The Free Press, Mankato, MN

Local News

February 12, 2009

Cornish wants ATVs to be road legal

By Mark Fischenich

Drivers of all-terrain vehicles would be able to get out of the ditch and onto certain roads under legislation being pushed by Rep. Tony Cornish.

Cornish said he’s trying to help owners of ATVs, highly popular in rural areas like his district, which stretches from just south of Mankato to the Iowa border. The former Department of Natural Resources conservation officer said the change would also reduce damage the vehicles can cause to ditches.

“We’re trying to get the environmental people to back it by getting (ATVs) out of the ditch where birds are nesting,” said Cornish, R-Good Thunder.

The machines have also been accused of ripping up the sod in ditches, particularly during wet periods, contributing to erosion problems. Blue Earth County Public Works Director Al Forsberg once broached the idea of more tightly regulating ATV use in certain county ditches, but he’s a bit gun-shy on the issue after that experience.

“The first thing you have to recognize is a good fraction of the county population owns ’em. I found that out fast,” Forsberg said, laughing. “A lot of people own them, including commissioners.”

For now at least, he’s inclined to stay out of the fight.

“They really don’t do that much damage except in the spring when the ditches are soft and wet and when there’s a lot of them,” Forsberg said. “... It’s a problem, but it’s under control.”

Cornish’s bill would actually only deletes two words — “class 2” — from existing law. Class 2 ATVs, which weigh between 900 and 1,500 pounds, are allowed to ride on the shoulder or far-right side of county and township roads. The change would open it to all ATVs.

While Forsberg doesn’t plan to get involved, Cornish — the Lake Crystal police chief — expects some of his colleagues in police or sheriff’s departments to object.

“We know we’re going to get some kick-back from some law enforcement,” he said.

Blue Earth County Sheriff Brad Peterson said he likely won’t object, although he has one important condition.

“As long as they’re road-equipped — lights, blinkers, brakes — I guess I wouldn’t have a problem with it,” Peterson said.

Cornish hasn’t lined up a sponsor for the bill in the Senate yet, and its prospects in the House will probably depend on his ability to get it added to a larger bill dealing with ATV-related laws. The chairman of the House Environment Policy Committee prefers to deal with all the issues in one bill rather than a host of separate bills, Cornish said.

But Cornish believes state law needs to give ATV riders more options because the popularity of the machines means they’ll be used somewhere.

“This just makes sense,” according to Cornish. “They have wheels, they should be on roads.”

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