president and general counsel for the Specialty Vehicle Institute of America, a trade group representing ATV manufacturers. Vitrano said his group “vigorously opposes” efforts to open roads to ATVs. However, the manufacturers want to remain on good terms with rider groups, and some critics have questioned how hard they try to discourage on-road use of ATVs.

Jaret Graham, 14, died in an on-road ATV accident in May 2013

Jaret Graham, 14, died in an on-road ATV accident in May 2013

Sue DeLoretto-Rabe, an Oregon resident who co-founded Concerned Families for ATV Safety after her young son died in an ATV crash, says the industry should be taking a more proactive stance against the new spate of laws. She was similarly disappointed when the industry stood by and let riders’ groups defeat a bill that would have banned kids under 12 from using ATVs in her state. “In reality, they’re all about selling ATVs,” she said.

The institute doesn’t have a lobbying budget that specifically targets the issue, but Vitrano said the organization often sends letters to lawmakers considering bills to open roads to ATVs, In Washington State last year, its lobbyist hand-delivered such letters.

In addition, the organization operates a nonprofit called the ATV Safety Institute, aimed at teaching safe riding, including staying off roads.

A recent study from Iowa suggests the safety message is not reaching riders. The Iowa ATV Injury Prevention Taskforce surveyed 4,300 kids between 2010 and 2012 and found 75 percent of those who had been on an ATV had ridden on public roads. “Somehow we’re failing to have them understand what’s safe and what’s not safe,” said Gerene Denning, a safety researcher at the University of Iowa who worked on the study.

Mixed Message

Rocky Graham, Jaret’s father, said he worries that opening roads to ATVs will put more kids in a risky situation that they don’t have the judgment to handle. “When your kid gets on that four-wheeler and you’re not around, if he’s 12 he’s going to think like a 12-year-old.”

ATVs are not designed for use on paved roads. Period. That’s just a fact.”

    — Russ Ehnes, executive director of the National Off-Highway Vehicle Conservation Council

Denning says ATV riders get mixed messages – on the one hand, riders are cautioned against high speeds, but some ATVs are made to reach 80 miles per hour. Even though ATVs, for safety reasons, are intended to carry a single rider, some have seats that can fit more than one person. While public health officials warn about riding on roads, some sheriff’s departments give it a green light.

And, within the broader community of ATV enthusiasts, differing factions send contradictory messages. One influential national group, the National Off-Highway Vehicle Conservation Council, a nonprofit that receives some funding from ATV manufacturers, appears to be adding to the confusion. The group, which promotes safe, responsible riding on public and private lands, officially opposes riding ATVs on roads. “ATVs are not designed for use on paved roads. Period. That’s just a fact,” said Russ Ehnes, the group’s executive director.

Yet records show that the organization’s board president, Dan Kleen, spoke in favor of Iowa’s bill to open more roads to ATVs in October. He appeared at a committee meeting of five senators and five representatives convened by the legislature to study the issue and make recommendations.

Ehnes said Kleen was not representing the NOHVCC when he made the statements. Kleen did not respond to repeated requests for comment. But the confusion doesn’t appear limited to Iowa. In Washington State, another person affiliated with NOHVCC, Gary Prewitt, testified in favor of opening more roads to ATV access last year. Prewitt is listed as a “state partner” on the NOHVCC website, but said that he did not represent the organization when advocating for the new law.

Deadly Crashes
Meanwhile, Rod Taylor, a lawyer who provides legal services to ABATE affiliates in Illinois, Indiana and Ohio, has laid out on his website a five-point strategy for getting counties to open their roads to ATVS. He recommended that advocates “preach the environmental benefits” and “note that constituents would save money by using their ATV to run to the grocery store instead of their trucks.”

We’re not suggesting you see these in downtown Chicago driving around and mixing with taxis.”

    — Jay Jackson, executive director of American Bikers Aimed Toward Education (ABATE) Indiana

Jackson, of ABATE Indiana, said he sees no harm in opening country roads to ATVs and suggested manufacturers’ warnings about riding on ATVs may be more about legal liability than physical safety. “We live in such a litigious society that everybody’s worried.” ATVs are plastered with warnings, he said, adding that “some of them are perhaps a little over the top.”

Meanwhile, some people advocating for changes in the law seem unaware that ATVs are unsafe to ride on paved streets. Jim Schuessler, the head of the Forest County (Wisc.) Economic Development Partnership, was one of a number of citizens involved in conversations that led his town, Townsend, to open municipal roads to ATVs a decade ago. Now, town residents use their ATVs all the time, to go to the local dump, the bank or to have lunch in town. He recently told a local paper that it was the best economic decision his town had made. But when asked by FairWarning whether he felt uncomfortable advocating something that manufacturers warn against, he replied: “I wasn’t aware of it.”

While saying it can’t prevent states and counties from opening roads to ATVs, the CPSC tries to educate consumers and lawmakers. “We talk to the states and the counties and we try to reinforce with them the dangers of changing their laws. They don’t always listen to us,” Adler said.

But, he said, “I’m just not sure the safety message standing alone with no other changes is sufficient. I think we have to talk to manufacturers about considering some redesign in the product.”

The agency has worked on a new ATV safety rule since 2006, and officials aren’t saying when it might be issued. Speaking hypothetically, Adler said the rule could bring changes that include redesigning seats to make it more difficult to carry passengers, making ATVs more stable or setting upper limits on the speeds ATVs can travel.

Graham still is haunted by the ATV accident that took the life of his son Jaret, whom he describes as a good kid and a promising baseball player. Graham says he hopes better law enforcement and other safety measures will spare other families the pain his family has suffered. “They say it gets better. No, it doesn’t get better,” he said. “I guess you just harden yourself and learn to live with it easier.”

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About the author

Bridget Huber is a FairWarning contributor.

16 comments to “Despite High Death Toll, Push Is On To Open More Public Roads to ATVs”

  1. Dee

    When it comes down to it is very simple,
    Yes, ATVs are fast and dangerous and why are children being allowed to ride by themselves its a shame. Why are there no regulations and tag requirements is hard to understand since people use it to travel in their neighborhoods and ride just like cars.
    On the other side of the subject I have to say how much fun and mind disconnecting it is to be on an ATV, we ride on parks that are allowed with safety requirements that have always keep us safe. My kids know that no driving under 16 is allowed plus I added a driver’s licence requirement on our bikes (if you can’t drive a car you shouldn’t be riding a bike).

  2. ATVs on Public Roads | Consumer Federation of America

    […] Bridget Huber, Despite High Death Toll, Push is On to Open More Public Roads to ATVs, Fair Warning, … […]

  3. Rob Meier

    This article is one – sided. How many children lose their lives is automotive accidents each year? Why were those numbers witheld? I’ll bet it is much higher than the atvs. So, why not outlaw all cars?

    Any life loss is a tragedy be it a child or adult. Allowing atvs on the roadways will no doubt add to our annual death toll,. however, I don’t believe it will be more than that of other automotive accidents.

    If atvs are allowed on roadways they should be held to the same laws as motorcycles: inspected, insured, licensed, and operated only by those with motorcycle drivers license.

  4. larry

    A push is on to make smaller cars but you don’t see safety groups wanting to ban these cars from the highways….

  5. Child #297845763

    I’m so tired of living in a world desiged for control freaks/children.

    It’s all you control freaks that start wars, brainwash others into thinking your utopian society is so wonderful (which it may be for a short time), tax and permit and regulate to the point of destruction etc…

    Ultimately your tyrannical ways only destroy freedom (which is the only thing that actually ensures the most possible security/safety), freewill, and the very heart and soul of what makes humans great.

    If you think you can create such a safe and wonderful utopia why don’t all of you move to an area where you all can attempt to out control freak each other willfully. That way you violent thugs can stop putting a gun to the head of those of us that don’t wish to go along with your lies/violence/deception/control to achieve this so called “glorious utopia” of yours!

  6. John Doe

    I have had an atv all my life. I was hit by a truck when I was 9 almost dieing . I accepted full responsibility for the accident, I didn’t blame anybody. Now as a young adult I have gained experience on my atv. Parents are responsible for their child’s deaths on atvs: not atv companies, not other riders, and not laws regarding atv safety. I would bet money for those who oppose to driving atvs on public roads don’t ride on a regular basis. In Ontario, Canada if you have a drivers license in most townships you can drive an atv on public roads. You need a id plate on the back of your atv ,helmet, and insurance. Canada makes tons of money off this, and the people are enlightened with this privilege. If your worried about you or your family being injured on public roads while riding an atv, stay the hell off the pavement and ride around your yard.

  7. Tom Budlong

    I tracked ATV deaths for a brief period and got essentially the same stats. The most tragic were children putting a sibling toddler on the rack in back. Lots of deaths were rollovers with the ATV landing on top and crushing the victim, and hitting trees after loosing control. The machines are seductive. The fun aspect lures you until you are riding on the edge without realizing it.

  8. Ascensores Jose Silva

    We used to ride our vehicles anywhere freely without thinking of the possible consequences. Unfortunately though these consequences may not be apparent at first glance, the statistics are responsible for reminding us.

  9. John Lambert

    The appalling aspect of this matter related to the to ATV use on sealed roads is that whilst the manufacturers may understand the reasons why they direct that these vehicles not be operated on public roads they are not transparent with the public about it. It is not primarily the high centre of mass of these units, nor is it primarily the low-pressure tires. It is primarily the fact that these units are mostly fitted with cheap front suspension arrangements comprising of a lower wishbone and a strut. The problem with this design is that it leads to bump steer, roll steer, and/or speed wobbles because the angle of the tyre alters as it moves up and down. So a situation occurs where the geometry of the steer axle suspension results in a feedback situation to the handlebars, and if the rider fights that feedback they can end up losing control and the unit rolling over. The cost of altering the front suspension design to make it a double wishbone arrangement thereby eliminating this unsatisfactory behaviour is small. But in the same way that the manufacturers refuse to alter other design aspects of these vehicles to make them safer, there is no sign that they will alter this aspect of the design

  10. Scott Felladore

    Wow, what a terrible article. ATV’s should never be on the road expect to cross when connecting trail sections. This article does not address the fact that public land needs to be opened for ATV use. Most states collect sales tax and then charge for registration but offer no place to ride. There is enough open space for ALL those that are hard working tax payers. Off road riding does much less damage to the environment than all the land that is cleared for the houses you live in, the golf courses you play on and the Walmarts and shopping centers you go to!!! Plus, where are these parents that let there kids ride these machines??

  11. William Slusher

    Ach. Make that: PARENTS, not patents.

  12. William Slusher

    ATTENTION PATENTS: It is YOUR job, not that of the ATV industry nor of legislators to keep underage, under qualified kids off roads and machines they are not safe to operate.

    In Washington state (your article misleadingly ignores), an ATV rider on a public highway must have the same driver’s license any car driver must have.

    A growing generation of boomers increasingly depend on our ATVs to farm, work, sport, and access our beautiful public lands. We should not be penalized for the deaths of kids on ATVs which deaths result not from the ATVs but from irresponsible parents failing to do their jobs.

  13. Vicki

    Just because people WANT something does not mean it’s logical to give it to them.

  14. Kate Badger

    Will this extended driving potential lead to more illegal access by these destructive machines on public and private lands that are undeveloped/ natural or even pristine?

    Where does parental responsibility to protect their children from harm enter the discussion? If we expect 12 year olds to operate large, powerful fast machines safely – and it is with the wink and nod of a parent that put them on these dangerous vehicles – who is responsible?

    At least, if they will be permitted such extensive access on public roadways, they ought to have license plates and identifiable registration numbers on all sides of the ATV so that those who ride illegally on private lands, can be apprehended, fined and hopefully jailed.

  15. Alan Gregory

    Americans, more every day, forget the simple pleasures of watching the world around them that come with walking,not motoring.

  16. stephen oesch

    Excellent article about a growing safety problems. Shows need to alert city and state policymakers about the adverse safety consequences of adopting laws to permit on-road use of ATVs.

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