MISSOULA - At a virtual public hearing Jan. 7, the Missoula County Commissioners unanimously voted to table a resolution outlining the need for safety while operating all-terrain vehicles (ATVs) until further discussions can take place among commissioners and dealers. If there are any modifications or amendments to it, a second hearing will be scheduled.
Missoula County Chief Administrative Officer Chris Lounsbury presented the resolution before the Commissioners. He said it came at the request of the Montana Association of Counties where it originated from the death of a Montana county commissioner’s granddaughter.
The proposed resolution encouraged and promoted safe use of ATVs especially by children as well as endorsed the following rules of the trail to help reduce ATV-related deaths and injuries:
• Do not drive ATVs on paved roads except to cross when done safely and permitted by law.
• Ride an ATV that’s right for your age. Do not allow a child under 16 to drive or ride an adult ATV.
• Supervise riders younger than 16.
• Never carry a passenger on a single-rider ATV.
• Never carry more than one passenger on an ATV specifically designed for two people.
• Never ride as a passenger on a single-rider ATV. Never ride as a second passenger on an ATV specifically designed for two people.
• Always wear a Department of Transportation compliant helmet and other protective gear such as goggles or other eye protection, over-the-ankle boots, gloves, long pants and long-sleeved shirts.
• Take a hands-on safety training course.
• Never ride under the influence of alcohol or drugs.
• Ride only on designated trails and at a safe speed.
Lounsbury acknowledged that there were several public comments made online and expected during the meeting. Many of them were concerned with the resolution changing or creating regulations. He said he wanted to make it known that the resolution does not change, modify or create any existing laws in place related to the use of ATVs.
“Like many of your resolutions, it simply seeks to call attention to the need for safe operations or to call out a specific thing that you believe should be brought to the public’s attention,” he said. “It again does not have the force of law so it’s not imposing anything. It’s just a safety practice that’s endorsed.”
Lounsbury then read an excerpt from the letter Richland County Commissioners sent in support of the resolution. The letter acknowledges the public opposition the resolution faces.
“We know that you’ve had some public comment in opposition to this resolution based on a sentiment that we also share very strongly here in eastern Montana, we don’t like being told what to do,” the letter stated. “And that is precisely why we support this resolution. ... It’s an educational resolution calling for voluntary safety practices when using ATVs instead of an ordinance which would have the force of law and that would mandate behavior and possibly even impose sanctions for violations. ... The demand for safety could take this out of voluntary hands and throw it into mandatory legislation.”
Curtis Friede, owner of Kurt’s Polaris, expressed frustration that the commissioners did not reach out to dealers earlier. He said the resolution felt repetitive of actions he has already been taking.
“I’ve been a dealer for 30 years in the Missoula County area and everything that you guys are talking about, I have been doing and working [on] with the Product Safety Commission, with the customers, with the state of Montana, with the manufacturers,” Friede said. “And all this stuff is repetitive stuff that we have to deal with before we can ever sell them anyway. And we used to have classes that we taught people and showed them riding skills and did all kinds of things. And the customers pretty much made it loud and clear that they were tired of being told that they had to go take a class all the time to purchase an ATV or a Side-by-Side or anything else. And in this, it doesn’t really explain the differences between an ATV and a UTV.”
He added that Seeley Lake residents have no choice but to ride ATVs on paved roads.
“We have zero trails in Seeley Lake to go ride on ATVs or Side-by-Sides, so we have to ride on county roads, we have to ride on asphalt roads, we have to run out of Forest Service or state roads,” Friede said. “And that’s where people use them to do their thing. It’s a part of everyday life here. And I’m just afraid, and I want to make sure that you guys understand I’m very afraid, that this is the start of something that could theoretically go bad for us.”
Multiple County residents spoke out against the resolution due to the everyday reliance on ATVs in rural areas. Many were concerned that if the resolution passed it would set a precedent that would allow additional restrictions to be implemented in the future.
Western Montana Trail Riders President Roger Tulberg said while he supports the resolution in theory, he is also concerned about future consequences. He thinks collaboration among sellers and riders would be more productive.
“We’re not going to quit riding on paved roads,” he said. “I think time would be better spent from the council maybe working with the ATV dealers and clubs like [Western Montana Trail Riders] to promote safety in some way. A resolution like this is great, ... but I too don’t want to see it lead down another path.”
Buckle Up Montana Coordinator Steve Schmidt spoke about ATV and vehicle safety.
“One of the things that we really tried to emphasize is the Vision Zero that Montana has on our roadways with zero serious injuries and zero deaths on our roadways,” Schmidt said. “Some of the ways that we could accomplish that obviously is training ... through riding courses and ongoing continuous training while you’re riding ATVs. Wearing all the gear gives you the greatest opportunity to avoid those serious injuries or death. That’s including helmet, armor, gloves, jackets, pants and boots.”
Missoula County Commissioner Josh Slotnick recommended shelving the resolution until members of the County Health Department could have a conversation with dealers. Before making his recommendation however, he stated that the resolution was not meant to have underlying intentions.
“This wasn’t aimed at retailers or dealers, but aimed at end users to encourage people to be safe,” Slotnick said. “I heard the word disingenuous, it kind of bugged me a little bit. There is no ulterior motive here. We’ve had no other discussions. This is only about voluntarily encouraging people to be safe.”
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