The  Poquessing Pathfinder Online
The Friends of Poquessing Watershed Inc. of Philadelphia and Bucks County
Dedicated to the Conservation and Beautification of the Poquessing Creek and Its Environs

DCNR SPRING CLEANUP AT BENJAMIN RUSH
 
Yes, DCNR is actually working on turning Benjamin Rush into a REAL State Park. PA CleanWays, a division of DCNR is looking for volunteers to help cleanup the park on Saturdays, March 9 and March 16, 9 AM to 1 PM. On December 1, 2001, over 50 volunteers showed up to remove over 5 tons of trash. This spring they hope to triple that amount. Snacks, beverages and lunch are provided. 
For more information, visit their website at  http://www.cleanpaforests.org/cleanups/benrush.html
or call Meg Schenkman toll-free at 877-772-3673.
 

WHY IS THIS ISSUE DEVOTED TO ATV'S?  
 
  Donna Smith-Remick              
    
     ATV riders - they are the most frequent complaint we get at our meetings and the biggest problem in our parks. They damage the parks, cause erosion problems, and the noise of their engines ruins the experience for everyone else who wants to enjoy the park. Living in Mechanicsville, next to Poquessing Park and Benjamin Rush, ATVs are pretty much a daily annoyance for me. We have posted signs here saying NO ATVs ALLOWED and listing fines, and helped purchase dirt bikes for the 8th District to patrol in the parks, but it hasn’t made much difference. I still hear the whine of those motors just about every day in the parks and on the streets.    
    In  December, I was standing in one of those long Christmas lines at the Post Office. The man in front of me spotted a friend ahead of him, and I couldn’t help but overhear the conversation about their ATVs. Two things they said piqued my curiosity. One asked the other if he had gotten the plates and put them on. “Nah, who’s going to look at them? Some farmer?”  Plates? I didn’t know they had plates for ATVs. I’ve never seen any around here. Then the other one talked about joining an ATV club. I decided it was time I learned what the laws were on ATV use and  found out what the ATV clubs were all about and what they were up to.
    For several months FOPW has been getting email from a group called The Forest Coalition about ATV issues. I hadn’t paid much attention to them, but after that day at the Post Office I started really reading them, and  learned that there are new ATV laws (yes, they have to display plates now and carry insurance), ATV trails have become a high priority for our state legislators, and the ATV clubs are organized and aggressively lobbying the state for more trails on state land. I’m very grateful to Dick Martin, Coordinator of The Forest Coalition for providing me with so much information and links for research. After I learned the details, I wanted to share them with our members and suggested to Dianne that we devote this issue to educating our members about the ATV laws and issues and the new legislation that has been introduced in Harrisburg. So that’s why I’m editing this issue instead of Dianne and it’s all (well, almost all) about ATVs. I hope you can gain some insight into the extent of the ATV problem, and some ideas on how to handle it in our parks. With the legislation passed in 2001 and more legislation pending we have an opportunity to ask our state representatives for help with our ATV problems. I’ve already sent one letter to my state representative about the legislation now in the State House, and I’ll be writing more. I hope some of you will too.  
      If you have other information, if you’d like more information,  or if you  just want to discuss this with  me, please email me at FriendsofPoquessing@usa.net   I’d love to hear from you!   

FACTS ABOUT ATV'S IN PA   (AS OF JUNE  2001)

PA is #2 in ATV sales in the US.
There are 64,000 registered ATVs and probably 500,000+ total ATVs in PA.
On state lands, there are 188 miles of ATV trails in 10 locations. 
In Allegheny National Forest there are 108 miles of legal ATV trails - it is the fastest growing recreational use of the forest.
On public and private lands, there are over 2500 miles of illegal trails. 
 

PA ATV LAWS  
 
Act 68,  the new  PA ATV Registration Law,  was passed in June 2001 and  took effect on  10/23/01:
 
All ATV's must be registered with DCNR (limited registration available if operated solely on your own land)
All ATV's must display plates and expiration stickers
All ATV's must be insured (except limited registration)
Registration money goes into a fund which funds the registration system, education & training, construction of new trails, trail maintenance         and enforcement of ATV laws. 
Liability for negligence in the use or operation of an ATV is attributable to the owner of the ATV.
 
ATV's may be operated:
    1. On private property with the consent of the owner or lessor;
    2. *On state-owned property on clearly marked and previously designated ATV trails;
    3. *On highway and streets when necessary to cross a bridge or culvert.
    4. *On highways and streets during periods of emergency when so declared by a governmental agency having jurisdiction;
    5. *On highways and streets for special ATV events of limited duration which are conducted according to a prearranged schedule under                   permit from the governmental unit having jurisdiction;
   6. * On streets and highways which have been designated as "ATV Roads" by the governmental agency having jurisdiction.
 
 * Only by persons 16 years or older
 
Operation of ATV's by Youths:
No one under 10 years of age shall operate an ATV on state land. 
Persons 10 through 15 years of age must complete a safety education course and posses a safety certificate before being permitted to operate         an ATV on designated trails on state-owned lands.
No person age 10 to their 16th birthday shall operate an ATV except on lands of his/her parent or guardian, unless he or she has completed a         prescribed safety training course and received an ATV safety training certificate.
 
An ATV may cross a street or two-lane highway provided:
   1. The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents         a quick and safe crossing;
   2. The ATV is brought to a complete stop before crossing;
   3. The driver yields the right-of-way to all oncoming traffic that constitutes an immediate hazard 

ATV Trails, Helmets, Titles and Fines
 
Certain trails on State Forest land and the Allegheny National Forest have been designated for ATV use. Additional information on ATV trails     is available from the Bureau of Forestry's Recreation Section at (717) 783-7941
It is illegal to operate an ATV without a securely fastened helmet on the head of the operator.
All ATV's in PA must have a title issued by the Department of Conservation and Natural Resources.
Failure to register your ATV may result in a fine of $300 or be imprisoned for 90 days or both, and costs of prosecution.
A violation of other provisions of the ATV Law is punishable by a fine of no less than $50 or more than $200 plus the cost of prosecution and     for a second offense a fine of no less than $100 or more than $300 plus the cost of prosecution.
 
Enforcement
 
All law enforcement officers in the state, including local and state police, are authorized to enforce the ATV Law.
 
It is illegal to operate an ATV:
 
   1. At the rate of speed that is unreasonable or improper under existing conditions or in excess of the maximum limits posted for vehicular                 traffic;
   2. In a careless way so as to endanger the person or property of another;
   3. While under the influence of alcohol, narcotics or drugs.
 
ATV BILLS PRESENTLY PENDING IN PA 
 
HB 2161
 Trail expansion - requires DCNR to annually open a minimum of 100 miles of trails or roads in State forest lands to ATVs and appropriates $50,000 to carry out the provisions of this act.
 
HB 2181
Would give the legislators the power to allow ATVs on State Game Lands.
 
HB 2243
Eliminates limited registration of ATVs
 
HB 2255     
Requires that a majority of the funds in the ATV registration fund  be used for the development of ATV and snowmobile trails.
Establishes Abandoned Mine Lands to ATV recreational trails program. Requires DCNR to select at least one AML site each  year to convert to an ATV recreational trail. Appropriates $1,000,000 for the fiscal year July 1, 2001, to June 30, 2002, for the purpose of the purchase of abandoned mine lands and their conversion into ATV recreational trails.
Also: Bud George's office has stated that the ATV Fund will not be used for AML clean-up. They intend to use the Bond Fund, as well as State and Federal grants. This includes Growing Greener grants. For clarification on any part of the bill, call  Rep. George's office (717-787-7316).  
 

FROM THE FOREST COALITION -  A TIMELINE OF RESEARCH AND WORK THEY’VE DONE
 
 April, 2000: Puzzled by the announcement that DCNR intended to vastly increase the mileage of ATV trails in State Forests,  the Bureau of Forestry Central Office was contacted, asking if they had any Scientific Studies on the "Effect of Motorized Trails on Habitat" - they had none .   
May, 2000: Using the PA Right-to-Know-Law, all 20 District Foresters were surveyed, compiling a record of  ATV trespass and damage to wetlands, streams, and forest habitat.  Also received were listings of citations for the past three years  (plus anecdotal comments from Rangers and WCO’s, as well as some limited photographic evidence).
 
June 2000: PGC Wildlife Biologist Jerry Hassinger published an article stating that Wildlife watchers support more jobs in Pennsylvania than Bethlehem Steel does nationwide. 
 
July 11 , 2000  DCNR Office of Policy did their own study of ATV trespass in State Forests.  Copies of  the District Foresters’ reports were compared  with the study which was done in May). In this report, DCNR understated the problem. They also failed to send the report to CNRAC.
 
JULY 2000: USFS Press Release re: Illegal ATV trails in ANF
 
August 24 – 25 : An ATV Conference, sponsored by “Allegheny Ridge Corporation”, was held  in State College. 25% of the attendees were  DCNR and Bureau of Forestry representatives.  Pro-ATV State Representatives Mike Haluska  was a  key speaker. 
 
 September 5 :  Rep. Arthur Hershey  held a  Meeting of The House Environmental  Resources Committee. The subject was ATV trails.
Only DCNR, ATV lobbyist Fred Brown, and ATV groups were  invited . 
 
 October 18 : Rep. Hershey reluctantly agreed to convene a second  Committee Meeting, but only 6 people were invited to speak (Audubon, KTA and Sierra Club were forced to share one 15-minute time slot). Richard Martin, representing Forest Coalition, was  able to present  his testimony to the Committee,  but NO ONE WAS INVITED TO REPRESENT HUNTERS, FISHERMEN, TRAPPERS,  PRIVATE LANDOWNERS, WATERSHED GROUPS, CONSERVANCIES, PGC, LAW ENFORCEMENT,  PUBLIC UTILITIES, etc..  That meeting was just the start of a long battle to convince the Legislature to protect our rights, rather than give in to the ATV lobby. The ATV trespass is endemic – including our  State Game Lands, Utility Rights-of-Way as well as  Private Property. Representative Art Hershey has stated that he feels that there is “room for everyone in Penn’s  Woods”. Legislators have drafted new ATV Legislation.
 
October 2000:  Using a map supplied by the Marienville Ranger Station,  many illegal ATV trails on the ANF were located.

October 25, 2000:  CNRAC (the DCNR Conservation and Natural Resources Advisory Council) submitted a Position Statement on ATV use to  DCNR Secretary John Oliver.
 
November, 2000:    While PA Bureau of Forestry has forbidden ATV travel on Forestry Roads (as a safety hazard), some townships  in Mercer, Forest, Venango, Jefferson and Elk Counties have   passed ordinances allowing these unlicensed, uninspected, uninsured motor vehicles to legally travel on their township roads. This is clearly a threat to public safety. 
 
November  2000:   HB 2226, which would have allowed BICYCLE helmets to be legal “safety” gear while riding ATV's died.
 
December, 2000:  According to PennDOT ATV Accident Data,  there were 803 ATV-type accidents on Public Roadways since 1995, and 221 of the operators were under 16 years old.  An investigation is currently underway to ascertain how many miles of Pennsylvania public roadways are open to ATV/OHV travel.
 
January 2001:   New Legislation was introduced as HB 154 (pn 708) , supposedly to regulate ATVs. However, the Senate Transportation Committee added an amendment  allowing ATVs (designed for one person, the driver) to legally carry passengers.
 
February 2001:  PA Medical Society and PA Kids Safe  were enlisted as allies to prevent this amendment from being enacted into HB 154 .  Letters to the editor were written to 14  PA newspapers (c.c. to all Senators & Representatives).
Note: For the past year, State  Representative Mike Hanna has mentioned ATV and motorcycle access to State Game Lands in letters and speeches. There could be no greater threat to habitat than motorized trails in our Game Lands. (at present, PGC restricts ATV access to SGLs to the 389 handicapped hunters with special permits – but there is already much ATV trespass in our State Game Lands. As for the Bureau of Forestry, there are 227 miles of legal ATV trails in our State Forests – and 2,535 miles of illegal ATV trails.   DCNR should be able to say “ATVs do damage; we’re closing the Forests to ATVs.”, but instead they have recognized ATVs as “a valid recreational activity”.  Some Legislators  are willing to  sacrifice the Forests to destruction by ATVs, hoping for some kind of increase in tourism.  An estimated 100 new Forest Rangers are needed to stem the illegal trespass in our State Forests.  HB 154 provides for only 30 new full-time positions. The ATV Restricted Funds can be used for Enforcement, Education and Trails.  The ATV Registration  funds would provide  for  blocking and rehabilitation of the present 2,535 miles of illegal ATV trails on BOF property and other State-owned land.  As HB 154 is presently written, DCNR could grant money from the ATV Fund to other Agencies, such as State Game Lands, to rehabilitate areas damaged by ATV use.
 
March, 2001:  PA Right-to-Know Law requests were  written to John Oliver, including  a request for the District Foresters’  plans for new ATV trails.  DCNR Chief  Counsel Bill Shakely has denied all except information on the names of Townships which had ordered  ATV road signs from DCNR.
 
March 2001: Unconfirmed reports of a “Munson ATV riding area” being developed by BOF.
 
March, 2001:  Newspaper reporters wrote articles about ATVs on Public Roadways.
 
March, 2001:  Senator Robert Mellow introduced SB 590 which would increase fines for Trespass by motor vehicle and allow for confiscation of the vehicle for 30 or 90 days.
 
April, 2001: The  ATV Lobby has devised  a very detailed survey of the “Economic Benefit of ATV Activities in Pennsylvania”. The Lobby realizes that Politicians are more concerned with economics than environment. This study will have credibility because it is being conducted by Lebanon Valley College, Annville PA.
 
April 2001: Josh First (TCF) brokered a 13,000 acre land deal (Litke Tract) between FD 10 And Orviston, PA. Approximately 1300 acres would be for ATVs.  Rep. Mike Hanna is arranging for the County to operate the ‘playground’.
 
May, 2001:   Letters to the editor were published concerning the dangers to children caused by carrying passengers on ATVs. This did not succeed in changing the Senate’s amendment to HB 154 allowing passengers on ATVs.
 
May 2001: Using our  PennDOT information, the Pittsburgh Post-Gazette published an article on ATV injuries & deaths, concentrating on the 29 deaths since 1990 where the drivers of the ATVs  were under 15 years old.
 
May 2001: The Game Commission took action in Luzerne County, citing 43 ATV and off-road motorcycle riders for riding on Earth Conservancy lands. This received extensive publicity.
 
May 2001:  A report from BOF District 10 described a similar “roundup” of ATV riders (involving PFBC and PGF WCO’s, and  a State Police Helicopter). This was not publicized.
 
June 25, 2001: Gov. Ridge signed HB154 into law (Act 68 2001)
 
June 27, 2001:  The FOREST Coalition was represented at a meeting of CNRAC  (the DCNR Conservation and Natural Resources Advisory Council). The entire meeting (entitled “ATV Solutions”), addressed the ATV problem. 
 
July 2001:  An ad hoc Education Committee assembled  a report of suggestions for solving some ATV problems. This report will eventually be published on the DCNR website under CNRAC Reports. http://www.dcnr.state.pa.us/cnrac/index.htm   
 
July 19, 2001:  The Coalition participated in an ATV workshop at the  Biennial Appalachian Trail Conference in Shippensburg.  Jacob Smith of Wildlands CPR and Amy McNamara of AMC moderated.
 
October 29-31, 2001: Pennsylvania Recreation and Park Society  sponsored a Motorized Trail Workshop in Warren, in conjunction with ANF.
 
October 31, 2001:  Rep.Carol Rubley held a hearing on Act 68. Only DCNR and ATV groups were invited.  A protest by FC resulted in a promise of a November 29 hearing “for the other side”.  Hearing was postponed to January 14, then postponed again.
 
November 2001: Forest Coalition joined NTWC (National Trails and Waters Coalition), allying with Wildlands CPR, Sierra, American Lands Alliance, The Wilderness Society, Friends of the Earth, Bluewater Network and 70 other organizations in the national battle against damage to lands by OHVs.
 
November 2001:   Rep. Mike Hanna kept his promise to OHV riders by introducing HB 2161. This bill would require DCNR to open a minimum of 100 miles of new ATV riding areas per year.
 
November 2001:  HB 2181 was introduced (to give the Legislature the power to control any “recreational” use of Pennsylvania Game Commission lands). Although not specifically mentioned, this bill would give the legislators the power to allow ATVs on State Game Lands.
 
November 2001: Rep. Scott Hutchinson introduced HB 2243.  This bill would eliminate the requirement for free lifetime registration for ATVs if the owner claims that he/she will only ride on their own property.
 
November 2001:  Rep. ‘Bud’ George introduced HB 2255. This bill would subvert much of Act 68, forcing DNCR to be involved in the lease/purchase of at least one old coal mine area per year. The Coalition cannot support the legislation in its present form.
 
January 2002 :  Organizational meeting in Mawah N.J. – Planning for an ATV Symposium  to be held in April.
 
The next steps for the FOREST Coalition:
 
1.   Obtain updated reports  from  the individual District Foresters detailing information on  citations, accidents and what is being done to
    block/rehabilitate the 2,538 miles of illegal ATV trails in State Forests.
 
2.    “Follow the money” on the latest ATV trail development projects (applications for funding,  distribution of grants, etc.). The Litke Tract         (North of I-80, between Snowshoe and Orviston) might be the model for  “How to develop an environmentally-acceptable area For ATV             riding” -  or it could turn out to be an ecological disaster. We will be the “Watchdog” on this, and other projects using Abandoned Mine             Lands under Act 68.
 
3.  Publish a “Forest User Conflict Report” *  to distribute to all non-motorized users of the forests (hunters, hikers, bikers, wildlife watchers).         These reports would document ATV trespass and locate illegal riding areas, putting pressure on BOF (Bureau of Forestry) to block and             rehabilitate the 2,538 miles of illegal ATV trails and publicizing the continuing abuse of State Game Lands.
             
* Documents available upon request .   
 Contact  FORESTcoalition@aol.com

WHAT DOES ALL THIS MEAN FOR OUR PARKS?
 
With 1/2 million ATVs in the state of Pennsylvania, and so few legal trails, it’s no wonder out parks are overrun with illegal trails. If we want them out of our parks, they need places to ride legally. The big question is where. That’s what the legislators are sorting out now. Should they be in state parks or game lands? Should DCNR be in the ATV trail business? Or should the ATV owners be creating their own private ATV playgrounds? Where should the money come from? We need to let our legislators know what we think NOW.
 
THE GOOD NEWS
    Act 68  gives us a few new tools we can use in our parks. Most important, ATVs must now have plates and we can use those plates to identify the owners. That is, once we get them to actually put them on the ATVs. Just as important, the registration funds can be used for
enforcement of the laws, so our local law enforcement should be able to purchase ATVs or dirt bikes to patrol the parks with those funds. Right now, 1/2 million ATV owners  in PA have very few legal places to ride, so they are finding places to ride illegally. If they have access to enough legal trails,  and the laws are enforced,  we should be able to get them off the illegal trails in our local parks. HB2243 would eliminate limited registration for owners who claim they only use ATVs on their own property. This sounds like good news to me, all  owners would have to register their ATVs and pay the registration fees.     
 
THE BAD NEWS
    ATV owners have organized and created a powerful lobbying force. The registration fund created by Act 68 was meant to allow private groups to build trails on private lands, and get DCNR out of the ATV trail business.  Some new legislation pending could change this.  
 
HB2161 requires DCNR to open up 100 new miles of trails in state parks every year. This won’t affect Fairmount Park, but it might affect Benjamin Rush, and all other state parks and there are no guidelines or environmental studies required under this bill.  
 
HB2181 would give the legislators the power to open State Game Lands to ATV riders.  This won’t affect our parks, but could be devastating to the environment on these lands,  and for wildlife and hunters.
  
HB2255 would make several changes, mostly bad.
It would require that most of the registration fund be used to create new trails.  This is bad news, it would limit funds available for education and law enforcement. It would also force DCNR to  purchase an Abandoned Mine Land site
and rehabilitate it into ATV trail site every year. This might be a good use for  AMLs, but there are no guidelines yet saying how this would be accomplished, or what the environmental impact would be. Worse for us, there are no AMLs nearby. If all the new trails are on AML sites in central and western PA, we won’t get the after school and after work ATV riders out of our parks. We need ATV trails near Philadelphia too. Also, they plan to use Growing Greener funds to rehab these sites for ATV users.  Somehow, I don’t feel that’s an appropriate use for these funds.