Burleigh County’s proposed regulations for off-highway vehicles make sense. While dirt bike riders, snowmobilers and all-terrain vehicle users love to use roadside right-of-ways, they need to be respectful of public and private land.
The Burleigh County Commission last month approved tightening regulations in a 4-1 vote. Commissioner Steve Schwab voted against the regulations, but didn’t explain his vote. He did express concern about young riders not wearing helmets.
The public will get an opportunity in the coming weeks to comment on the proposed ordinance. The commission is likely to encounter opposition to the regulations. During the winter, trails are marked on the right-of-ways, or what most call ditches, for snowmobilers. It gives riders the chance to enjoy snowmobiling without traveling a longer distance.
Burleigh can adopt ordinances after voters approved a new draft of the county’s home rule charter last November. One of the driving forces behind the vote was the OHV issue.
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The Tribune Editorial Board believes the regulations are sensible.
They include a 25 mph speed limit on right-of-ways; prohibit reckless driving that results in damage to property or endangers others; prohibit jumping of ditches, excessive engine noises, and skids or slides upon accelerating or stopping; prohibit racing; prohibit driving OHVs while intoxicated; require a lighted headlamp and tail lamp roughly a half hour before sunset and after sunrise; require permission from landowners to use OHVs on agricultural land, private land or land entirely enclosed by a fence; and require a manufacturer-installed or equivalent muffler in good working order connected to the exhaust system.
Riders, however, enjoy going fast, doing jumps and other things the regulations are attempting to crack down on. The regulations aren’t intended to take out the joy of riding, but to provide for the safety of riders and others. The regulations also are an attempt to protect property and avoid damage to right-of-ways.
Enforcement won’t be easy. It’s doubtful law enforcement will be able to patrol right-of-ways on a regular basis. Burleigh County Sheriff Kelly Leben told the commission it’s difficult to curb young riders because of search and seizure laws. Riders can be stopped only if they are caught breaking the law.
Still, the proposed ordinance, if approved, will give riders guidelines for behavior that aren’t in place now. Hopefully, parents will stress the guidelines to their children. It’s up to adult riders to set a good example. No penalties have been assigned to the proposed ordinance yet.
The Tribune supports the proposed ordinance because it promotes safety and protects property while still allowing riders to have fun. It just makes good sense.
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