by Dan Nitzel, NOHVA Business Manager

Two legislative bills were proposed in this years Unicameral. One deals with mandatory titling of ATVs and dirtbikes and one makes provisions to allow for the registration of ATVs on all public roads and highways. Both of these bills were discussed extensively at our annual meeting.

LB-333

Details - If enacted, LB-333 would require the titling of new ATVs and mini-bikes (dirtbikes) sold in Nebraska after January 1, 2004. The purpose of the bill is to develop a statewide database of machines to control theft. It would also redefine the near 20 year old legal definition of ATVs to reflect the characteristics of the new machines. The bill will allow for government recording of liens filed against machines purchased under credit. There are no provisions for recreational trail users.

Background - The bill is a result a complaint by Adams County Board Member Larry Woodman after having two ATVs stolen from his farm. Both units were recovered.  I have been in contact with the bills author Senator Carroll Burling of Kenesaw to amend his bill so that Nebraska’s bill could be like Iowa's title law for ATVs that includes $5 of each title to be deposited into an ATV and dirtbike trail fund. However, the author of LB-333 Senator Burling has told me that he is not interested in helping our state's recreational ATV and dirtbike riders.  ATV and dirtbike owners would not be required to pay personal property taxes on their vehicles with this bill. There is no requirement for insurance or helmet use.

NOHVA remarks on LB-333 - As decided upon at the annual meeting in Columbus on Feb. 1, our organization is opposed to this bill UNLESS it contains an amendment to include $5 of the titling fee to be used for a Nebraska trail fund. Members are encouraged to contact their state senator and ask that they vote against LB-333 in it’s current form unless it contains an amendment to allow $5 of the title fee to be channeled into a trail fund for ATVs and dirtbikes.

Bottom Line on LB-333 - What this means to you is that you will be REQUIRED to title your new and maybe used ATV and dirtbike, with NO BENEFIT for the recreational users. Two NOHVA members, Kirk Bodie and Dan Nitzel testified against the bill asking that the bill be defeated unless it was amended to include the $5 trail fee on Monday, Jan. 27th.  It was pretty clear that the committee showed little sympathy for our cause.  If this is passed in it's current form WITH OUT our recommended amendment, future trail development and maintenance of existing trails in Nebraska will most likely NOT HAPPEN. Considering the committees reaction to our need for ATV and dirtbike trails in Nebraska, and considering the near total lack of response in the past from state senators to ATV and dirtbike riders asking for trails in the past, don't look for any kind of funding for ATVs and dirtbikes in Nebraska AGAIN. 

LB-700

Details - If enacted, LB-700 would allow for the titling and licensing of ATVs for recreational use on public roads and highways. Riders would be required to have a drivers license or an ATV operators license. ATVs registered under LB-700 would be required to have wind shield, and operators must wear a helmet and carry automobile type insurance for their ATV. Property taxes would be paid the same as an automobile, and would range from $25 to $75 per year, not including plate fee’s, etc. There are no provisions for recreational trail users. Local government agencies such as cities, towns, villages and counties can determine where ATVs and be ridden and could totally prohibit their use. It is not known if machines used for agricultural are exempt from the registration program.

NOHVA remarks on LB-700 - This bill was discussed briefly at the annual meeting. General consensus concerning the bill is that allowing ATVs on roads and highways for recreation is concern for safety and may reflect poorly upon the sport. I thought the bill had some merit, but Chris Didamo voiced opposition against it. As time was short, there was no further discussion.

Personal remarks and observations on LB-700 - The bill is rumored to be the result of an ATV rider from Lincoln requesting some place to ride. As of this writing, I am confirming these details. It is my opinion that LB-700 is a start in the right direction and I support it with several important changes. License plates, instead of stickers are the way to go. We have been working toward some kind way to fund trails for ATVs for some time now. The Nebraska Game and Parks Commission have made it clear that they do not want to have anything to do with developing an ATV and dirtbike trails program. The Nebraska Department of Motor Vehicle (NDMV) have been somewhat more receptive to the idea. A big sticking point with the NDMV is with the method of registration identification. Many states have a sticker to prove registration. Some have plates. The Nebraska motor vehicle registration system is based on license plates. Law enforcement and counties are used to a system based on license plates. A sticker program through the NDMV would be totally different from a license plate based system and would be very difficult to counties and the state to manage. The Game and Parks Department would best be suited to a sticker program as they have several sticker/stamp programs in place. But Game and Parks do not want to mess with motorized recreation. The bill calls for an ATV class license. I would recommend that the license be based upon a training program, such as the ATV Safety Institute (ASI) program. Training would be free for many ATV owners. The part allowing for passengers needs to be eliminated unless the machine is specifically designed for two passengers. New machines are being introduced by Bombardier and Arctic Cat that are specifically designed for two passengers. A trail fee MUST be added to the registration.

Bottom Line on LB-700 - What this means to you is that IF YOU wanted to operate your machine on roads or highways for recreation in Nebraska, you can do so if you get a license, a wind shield, have the proper equipment, wear a DOT approved helmet, have insurance, and if your local county or city government does not prohibit it. While I would be very surprised if the bill would pass, but if it does get out of committee, we need to submit our input into the bill. If you like the bill, contact your state senator and let them know! If you don’t like it, let them know that too.

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This page was updated on Wednesday, January 19, 2005