Messages

I wish the manufactures would produce a street legal ATV. Then it would have a tag, insurance, and a licensed rider on it. Everyone could just ride to the track or mud.

[317.0003 Definitions]

The state defines an ATV as below:

317.0003  Definitions.--As used in this chapter, the term:

(1)  "ATV" means any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger.

As a law enforcement officer who enforces ATV laws, I can tell you it's not possible to make an ATV street legal in this state. Adding turn signals, rear view mirrors and changing tires/rims does not change the fact of what the vehicle is designed for, which is clearly stated in the legal description and the vehicle's title.

Used as a farm implement, the vehicle must be actively used for agricultural purposes during daylight hours on, or travelling to another Ag property. It must be equipped with a slow moving triangle and have proper lighting and reflectors.

Those counties that didn't opt out of 316.2123(1) allow ATV operation on unpaved public roads during daylight hours, as long as you register your ATV and have the registration decal displayed.

The state website, floridaohv.org , can answer most of your questions and it's right from the horse's mouth, not just someone's opinion.

I was also asked about law enforcement being able to ride on public roads, so included the below:

316.21265  Use of all-terrain vehicles, golf carts, low-speed vehicles, or utility vehicles by law enforcement agencies.--

(1)  Notwithstanding any provision of law to the contrary, any law enforcement agency in this state may operate all-terrain vehicles as defined in s. 316.2074, golf carts as defined in s. 320.01(22), low-speed vehicles as defined in s. 320.01(42), or utility vehicles as defined in s. 320.01(43) on any street, road, or highway in this state while carrying out its official duties.

(2)  Such vehicles must be clearly marked as vehicles of a law enforcement agency and may be equipped with special warning lights, signaling devices, or other equipment approved or authorized for use on law enforcement vehicles.

(3)  The vehicle operator and passengers must wear safety gear, such as helmets, which is ordinarily required for use by operators or passengers on such vehicles.

I agree Backwoods, I'm glad the statute of limitations ran out on the stuff I did. As for the "strobe" situation, it would have been unethical for me not to check with my counterparts in Broward and Metro-Dade. The good news is, I've heard back from both of them and no complaints were received as of 11pm. Case closed........

I just hope everyone understands I don't log in and post to stir things up. I do so only when I see something that needs to be addressed before it gets bad. If you review my posts, you'll find I try to do the right thing for riders and law enforcement alike. So if I mention something about not riding in a certain area, chances are I know the area is being actively patrolled. Those on this site I've met can attest to that.......So if I give you a heads up on where not to ride, and no one shows up there, it's a win-win situation.

Rebel,

I understand what your saying, But part of my job involves website investigations. I get paid to be on this site. If I can prevent a felony from occuring by typing a few words, I've done my job. No one gets arrested, hurt, or loses a vehicle. As for forwarding the information for a serious offense, thats my job. My prediction is, if no further "strobe pulling people over" violations take place, no one has anything to worry about. Just understand, people freak out when it gets out that someone is impersonating out there. It makes my job much more dangerous and people are afraid to stop when legally signaled to. I have a specific interest in this site because I ride and raced motocross for 2 years. I overlook alot of things, and help out the sport when I can, but serious things I have to act on...........

Glad to see some people understand I'm trying to help a fellow rider, along with making my job a little easier.....Even if it's only one less report. Can you imagine how it would look if someone was stopped doing this with a quad in the back of their truck??? This sport gets beat up enough as it is.....

It does concern me.....As for holding up in court, we work online/computer cases all day on sex crimes.....This one would be easy compared to those. Crime prevention is my goal here, nothing more. Anyone who thinks having fun relates to impersonating a law enforcement is part of the problem, not the solution.....

Rebel,
Seems my job never ends......If my post prevents someone from this sport from getting charged with a felony and the loss of their vehicle, it's worth your comment.

[843.08 Falsely personating officer, etc]

300 quadrunner,

I hope you understand this is a public forum. You basically documented the fact that you commited a felony by activating your strobes on a public roadway and caused traffic to alter direction. I suggest you remove the strobes before your stopped. I also forwarded this to BSO and Metro-Dade so they can follow up on any complaints. Your vehicle is described on your posts, along with others thinking of doing the same thing. I suggest spending the money on your quad, not illegal lighting. Please review the below. I'm telling you this so everyone can prevent any jail time and the forfeiture of their vehicle if caught. Some laws that get fractured aren't really a big deal, but this one is.......





316.2397  Certain lights prohibited; exceptions.--

(1)  No person shall drive or move or cause to be moved any vehicle or equipment upon any highway within this state with any lamp or device thereon showing or displaying a red or blue light visible from directly in front thereof except for certain vehicles hereinafter provided.

(2)  It is expressly prohibited for any vehicle or equipment, except police vehicles, to show or display blue lights. However, vehicles owned, operated, or leased by the Department of Corrections may show or display blue lights when responding to emergencies.



843.081  Prohibited use of certain lights; penalty.--

(1)  The Legislature finds and declares that Florida's citizens are vulnerable to becoming the victims of criminal acts through the illegal use of blue lights by the criminal elements. It is the intent of the Legislature to reduce this vulnerability to injury and loss of life and property by prohibiting the use of certain blue lights by any person other than an authorized law enforcement officer.

(2)  It is unlawful for a person to use in or on any nongovernmentally owned vehicle or vessel any flashing or rotating blue light unless such person is a law enforcement officer employed by a federal, state, county, or city law enforcement agency or is a person appointed by the Governor pursuant to chapter 354.

(3)  The provisions of this section shall not apply to salespersons, service representatives, or other employees of businesses licensed to sell or repair law enforcement equipment.

(4)  For the purposes of this section, the term "flashing or rotating blue light" includes all forms of lights which display a blue light source or which were designed with the intent of displaying a blue light source whether or not such light is actually in use.

(5)  Any person who violates any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.



843.08  Falsely personating officer, etc.--A person who falsely assumes or pretends to be a sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, officer of the Department of Environmental Protection, officer of the Department of Transportation, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Parole Commission and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; however, a person who falsely personates any such officer during the course of the commission of a felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; except that if the commission of the felony results in the death or personal injury of another human being, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Dirtycruiser,
I've never heard of a "partial opt-out." Counties that opt-out do so completely, including all cities within the county. ATVs are OHV registered for identity/ownership purposes only and allows for use on approved public lands and unpaved roads in Non-Opt Out counties. Side-by-sides are prohibited on all public roadways, the violation being an unregistered motor vehicle, meaning no license tag or insurance.
Tater,
The side-by-sides, such as Polaris Rangers and Yamaha Rhinos are classified as recreational Off-Highway Vehicles, not ATVs, per 317.0003. When they mention "2-seater ATVs" they are referring to the Can Am and others designed to carry an operator and passenger. Side-by-sides are currently allowed in the Corbett WMA because of this distinction, such as wheelbase and use of a steering wheel to turn and not straddled.

Now that school is out and summer is here, please remember to ride safe and responsibly. I would also like to remind everyone PBC opted out of 316.2123(1) on February 27, 2007, which means riding on unpaved (dirt) roads is prohibited. I stopped a number of riders today who were unaware of the opt out, or were visting from counties that haven't opted out......Thanks

Papahouse,
In a perfect world, you are 100% correct. Any time I encounter a horse while patrolling on the ATV, I pull to the side, park and shut off the engine. Not once have I had a negative interaction with the horse or rider. I often see trainers using golfcarts or ATVs to exercise the horses. The problems arise in equestrian areas when ATVs ride on narrow horse trails or roadways. We've had ATV/horse collisions, riders thrown, injuries and numerous complaints. At times, it seems like it's "Horses vs. Horsepower" around here. If everyone was courteous and gave the right-of-way to an approaching horse, my comment would be completely wrong. Sadly this is not always the case. I've attended several equestrian meetings to address ATV issues and got hammered about the lack of enforcement.

Thanks for the support AintSkeered and Tripyn, But please don't waste your time mixing words with sbripple. After all, he has it all figured out. Life just wouldn't be the same if such a person didn't exist somewhere in the family tree or at the workplace. What's worse, is he is 100% correct about everything. My price: a Starbucks Caramel Apple Cider.....Unless you have one for me when stopped, I tow your quad and issue a $500 fine.....

[316.073]

JackL,
Horses are allowed on the roadways, shoulder and sidewalks. While swales aren't mentioned, they are considered part of the right-of-way. The laws applicable to vehicles and pedestrians also apply to them. As horses were a primary mode of transportation at one time, history has granted them roadway access.

316.073  Applicability to animals and animal-drawn vehicles.--Every person driving an animal-drawn vehicle upon a roadway is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application. The provisions of this chapter applicable to pedestrians, with the exception of s. 316.130(3), apply to any person riding or leading an animal upon a roadway or the shoulder thereof.

316.0825  Vehicle approaching an animal.--Every person operating a motor vehicle shall use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof, and shall not intentionally startle or injure such an animal. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. $120.50 fine 3 points

AintSkeered,
Actually, the citizens are sleeping better at night here because we've reduced the number of violators riding in residential neighborhoods at 2am with loud exhausts. One thing you have to consider, PBC is the biggest county in the state. While ATV sales are high here, most people here do not own ATVs. Our biggest problem is we have large residential communities with dirt roads. Most of these are equestrian communties and I can tell you, horses and ATVs don't mix well. The equestrians are well organized and financed. Not many people enjoy being awakened at 2am by a loud ATV illegally riding along the canal bank behind their house. Many residents tried putting fences along the canal banks, only to have ATVers knock down the fence and give them a "lawn job" for their troubles. We had serious problems here which needed serious attention. Sadly, the violators ruined it for those who were doing the right thing with their families and friends.

[$ 120.50 fine, 3 points on D/L]

It is unlawful to ride on the sides of the road, which includes the sidewalks and swales. As for riding on the paved roads, there are to many violations to list, but I'm sure it evens out with the $500 fine if all were written. Avoiding roads all together is the safest bet. PBC chose to maximize the fine to $500 so the ordinance would be taken seriously. Seems no one minds shelling out $50 when finally caught after many "successful" outtings. $500 is a different story. Citizen complaints have dropped considerably since the enforcement began, so it's working in this county. Complaining to me about it doesn't accomplish anything, as I don't make the rules, I just enforce them.


316.003  Definitions.--

(47)  SIDEWALK.--That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

(53)  STREET OR HIGHWAY.-- (a)  The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic

316.1995  Driving upon sidewalk or bicycle path.--No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.  $ 120.50 fine, 3 points on D/L


316.2074  All-terrain vehicles.--

(1)  It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.

(2)  As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. For the purposes of this section, "all-terrain vehicle" also includes any "two-rider ATV" as defined in s. 317.0003.

(3)  No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection. $ 76.50 Fine

(4)  If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.

(5)  Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency. $ 76.50 Fine

(6)  An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.

(7)  An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.

(8  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

I thank Tripyn for seeing the big picture. My presence here is to help the sport, and promote public safety, nothing more. I've pulled over at least 15 ATV's in the past 2 days. I issued each rider a written warning or in some cases, a verbal warning when I was tired of writing. I educated everyone on the the new PBC ordinance and legal riding areas in the county(that takes 2 seconds). I also give them this website so they can join in on group rides and learn more about local and distant riding areas. It takes more effort for me to write out a warning ticket than issue a uniform traffic citation. I have a computerized ticket system where all I have to do is swipe a D/L through it and click on the violation and it's printed in seconds. I was born and raised in PBC and have been riding since I was 10. It's ironic, that the areas I once rode in I now patrol. Sadly, PBC is not what it used to be and the riding areas are all gone. The Holey Land and Rotenberger WMAs are all that's left in the county. Underhills/Bamboo is nearby. Those who trailer usually won't get to meet me, but those who choose to continue to ride on the roadways and/or trespass in the natural areas will at some point. As for the donuts, I prefer the Starbucks caramel apple cider.....

I've been getting numerous questions about PBC opting out and the new ATV Ordinance. On Feb 27th, 2007, the PBC Board of County Commissioners voted 7-0 to opt out of FS 316.2123(1). At the same time, the BCC approved PBC Ordinance No. 2007-002, "All Terrain Vehicle (ATV) Operation On Unpaved Roadways."The ordinance states "ATVs may not be operated during anytime of the day or night on an unpaved roadway within Palm Beach County." Any violation of this ordinance is a civil infraction and shall be punishable by a fine of $500.00 dollars. Please spread the word so use of this ordinance can be minimized....Thanks

[ATV sparks 15-acre brush fire in Loxahatchee]

http://www.palmbeachpost.com/localnews/content/local_news/epaper/2007/04/02/0402brushfire.html

ATV sparks 15-acre brush fire in Loxahatchee

By Kelly Wolfe

Palm Beach Post Staff Writer

Monday, April 02, 2007

LOXAHATCHEE — Investigators said an ATV sparked a brush fire that burned roughly 15 acres at Marshall Drive and Cole Lane this afternoon. The blaze also destroyed a shed.

No one was injured and no homes were harmed by the blaze, which was under control by about 5:30 p.m.

Palm Beach County Fire Rescue received the call about the fire at about 3:30 p.m. The caller said a ride on an ATV produced a spark that caused the fire.

Capt. Don DeLucia, spokesman for Palm Beach County Fire Rescue, said any combustible engine will produce sparks. But ATVs are usually equipped with a spark arrester inside the muffler, DeLucia said.

If the ATV is old, or the spark arrester has been removed, sparks will fly from the muffler and could, especially during Florida's dry season, spark a brush fire.

"We're not encouraging ATVs right now," DeLucia said. "Today was a perfect example."

About 35 people - which included crews from Palm Beach County Fire Rescue and the Division of Forestry - worked to put out the blaze, DeLucia said.

MATT1969,
Only the 441 extension is going through that area. A berm and fence is also going in to help keep wildlife from going into the road. I'm not used to seeing this area in it's current condition.......

Articcat,
I wish your solution was that simple. PBSO is making an effort to catch violators, but to no avail. Since Oct 1 when the new law went into effect, complaints and violations went off the charts. Many of the violators I've ticketed aren't on this website and have little regard for the law or respect for fellow citizens. Their attitude is, "I bought it and will ride where ever I want, when ever I want because I have rights." The Acreage/Loxahatchee is a major problem area. These riders drive over fences, tear down signs and ride at all times of the night. Most residents have tried lawfully fencing off the canal banks on their property, only to have a violator run it down at 2am and run through their yard. Most flee from deputies when they try to stop them. The general public is fed up and took it up with the county commission. I had one lady tell me she had more respect for drug dealers than ATV riders. She said "Drug dealers stay in their turf and are not racing through my yard waking me up at all times of the night! This is my yard and these thugs violated my personal space!" This is only a sample of the complaints we hear. Others have threaten to shoot at riders or string cables across trails. The other problem is, most ATV riders on this site complain about the lack of riding areas. I can tell you, having riding areas doesn't always solve the problem. It may reduce it some, but most of the violators my unit has stopped said they want to ride out of their front yards and have no desire to load up their ATV and take it anywhere. It wouldn't matter if we opened up the JW Corbett WMA to ATVs or made Mecca Farms into an OHV park. Because of how this area is laid out, any canal bank or vacant field becomes a riding area because it's closer than a sanctioned riding area. Underhills is only about 45minutes from Loxahatchee and even closer for those in Jupiter Farms. This is not a Palm Beach County problem, it's a statewide problem. Some areas are simply not conducive for ATV operation. I wish I had better news. I grew up riding in this county until it turned into a "city." I now patrol some of the very areas I used to go mudding in. I constantly hear, "I've been riding here for 20 years....." Seems the only "permanent" thing in life is "change."

I would like to know more about the law regarding the tax collected for the titling. If someone has a link, please send it, as I would like to have a better understanding of it. As I currently understand it, it's a STATE tax, not a county tax. The STATE has provided riding areas where it feasibly can. I don't think the county is obligated to provide riding areas. If thats not the case, the STATE or COUNTY would have to provide snow if someone bought a snowmobile. Operating a motor vehicle on public roads and lands is a PRIVILAGE, not a RIGHT. The county commission and law enforcement has to look at the big picture, not just yours. If you have 100 people complaining about the lack of riding areas, and 1000 people complaining about reckless ATV operation, the math is easy to compute. Just providing riding areas doesn't solve the problem. There are legal riding areas no more than 45 minutes from Loxahatchee and Jupiter Farms. Yet, riders choose to cut fences and trespass on private property and natural areas. Most I've stopped said they don't feel like trailering to a legal area and would rather ride out of their front yard. Owning an ATV is no different than owning a boat or a gun. It has to be transported to a safe, suitable and legal location for use. It's that simple......The county isn't going to provide a canal system to navigate a boat from your front yard and you can't just stand in your front yard and fire a gun in all directions. Those who choose not to accept this only make things more difficult for those trying to do the right thing. As violations continue to rise, more and more counties will opt out and the view of the ATV community in the eyes of the general public and law enforcement will diminish.

Bushwacker,
I'm not sure where your getting your information. Those who complained to us were told to contact the county commission. We just printed up 1000 OHV brochures outlining the new law and were giving them out at the fair. With education and enforcement, we had hoped to avoid this. Unfortunately, Violations were getting out of control in areas such as The Acreage and unincorporated Lake Worth and Boynton Beach. Rider's were driving through people's yards, paved roads, sidewalks, golf courses, equestrian areas, parks, ect.... Rather than blame the county, blame those who caused this to happen. As for the titling it's needed either way to operate on public lands in the state. It's mostly for the easy determination of ownership and helps us in recovering stolen quads and dirtbikes.

I can confirm, PBSO is receiving a very large number of complaints regarding ATV's and Dirtbike's. Related complaints regarding property damage, trespassing and noise have also drastically increased. Violations in the Natural Areas my unit patrols, especially around Jupiter Farms and The Acreage, has increased. PBSO had a recruiting booth set up at the South Florida Fair.To help promoting safe, responsible riding, we had one of our ATV's on display and handed out OHV and Titling brochures. A unit member usually manned the booth to answer questions. I met alot of good people who enjoy the sport and wanted to know how to ride legally and avoid complaints. Unfortunately, alot of the people who approached us wanted to know how to get us to patrol their neighborhood and criticized the new law. This is the first I've heard about the county exploring the opt out.

Check out the below links. The first covers traffic statutes, and the second off-road vehicle titling. Hopefully this will answer your questions.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0316/titl0316.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20316


http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0317/titl0317.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20317

The towers/squares, aka Hungryland Slough Natural Area, has changed quite a bit. The roads and canals have mostly been removed and it's a wetland now. Not sure if Seminole Pratt is still going through to Beeline, as I think that was in the Scripps plan. Time will tell....... I was hoping Mecca Farms would be considered for an OHV & Skate Park but I think I have a better chance of winning the lotto than that happening.