New ATV Laws

[bradleyj]

Has anyone given any thought to how the new ATV laws that were recently enacted will affect their use while ice fishing?  Do you now need to wear a helmet all the time while on the ice or just at state-owned access areas?  Same question for VASA trail access decals.

https://www.islandpondatv.com/new-atv-laws

https://legislature.vermont.gov/Documents/2020/Docs/BILLS/H-0942/H-0942%20As%20Passed%20by%20Both%20House%20and%20Senate%20Unofficial.pdf

By my interpretation, it looks like helmet use is required anyplace where your ATV needs to be registered, so this would include on the ice.  The TAD appears to only be required on public lands (in addition to public roads and the VASA trail system) so it MAY not be needed on the ice, but of course if you use a public access to get on then you need it for that.

I don't mind the helmet requirement so much, but the TAD requirement is outrageous.  If you're not using VASA trails then why should you need to shell out for VASA membership and TAD??

[Raven71]

I've spoken with Law Enforcement about this. Yes, the law now requires a helmet to be worn while using an ATV out on the ice as well needing a VASA decal.  I find it ridiculous that we have to pay for a VASA decal when we will not be using VASA trails.

[bradleyj]

Read what Rep. Savage says about the TAD requirement in this article:

https://www.miltonindependent.com/colchester/news/rules-change-for-atv-riders/article_ede05087-edfe-5eb0-9d8e-ae7d5b1de43f.html

Contact your legislator!

[lowaccord66]

Depending on where you fish I think it will be highly unenforceable. 

[Obi96]

Needing a TAD sticker on a frozen body of water seems like an overreach to me. Cynical me says it was thrown in to generate additional $$. Also, reading the reason for needing the law, Could not the same be thinking applied to bicyclists using the roads? I mean, Fair is fair.

[Fish4me]

What is our $45.00 registration for? Isn’t the  justification for that fee to maintain access areas, etc.? I’m going to try to use my E bike to pull my one-man shanty this year and not use the ATV.

[themooser98]

  So after reading this posting I contacted my Grand Isle Legislator (Leland Morgan) to let him know what I thought of the new atv laws. He informed me of an amendment that should please all us ice fishermen.

  Bill H.969 pages 354 & 355 amend Bill H.942 if you can find. In short the exceptions are VASA Registration and Trail Access Decal TAD along with protective headgear is not required when operated on a frozen body of water.

  Thanks for clarifying Lee!

[Gunflint]

  So after reading this posting I contacted my Grand Isle Legislator (Leland Morgan) to let him know what I thought of the new atv laws. He informed me of an amendment that should please all us ice fishermen.

  Bill H.969 pages 354 & 355 amend Bill H.942 if you can find. In short the exceptions are VASA Registration and Trail Access Decal TAD along with protective headgear is not required when operated on a frozen body of water.

  Thanks for clarifying Lee!

Wow!!!!! A reasonable politician,I thought that was an oxymoron....

[Fish4me]

https://legislature.vermont.gov/Documents/2020/Docs/ACTS/ACT154/ACT154%20As%20Enacted.pdf

Pages 235-236

[bradleyj]

The intent of these amendments is exactly what we're looking for.  However, the exemptions in the amendments miss a very important detail.  Parking/access areas used to get on and off the ice are not covered by these exemptions.  Law enforcement would have no choice but to enforce both the TAD and helmet requirements on people unloading/loading ATVs at boat ramp and other parking areas.  The only way around this I can see would be to drive out onto the ice to unload, or back down to the edge, like launching or hauling a boat.  Doable, but definitely a PITA.

I just checked with VASA and these amendments were enacted during the fall session, so it is what it is.  Hopefully, LE will enforce based on the intent of the legislation rather than the letter of the law.  Time will tell, I guess.

[VTMTB]

The intent of these amendments is exactly what we're looking for.  However, the exemptions in the amendments miss a very important detail.  Parking/access areas used to get on and off the ice are not covered by these exemptions.  Law enforcement would have no choice but to enforce both the TAD and helmet requirements on people unloading/loading ATVs at boat ramp and other parking areas.  The only way around this I can see would be to drive out onto the ice to unload, or back down to the edge, like launching or hauling a boat.  Doable, but definitely a PITA.

I just checked with VASA and these amendments were enacted during the fall session, so it is what it is.  Hopefully, LE will enforce based on the intent of the legislation rather than the letter of the law.  Time will tell, I guess.

This was exactly my thought, we'll have to see what LE does in those situations where people are loading/unloading and driving from vehicle to water. Given that lawmakers couldn't possibly intend for you to use helmet buy a trail pass just to go 100' to the water from your truck; to do so makes the amendment pointless.