Post by Wyldcomfort on Feb 25, 2007 10:14:32 GMT -5
Dear ,
Thank you for your comments regarding Senate Bill 49. After great consideration and work with industry experts and advocates on this issue, Senator Richard Devlin and I plan to introduce substantial amendments to this bill. As you well know, I signed onto this bill to lend the rural perspective of a small farmer who understands the reasonable uses of ATVs in and around Oregon. In offering these amendments (described below), I tried to weigh the needs of child safety, along with the recreational and industrial users of ATVs and manufacturer recommendations. If I have failed to discuss this duly with you, please accept my apologies. My office receives an average of 200(+) emails and 100(+) phone calls daily along with mass amounts of information on multiple issues.
As originally written, Senate Bill 49 prohibited children under the age of 12 from operating all ATVs. It restricted the operation of ATVs by children 12 to 15 years of age based on vehicle engine displacement. It also prohibited the sale of ATVs for use by a child less than 12 years of age or for the use of children age 12 to 15 in violation of engine displacement limitations. As written, Senate Bill 49 carried a penalty of a class D traffic violation including a $90 fine. It also directed the State Parks and Recreation Department to produce and provide safety information to retailers and requires retailers of all-terrain vehicles to distribute safety information to buyers of all terrain vehicles.
The amendments offered will read that this bill will only apply to Class 1 all-terrain vehicles and the regulations would be limited only to land open to the public. Exemptions have been included for farming, agriculture, forestry, nursery, and Christmas tree growing. The age limit for which children will be prohibited from operating a Class 1 ATV will be reduced from 12 years of age to 8 years of age. Children ages 8 to 12 may operate an ATV under 70cc, children ages 12 to 16 may operate an ATV 90cc or less, and children ages 16 and older may operate an ATV over 90cc. Note this is below the recommended industry standard (explained later in this letter). We have carefully tried to weigh the rights of the individual and safety of children on ATVs in drafting these amendments. I have included information on recommended industry standards and information regarding ATV accidents; I hope you will read through them. Frankly much of the information was new to me.
Oregon is not the first state to attempt to regulate ATV rider-ship. Currently, eleven states prohibit children under certain ages from riding ATVs; five of those states prohibit children under the age of 12 to operate an ATV. The Specialty Vehicle Institute of America (SVIA), an industry supported group based in Irvine, California and sponsored by Arctic Cat, Bombardier, Bush Hog, Honda, John Deere, Kawasaki, Patriot, Polaris, Suzuki, Tomberlin, and Yamaha, has created Model State ATV Legislation. Their recommended legislation prohibits those under the age of 16 operate an adult size ATV. The recommendation also requires that youth size ATVs (engine capacity 70 cc up to and including 90 cc) are only allowed to be operated on public land by those age 12 and older.
Let me also talk about the history behind the bill and the medical statistics for which it is based. Senate Bill 49, submitted at the request of Safe Kids Oregon, was introduced to protect children from unnecessary injury or death. As a family physician, I have treated numerous ATV related injuries that could have been prevented with the proper precautions. Between 1999 and 2005, 62 Oregonians died from riding all terrain vehicles, children under the age of 16 accounted for 17 of those deaths. Nationally in 2004 (most current year officially reported), there were 130 deaths in children and 44,700 emergency room treated injuries. Since 2001, the number of children seriously injured while riding ATVs has increased by 18 percent. The single highest cause of ATV related deaths to children under age 16 is a result of crush injuries from rollovers; even safety gear could not have prevented their deaths. These rollovers are commonly caused by children riding adult size ATVs. A study published by the Journal of the American Academy of Pediatrics reported that in 2001, 87 percent of all children who were injured were riding adult size ATVs.
The Oregon Trauma Registry shows that between 1998 and 2005, 544 children aged 1-18 received traumatic injuries, resulting in an average cost of $23,000 for in-hospital care for each visit. A study released February 16, 2007 by Oregon Health and Science University finds a 76 percent increase in patients injured in off-road vehicle accidents. This was also published in the February issue of the Journal of the American College of Surgeons. Additionally, the Registry recorded 1,200 injuries from off-road vehicles between 1998 and 2003 from which 62 percent of those patients were injured while riding an ATV, 20 percent of which occurred in Jackson County alone. The study compares data from the first three years (1998-2000) to the second three years (2001-2003), and found a 78 percent increase in injuries. Deaths increased from four to 10 during the same time periods. More than 70 percent of patients injured required hospitalization.
The study further states that 50 percent of patients in the OHSU registry sustained a head, neck, or face injury. After comparing injuries from the first four years (1998-2001) with the injuries from the second four years (2002-2005), OHSU found that twice as many patients required care for severe injuries, including a sevenfold increase in the number of spine operations. This is particularly worrisome given the lifelong disability associated with these types of injuries. In both the OHSU and Oregon Trauma registries, more than 20 percent of the injuries were in children younger than 15. It’s important to note that only seriously injured patients treated in Oregon’s designated trauma centers are included in this analysis, and the deaths of riders that occurred at the scene are not included. I also recognize that most children’s activities run an inherent risk. I have received many comments that bicycles are much more dangerous than ATVs. A ten year study done in Canada reported that ATV related hospitalization and fatality rates were six and 12 times higher, respectively, than injury and deaths on bicycles. Studies have also shown that the hospitalization rate for children injured while riding an ATV is about 12 percent, which is more than twice the rate for all age groups for all consumer product-related injuries treated in hospital emergency rooms.
Currently the Senate Bill is in the Senate Committee on Business, Transportation, and Workforce Development. Senate Bill 49 is one of five bills introduced relating to ATVs. The Oregon State Parks Department, at the request of the Governor, is sponsoring four additional bills in relation to ATVs. The State Parks bills include passenger restrictions, mandatory titling, and mandatory safety training for all Class I and Class III operators, and mandatory helmets for all riders. Senate Bill 49 is in the early phase of the legislative process. For many bills, the end form is very different then the original bill that was drafted.
Rest assured that my staff and I have considered the massive amounts of letters and research on this issue while also speaking with ATV industry experts, advocates, and individuals. In addition, you and I both know the likelihood of this being enforced is very small. In our area of the state, law enforcement in the areas used by ATVs is essentially nonexistent. The impending loss of O & C funds for public safety means the likelihood of enforcement is next to nothing. For organizations such as the MRA, who already make great attempts to ensure safety and environmental safeguards and who also pay for public safety officers, means this legislation is little more than an attempt to create public awareness to those who do not recognize the responsible use of ATVs.
I encourage you to follow Senate Bill 49 and continue to partake in the legislative process. I would be happy to hear any comments you may have on suggestions to further draw a compromise on this bill.
With Kind Regards,
Dr. Alan Bates
Thank you for your comments regarding Senate Bill 49. After great consideration and work with industry experts and advocates on this issue, Senator Richard Devlin and I plan to introduce substantial amendments to this bill. As you well know, I signed onto this bill to lend the rural perspective of a small farmer who understands the reasonable uses of ATVs in and around Oregon. In offering these amendments (described below), I tried to weigh the needs of child safety, along with the recreational and industrial users of ATVs and manufacturer recommendations. If I have failed to discuss this duly with you, please accept my apologies. My office receives an average of 200(+) emails and 100(+) phone calls daily along with mass amounts of information on multiple issues.
As originally written, Senate Bill 49 prohibited children under the age of 12 from operating all ATVs. It restricted the operation of ATVs by children 12 to 15 years of age based on vehicle engine displacement. It also prohibited the sale of ATVs for use by a child less than 12 years of age or for the use of children age 12 to 15 in violation of engine displacement limitations. As written, Senate Bill 49 carried a penalty of a class D traffic violation including a $90 fine. It also directed the State Parks and Recreation Department to produce and provide safety information to retailers and requires retailers of all-terrain vehicles to distribute safety information to buyers of all terrain vehicles.
The amendments offered will read that this bill will only apply to Class 1 all-terrain vehicles and the regulations would be limited only to land open to the public. Exemptions have been included for farming, agriculture, forestry, nursery, and Christmas tree growing. The age limit for which children will be prohibited from operating a Class 1 ATV will be reduced from 12 years of age to 8 years of age. Children ages 8 to 12 may operate an ATV under 70cc, children ages 12 to 16 may operate an ATV 90cc or less, and children ages 16 and older may operate an ATV over 90cc. Note this is below the recommended industry standard (explained later in this letter). We have carefully tried to weigh the rights of the individual and safety of children on ATVs in drafting these amendments. I have included information on recommended industry standards and information regarding ATV accidents; I hope you will read through them. Frankly much of the information was new to me.
Oregon is not the first state to attempt to regulate ATV rider-ship. Currently, eleven states prohibit children under certain ages from riding ATVs; five of those states prohibit children under the age of 12 to operate an ATV. The Specialty Vehicle Institute of America (SVIA), an industry supported group based in Irvine, California and sponsored by Arctic Cat, Bombardier, Bush Hog, Honda, John Deere, Kawasaki, Patriot, Polaris, Suzuki, Tomberlin, and Yamaha, has created Model State ATV Legislation. Their recommended legislation prohibits those under the age of 16 operate an adult size ATV. The recommendation also requires that youth size ATVs (engine capacity 70 cc up to and including 90 cc) are only allowed to be operated on public land by those age 12 and older.
Let me also talk about the history behind the bill and the medical statistics for which it is based. Senate Bill 49, submitted at the request of Safe Kids Oregon, was introduced to protect children from unnecessary injury or death. As a family physician, I have treated numerous ATV related injuries that could have been prevented with the proper precautions. Between 1999 and 2005, 62 Oregonians died from riding all terrain vehicles, children under the age of 16 accounted for 17 of those deaths. Nationally in 2004 (most current year officially reported), there were 130 deaths in children and 44,700 emergency room treated injuries. Since 2001, the number of children seriously injured while riding ATVs has increased by 18 percent. The single highest cause of ATV related deaths to children under age 16 is a result of crush injuries from rollovers; even safety gear could not have prevented their deaths. These rollovers are commonly caused by children riding adult size ATVs. A study published by the Journal of the American Academy of Pediatrics reported that in 2001, 87 percent of all children who were injured were riding adult size ATVs.
The Oregon Trauma Registry shows that between 1998 and 2005, 544 children aged 1-18 received traumatic injuries, resulting in an average cost of $23,000 for in-hospital care for each visit. A study released February 16, 2007 by Oregon Health and Science University finds a 76 percent increase in patients injured in off-road vehicle accidents. This was also published in the February issue of the Journal of the American College of Surgeons. Additionally, the Registry recorded 1,200 injuries from off-road vehicles between 1998 and 2003 from which 62 percent of those patients were injured while riding an ATV, 20 percent of which occurred in Jackson County alone. The study compares data from the first three years (1998-2000) to the second three years (2001-2003), and found a 78 percent increase in injuries. Deaths increased from four to 10 during the same time periods. More than 70 percent of patients injured required hospitalization.
The study further states that 50 percent of patients in the OHSU registry sustained a head, neck, or face injury. After comparing injuries from the first four years (1998-2001) with the injuries from the second four years (2002-2005), OHSU found that twice as many patients required care for severe injuries, including a sevenfold increase in the number of spine operations. This is particularly worrisome given the lifelong disability associated with these types of injuries. In both the OHSU and Oregon Trauma registries, more than 20 percent of the injuries were in children younger than 15. It’s important to note that only seriously injured patients treated in Oregon’s designated trauma centers are included in this analysis, and the deaths of riders that occurred at the scene are not included. I also recognize that most children’s activities run an inherent risk. I have received many comments that bicycles are much more dangerous than ATVs. A ten year study done in Canada reported that ATV related hospitalization and fatality rates were six and 12 times higher, respectively, than injury and deaths on bicycles. Studies have also shown that the hospitalization rate for children injured while riding an ATV is about 12 percent, which is more than twice the rate for all age groups for all consumer product-related injuries treated in hospital emergency rooms.
Currently the Senate Bill is in the Senate Committee on Business, Transportation, and Workforce Development. Senate Bill 49 is one of five bills introduced relating to ATVs. The Oregon State Parks Department, at the request of the Governor, is sponsoring four additional bills in relation to ATVs. The State Parks bills include passenger restrictions, mandatory titling, and mandatory safety training for all Class I and Class III operators, and mandatory helmets for all riders. Senate Bill 49 is in the early phase of the legislative process. For many bills, the end form is very different then the original bill that was drafted.
Rest assured that my staff and I have considered the massive amounts of letters and research on this issue while also speaking with ATV industry experts, advocates, and individuals. In addition, you and I both know the likelihood of this being enforced is very small. In our area of the state, law enforcement in the areas used by ATVs is essentially nonexistent. The impending loss of O & C funds for public safety means the likelihood of enforcement is next to nothing. For organizations such as the MRA, who already make great attempts to ensure safety and environmental safeguards and who also pay for public safety officers, means this legislation is little more than an attempt to create public awareness to those who do not recognize the responsible use of ATVs.
I encourage you to follow Senate Bill 49 and continue to partake in the legislative process. I would be happy to hear any comments you may have on suggestions to further draw a compromise on this bill.
With Kind Regards,
Dr. Alan Bates