Developing State Laws on ATVs and OHVs Presenters

  • Slides: 56
Download presentation
Developing State Laws on ATVs and OHVs Presenters: Michael Best, Consumer Federation of America

Developing State Laws on ATVs and OHVs Presenters: Michael Best, Consumer Federation of America Rachel Weintraub, Consumer Federation of America Dwayne Smith, Safe Kids Colorado Beth Barnes, Safe Kids Vermont Moderator: Anthony Green, Safe Kids Worldwide

Fatal OHV Vehicle Crashes Safe Kids Worldwide February 25, 2016 Michael Best, Senior Policy

Fatal OHV Vehicle Crashes Safe Kids Worldwide February 25, 2016 Michael Best, Senior Policy Advocate, CFA

All-Terrain Vehicles (ATVs) Four-wheel vehicle designed for off-road use • Straddled seating position and

All-Terrain Vehicles (ATVs) Four-wheel vehicle designed for off-road use • Straddled seating position and steered with handlebar • Short wheelbase, narrow track width, high center of gravity • Typically designed for 1 occupant • Some have side-by-side seating and steering wheel

ATV Rider On-Road Deaths 1982 -2013 NHTSA FARS 500 400 300 200 100 0

ATV Rider On-Road Deaths 1982 -2013 NHTSA FARS 500 400 300 200 100 0 1980 85 90 95 2000 05 10 www. iihs. org

ATV Rider On-Road and Off-Road Deaths 1999 -2009 CPSC on & off-road and NHTSA

ATV Rider On-Road and Off-Road Deaths 1999 -2009 CPSC on & off-road and NHTSA on-road 1000 CPSC NHTSA 800 600 400 200 0 99 04 09 www. iihs. org

Information on Off-Road Vehicle Deaths • Google News • Consumer Product Safety Commission (CPSC)

Information on Off-Road Vehicle Deaths • Google News • Consumer Product Safety Commission (CPSC) summaries of Incident Investigations • CPSC summaries of Reported Incidences • National Highway Traffic Safety Administration Fatality Analysis Reporting System data • Occupational Health and Safety Administration fatality data • State, county, and local law enforcement crash investigations

Deaths by Vehicle Type Percent; 506 deaths January – December 2015 [CATEGO RY NAME]

Deaths by Vehicle Type Percent; 506 deaths January – December 2015 [CATEGO RY NAME] [CATEGORY[PERCENT AGE] NAME] [PERCENTAGE ] [CATEGORY NAME] [PERCENTAGE ]

Location of Fatal ATV and ROV Crashes Percent by vehicle type; January – December

Location of Fatal ATV and ROV Crashes Percent by vehicle type; January – December 2015 55% ATV 53% ROV 46% 38% 7% 1% On-Road Off-Road Unknown

ATV- or ROV- Related Deaths by Person Type Percent by vehicle type, January –

ATV- or ROV- Related Deaths by Person Type Percent by vehicle type, January – December 2015 86% ATV ROV 59% 36% 9% 1% Driver Passenger 0% Pedestrian 4% 5% Unknown

ATV- and ROV-Related Deaths by Age Group Percent by vehicle type, January – December

ATV- and ROV-Related Deaths by Age Group Percent by vehicle type, January – December 2015 33% ATV 18% ROV 16% 17% 14% 13% 9% 11% 7% 5% 8% 8% 8% 3% 0 -15 16 -19 20 -29 30 -39 40 -49 50 -59 60 -69 70+ 1% 1% Unknown

ROV Deaths by Type of Crash 76 deaths January – December 2015 [CATEGORY NAME]

ROV Deaths by Type of Crash 76 deaths January – December 2015 [CATEGORY NAME] [PERCENTAGE] unknown 1% single-vehicle crash 88% of these single-vehicle crashes, 75% involved rollover at some point during crash of the crashes involving rollover, 48% of occupants were pinned or rolled over by the ROV No crashes with off-road vehicles, animals, pedestrians

ATV Deaths by Type of Crash 403 deaths January – December 2015 animal pedestrian

ATV Deaths by Type of Crash 403 deaths January – December 2015 animal pedestrian 1% 1% another off-road vehicle 4% another onroad vehicle 12% single-vehicle crash 77% unknown 4% of these single-vehicle crashes, 48% involved rollover at some point during crash of the crashes involving rollover, 52% of occupants were pinned or rolled over by the ATV

Helmet Use in ATV and ROV Fatal Crashes Percent, by vehicle type; January –

Helmet Use in ATV and ROV Fatal Crashes Percent, by vehicle type; January – December 2015 64% 59% ATV ROV 39% 30% 6% 1% Yes No Unknown

Belt Use in ROV Fatal Crashes Percent; January – December 2015 50% ROV 45%

Belt Use in ROV Fatal Crashes Percent; January – December 2015 50% ROV 45% 5% Wearing Belt Not wearing Belt Unknown

OHVs: The Growing Safety Crisis of On-Road Use

OHVs: The Growing Safety Crisis of On-Road Use

Rachel Weintraub Legislative Director and General Counsel Consumer Federation of America Presentation to Safe

Rachel Weintraub Legislative Director and General Counsel Consumer Federation of America Presentation to Safe Kids Worldwide February 25, 2016 Consumer Federation of America is a non-profit association of approximately 280 pro-consumer groups that was founded in 1968 to advance the consumer interest through advocacy and education. www. consumerfed. org

Agenda Today: �Over view of OHV On- Road Research �OHV Advocacy Work with a

Agenda Today: �Over view of OHV On- Road Research �OHV Advocacy Work with a Focus on Keeping OHVs Off Roads �Strengthening our Coalition

OHV Safety and Ongoing Expansion of OHV Use on Roads

OHV Safety and Ongoing Expansion of OHV Use on Roads

What type of State regulations exist? Almost every state regulates OHVs in some way

What type of State regulations exist? Almost every state regulates OHVs in some way including: �Minimum rider age—some states have ages as low as 8 or 10 years old. �Helmet requirements �Where OHV riding is permissible Photo by Nick Aldwin available under a Creative Commons License

CFA Released Report on March 13, 2014: ATVs on Roadways: A Safety Crisis Growing

CFA Released Report on March 13, 2014: ATVs on Roadways: A Safety Crisis Growing safety hazard from ATVs on roads because most states now allow ATVs on roads despite: � ATVs are not designed for on-road use. � Industry, regulators and public health advocates all agree that ATVs do not belong on roads. � Most ATV deaths occur on roads. The last decade has seen an increase in the number of state laws allowing ATVs on roads. Photo by Andy Arthur available under a Creative Commons License

OHVs Not Designed For Use on Road Tipping Danger Low Pressure Tires are not

OHVs Not Designed For Use on Road Tipping Danger Low Pressure Tires are not Suitable for Road Use Photo by Mykl Roventine available under a creative commons license

Industry, Regulators, Advocates all Agree… OHVs Unsafe on Roads

Industry, Regulators, Advocates all Agree… OHVs Unsafe on Roads

2015: Findings of Updated Report Wherever ATVs are allowed on roads, ROVs are also

2015: Findings of Updated Report Wherever ATVs are allowed on roads, ROVs are also allowed on roads. This includes 35 states.

The Majority of States Now Allow Recreational OHV Use on Some Roads

The Majority of States Now Allow Recreational OHV Use on Some Roads

10 Year Trend of State Laws Authorizing OHVs on Roads

10 Year Trend of State Laws Authorizing OHVs on Roads

Decisions Largely Made at local Level—Creating Confusion and Enforcement Problems

Decisions Largely Made at local Level—Creating Confusion and Enforcement Problems

We Need To Reverse This Trend Limited Work Exceptions Penalties Sufficient to Deter Strong

We Need To Reverse This Trend Limited Work Exceptions Penalties Sufficient to Deter Strong Prohibition of On-Road Riding Restricts Riding on ALL right of ways Enforcement Mechanism

Delaware: Example of Strong State Prohibition �OHVs Prohibited on entire Right of way—no riding

Delaware: Example of Strong State Prohibition �OHVs Prohibited on entire Right of way—no riding on shoulder of road �Only allows OHVs on roads for parades or other special activities No Work exceptions No crossing roads—ATVs must be pushed across roads �Fines and impoundment Police may impound to stop violation of law First offense: $100 Second Offense: $400 and mandatory 6 month impoundment

61 Letters Sent Since April 2014 CFA sends letters in opposition to expanding ATV

61 Letters Sent Since April 2014 CFA sends letters in opposition to expanding ATV access to states, cities, and counties when alerted by news reports or by concerned consumers. Since April 2014 CFA has sent 61 letters � 11 state level letters; � 22 county letters; � 3 Forest Service letters; � 25 cities and towns; across 20 states. Photo by Ahren made available under a Creative Commons license

Ongoing need for Action to Improve Safety THERE IS WORK TO BE DONE AT

Ongoing need for Action to Improve Safety THERE IS WORK TO BE DONE AT ALL LEVELS Federal State Local Industry

State Laws States need to pass bright-line laws prohibiting OHV use on all roads

State Laws States need to pass bright-line laws prohibiting OHV use on all roads including the shoulder or any other part of the right-of-way. Photo by J. Stephen Conn (slightly cropped) made available under a Creative Commons license

Local Jurisdictions Need Information on Danger of OHVs on Roads Where States allow local

Local Jurisdictions Need Information on Danger of OHVs on Roads Where States allow local jurisdictions to authorize OHVs on roads advocates can offer a valuable safety perspective to local deliberations Our Coalition has sent 61 letters to jurisdictions in 20 states since April 2014 See the letters and other resources at http: //consumerfed. org/off-highwayvehicle-safety/ If you would like to Join our coalition and sign on to our letters, please email Michael Best mbest@consumerfed. org Photo by Io. Lagana available under a Creative Commons license

Strengthen Our Coalition �Please join us in the effort to oppose expanding OHV road

Strengthen Our Coalition �Please join us in the effort to oppose expanding OHV road access. �We need to find out what is happening earlier so that we can engage earlier. �We need partners on the ground to help communicate the hazards of OHV on-road use.

Framing OHV Policy Discussions: Perspectives from Safe Kids Colorado Dwayne Smith, M. Ed. ,

Framing OHV Policy Discussions: Perspectives from Safe Kids Colorado Dwayne Smith, M. Ed. , M. C. H. E. S. Injury Prevention Program Manager Children’s Hospital Colorado

Current OHV Law in Colorado No one under 10 can operate an OHV on

Current OHV Law in Colorado No one under 10 can operate an OHV on roads designated as Off-Highway Vehicle routes. People over age 10 must be a licensed driver or under the direct supervision of a person with a driver’s license (within direct visual contact). • Colorado Parks and Wildlife Rule 504 The Colorado Parks and Wildlife agency states that they have tried to ensure consistency across Colorado’s diverse composition of state parks and federal lands by setting the standard at the Bureau of Land Management’s threshold of 10 years old.

Evolution of the OHV Policy Issues in Colorado: 2015 -2016 • HB 15 -1054

Evolution of the OHV Policy Issues in Colorado: 2015 -2016 • HB 15 -1054 was introduced to expand OHV access to county roads. • Children’s Colorado opposed the bill. It later died in committee due to a large fiscal note related to OHV registration costs • In an effort to continue the discussion, legislators established an interim committee during the summer of 2015 to discuss the OHV policy options with input from counties, municipalities, public safety advocates, transportation agencies, and environmentalists.

Evolution of the OHV Policy Issues in Colorado: 2015 -2016 • Children’s Colorado recommendations

Evolution of the OHV Policy Issues in Colorado: 2015 -2016 • Children’s Colorado recommendations to the interim legislative committee: • Don’t move forward with any legislative effort that would make it more likely that very young children and youth would be injured or killed using Off-Highway Vehicles on public roads. • Apply any results from the Committee’s work to public policies for adults only.

Legislation in 2016 House Bill 16 -1030 • The legislation provides counties and cities

Legislation in 2016 House Bill 16 -1030 • The legislation provides counties and cities with the flexibility to create a higher safety threshold through local ordinance on roads and streets by increasing the limit beyond 10 years old which is currently in state rule. • Counties can now require driver’s licenses as well as liability insurance. • Children’s Colorado is NEUTRAL on this bill. Our preferred policy option would have been a statewide requirement for driver’s licenses but this was not possible given the resistance from certain counties and the current regulatory framework for OHVs in the state. • The bill has passed the House 63 -2 and is awaiting action in the Senate.

Case Study from Gilpin County, CO

Case Study from Gilpin County, CO

Acute Care Charges for Injured 12 YO Initial 45 -day hospital stay at CHCO:

Acute Care Charges for Injured 12 YO Initial 45 -day hospital stay at CHCO: $533, 230. 35 (2) subsequent inpatient surgical stays: $104, 461. 97 (19) subsequent outpatient procedures: $16, 315. 17 Total charges (as of 2/18/16): $654, 007. 49 Primary Payer: Medicaid - approximate reimbursement to CHCO = $137, 876. 80 • Secondary Payer: Self-Pay – CHCO will write off approximately $516, 130. 69 as “charity care” • • •

Severe OHV Injuries Treated at CHCO: 2010 -2015 • 159 cases in Trauma Registry

Severe OHV Injuries Treated at CHCO: 2010 -2015 • 159 cases in Trauma Registry from 1/1/10 – 12/31/15 • 145 with known Payer, of which 30% were Medicaid (N=44) • 15 different state Medicaid plans were billed for care: CA, CO, ID, KS, MT, NE, NV, NM, NC, OKO, OR, SD, UT, WA, WY • Total acute care charges for known Payers: $8, 024, 919. 05, or an average of $55, 344. 27 per incident • Total acute care charges for Medicaid (N=42): $2, 485, 299. 09, or an average of $59, 173. 79 per incident

Continuation of CHCO Advocacy Efforts • Ongoing surveillance of OHV-related injury data • Ongoing

Continuation of CHCO Advocacy Efforts • Ongoing surveillance of OHV-related injury data • Ongoing participation in local CFR committees • Continuing to inform lawmakers about the inherent dangers of young children riding OHVs, and the resulting direct care costs to the state and nonprofit hospitals • Continuing to work with the CO Parks and Wildlife re: agency rule which permits 10 year olds to drive OHVs • To the extent possible, monitor county policies on OHV regulations

CHCO Staff Acknowledgements • • Zach Zaslow, Manager, Government Affairs Ellen Stern, Senior Policy

CHCO Staff Acknowledgements • • Zach Zaslow, Manager, Government Affairs Ellen Stern, Senior Policy & Advocacy Coordinator Sean Reiter, Business Intelligence Analyst Jason Johnson, Manager, Finance

ATV SAFETY…because it matters All Terrain Vehicles are not toys, they are machines. With

ATV SAFETY…because it matters All Terrain Vehicles are not toys, they are machines. With preparation and practice ATV’s can be ridden safely for fun and function. The issue is encouraging SAFE use.

ATV SAFETY…because it matters Educating for safer ATV use I asked myself… “What kind

ATV SAFETY…because it matters Educating for safer ATV use I asked myself… “What kind of safety campaign would best serve our hospital community? ” • Polled hospital pediatricians and emergency room doctors, the people on the front line. (the message was clear that ATV safety was an issue) • Reached out to local industry and started to understand the culture, the machines and the traditions. (respect the culture and traditions, even if they are not your own, they run deep with others) • Found anyone who could help build momentum…they may not be local so keep casting a wide net. (found VASA, the state umbrella organization for all Vermont ATV clubs) • Established a foothold within the local community of ATV users (Borderline Ridge Riders immediately got on board for a safety campaign)

ATV SAFETY…because it matters The Results • • On April 23, 2016 North Country

ATV SAFETY…because it matters The Results • • On April 23, 2016 North Country Hospital in collaboration with VASA (Vermont ATV Sportsman’s Association) and the Borderline Ridge Riders will be hosting VEST classroom ATV safety training for the Northeast Kingdom community In Spring 2016, North Country Hospital in collaboration with VASA and the Borderline Ridge Riders will be hosting hands on ATV safety training Collaboration…. Education…. Outreach = Success

ATV SAFETY…because it matters VASA Education Safety Training (VEST) A ½ day FREE course

ATV SAFETY…because it matters VASA Education Safety Training (VEST) A ½ day FREE course on safe & responsible ATV operation § Common ATV parts § Safeguarding rider with protective gear and clothing § Understanding the risks of off-road terrain § Inspecting and operating your ATV § Speed and stopping § Observing codes of safety § Trail etiquette § Training in basic survival skills § Crossing roads and highways § And, more…

OHV – Safety and Public Policy TOP TAKEAWAYS • OHVs are here to stay

OHV – Safety and Public Policy TOP TAKEAWAYS • OHVs are here to stay – make their use safer. • Common sense laws for safety. • In 2015, 33% of ROV fatalities involved kids under 16. • Top age group for ATV – ROV deaths 0 -15. • 30% no helmet, 50% no seat belts. safekids. org

OHV – Safety and Public Policy TOP TAKEAWAYS • Most OHV deaths occur on

OHV – Safety and Public Policy TOP TAKEAWAYS • Most OHV deaths occur on public roads. • We need your on-the-ground intelligence. • We need partners on the ground to help communicate the hazards of OHV on-road use • Lobbying to ease restrictions on OHVs is not going away. safekids. org 5 3

OHV – Safety and Public Policy TOP TAKEAWAYS • Costs on community are significant—

OHV – Safety and Public Policy TOP TAKEAWAYS • Costs on community are significant— Medicaid—not just a “local issue. ” • Data on costs can help legislators make smarter decisions. • Advocate for a higher safety standard (operator’s age, mandatory helmet and eye protections, etc. )--negotiate down • Along with policy, education on OHV safety crucial. safekids. org 5 4

QUESTIONS? Remember to Take the Survey in the Follow Up Email after the Webinar

QUESTIONS? Remember to Take the Survey in the Follow Up Email after the Webinar

Contact Information • Rachel Weintraub, Consumer Federation: rweintraub@consumerfed. org • Michael Best, Consumer Federation:

Contact Information • Rachel Weintraub, Consumer Federation: rweintraub@consumerfed. org • Michael Best, Consumer Federation: mbest@consumerfed. org • Dwayne Smith, Safe Kids Colorado: dwayne. smith@childrenscolorado. org • Beth Barnes, Safe Kids Vermont: bbarnes@nchsi. org • Anthony Green, Safe Kids Worldwide: agreen@safekids. org • Reuben Overmark, Safe Kids Worldwide, rovermark@safekids. org