Municipalities concerned about increased use of ATVs on streets, highways

The use of four-wheelers and all-terrain vehicles on public highways and municipal streets is becoming a major issue throughout Avoyelles Parish.

At its April 2 meeting, the Plaucheville Village Council stood by its recently adopted ordinance banning the unlicensed motor vehicles on village streets, warning a man who is opposed to the law that he would be ticketed if he dared to drive one in Plaucheville.

All of the parish’s municipalities have had concerns about the use of ATVs and golf carts as transportation on public streets. The towns note that many driving these vehicles are underage, don’t have a valid driver’s license and/or operate the vehicle in a reckless manner.

Jordan Rabalais approached the Plaucheville council about the ATV ordinance, arguing that his ATV is legal because it is a piece of farm equipment and has a license plate, registration and seat belts.

Rabalais, who lives about three miles from Plaucheville, said he drives the vehicle to Plaucheville to conduct farm-related business. He often brings his family, including a child who has to be buckled in a car seat.

Mayor Terryl St. Romain said the municipality’s major concern about 4-wheelers on town streets is the liability it poses for Plaucheville.

“This is about protecting Plaucheville,” the mayor said. “It is illegal to ride those vehicles on the streets of Plaucheville, according to our ordinance.”

Councilman Craig Gremillion said four-wheelers and ATVs are going on private property without permission and causing damages, which has upset those landowners. state law

According to La. RS 32:299, off-road vehicles not specifically designated for road use may travel on the shoulders of public roads and highways -- except interstate highways -- solely for the purposes of farm-related activities within a five-mile radius of a farmer's farm. The driver must have a valid Class “E” driver's license and have a copy of a motor vehicle registration on his person or in the vehicle to prove that he owns at least one vehicle engaged in the business of farming as defined in R.S. 47:462.

That law also provides that a person who does not own another farming vehicle must carry a sworn affidavit attesting that he is engaged in the business of farming as described by state law.

La. RS 32:299.3 requires any ATV on public roads or streets to have at least minimum safety equipment, including headlights, front and rear turn signals, tail lights, stop lights, reflex reflectors on each side as far to the rear as practical and one red reflector on the rear of the vehicle, an exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror, a parking brake, an adequate windshield, a windshield wiper, speedometer, odometer, braking for each wheel, a seat belt assembly installed at each designated seating position and a vehicle identification or serial number.

A person operating an ATV must be at least 21 and possess a valid driver's license. The number of occupants is limited to the number of available seat belts.

The owner must also have at least the state minimum auto liability insurance.

A key provision of the law states that the statute does not “prevent parish or municipal governments from prohibiting the operation of any utility terrain vehicle on any parish road or municipal street under its jurisdiction if the parish or municipal government determines that the prohibition is necessary for the safety of the motoring public.”

GOLF CARTS

Rabalais asked about golf carts, noting the mayor drives a golf cart around the streets of Plaucheville.

“Golf carts are allowed on designated streets in Plaucheville, but not on state highways,” St. Romain said.

State law prohibits golf carts on public roads or streets unless the local governing board designates the road or street for use of golf carts. If the parish or municipality makes such a designation, it is supposed to post signs indicating golf carts are allowed on the street or road.

The law requires any golf cart operated on a parish road or municipal street to be equipped with efficient brakes, a reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices on the front and rear of the vehicle. It must also have headlights, front and rear turn signals, tail lights and brake lights.

The golf cart would also have to be registered with the state Office of Motor Vehicles as an off-road vehicle and display an OMV-issued decal.

Golf cart operators must have a valid driver’s license and at least the state minimum liability insurance.

Local governments can enact more stringent requirements on golf carts than those contained in the state law, but must post appropriate signs and notify its residents that such an ordinance exists and will be enforced within its jurisdiction.

TICKETS WILL BE ISSUED

Police Chief Henry St. Romain said a golf cart or ATV can cross a state highway in a straight line without running afoul of the ordinance. However, he noted State Police troopers are enforcing the laws concerning their use on state highways.

“I admit we may have been lax in enforcing the use of utility terrain vehicles in Plaucheville,” the police chief continued. “We will be enforcing it stricter from now on because of the liability issue to Plaucheville. We will be writing tickets.”

Mayor St. Romain also pointed out that state law allows municipal employees and officials to use golf carts and ATVs to do work and inspect areas around town.

The discussion became tense when the mayor told Rabalais the village was not changing the ordinance and Rabalais retorted that he “will do what I have to do.

“There seems to be different standards between golf carts, four-wheelers and utility terrain vehicles.”

OTHER MUNICIPALITIES

Most municipalities in the parish don’t have an ordinance preventing the use of four-wheelers, golf carts and ATVs on municipal streets.

Bunkie Mayor Mike Robertson said there is a city ordinance that bans all four-wheelers, golf carts and utility terrain vehicle on city streets.

However, he added, if the vehicle is “street legal” and meets all requirements in the state law, the vehicle would be allowed.

Bunkie City Judge Digger Earles said he hears cases concerning four-wheelers and dirt bikes being illegally operated on city streets. Those convicted of the offense are fined. If they are minors, the parents must pay the fine, which is $175 plus $98.50 in court costs, for a total of $273.50. Fines are increased for subsequent violations.

Earles noted an accident in Gold Dust, outside of Bunkie, last year when a four-wheeler struck a vehicle on a parish road. The driver of the four-wheeler was killed and two children riding on the four-wheeler were seriously injured.

Marksville Mayor John Lemoine said if golf carts meet the state standards to be driven on a city street they are allowed in Marksville. However, four wheelers and ATVs are not allowed on the city’s streets.

A few years ago, Marksville Police investigated a serious accident where a car struck a golf cart crossing the highway. Two people were seriously injured.

Cottonport Mayor Scotty Scott, Mansura Mayor Kenneth Pickett, Hessmer Mayor Travis Franks and Moreauville Mayor Timmy Lemoine all said there is no ordinance banning four-wheelers, golf carts and side-by-sides in those municipalities. They also noted the police departments closely watch how those types of vehicles are used on the public streets.

Franks said most of Hessmer’s public roadways are state highways and thus governed by state law.

Pickett said golf carts and ATVs are allowed in parades held within Mansura.

Scott said the police department and town council members have received many complaints over the years concerning the use of four-wheelers and ATVs on the town’s streets.

The biggest problem comes during the summer months, when some of the vehicles have been impounded.

“If they are on the streets illegally, the police department stops them and could impound the vehicle,” Scott said. “Each case is different but most of the time they are given a warning. However, if the person continues to ride the unregistered vehicle they will be ticketed. We just want our streets to be safe.”

Moreauville Police Chief Scott Lemoine said that village doesn’t have a major problem with ATVs, “but when we do, it’s young children riding on public streets.

“We stop them, call the parents to pick up the children and the vehicle,” he continued. “We may also issue a ticket for operating an unsafe vehicle.”