“There is nothing wrong with this OHV ordinance,” said commissioner Larry Don Suckla. “We live in a rural place because we have more freedoms. When you want people to regulate you to death, then move closer to the cities, and that is what you’ll get.”
The ordinance allows OHVs to travel on all green-signed county roads. They are prohibited on state and federal highways unless for use under Colorado’s agricultural exemption law.
Drivers must adhere to all traffic laws, have a valid driver’s license and carry insurance. The vehicles must have a muffler, along with a tail light and a head light. OHV registration is not required, however it was noted that insurance companies may require that.
“Traffic laws still apply,” said county attorney John Baxter. “You can’t drive under the influence, speed or drive recklessly.”
OHV traffic violations would be a Class 2 petty offense punishable by a fine up to $1,000.
Commissioner Keenan Ertel had suggested considering requiring helmets and eye protection, but the restrictions were not added to the ordinance. Flagging is also not required.
In Colorado, motorcycle riders under 18 must wear a helmet, and all riders are required to wear eye protection.
Nothing in the ordinance prohibits use of OHVs for agricultural purposes, granted under Colorado law. Under that exemption, farm workers, including those under 16, are allowed to drive OHVs on public roads.
“It does not change ag use at all,” Baxter said.
At a public hearing Monday, seven citizens spoke in favor of the new ordinance, and the sheriff expressed safety concerns.
In response to requests from the audience, the OHV speed limit of 35 mph was changed to the posted limits, with a maximum of 50 mph.
“Going too slow impedes traffic; that creates a traffic hazard,” said David Hansen. of Mesa Verde Motorsports. “Keeping it to the posted speed limit avoids confusion. We get visitors from Arizona and Utah who know what it is like to be on the road,” with OHVs.
Sheriff Steve Nowlin expressed reservations about the ordinance as written. He would have preferred the issue be studied further and that OHV travel be allowed only on designated routes.
Nowlin contacted Rio Blanco County, which passed OHV use for designated routes that access public lands. He said they have had few problems.
“However, in Mesa County, it is every road (for OHV use), and they are having conflicts when it comes to traffic interference and crashes,” he said.
Manufacturers point out that OHVs are for off-highway use only, Nowlin said. One reason is that their gripping treads can cause loss of control for inexperienced riders, especially on pavement.
“I’m concerned about them exceeding the speed limit. I don’t want to see anyone get hurt because of this ordinance,” Nowlin said.
OHVs on the road will increase enforcement costs, Nowlin said, and create challenges for deputies.
“How will my deputies be able to differentiate between a 12-year-old going to irrigate a field and somebody operating on the public road under this ordinance?”
Nowlin encouraged the ordinance be re-evaluated from time to time to deal with problems that come up, and the commissioners agreed.
The commissioners did not add helmet and safety glasses regulations to avoid confusion because those protections are not required OHV agricultural exemption
“I commend the commissioners for securing our rights,” said Debbie Boyd. “I believe in personal responsibility. I don’t need someone telling me to wear glasses. If I don’t where a helmet let me deal with the consequences.”
Added Suckla, “I believe that government should do things that make it easier on citizens.”
jmimiaga@cortezjournal.com