Lawmaker wants curfew for kids using OHVs

A proposed state law that would regulate the use of off-highway vehicles by minors is a poor substitute for parental supervision, say both a Yuma OHV service manager and a Yuma area law enforcement officer whose department would enforce the law.

House Bill 2490 would bar those under 18 from operating off-highway vehicles from midnight to 5 a.m. Minors without driver's licenses would be required to have an adult supervising them at any time. Those restrictions wouldn't apply if minors are using vehicles for hunting, farming or ranching.

Rep. Barbara McGuire, D-Kearny, introduced the bill, pointing to serious and fatal accidents involving minors and constituent complaints about trespassing vandals on off-highway vehicles.

"I did my homework to find out where the majority of the abuse was happening and in what age group," McGuire said. "It was the inexperienced, unlicensed young drivers that have no regard for private property and no regard for their own safety."

But Capt. Eben Bratcher of the Yuma County Sheriffs Office said parents should assume responsibility for their children's actions and not expect law enforcement to teach children what they should be learning at home.

"I don't believe that any law replaces responsible parenting. If there was responsible parenting involved, there would probably not be the need for a law like this," Bratcher said.

That sentiment is echoed by Joshua Bay, service manager at Wild West Motor Sports. "It doesn't help when the government is trying to take too much of a handle on good parenting.

"If you think your kid can handle this, then take all the responsibility of letting them ride during these hours. Too many parents try to push that responsibility off, and say that there are not enough restrictions. If you don't want your kids driving at night, it's easy - pull the keys," Bay said.

Bratcher added, "There is nothing against kids learning to ride ATVs as long as they're not riding something too big for them and their parents or responsible parties teach them how to do it safely. Forcing them to have a driver's license is pretty much trying to legislate good parenting."

McGuire said she began work on the bill after a 13-year-old girl died in September after driving her all-terrain vehicle into a mineshaft near the northwestern Arizona community of Chloride.

McGuire said she spoke to farmers, ranchers and law enforcement officials to develop legislation she said would protect property as well as the safety of young people.

"If this bill saves just one life, it will be worth the paper it's printed on," McGuire said.

Bay said he still has mixed feelings about this law.

"This could be a good thing, because unfortunately there are instances where parents aren't watching their kids like they should and sometimes that can lead to trouble. A law like this may prohibit something, because the sad truth is a lot of trouble happens at night, vandalism things like that.

"Out here in the desert, ATVs and UTVs are one way to transport around, so in that aspect it would help. It comes down to more of a parenting issue. But I guarantee that there are 10 times more accidents during the day. And the reason for that is the lighting helps, people ride harder during the day and there is more traffic out there," Bay said.

Chris Benner, who heads the Arizona Backcountry 4x4 Club, one of more than a dozen off-highway users groups in the state, said a curfew makes sense, but he questioned how effective and enforceable a ban would be. To be effective, he said, the curfew would need to start earlier.

"Usually you don't find kids riding around between midnight and 5 a.m.," Benner said.

Jeff Gursh, access and grants executive director for the Arizona Off-Highway Vehicle Coalition, a nonprofit organization representing manufacturers, dealers and enthusiasts, said the measure couldn't be enforced.

"We don't have enough officers to do regular patrols on city streets, let alone being out there in the middle of nowhere," Gursh said.

McGuire said her focus is the safety, not how the change would be enforced.

"I don't know how they're going to enforce it," McGuire said. "That's their job."

McGuire said her intent was to start small and build from there.

"I'm just hoping to get the bill heard and get it passed this session, and then we can work on beefing it up and giving it more teeth next session if need be," McGuire said.

As of Thursday, McGuire's bill had been assigned to the House Transportation Committee but hadn't been scheduled for a hearing.

"They are doing a whole lot to legislate a solution to a problem that could be fixed with responsible ATV ownership and training," Bratcher said.

Gursh said the off-roading community is more interested in and supportive of HB 2573, sponsored by Rep. Jerry Weiers, R-Glendale, because it would establish a lengthy set of off-highway vehicle operating rules.

Weiers' bill also would require off-highway vehicle owners to pay a $20-25 registration fee that would help repair damaged landscapes, educate riders and fund law enforcement.

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Sun Staff Writer Stefani Guerrero Soucy and Daniel Raven of the Cronkite News Service contributed to this report.

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HB 2490 INFO

Here are key provisions of HB 2490, a bill sponsored by Rep. Barbara McGuire, D-Kearny, dealing with minors and off-highway vehicles:

No use by those under 18 between midnight and 5 a.m.

Minors without driver's licenses would have to have adult supervision at any time.

Minors using off-highway vehicles for hunting, farming or ranching would be exempted.