By Carl Jackson, Founder of Sedona.biz
Sedona, AZ- Mayor Scott Jablow is proposing a new off-highway vehicle (OHV) safety ordinance that makes it a violation if a motor vehicle is unsafe or is not equipped as required by state or federal motor vehicle standards or is not approved by the manufacturer to be operated on a highway. Sounds reasonable, right?
That’s why I was perplexed when I read a recent article entitled “Mayor pushes OHV ‘safety’ ban for Sedona” published by the Red Rock News that characterizes the proposed OHV ordinance as “a back-door ban.”
Everyone cares about the safety of those riding in thousand-pound off-highway vehicles with no airbags or turn signals, right? How about OHVs on public roads with tires labeled “not for highway service?”
In a memo published by the National Highway Traffic Safety Administration on June 3, 2022, the NHTSA says, “there are no [Federal Motor Vehicle Safety Standards] that apply to UTV or ATV tires, because UTVs and ATVs are not manufactured for use on public roadways.” Federal Motor Vehicle Safety Standardsare divided into three categories: crash avoidance, crashworthiness, and post-crash survivability.
And what if the manufacturer states in its certificate of origin “THIS OFF-ROAD VEHICLE IS NOT INTENDED FOR, AND MAY NOT BE REGISTERED FOR, ON-ROAD USE?”
These questions aren’t idle speculation, they are true for many OHVs being driven on Sedona roads today.
Rather than applaud the efforts of our mayor and city council, the RRN instead chose to reference a “dormant Commerce Clause [that] prohibits local authorities from imposing undue burdens on interstate commerce…” and a 2016 Arizona statute that permits…the attorney general’s office to investigate any local ordinance that [allegedly] violates state law or the Constitution of Arizona.
Fortunately, this doesn’t apply if the local authority is pursuing a legitimate local interest or imposing an ordinance relating to the control and movement of traffic. Arizona Revised Statute 28-1174 A.1. further states that “a person shall not drive an off-highway vehicle with reckless disregard for the safety of persons or property.”
Luckily for Sedona we haven’t had any fatal OHV accident on our roads, yet.
Mayor Jablow and the city council want to keep it that way.
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20 Comments
Not to mention that the ATV’s have no bumpers. Imagine what will happen when normal highway vehicle hits one of these ATV’s on the street. No fatalities have happened YET. It is only a matter of time.
Anyone that has driven an ATV on the roadway knows they are inherently unsafe. Not only do they not have the safety features of a highway vehicle, they “float” when driven at high speeds. The tires and suspension are not suited for high speeds on paved roads. You can feel the disconnect. There is a feeling in your gut that the vehicle does not have the capability of making quick maneuvers on the highway for accident avoidance. There is a reason that the manufacturers state that these vehicles are not suited for highway driving.
The ATV rental companies are in strong opposition to the Mayor’s proposed ordinance. This is clearly about money, not for the concern of public safety.
No surprise that Fox Graham is in opposition to the ordinance. His primary support is for businesses that provide ad revenue, not public safety or welfare. Fortunately, a majority of the Sedona citizens ignore his rants.
This means Rob and Carl, that there will be dozens and dozens of off road vehicles being trailered in and out of Broken Arrow everyday. Guaranteed. This makes the problem worst for the residents. Hatefully taking peoples jobs does not work either.
Thankyou, for reporting on this Carl.
Unfortunately there are many who do not care what risks are inherent in many aspects of life. From motorcycle helmet laws to common sense gun laws people do not care what the risks are statistically they only care about themselves and some very very very dated laws and Articles of the Constitution that absolutely need to be brought up to date.
Most people do not obey common sense driving rules, regulations and laws. It is extremely rare that drivers have the courtesy to use their turn signals so other drivers can have a clue as to what they are doing. People all over the world drive as if they are on the Autobahn or on a NASCAR circuit.
And Law Enforcement has pretty much given up on covering the freeways and highways because they lack the funding and or personnel to do so. People see this and take advantage of it. Fortunately every so often one of them gets caught but not frequently enough.
Back to the story- so if people drive cars like idiots it’s only a given that they will do so as much if not more in a “super cool” ATV/OHV with little to zero off road drivers training or experience. And where these people tend to act foolishly there might be a Law Enforcement Park Ranger or Deputy Sheriff on patrol somewhere within 20 square miles of them. So basically ATV/OHV drivers are free to do whatever they want and wherever they wish to do it.
At least Sedona PD can ensure they aren’t doing so on 89A or any other city streets. The other governing bodies here such as BLM and the National Park Service have to do their part in further restricting access to sensitive wilderness areas and stricter enforcement of posted speed limits and safe vehicle operation on dirt roads and jeep trails.
The ATV/OHV rental companies should be required to GPS tag and track all rentals at all times. Every vehicle they rent should have vehicle flags that are assigned one color each company and each and every vehicle should have clearly visible block letter rental company name, contact number and individual vehicle ID number so that when people witness wreckless driving or a vehicle in off limits areas they can be identified and reported properly.
It’s time to return to a Sedona that is friendly to BOTH tourists and residents. Off road vehicles should not be rented for on road use.
With it’s strong pro-business pro-tourist bias, the Red Rock News is increasingly irrelevant to the concerns of local residents. Again and again, we see how the drive for ad revenues distorts balanced reporting. It’s all about money.
I have to agree with Mr. Jackson – OHV/ATV’s have NOT been through the rigorous testing that automobiles, SUV’s and trucks have been. The auto’s, etc… have been crash-tested (remember the crash-dummy videos) to PROVE they are safe for the occupants in T-Bone crashes, for instance. Currently, there seems to be federal or state statues that can help us here.
We are one T-Bone accident away from a foreseeable disaster – and, I applaud our Mayor, Scott Jablow, and the City Council for stepping up for us to avoid such tragedy. How many times do we have to endure such problems – not any more… we have a pro-active City Council that wants to make things happen. That is why we voted them into office, right?
This is a SAFETY issue for both our citizens and our valued visitors who want to enjoy the beautiful Sedona environs. To say or imply anything else is simply cynical and off-base.
Thank you, Richard. The U.S. Consumer Product Safety Commission (CPSC) regulates ATVs, and they clearly state that ATVs should never be driven on paved roads. Also, in a study done by the Consumer Federation of America entitled “ATVs on Roadways: A Safety Crisis”, they state that the ATV tires are low pressure and knobby to make them effective off-road but then they don’t interact properly with the paved road surface. They also state that “tipping risk” is greater due to the narrow wheelbase and higher center of gravity which make them prone to rollover risk on paved roads.
I don’t know about Federal laws that can help, but I do know that OHV’s are street-legal in Arizona, and a city law will only apply to city streets, not state or federal highways, which is not to say don’t pass on, but realize the practicality of enforcement and the fact that the state says they are street-legal, so complain to your state legislators.
You are right on point Sandy. The city got no legal leg to stand on considering the only thing it can control are OHVs riding through city-owned streets. They got “nada” to force those vehicles off of S.R 89A or S.R. 179 and the city will lose its a** off in court when they get sued.Then there is the cruelty of the city destroying all those long-standing businesses and peoples’s jobs should it prevail. And another tax-income stream for the city will be wiped out. These people on the council, especially the mayor, are drunk with power and thank God for the Red Rock News exposing them for the backwards thinkers that they are.
Mary Ann Wolf, We’re supposed to care about “destroying all those long-standing businesses” those same businesses that are sucking the life out of our beautiful red rocks? Sure they pay sales tax but they didn’t exist to this amount until 2018. We did fine back then and we can do fine in the future.
Sandy, thanks. The manufacturers, ATV trade association, and CPSC all say not to drive ATVs on paved roads. The federal laws don’t have safety standards for ATVs & UTVs because they aren’t defined as motor vehicles because they aren’t intended to drive on-road.
As for state law it simply lists the equipment and decal/licensing requirements required to be street legal, there isn’t even an ATV test like they have for motorcycles to get licensed. Under ARS 28-626(b)(3) it states that a local authority “Shall adopt ordinances or regulations relating to the control and movement of traffic, including parking or standing ordinances or regulations that provide for the imposition of civil penalties on the violation of the ordinance or regulation.”
I think this is clearly within Sedona’s jurisdiction including the portions of 89A & SR179 that are within Sedona.
OHV’s are only street legal on street legal tires. I would bet 99% os those running the Sedona Streets are NOT on street legal tires.
Easy solution, make a $5000 dollar fine if OHV’s are cited in Sedona City limits with off highway tires. Then make a safety inspection traffic stop. Easy Peasy !
Trust me the word will spread fast.
Mary Ann Wolf, We’re supposed to care about “destroying all those long-standing businesses” those same businesses that are sucking the life out of our beautiful red rocks? Sure they pay sales tax but they didn’t exist to this amount until 2018. We did fine back then and we can do fine in the future.
So here is another way to look at it. In the last 4 days of driving up and down 89A, I witnessed the following. 1.-Three ATV’s passed me doing well over 40-45 mph between Airport Rd and Ace Hardware. They were weaving in and out of traffic and driving in the bike lane whenever possible. 2. Another time an ATV was pulling out of Deer Trail Drive, didn’t stop for the stop sign and swung into 89A in front of me without stopping and sped up to go several blocks to turn right onto another street. 3. As I was proceeding home another day, I turned on Dry Creek Road and as I was trying to turn into my subdivision, three ATV’s came the opposite way and must have been going close to 35-40 mph (speed limit 25mph) around a “blind curve” on Dry Creek. Also, we have have several instances of ATV’s on Kachina Drive (city road) driving through the neighborhood and were found parked at a STR in the subdivision. In the case of the first three noted instances, the possibility of a serious crash existed in all cases. Additional note, several of the ATV’s had families and younger children in them adding to the possibility of serious injury to occupants. Didn’t witness where or how the drove in off-road, but if example is an indication; as many have noted above, it is “just a matter of time” before RRN can print another story on an ATV accident.
Thank you, Robert. The mayor wants to remove ATVs & UTVs from Sedona roads because they are unsafe, even the manufacturers and industry groups say they shouldn’t be on the roads. From what I understand there isn’t even a driving test to get an OHV license in Arizona – simple things like knowing hand signals because UTVs don’t come pre-equipped with turn signals. He is not banning them from Sedona. OHV renters & owners can still trailer them to the motorized trails, they’ll just be off public roads. He’s protecting the health, safety, & well-being of the public which is his duty.
The ATV companies should be required to truck all daily rentals out to the trailheads prior to 7:00 AM and not bring them back until after 7-8:00 PM so as not to hinder traffic flow during peak traffic periods. They should also be required to stay in the slow lane at all times so there is a way around them.
@Mary Ann Wolf, what about the cruelty inflicted on the hundreds of Sedona residents that need to deal with extremely loud, obnoxious UTVs disturbing their daily lives in their own neighborhoods with noise, clogging traffic, and driving dangerously? The rental company’s shouldn’t have built a business based on destroying everyone else’s quality of life and the environment, The Red Rock Rag always manages to ignore the stories about visiting families that get into ATV/UTV accidents and are helicoptered off to the Emergency Room in Flagstaff. The Mayor’s new legislation will save many families from future tears.
While reckless driving and the deterioration of our natural lands is important, I understand that the mayor is concerned about our safety, plain and simple. As Mr Jackson noted above, if these vehicles are found to be unsafe on public roads by the OHV industry, them they are unsafe, PERIOD! Thank you Sedona Mayor for finding this important information and doing something creative with it.
Sad for locals that abide by all rules, actually enjoy the area we moved too, are legally licensed etc. both for trail and street, turn signal equipped but without a trailer. We can no longer drive our vehicle to our off road destination when family comes to town to visit to see the ruins etc. on our loops.