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The Honolulu Advertiser
Posted on: Monday, May 5, 2008

ATVS
Measure on illegal ATV use advances

By Will Hoover
Advertiser Wai'anae Coast writer

Hawaii news photo - The Honolulu Advertiser
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The state Department of Land and Natural Resources could soon have the muscle it needs to combat a problem that has plagued Wai'anae Coast residents, pedestrians and motorists for years: Illegal all-terrain vehicles tearing along beaches, roadways and wilderness areas.

A bill giving DLNR enforcement officers the power to issue criminal citations, arrest violators and even confiscate ATVs has passed both chambers of the state Legislature and needs only Gov. Linda Lingle's signature to become law.

People "shouldn't have to be constantly looking over their shoulders and worrying about being mowed down by an ATV," said state Sen. Mike Gabbard, D-19th (Kapolei, Makakilo, Waikele), who wrote and introduced SB 1891 last year after getting complaints about ATVs and reading news reports about the difficulties authorities were having with illegal ATV activities.

While the recreational vehicles are popular on the Mainland, which has plenty of wide-open spaces in which to ride, the three- and four-wheel ATVs have presented a problem on O'ahu, where it's only lawful to operate them on approved private land, or at the Kahuku Motocross Park. Otherwise, the vehicles are prohibited from entering any public land or road.

That hasn't stopped ATV owners from riding them in public on the Wai'anae Coast where authorities in the past have said their hands were tied because ATVs aren't regulated, don't fit any clear definition and officers are hard-pressed to deal with more serious crimes.

Beginning this year, Wai'anae police adopted a new strategy of treating ATVs on public roads as they would any other car or truck — issuing tickets to ATV operators for driving an unlicensed, unregistered vehicle. In several instances police even confiscated ATVs.

William Aila, DLNR harbormaster for the Wai'anae Boat harbor, cheered the bill's passage and said he hoped it would become law.

He said with the addition of several DLNR enforcement officers last year and the prospect of more this year, DLNR officers could join the police in dealing with the issue.

"It would be good for the beaches on the Wai'anae Coast because of the damage ATVs have done to native plants and cultural burial sites, not to mention the noise pollution and safety hazards they cause," said Aila.

If Lingle signs the bill, DLNR officers would be able to issue citations to ATV operators that could result in fines of $500 to $2,000. The bill would also give enforcement officers the power to ticket for other violations, such as setting unpermitted fires and illegal camping.

The governor has until July 8 to sign the ATV bill.

Reach Will Hoover at whoover@honoluluadvertiser.com.