LETTER: Legal road use has not caused increase in ATV/UTV fatalities

To Ozaukee Press:
    This is to answer the Ozaukee Press editorial “Off-road ATVs belong off the roads.”
    The editorial quoted warnings from the U.S. Consumer Product Safety Commission, the ATV Safety Institute and Yamaha Corporation saying that ATVs should never be ridden on paved roads.
    In 2008, the Consumer Product Safety Improvement Act included warnings cautioning riders to keep ATVs off of public roads. At that time, balloon tires were the norm, street tires were not available and there were no road routes to consider, so it made sense to include this warning.
    Yamaha had a grant program that provided more than $350,000 last year for
trail development, maintenance and safety. That program gave a portion to riders clubs that also fight for opening public roads to off-highway vehicles.
    The editorial stated that “members of the Lakeshore ATV/UTV Club asked the Town Board to pass an ordinance that would supersede the state law that makes ATV use on public roads illegal.”
    Wisconsin statute 23.33 specifically allows road routes to be used. There is no superseding state law. The statute is the law. In fact, legislators made it easier to open road routes by passing Act 193, which made placing signs less tedious, and Act 87, which  allowed towns to open 35-mph and under roads within their jurisdiction.
    Our interviews have found the average UTV rider is in their 40s or older. Many use UTVs on roads because they are more efficient to cut wood or garden at the neighbors house or field a mile away and drive home. We had a woman at a town meeting who said she had a leg disability and found it much easier to drive an ATV than a car. Our town ordinance gave her mobility to see her parents that lived five miles away without any assistance.
    Road routes have been opening at an increasing rate since 2014, yet the
average ATV/UTV fatalities during that time have remained steady. Here are the facts from a 2019 DNR study and information from the NHTSA about Wisconsin
fatalities: The average fatality rate for ATV/UTV operators on and off-road is 4.58 per 100,000. The average fatality rate for cars and trucks is 10.6 per 100,000
    There are multiple towns and villages in Sheboygan, Washington, Fond du lac
and Dodge Counties with open road routes. There have been little to no issues with joy riding kids. This is an adult sport that responsible people enjoy.
Tom Kempke
Adell