The bill also provides funding for the creation of additional public recreation trails in state areas.

Who owns the land?

Ohio Farm Bureau’s Beth Vanderkooi said Farm Bureau is very pleased with the outcome of House Bill 2. “By putting real teeth into Ohio’s APV trespass law we have created a good first step. However, there is more work to be done, and we realize that this will not solve every problem related to ATV and snowmobile trespass,” she said.

Much of this work includes educating the public that farmland is not parkland. “This is especially important when individuals move from urban and suburban areas into more rural areas of our state. Many people do not realize that they cannot just stroll around a field or through a neighboring woods because it is private property,” she said.

She said there are a variety of reasons — potential crop or soil damage and safety issues for example — why people should not trespass in rural areas.

The best option is to contact the landowner and ask permission to ride, she said.

Photos by iStockphoto.com/KKIDD/LUGO/SAMIphoto/NickR

no trespassing

Story by Lynn Snyder

Over the years, there has been a growing conflict between rural landowners and some Ohioans seeking a place to ride recreational vehicles such as all terrain vehicles, snowmobiles, minibikes and trail bikes. Although many riders are responsible outdoor enthusiasts, riders who are on land without permission should note there are new laws in effect that increase the penalties for trespassing and require licensure/registration.

Updating Ohio’s laws to target all purpose vehicles (APV) that are on land without permission has been part of Ohio Farm Bureau’s official policy for several years, and the Ohio Farm Bureau board of trustees identified it as a priority issue for the 128th General Assembly.

“One complaint that we frequently hear from farmers is that APVs do extensive damage to crops and fields. For example, an all terrain vehicle will damage a crop by killing the plant, but a snowmobile can also damage lands by creating ruts in a field,” said Ohio Farm Bureau Director of State Policy Beth Vanderkooi. “Unfortunately, it is difficult to identify and pursue those involved in APV trespass because they currently are not marked with licenses or other identifiable markings, even if someone is caught ‘in the act.’”

Farm Bureau’s hard work came to fruition this spring with the passage of House Bill 2, which went into effect July 1. Farm Bureau worked with legislators such as Rep. Sandra Harwood, D-Niles, and individuals from the Ohio Department of Natural Resources and Ohio Department of Public Safety to get the organization’s provisions adopted as an amendment to House Bill 2, the Transportation Bill, Vanderkooi said. In addition to increased penalties for ATV trespass (including vehicle forfeiture) and mandated licensure/registration for off-farm or nonagricultural use, the bill also provides funding for the creation of additional public recreation trails in state areas.

Below is a summary of the new law, according to Ohio State University Extension:

• Criminal trespass with APVs — Criminal trespass is the entering or remaining on another’s land without permission or privilege, and is a fourth degree misdemeanor punishable by a fine of up to $250 and jail time of up to 30 days. Under the new law, when a person commits criminal trespass using an APV, a court must double the fine. Where a person is convicted three times of criminal trespass using an APV, the court may also impound the registration and license plate of the vehicle for at least 60 days.

• Registration fees — The new law increases the registration fees for APVs, snowmobiles and off-highway motorcycles from $5 to $31.25 for the three-year registration period. The registrar may retain up to $5 of the fee and must deposit the remainder into the state treasury for the state recreational vehicle fund, which also receives amounts from fines issued under the law. Purposes of the fund include enforcing and administering laws regarding registration and operation of snowmobiles, off-highway motorcycles, and APVs; purchasing additional land to provide trails and other areas for such vehicles on state-controlled land and waters; and providing safety programs.

• Registration exceptions — Ohio law currently requires registration of APVs, snowmobiles and off-highway motorcycles, with a few exceptions. One exception has been where an owner operates an APV on land owned or leased by the APV owner. The new law removes this exception for APVs, but not for snowmobiles and off-highway motorcycles. The law creates a new registration exception for APVs: an owner does not have to register an APV that is used primarily on a farm as a farm implement. As a result of these changes, a landowner using an APV on his or her own land is exempt from the registration requirement only if the land is a farm and the APV is used primarily for farm uses. The law also increases the penalties for operating an unregistered APV, snowmobile or off-highway motorcycle to no less than $50 and no more than $100.

• License plate requirements — The new law requires operators of APVs to display a license plate and validation sticker rather than a registration number after July 1, 2010. An owner must display the license plate so that it is “distinctly visible” and in accordance with rules to be adopted by the Bureau of Motor Vehicles (BMV). After an owner obtains a license plate, the BMV will issue a new validation sticker to display on the license plate for each three-year registration period. The new license plate provision does not affect snowmobiles or off-highway motorcycles.

• Out of state driver’s licenses — The old law requires the operator of an APV, snowmobile or off-highway motorcycle to hold a valid driver’s license from the state of Ohio. The new law allows a person holding a driver’s license from another state to operate the vehicles.

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