Presque Isle ATV/UTV Ordinance Q&As
Q&As REGARDING THE PRESQUE ISLE ATV ORDINANCE
How old must ATV riders be to ride on PI town roads? — Wisconsin permits ATVs to be operated on public roads by drivers age 12 -15, provided a parent is nearby (say, in a nearby ATV). See p 29 of the DNR ATV Booklet https://widnr.widen.net/s/r57n2bmj5t
By passing the ordinance with no exclusion for young drivers, it appears drivers as young as 12 may lawfully drive ATVs on all PI town roads once the PI ATV ordinance comes into effect.
Do all ATV riders have to have a license? All ATV operators at least age 12 and born on or after January 1, 1988 must possess a valid ATV safety certificate issued by this state or any other state or province.
Does the PI ATV Ordinance allow the disabled and elderly any greater access to PI woods and lakes?—No. The PI ATV/UTV ordinance addresses only town roads. It opens all town roads to ATVs and UTVs. The ordinance is silent on any other use of ATVs and UTVs. Because all PI town roads are already fully open to cars and trucks, the PI ordinance gives no one any greater access to woods, lakes and other wild spaces than they already enjoy by car or truck.
Is the new PI Ordinance a compromise? -- No. The essence of a compromise is a give and take between two groups. There is no evidence that the PI ATV ordinance was discussed with anyone but ATV advocates. There is no evidence the draft ordinance was made available to anyone other than the group that drafted it (whoever that was) until very shortly before the June 3 meeting at which it was adopted. Moreover, it seems the ordinance imposes no material restriction of any kind on ATV/UTV riders. If the ordinance is a compromise, it is not at all clear what the compromise is. It appears whoever drafted the ordinance gave ATV/UTV operators about the broadest rights permitted under Wisconsin law.
Will there be enforcement of the ordinance? — the town of PI town constable, the Vilas County Sheriff’s dept and the Wisconsin DNR wardens will be responsible for enforcement. Only the PI Constable could possibly be in the right place at the right time due to the size of Vilas County.
What are statistics on ATV fatalities nationally? "The majority of accidents and injuries are caused by misuse of the ATV. Ninety-two percent of ATV-related fatalities involve behaviors that the industry warns against in its rider education programs, in all literature and on ATV/UTV labels. These behaviors include children riding adult-sized ATVs, operating on paved roads, operating without a helmet or other protective safety gear, carrying passengers on single-rider ATVs and operating under the influence of alcohol." From https://svia.org/opposition-to-on-road-use/ SVIA is Specialty Vehicle Institute of America which includes ATV manufacturers as members.
What are the statistics on ATV fatalities in Wisconsin? - - There have been 16 fatal ATV incidents in Wisconsin(alcohol indicated in 7) as of June 14, 2021. In 2020 there were 38 ATV fatalities (alcohol indicated in 14) in Wisconsinand in 2019 there were 22 Wisconsin ATV fatalities (alcohol indicated in 14). See https://wxow.com/2021/04/05/medical-monday-atv-utv-trends/
Are ATVs more dangerous than boats or snowmobiles? - - The Wisconsin DNR’s annual reports on motorized recreation shows 574 fatalities from 2011 to the present. Of those deaths, ATV/UTVs accounted for 229 (40%); boats, 184 (32%); and snowmobiles, 161 (28%).
Does Wisconsin law require new ATVs and UTVs to be quiet? - No. The governing Wisconsin statute permits ATVs and UTVs to operate at 96 decibels. Harley Davidson motorcycles come off the assembly line at 80 decibels. Wisconsin State Statutes 23.33 states in relevant part, “Section 6m-- Noise limits. No person may manufacture, sell, rent or operate an all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that noise emitted from the vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.”
Can PI Enforce laws regarding how loud ATVs and UTVs are? - - Legal ATVs can be loud (96 db). Given that there are strictly governed procedures and equipment for testing allowable noise levels, it is not clear how PI can enforce the 96 db noise limit. The town constable would have to be in the right place at be right time to ensure enforcement. Also, what equipment exists in PI for determining noise levels?
Does every PI Business support the new ATV/UTV ordinance? - - Though this has been stated, we simply do not know if it is correct. The PI Town Board would not agree to conduct a public survey, yet apparently someone surveyed businesses. Where is the data? Who conducted the survey? Did the survey include anyone but business owners?
Do ATVs/UTVs have to be registered in Wisconsin? - - You are required to register your ATV as an ATV and your UTV as a UTV if you plan to ride on any public land in Wisconsin. Registration must be completed within 10 days of the purchase of the ATV or UTV. If you purchased from a dealer, they have 5 days to submit the registration. Note that, should your ATV meet all the definition of an ATV except it is too heavy and/or wide, it can be registered as a UTV. Small ATVs and UTVs must also be registered. Upon registering your ATV or UTV, you will receive a temporary operating receipt that you must carry with you while riding until you receive, by mail, your two registration decals. You are required to display a decal on each side of your ATV or UTV, in front of the operator, in a place where they are visible to law enforcement. (https://atvman.com/wisconsin/)
Do ATVs need a license plate? - - After you register your ATV or UTV in Wisconsin, you are required to attach a license plate to the rear of the ATV or UTV, unless you obtained a private registration. Unfortunately, this plate is not included with your registration, and you must either construct your own plate or purchase one. The license plate must be at least 4 inches high and 7 1/2 inches wide. It must be white in color and display in black characters the four-number and two-letter registration ID you were issued for the ATV or UTV. The characters must be at least 1.5 inches high with a minimum brush stroke of 3/16 of an inch wide. https://atvman.com/wisconsin/)