It's legal to drive ATVs in Hickman

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By ALGIS LAUKAITIS / Lincoln Journal Star

All-terrain vehicle or ATV owners can now ride in Hickman thanks to an ordinance passed recently by the City Council.

City Administrator Brett Baker said the law, which took effect Sept. 4, allows people to drive ATVs within the city limits if they meet certain requirements. They must:

* Wear a helmet or hardhat.

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Phil Goering uses his Polaris Scrambler ATV to travel around Hickman. New ordinances in Hickman and other towns are allowing ATV ridership in their communities with laws requiring helmets, a flag, proof of insurance and working headlights. (Heidi Hoffman)

Phil Goering uses his Polaris Scrambler ATV to travel around Hickman. New ordinances in Hickman and other towns are allowing ATV ridership in their communities with laws requiring helmets, a flag, proof of insurance and working headlights. (Heidi Hoffman)

* Carry a driver’s license to show to a city official or law enforcement.

* Have proof of liability insurance for the vehicle.

* Display a visible marker such as a bicycle safety flag or electric strobe/flashing beacon.

 Baker said the City Council passed the ordinance at the request of some Hickman residents, as well as farmers and ranchers. Like many agricultural communities, Hickman was seeing more people riding ATVs as a way to save on gas.

“This was a good way for them to be regulated but we put in further stipulations,” Baker said. “There was hardly anybody against it.”

The City Council went a step further and also addressed utility transport vehicles or UTVs and mini pickup trucks like those used on golf courses. Baker said those types of vehicles must meet the same operational criteria as ATVs.

Hickman resident Phil Goering said he rides his ATV not to save on gas but mostly to haul grass clippings to the dump, errands to the grocery store and just for recreation.

  “I take advantage of it,” the 42-year-old Goering said, adding that he likes the ordinance and the helmet requirement.

  In 2007, the Legislature passed LB307 which allows towns and cities to set rules for ATVs within their limits, including banning them. Under state law ATVs can be used on rural roads but are prohibited on state highways.

In addition, ATVs can be used only during daylight hours.

Sandy Powell, city manager for Chadron, said she would like to see that changed in state law because it makes it more difficult for people who use ATVs for snow removal.  As it stands now, ATV owners have to use a trailer if they want to move their ATV’s to another parking lot when they’re pushing snow and it’s dark outside.

A contingent of people who use ATVs for commercial snow removal urged the Chadron City Council to pass an ATV ordinance. It took effect June 12.

 “Actually, it’s going pretty well here,” Powell said. “I think the biggest complaint on the law we passed is we didn’t require helmets.”

At the time, Powell said, the City Council felt that ATV drivers did not need to wear helmets, but a lot  of people called in afterward, asking why they weren’t required to wear helmets.  Only one ATV accident, resulting in minor injuries,  has occurred since the ordinance was passed.

Powell said she doesn’t think the City Council will revisit the helmet issue. However, she said, now some people are pushing for the city to add UTVs and mini pickups, something the ATV ordinance does not address now. She would like to see those two types of vehicles added because they could help reduce the city’s fuel costs.

In addition to Hickman and Chadron, Alliance, Hemingford, Crawford, Scottsbluff and Fairbury have adopted ATV ordinances, officials say, and Bridgeport and Kimball are considering  such regulations. There could be more communities, but no official surveys have been done.

Gary Krumland, legal counsel for the League of Nebraska Municipalities, said his group does not track how many communities in the state have passed ATV ordinances, but based on the interest it’s fairly extensive.

“A lot of communities could have adopted something without us knowing about it,” Krumland said. “We’ve had dozens of calls since the state law was passed.”

Asked if the ATV industry was pushing communities to adopt such laws, Krumland said he doesn’t know and hasn’t heard that speculation. He said an industry representative provided informational testimony at the legislative hearing. He said the escalating price of gasoline spurred on the issue.

“It wasn’t like they were really pushing it,” he said. “I think in some smaller communities, some people felt that this is a way to get around without using a car. It’s also handy for some work.”

Alliance passed an ATV ordinance this summer at the urging of citizens, many of whom work for the railroad and are involved in agriculture, said City Manager Pam Caskie.

 ATV owners there are required to obtain a special permit from the city if they want to operate such vehicles in the city, she said.  They can go almost anywhere except on certain highways and heavy commercial areas. Drivers also must have proof of insurance, a tall bicycle flag  and a driver’s license.

“The biggest problem we’ve had is people were putting their small children on them,” Caskie said.  Concerned about safety, city officials have banned passengers from ATVs, even those that have an extra seat.

Fairbury City Administrator  Joseph Parker said the City Council passed an ATV ordinance this summer. It allows ATV owners to drive their vehicles within Fairbury’s limits from sunrise to sunset, providing they have a bicycle safety flag, valid driver’s license and liability insurance.  And they can’t exceed 30 mph. He said there have been no problems.

“People seem to ride them near the sides of the roads and not in the middle and seem to be careful,” Parker said.

 Fred Zwonechek, administrator of the Nebraska Office of Highway Safety, said the liability insurance requirement is an important aspect in ATV ordinances.

“Some of these ATVs are not small … they can do property damage in a collision with another vehicle,” he said.

  Zwonechek said ATV-related fatalities have increased over the last five years because more people are using them,  legally and illegally.

At least 555 people, including 111 children, died riding all-terrain vehicles in 2006, according to  the Consumer Product Safety Commission, citing national figures.

 Zwonechek said most ATVs are for off-road use and have tires that are not designed for hard surfaces. They also are difficult to see because they have a low profile. He urged motorists to scan the road for ATVs in the same way they would for motorcycles.

“If the community allows them, it certainly is incumbent on other motorists to begin to look for them,” Zwonechek said.

Reach Algis J. Laukaitis at 473-7243 or alaukaitis@journalstar.com