ATV Licensing, Is It Good For Us?

By Dan Nitzel

          Lately you may have noticed quite a bit of talk about the licensing of ATVs in Nebraska.  The proposal could very well have a great impact upon recreational ATV riding as enjoy it now.  If it passes without protection and funding for trails and parks, and riders are required to be registered and licensed to ride on our trails or parks, the areas we may now ride could close.  If it passes without protections for sport and competitive riders, you may not be able to use your machines on public lands.

          One issue that ATV riders constantly talk about is the fact that there are not many places to ride in Nebraska.  If a law is passed that allows registered and licensed ATVs to be ridden on “all” public streets, roads and paths, then it’s possible that in the eyes of those that make the laws and many citizens of our state, there will be absolutely no need to develop places for ATV riders to recreate.    People will finally be allowed to ride their ATVs everywhere!  Why would Nebraska need places like the Headworks OHV Park, the trails system at the Nebraska National Forest at Pine Ridge and near Halsey, and the new trails complex currently under construction at the Harlan County Reservoir?   Some will argue that they might as well close these areas, as they attract noisy, rule breaking, un-desirable ATV riders anyway.  Some people such as radical environmental groups WANT trails and parks closed, and in their eyes allowing ATVs on the streets could be a great excuse close our trails.  

          There is no telling how this could effect the people who have placed a ton of cash into their sport ATVs.  I can tell you for sure that modified machines like ATV sand dragsters would never make past the inspection to be licensed, if registration and licensing is a requirement. 

          From my prospective, this proposal runs against the principals that many of us have been working for over the last twenty years.  It’s not that we don’t support the licensing and registration part, it’s that we could loose what we have worked so hard to build over the years. 

Back in the 1980’s when NOHVA was first formed, we ATV riders were under a considerable amount of scrutiny about injuries from riding ATVs via the press and safety advocates.  At that time it looked like there was a good chance that ATVs were going to banned. 

One of the three main reasons why NOHVA was formed was to educate others about the benefits of riding ATVs for recreation, and to protect our privilege to own and operate ATVs off road on public and private lands.  The other three reasons why NOHVA was formed had to do with preserving existing places to ride, find new places to ride, and hold activities for ATV and dirtbike riders.  If anyone would have ever suggested that we be allowed to ride ATVs on streets and roads “like cars”, we would have never believed it! 

          ATV safety was a big issue in the 1980’s and 90’s and was FAR more important back then than it is today.  One of the issues that the anti-ATV crowd used to try to fight us with was the accident and death rates among ATV riders on public streets and roads.   Back then, because of these facts, it would have been impossible to convince government agencies to allow us to use streets and roads.  When those of us who have been involved with NOHVA hear that there is a possibility that ATVs will be allowed pretty much free roam on street and roads, due to our past experiences be can’t help but wonder where the heads of some of these law makers are?   They obviously know little about prior history involving ATVs and know little about the ATV riding public.

In the 1980’s, to help preserve our sport many of us who originally became involved in NOHVA saw the importance of image and safety and how it reflects upon the sport.  We became involved in safety training, and tried to set an example for others to follow. 

In 2006, the year before villages and towns in Nebraska were allowed to determine if ATVs could be allowed to be ridden on streets, half of the ATV related deaths in Nebraska were people killed on a street or road.  The other half were farm and ranch related.  Of the four or five dozen people who have been killed on ATVs in Nebraska over the last 20 years, to the best of my knowledge, no lives have been lost on recreational trails. 

          Granted it is difficult to talk about the past and discuss safety without sounding somewhat anti-ATV.  I can assure that I am not, as I would not be as involved in the sport as much as I am now, and over the last 25 years. 

          Many states have ATV registration programs to fund trails and parks.  Nebraska does not have one now, and I can pretty much assure that there are now no plans by the legislature to put together a plan to fund off-road ATV and dirtbike trails and parks.  With a proposal to allow the licensing and registration of ATVs, now is the time to try to get a piece of the pie for off road trails and parks. 
          One of the reasons why a licensing program is being discussed by the State is because the effort to get people to title their ATVs in Nebraska has been largely unsuccessful.  If the owners of ATVs are required to license their machine, they will need proof of ownership in order to obtain a license.  Most owners of ATVs in Nebraska have not titled their machines.  People who have tried to follow Nebraska law that requires that their machines be titled have frequently run into big problems at the Court House in proving that they legally purchased their machine.   Any legislation needs to have a plan for sensible consideration of a workable way to prove ownership of machines by those who have no title or MSO (Manufacturers Statement of Origin) without initiating a witch hunt that would include an investigation of previous owners. 

          Some of the people who have supported the registration of ATVs in Nebraska are the big ATV dealers in our state.   Currently, if you purchase an ATV at a dealer, you pay the sales tax at the dealer.   If a registration and licensing law is passed in Nebraska, all the fee’s and taxes would be paid at the court house.  The price of an ATV “out the door” would be less 6.5% to 7% as the dealer would not have to charge sales taxes.  Anyway you look at it, you are going to have to pay sales taxes.  However, the bill at the court house could easily top $1000 because not only would you have to pay sales tax, you will need to pay fees for roads, taxes for the local schools and colleges, taxes for the county, taxes for the city and a wheel tax!  Also you would have to present proof of insurance before you pay the tax bills. 

          We ATV owners, the ones that use the machines for recreation with our families and friends have seldom had much of a voice at the Statehouse.  Part of the reason for this is the lack of involvement by recreational ATV riders with State Senators and the lack of resources that our organization can muster to promote our interests.  All of our current ATV laws have been tailored for agricultural and ranch use.   There has never been any consideration by the legislature for those that currently use ATVs for recreation, and the economic impact that our sport has in our state.  Much to the liking of the anti-recreational ATV forces, any licensing and registration bill introduced to the legislature will not serve us well.   

All of this leaves us with a lot of questions. 

Will machines be required to be licensed for use on public trails and parks?  If so, part of the licensing fee should be used to operate ATV trails.  If ATV’s are registered and licensed like other vehicles, none of the license fee or taxes would be used for trails.

Under current Nebraska law, the fees and taxes paid by those who license motor vehicles each take a different journey. In Nebraska, money collected from the motor vehicle fee ends up back at the county and city level through the Motor Vehicle Fee Fund. This fund is to be used for road, bridge and street purposes. The registration fee is broken off with roughly 30 percent going to the Motor Vehicle Tax Fund and 70 percent making its way to the Highway Trust Fund. If a plate fee is paid, that money is used to pay for the expense of the new plates. The motor vehicle tax, which usually constitutes more than 92 percent of the total cost to register the vehicle, is divided with 60 percent of the collected dollars going to the respective school system, 22 percent to the respective counties (except Douglas, which gets 18 percent) and the remaining 18 percent to the cities (except Omaha, which gets 22 percent). 

As you can see, under the current motor vehicle licensing and registration system, none of the license fee or taxes could be used for off-road ATV trails.  We need to try to change this to address the specific needs of recreational ATV owners.  Legislation needs to address the use of out-of-state ATVs on roads, streets, public trails and parks by people from another state who participate in a different registration program. 

Will all machines be required to be licensed including drag and racing ATVs?  If so, would these types of ATVs need to be brought up to standards for street use, which would be impossible in some instances?  You may have to say good bye to your dragster.  We need to fight any provision that would not allow for modified ATVs used for competition or play. 

What about older machines such as three-wheelers and ATVs without brake lights?  What about side-by-sides and UTVs? 

Kids will not be allowed to use ATVs on the streets as everyone will be required to have a driver license.  Will this effect the use of ATVs by those under 16 at our ATV parks and on our trails? 

Will local authorities be allowed to designate what roads/streets that riders will be allowed to use?  Will cities, counties and other government sub-divisions that control streets, road and highways have local control?  This has caused problems in other states where licensing has allowed ATVs on all roads.

Will the state require that ATVs continue to be limited to 30 mph on roads where the speed limit is much higher?  ATVs can travel up to 70 mph, why should ATV users have to worry about someone coming up behind us when on a street or road with a 50 or 60 mph speed limit and we have to travel no more than 30 mph?  This is clearly unsafe. 

Should riders on streets and roads be required to wear helmets?  Should ATVs be required to have brake lights?  Riders of motorcycles are required to so now.  Some Nebraska villages that currently allow the use of ATVs require the use of helmets.  One village requires the use of a helmet OR hard hat. 

The current plans for allowing ATVs to be licensed for use on streets and roads will eliminate the need for off-road trails and parks.  We need to find a way to protect our privilege to enjoy off-road trails and parks, and develop new places to ride, especially in the eastern part of Nebraska! 

NOHVA can’t do it all with only a one or two man band!   We need your help! 

THIS IS WHAT YOU CAN DO. 

FIRST THING, make sure that you are a registered voter. 

THEN, if you do not already know, find out who your State Senator is by locating at www.nebraskalegislature.gov  or calling the Capital switchboard at 402-471-2311 and to be transferred to your State Senator’s office.  You will be asked where you live so that they can determine what district you are in. 

Copyright © 2003-2009 TBQ Sport Club, Inc. /  d.b.a. Nebraska Off Highway Vehicle Association
Reproduction of any part of this web site is prohibited without permission.  Read our Disclaimer for information
This Site is Designed and Maintained by Off Highway Vehicle Management and Consulting 
This page was updated on Saturday, March 07, 2009