Nebraska Titling Problems
by Dan Nitzel, NOHVA Business Manager and Co-founder

Reprinted from the Nebraska OHV Advisor, the official publication of the Nebraska Off Highway Vehicle Association March 2004

As many of us are finding, the required Nebraska ATV and dirtbike titling program seems to be off to a rocky start. The year is young and I’m starting to hear a few complaints already. 

Before I describe some of the stories, I should describe exactly what we are talking about here. LB-333, passed by our state unicameral in Lincoln requires the titling of new and maybe used ATVs and mini-bikes (dirtbikes) sold in Nebraska after January 1, 2004. The purpose of the bill is to develop a statewide database of machines to control theft. It also redefines the near 20 year old legal definition of ATVs to reflect the characteristics of newer machines. The bill will allow for government recording of liens filed against machines purchased under credit. There are no provisions for recreational trail users.  

The bill was a result of a complaint by Adams County Board Member Larry Woodman after having two ATVs stolen from his farm. Both units were recovered. It was our hope to either kill LB-333 or add an amendment to LB-333 so that it could be like Iowa's title law for ATVs that includes $5 of each title to be deposited into an ATV and dirtbike trail fund. However, the author of LB-333, State Senator Carroll Burling of Kenesaw informed us through his aide that he is not interested in helping our state's recreational ATV and dirtbike riders. In fact, not a single other state senator was interested in helping us either as LB-333 passed 42-0.  

What this means to you is that as of January 1, 2004 you are now REQUIRED to title your new ATV and dirtbike after you purchase it. Additionally, you MAY have to title your used ATV and dirtbike before you trade or sell it to anyone else or move or ride in another state besides Nebraska. The reason why I say that you MAY have to title your used machine is because no one seems able to fully interpret the new state law. I do know that if you sell your ATV and/or dirtbike without a title, you could be prosecuted for a class 3 misdemeanor. For the time being, if you purchased your machine before January 1st, 2004 and you never sell or trade it or ride out of state, then, hypothetically you do not have to title your machine. However, state law also says that a title to your machine is considered the only allowed Nebraska proof of ownership. Does this include machines purchased and owned before January 1, 2004? Also, the title to your machine is considered proof of ownership. Does this mean that you need to carry it with you at all times? What if there is a lien filed against it and your title is in the court house? I guess that all depends upon how the state laws are interpreted.  

Being the honorable Nebraska citizen that I try to be, and considering that I was trying to sell one of my ATVs, I decided that it was time to succumb to the state and title my 1996 and 2001 ATVs in February. I really did not want the Nebraska Department of Motor Vehicle to send out their titling police to me and take a chance on a large fine and possible jail time, and I did not want to create a hassle for the future owner of my pre - 2004 purchased Banshee.  

Before I left for the court house, I had the pleasure to speak with several other riders who had attempted the same feat. They told me that the court house they visited had no idea what they were trying to do, simply get a title for their ATV. So I visited the Nebraska DMV web site and printed up the titling info for ATVs, and took it with me to the court house.  

I made the trip to the local court house County Clerk’s office with MSO’s (manufacturers statement of origin) and $13.50 in hand for each ATV. I stepped up to the counter, and was greeted with the usual can I help you (but didn’t really want to ) greeting. I said that I wanted to title my ATVs. A puzzled gaze of “not another one of these today” looks fell upon the clerks face followed by a “Gladys, do you know anything about this” comment. Gladys, who’s name has been changed to protect the innocent said, “yeah we had one of these last month”. The clerk I was dealing with then said, “well we will just title this as a mini-bike” and I pulled out the DMV web site print out. I said it had to be titled as an ATV, as a mini-bike was a different class of vehicle. “Oooooohkay” said the clerk. The clerk got stuck on the body style part of the title and I finally persuaded her to use something that was not know to her. After a couple of minutes, I had the new title in hand and had a genuinely civic feeling in knowing that I have properly completed my duty to comply with a few people in Adams County desires to totally thwart future ATV thefts in Nebraska and I was outta’ there. With all things considered, the process went smoothly and quickly.
One other very troubling item that I have discovered from the U. S. Forest Service is that if you visit the Nebraska Department of Motor Vehicles web site, it specifically states that “Certificates of Title issued for ATV’s are intended as the only acceptable proof of ownership” and will contain the statement: “Not To Be Registered For Road Use”. 

Additionally, the DMV web site had the following statement: “ATV’s are off-road vehicles. They are not registered and are restricted to off-road use on private property. Check with local Police and Sheriff to see where you can ride”.  

Does this mean that I am violating state law by operating my ATVs or dirtbikes on public trails at the Headworks OHV Park near Genoa, the track near Sutherland Reservoir or at Harlen County Reservoir, or on the trails managed by the Nebraska National Forest? Depending upon how you interpret it, we ARE violating state law, but so far it has not been enforced. These are public lands, not private, and the law specifically states that ATV’s and dirtbike use is not allowed to be used anywhere in Nebraska EXCEPT on private land.  

I hate to break it to the people who promoted LB-333, but I do not think it’s going to do much good at preventing ATV and dirtbike thefts in our fair state. Farmers and ranchers purchase most of the machines in the state. They could care less about the title. LB-333 left out an important final step that most other states use, it’s called “registration”. Police officers in investigating a theft of a vehicle rely upon the “registration” to identify it, not titles. Additionally, law enforcement already had a stolen vehicle database to use before our Adams County friends imposed the titling thing upon us.  

I see a registration program coming down the pike after the state is sued over this title mess, but I also see “us”, meaning recreational users, as getting hosed again by the state. My guess is that Nebraska will once again be different from most other states and not allow for a recreational trail fee. The prevailing attitude towards our state’s ATVs and dirtbikes in Lincoln is that, “if it’s not used for farmin’, huntin’ or ranchin’, then it’s nought welcome in these parts”. We’re gonna get hosed again, big time, and there is little we can do about it because there’s no one in Lincoln that seems to care about family based recreational ATV and dirtbike use.  

My second Nebraska titling program story involves when a member from Omaha who was concerned about getting a permit to ride in Iowa at the River Valley OHV Park in Council Bluffs. There was some concern that Iowa or some other state that has a titling and registration program and they may not allow Nebraskan’s to purchase a registration if their home state does not have a registration program. We all know that Nebraska does not have a registration program. I guess that as the year wears on we will find out if Nebraska residents are not allowed to ride our ATVs in other states. If this occurs to you, please let this writer know. Maybe all the rider will need is an out-of-state permit? It may not be that easy in all the states. 

One of our members recently moved to California. When he got there, he tried to be an upstanding citizen and register his dirtbike. California said “no way” and he instead opted for the 30 day out of state resident registration. Apparently the state of California received an alert from the Nebraska D.M.V. stating that there is a huge theft problem of ATVs in Nebraska and that they should be on the lookout for stolen machines. Any machine from Nebraska “should be” considered as possibly stolen unless it has a title. So now the person in California needs to come back to Nebraska, maybe with machine in tow and get a title before he can legally register it in California.
I’ve been talking to Nebraska ATV dealers concerning the sales of ATVs and dirtbikes to people who live out of state. A couple of them are concerned that LB-333 will make it much more difficult for them to sell machines out of state. Some dealers are titling only new machines before they are sold. Some dealers are telling the owners of new machines that they need to get their own title. Some dealers are doing nothing. None of the dealers I have talked to are titling used machines. Some court houses where people are trying to obtain an ATV or dirtbike titles are calling the dealers on what they should do.  

According to our January 2004 NOHVA member rider survey, 40% of those who completed the survey have titled their machines. I think this number is a little high. 

No one from any state agency has ever contacted our organization concerning any kind of ATV and dirtbike theft problem in Nebraska. I’ve visited with the deputies of Sheriff’s Departments about it on occasion, but a lot of different stuff get’s stolen everywhere. Generally, there is no ATV and dirtbike theft problem in Nebraska, and if people do get their machines stolen, it’s almost always due to their own neglect.  

If there was a real problem with this, don’t you think someone from the state would at least contact us (we have 2500 members) and ask for assistance or let us know that there is a big problem? Sure, we’ve heard about machines being stolen this last year. I was only contacted by NOHVA members about four times last year about stolen machines. In each incident, the machine was stolen out of the back of a pickup truck in a parking lot or out of the yard of someone, and none were chained down or inside a locked building. There are about 40,000 ATVs and dirtbikes in Nebraska. 

I compare Nebraska’s titling law to a story about a burning barn. A state senator heard from one his constituents that his barn had burned down. Instead of realizing that barn fires sometimes occur if their owners are careless, and not talking to the fire department, the state senator quickly got a law passed that made barn fires illegal.
Welcome to Nebraska where possibilities are ........ endless!