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The Honolulu Advertiser
Posted on: Saturday, August 19, 2006

Calls grow louder for ATV safety regulations

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — The death of a 13-year-old who was thrown from an all-terrain vehicle in Ka'u on Thursday was the 11th death of an ATV rider in Hawai'i in the past four years.

The toll has some lawmakers saying the state should require helmets or impose other safety requirements on users of the popular vehicles.

State Rep. Josh Green said he plans to introduce a bill to require underage ATV riders to wear helmets, and House Judiciary Chairwoman Sylvia Luke said she wants to hear bills next year to enhance the safety of riders, particularly children.

"I think we need to do something," Luke said yesterday. "It's crazy that we're letting especially young people put their safety in jeopardy.

"Over the years we looked at different types of safety laws, including seat-belt laws, car-seat laws and restricting kids from riding in the backs of pickups. It seems like we need to go further than that because it's a dangerous condition. If we save even ... one person, it's worth it."

Kamanuwai Waiwaiole, of Mark Twain Estates, died Thursday from injuries he suffered in an all-terrain vehicle crash in the Discovery Harbour subdivision in Ka'u.

Big Island police said three ATVs were moving "at a high rate of speed" at the intersection of Kahiki Street and Wakea Avenue when Waiwaiole rear-ended one of the other ATVs as it slowed down.

Waiwaiole was thrown from the vehicle, and was pronounced dead at Ka'u Hospital at 10 a.m. Police said he was not wearing a helmet. A 12-year-old Discovery Harbour boy who was operating the other ATV was not injured, police said.

ATVs are illegal on public roadways in Hawai'i, but their use on private property is essentially unregulated, said Green, a doctor who works in emergency rooms in Kohala and Ka'u.

In the past 18 months, Green said he has seen one injured ATV rider who shattered a leg, another who suffered a severe arm injury, and another with a lacerated liver from an ATV accident.

"I see a lot of injuries on these vehicles, and they threaten fatality, too, often because there's no protection at all," said Green, D-6th (Kailua, Keauhou).

"What we're in essence doing is we're giving kids license to drive a motorcycle-esque vehicle without any protection or laws, and it's very dangerous."

There were no accurate estimates available on how many ATVs are in Hawai'i, but there are thousands on the Big Island alone, said Dan Walton, owner of Kona Suzuki Motor sports. Walton said he recommends helmets, boots and other safety equipment, and said most buyers want those items when they buy an ATV.

Walton said the vehicles offer a positive outlet for many youngsters, and parents often tell him they use the enticement of a weekend ride on the family ATV as leverage to get teens to meet their school or family obligations.

However, Walton said there is a need for more legal, adult-supervised places for youths to ride and race, and said he knows of no official course on the Big Island to teach safety to ATV riders. He said that kind of course is needed, and he would be willing to provide space for such a program.

He also said parental supervision is a major issue. Walton said he often sees youngsters riding on the roads without safety gear or adult supervision.

Police and ATV enthusiasts agree the vehicles have become much more popular in the past five years, with police saying they frequently ticket ATV riders on public roads. Police have also been particularly concerned about parents who pack young children on the vehicles.

ATV-related deaths and injuries have been rising nationally since 1997, according to a report published by the Consumer Product Safety Commission.

From 1982 through 2004, there have been 6,494 ATV-related deaths nationally, including 2,019, or 31 percent, that involved children under age 16.

There were 52,800 ATV-related injuries in 1997, and the number rose each year after that until hitting a 22-year high in 2004 with 136,100 injuries, 44,700 of which involved children under age 16.

In 1980, there were 2.9 million ATVs in use, according to the Motorcycle Industry Council, a number that has increased to 6.9 million, according to the Specialty Vehicle Institute of America.

"The sheer number of ATVs now in use requires the commission to periodically review these vehicles in light of the deaths and injuries to their drivers and passengers," said Thomas H. Moore, a safety commission member, in remarks released in October 2005.

"The estimated number of four-wheel ATVs in use has grown by 3.8 million from 1998 to 2004 to nearly 7 million vehicles. This compares to the less than half a million in use when the commission first addressed ATVs back in 1984. These numbers are staggering and, considering these increases, the necessity for further action by this federal government agency is now beyond compelling.

"I am particularly concerned with the deaths and injuries to children under 16. Most of these are occurring on adult-sized ATVs. I believe many parents look at these rather squatty-looking four-wheel vehicles and have no idea of the skill or strength it takes to ride them or of the consequences when a several-hundred-pound machine flies up in the air and lands on a child. In many of these situations, there is no safety gear available that can save the child from being crushed to death."

Several states, such as Alaska, Wisconsin and New York, have entertained bans on ATVs.

Advertiser staff writer Peter Boylan contributed to this report.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.