Florida Motorcycle Dealers Association

By JOE CRANKSHAW
joe.crankshaw@scripps.com
January 2, 2007

The dirt bikes and four-wheeled all-terrain vehicles that roar through the vacant sand dunes behind Terry Tillman's home in Jensen Beach annoy her and her neighbors.

In fact, she is so annoyed, she wants to help the riders find someplace nearby where they can ride legally — without disturbing anyone. If no such place can be found, she wants to help build one.

Tillman is trying to deal with a problem that is vexing government officials and law enforcement agencies on the Treasure Coast and across the state.

"These people are trespassing," Tillman said about the people who ride ATVs and dirt bikes through the sand dunes behind the Publix on Jensen Beach Boulevard. "They are a plague on our neighborhood, and I wish they would stop."

The problem has persisted for years, and it is not confined to Jensen Beach. Residents in Martin, St. Lucie and Indian River counties have complained about noisy dirt bikes and ATVs.

Tillman and others have complained to the Martin County Sheriff's Office only to be told there are not enough funds to patrol the area on a regular basis. Also, Tillman said, most of the riders are juveniles, and even if they get arrested, they are released to their parents.

Environmentalists complain the vehicles damage the environment. They make trails over sand dunes and through fields and woods, disturbing wildlife with their noise and habitat destruction. State legislators took note of the damage and specified that any lands purchased for a riding area for off-highway vehicles must have been heavily disturbed by earlier uses.

Meanwhile, the St. Lucie County Commission voted in December to opt out of another state law that allowed off-highway vehicles to be ridden on dirt roads in unincorporated areas of the county. The action came at the request of St. Lucie County Sheriff Ken Mascara, who said he was concerned about the safety of the riders on the roads, particularly at night.

In Indian River County, Sheriff Roy Raymond is working with the County Commission to opt out of the same state law.

"The off-highway vehicles are a major problem in our county," Indian River County Sheriff's Office spokesman Deputy Jeff Luther said. "We are having a lot of injuries and problems on private property."

Martin County Sheriff's Office spokeswoman Lt. Jennell Atlas said her department is not considering recommending that the county opt out of the state law allowing ATVs on dirt roads. She said the county receives sporadic complaints, but there does not seem to be a major problem.

Most people involved with ATV and dirt bike riders agree that having a place where the vehicles could be ridden legally would help.

But when St. Lucie County Commissioners tried to establish an off-highway park at the St. Lucie County Airport in 2004, citizen protests and the potential costs and liabilities forced them to abandon the plan.

Still, Tillman said she is enthusiastic about the possibility of helping find land where the bikers can ride legally. She plans to speak to the local state legislative delegation at a Friday meeting in the Martin County Commission chambers in Stuart to ask for state assistance.

"I don't want to be someone who just complains," Tillman said. "I want the kids to have their fun, but I just want them to do it where they won't bother people."

Tillman also has recruited Winn Peeples, lobbyist for the Florida Motorcycle Dealers Association. The association represents merchants who sell motorcycles, dirt bikes, all-terrain vehicles and other recreational motor vehicles.

Peeples said funds may already be allotted for building riding trails and tracks in areas where there are not such facilities. The Office of Greenways and Trails in the Florida Department of Environmental Protection, is involved in three projects that total $1.9 million. But none serve the Treasure Coast.

"The Off-Highway Advisory Committee oversees the funds and selects areas for motorsport parks, and it meets quarterly," Peeples said. "I will try and see if they will hold a meeting in the Treasure Coast area to listen to people and assess the need."

The idea of a special riding area for off-highway vehicles has real appeal to people who sell the machines. William Talero, operator of Moto Mania on Dixie Highway in Stuart, said he believes a park for off-highway vehicles would be a success.

"I would be glad to join in any effort to turn that into a reality," he said.

WHAT IS AN OFF-HIGHWAY VEHICLE?

Florida laws defines an Off-Highway Vehicle (also called an ATV) or Off-Highway Motorcycle (also called an OHM) as any vehicle used off the roads for recreational purposes, which is not registered and licensed for highway use.

• An ATV is defined as 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.

• An OHM is defined as any motorized vehicle used off the roads or highways that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped.

WHAT DO OFF-HIGHWAY VEHICLES COST?

• Dealers say the price is based on engine size, and can range from $700 to $10,000.

• In 2004, the last year statistics are completely reported, more than 1.4 million were sold annually across the United States.

• Because they are not all licensed, no one knows how many there are in each state.

• The Florida Department of Highway Safety & Motor Vehicles says it had 245,964 registered in 2004, but added that many more are not registered. Anyone wanting to ride on state or local public land must register the vehicle.

LAWS GOVERNING ATVS AND OHMS

• The T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act of 2002, provides the guidelines for operating such off-highway vehicles, and mandates the state to find at least three additional sites for such vehicle use in areas without such sites.

• Such vehicles can't be ridden on any road in most of the state of Florida, and can't be ridden on any public or private lands unless the rider is over 18 years of age. Young riders must be accompanied by a licensed rider, and all riders must show written permission to be on private property.

• To keep up with the laws governing off-highway vehicles, you can obtain a guidebook from the Florida Department of Agriculture and Consumer Affairs, Division of Forestry. It is available online at: www.fl-dof.com or by writing to the division at 3125 Conner Blvd., Tallahassee, FL 32399.

WHERE TO RIDE YOUR OFF-HIGHWAY VEHICLE

Always inquire about local regulations. Some sites will charge a fee and all will check to see if the vehicle is registered with the state for insurance and ownership purposes.

Federal sites

• Big Cypress National Preserve, Collier County, Box 110, Ochopee, Fl 34141, Telephone (941) 695-2000.

• Apalachicola National Forest, Apalachicola Ranger District, P.O. Box 579, Highway 20, Bristol, Fl 32312, Telephone (850) 643-2282.

• Ocala National Forest, Lake George Ranger District, 17147 East Highway 40, Silver Springs, Fl 34488, Telephone (352) 625-2520.

• Wakulla Ranger District, 57 Taff Drive, Crawfordville Fl 32327, Telephone (850) 926-3561.

• Seminole Ranger District, 40929 State Road 19, Umatilla, Fl 32784, Telephone (352) 669-3153.

• Osceola National Forest, Osceola Ranger District, P.O. Box 70, Olustee, F. 32072, Telephone (386) 752-2577.

State sites

The Florida Fish and Wildlife Conservation Commission allows off highway vehicles to use some lands. Here is where to call:

• Northwest Region, 3911 Highway 2321, Panama City, Fl 32409, Telephone (850) 732-1255.

• Northeast Region, 1239 S.W. 10th Street, Ocala, Fl 34474, Telephone (352) 732-1225.

• North Central Region, Route 7, Box 440, Lake City, Fl 32055, Telephone (386) 758-0525.

• South Region, 8535 Northlake Boulevard, West Palm Beach, Fl 33412, Telephone (561) 625-5122.

• Tate's Hell State Forest, 290 Airport Rd., Carrabelle, Fl 32322, Telephone (850) 697-3734.

• Southwest Region, 3900 Drane Field Road, Lakeland, Fl 33811, Telephone (863) 648-3203. Local Government —

• Dade City Raceway, Pasco County Fairgrounds, Highway 52 West, Dade City, Fla. 33525, Telephone (352) 567-0792, Web site: www.dadecitymx.com, Daytona Beach, Fla. The city allows slow cruise vehicles that have licenses to be used on the beach and some streets. Contact: Dune Buggies of Daytona, Telephone (904) 252-4385, Web site: Daytonabug@aol.com

Private sites

• Motocross of Marion County, 14525 N.W. 21st Court, Redick, Fl, Telephone (352) 591-2377, Web site: mxmarioncounty@aol.com.

• North Florida Raceway, 28422 Liberty Trail, Hilliard, Fl 32406, Telephone (904) 268-2289, Web site: www.northfloridamotocross.com.

• Sunshine Moto-X, 41011 8th Ave. N., St. Petersburg, Fl , Telephone (727) 481-8162.

• West Florida Motocross Park, 8824 Ray Helms Rd., Pensacola, Fl , Telephone (850) 623-6038, Web site: wfmp@bellsouth.net.

• Croom Motorcycle Area, Brooksville, Fl. The 2,600-acre site off State Road 50, Exit 61, Telephone Withlacoochee Forestry Center, (352) 754-6777.

• Moroso Motorsports Park, 17046 Beeline Highway, Palm Beach Gardens, Fl 33478, Telephone (561) 622-1400. This Motorcross track will open regularly starting in January.