Nebraska ATV License?

By Dan Nitzel, NOHVA Business Manager and Co-founder

          Why is it so hard to get a law passed that makes atvs street legal in Nebraska? South Dakota has a great law. Can Nebraska make one similar to theirs?

          Great question from Justin Wilde in Omaha.  After trying to get legislation passed in Nebraska where we can try to raise some funding for new ATV and dirtbike trails, my take on this is that it’s a rural-urban conundrum.  Some of these takes are not very pretty, but this is what the senators hear and think when  they investigate the issue. 

          What I mean by this conundrum is that basically urban and rural state senators see our use of these machines as a “problem” in several ways.  

          Recreational ATV and dirtbike riding is generally viewed as a nuisance to most law enforcement agencies.  Riders often trespass, and riders often cause un-necessary work for law enforcement. 

          The use of recreational ATVs and dirtbikes are opposed by environmentalists, safety advocates and hiker and bicycle trail advocates. 

          Environmentalists see us as demons from hell on wheels.  We tear everything up, guzzle fuel and kill wildlife. 

          Safety advocates only see the bad side of our sport, the times when riders are stupid. 

          Hiking and bicycle trail advocates see us a threat to their trail systems as they ferociously do not want us to have access to existing hiking and bicycle trails.  It is suspected that they do not want us to have funding for trails of our own.  Why do hiker and bicycle advocates have opposition to funding of ATV and dirtbike trails?  Because most hiker and bicycle advocates are also staunch environmentalists.  Additionally, if no trails projects are planned or exist, the state and federal government cannot spend RTP trail funds that we paid on trails for us.  Federal gasoline taxes that Nebraska’s ATV and dirtbike riders pay are refunded back to our state via the Recreational Trails Program (RTP).  These funds are to be used for motorized trails.  If these funds are not spent on ATV, dirtbike or other motorized trails, then the funds are forfeited to the hiking and bicycle trails. 

          Hiker and bicycle advocates are very influential people in Nebraska state government.  ATV and dirtbike riders have no influence and are viewed more or less as a nuisance in Nebraska state government.  Additionally, it’s no secret that the top management in the Nebraska Game and Parks Commission, the state agency who has been charged with managing our state’s recreational resources, do not wish to have their agency managing any kind of motorized recreational trails in our state.  I think their reason is obvious, if trails for ATVs and dirtbikes in Nebraska exist, they may have to contribute to the management of these trails at some time and their budget is lean now. 

          Most rural state senators see no need for the licensing and registration of ATVs in Nebraska as rural ATV riders have free reign to travel nearly any where now on rural roads and highways.  As allowed by state law, farmers and ranchers can ride an ATV nearly anywhere if they are doing farming and ranching work.  In reality, if you live in a rural setting and if no one complains, kids and adults can ride about anywhere as there are not a lot of law enforcement around and they often look they other way when they see it anyway. 

          If a law is passed where a license is required to operate an ATV on a public road in Nebraska, then that would be considered a financial hardship to farmers and ranchers.  They already have free roam now, why should they pay for it?  Any kind of licensing and registration program would be strongly opposed by farm groups such as the Farm Bureau, Cattlemen’s Association, ranchers and irrigators and most likely some insurance companies.  These groups are extremely powerful voices in our state government.  As in the past, they would block any effort for an ATV licensing or registration program. 

          One important attitude that both urban and rural state senators have is that people who purchase an ATV or dirtbike should take it upon themselves to have a place to ride them before they purchase at machine.  They think that it is not the state’s responsibility to find the a place to for them to ride after they purchase a machine.

          In some areas of the nation, many local courts and law enforcement agencies are considering the riding of ATVs and dirtbikes on private land without permission such a problem that trespassing on these machines is being classified as a criminal activity and ATVs are being confiscated from trespassing owners.         Another thing to consider that the fact that the ATV manufactures do not support the licensing of ATVs in any state.  Most fatalities involving ATVs occur on roads, so in the interest of not being sued they don’t support licensing that allow the use of ATVs on public streets and roads. 

          But one of our biggest handicaps is the lack of help we have in lobbying for effective legislation in Nebraska to benefit recreational ATV and dirtbike users.  Right now, our organization simply does not have the funding or the man power to effectively convince state senators that there is a demand for new places for us to ride.  All of our existing man power is tied up with keeping our existing areas open and serving our members.   Nebraska has no motorcycle and ATV dealers association.  Generally, only a handful of Nebraska ATV dealers are willing to become involved in advocating the establishment of new trails and OHV parks.   However, I do believe that it is very possible to assemble an effective plan to create new places to ride if there are enough ATV and dirtbike rider and retailer volunteers who are willing to step forward to help.

          We did have a state Senator last year who did see our problem of having not enough places to ride.   Senator Ron Raikes of Lincoln did try to get a bill passed where a small registration fee would be paid by ATV and dirtbike riders.  But the bill was soundly defeated in committee. 

          So can you ride a licensed ATV from another state on Nebraska streets and roads?  While it is allowed in some towns, the answer is no.  Nebraska state law specifically states that an ATV cannot be used public streets or highways unless used for agriculture, utility use, law enforcement or in a parade (with permission).  If you try to ride an ATV licensed and plated from South Dakota or any other state on roads or streets in Nebraska, and you are not a specified user (agriculture, utility use, law enforcement, or in a parade), you will be breaking Nebraska state law.  Riders in Nebraska with machines plated and licenses in another state need to remember that Nebraska state law supersedes the laws of other states, and that means that you can’t ride them here on streets and roads. 

          In fact, under state law, technically we are breaking a state law or two riding our ATVs and dirtbikes at all the areas we now ride, like at the Headworks OHV Park and at the Sutherland OHV Park.  Even all the private moto-cross tracks that now exist most likely are technically violating one or another state law.  But so far, state and local law enforcement are allowing us to ride at these areas.  On Federal lands like at the Nebraska National Forest and at Harlan County Reservoir, federal laws generally supersede state law. 

          Does NOHVA support an ATV registration and licensing plan?  Only if the state will allow existing areas to ride to remain open (it seems like they want them closed now) and if a portion of the license fee is used to maintain off-road trails.  He have proposed legislation that would allow local government sub-divisions to allow non-licensed and un-plated limited use of ATVs and dirtbikes on local streets and roads for recreation like some other states allow.  This could help towns that are close to recreational trails offer services to recreational trail riders. 

          So, does that mean that Nebraska will never pass an ATV licensing law?  In all reality, it’s not  likely but not impossible.  If you support such legislation, you should consider contacting your state senator to see if they interested in helping us out!  Want more guidance?  Contact a NOHVA officer or my office.  Maybe we can get this thing to fly! 

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This page was updated on Monday, February 19, 2007