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Subject: Mounted search and rescue

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Chronological Thread  
  • From: Karen Nesbitt <spanishequines@yahoo.com>
  • To: MSAR <msar-riders@lists.ibiblio.org>
  • Cc: RANCH MANAGER <spanishequines@yahoo.com>
  • Subject: [MSAR] ORV's etc
  • Date: Tue, 16 Jun 2009 23:54:53 -0700 (PDT)

RESPONDING TO:
 
Message: 3
Date: Mon, 15 Jun 2009 21:47:54 -0400
From: "T'mi Fi" <tfinkle@erols.com>
Subject: Re: [MSAR] ATVS....
To: Mounted search and rescue <msar-riders@lists.ibiblio.org>
Message-ID: <4A36F9CA.7090609@erols.com" ymailto="mailto:4A36F9CA.7090609@erols.com">4A36F9CA.7090609@erols.com>
Content-Type: text/plain; charset=us-ascii; format=flowed

I am retired law enforcement officer with over 25 years of service and I
do not of a single LOE that knows the motor vehicle. SMV and ORV laws of
every state.  My best advise is for folks to learn about ORV laws is to
check what laws would apply in your state and local region. 

However, the answer to most of your questions can be found at
<http://www.nhtsa.gov/cars/rules/rulings/lsv/lsv.html>
In short motor vehicles must meet Federal regulations designed for
highway speeds; whereas ORV's, (ATV's, RTV's and golf carts) are
primarily designed for use on private property and off road use (Some
states do have ORV trails designed for recreational use). Markings on
government owned ORV's are also governed by local or state laws and vary
from state to state. For those MSAR folks wanting more information on
these topic is to look for an ATV/ORV SAR chat group and speak with them.

I hope this helps

T'mi
www.trotsar.org



Karen Nesbitt wrote:

> Thanks for bringing that up..You can include RTVS and golf carts in
> this catagory too of being a destructive useless vehicle.  While a
> golf cart is not as noisy, they certainly are destructive.

> Perhaps someone here form LE can best explain the normal legalities of
> these vehicles state by state so that EVERONE can be informed. 
> Perhaps someone can qoute the DOT regulations state by state of these
> vehicles and explain WHY they are not legal and where they would be
> not legal if used normally.  That sure would help gettting a GOOD
> explaination and one that was from an authuratative source.  And after
> all, if poeple do not know the legalities of them used at home, then
> what business do themn have on any search?

> Perhaps too, include the safety gear and requirements for people
> of different ages and each of the ORV vehicles etc. includuding such
> laws governing passengers, seatbelts, lights, license, and or title.

> And while we are on the subject, lets talk use of SMV's for these
> vehicles....

> Between the RTVs and the ATVS and the golfcarts using SMVs.. since
> when is any of them a farm implement warranting an SMV tag, or since
> when are they street legal especially on a highway??  As for an
> emergency search vehicle....isnt  the vehicle supposed to be
> appropriately marked by the LE or FD it comes from?  No private
> vehicle would then be appropriate would it?  And if it is appropriate,
> under what instance and why.

> And perhaps someone can also explain why an SMV would not be
> appropriate to any of these vehicles?  None of them are FARM
> implements and none of them would be appropriate to have an SMV
> according to the regulations about SMV's but then I have seen people
> use an SMV to mark  driveways and mailboxes and put them on gates and
> well, guess it dont matter to them that it is illegal.  I have seen
> people use them on horsetrailers too and pardon me, but that too is
> not a legal use of them.  Just thoughts here and from what I know,
> could be a costly fine if LE did its job. (.....)
>  .
> Thanks

>  Karen
>


THANKS Jorene, I guess I should have rephrased the question/comment a tad differently, but thanks for picking up on my drift.  If websites are available stating the regulations and someone has a  trusting source perhaps they can post it here?
 
Calling the SOS in any state however should also give you the correct information for your state.
 
I have located several websites with the laws and will post them here in the future.
 
My understanding as in the case of SMV's, in Illinois, there is a $75 fine, possibly more for
improper display.  Proper display is that they are mounted on the rear center of the FARM IMPLEMENT.  An RTV, ATV,  gate, horsetrailer, or other object that is not considered a FARM IMPLEMENT would constitute improper display.  Since an RTV, ATV, golfcarts etc and these other objects mention are NOT FARM IMPLEMENTS and fall in the class of OFF ROAD VEHICLES  the SMV does not belong on such items.  FARM IMPLEMENTS can be a tractor, manure spreader, hay rack or other attatchment to a farm tractor that is customarily used in farming.  Most implements of the day have also been modified to have turn signals, however the implements or tractors do not carry titles or license plates.  The object of the SMV is to tell people that they are approaching a SLOW MOVING farm VEHICLE and to alert the driver of the faster vehicle to adjust his speed or prepare to stop as the farm implement may be turning.  Certain heavy equipment may be constituted as a farm implement, however not all heavy equipment gets an SMV.
 
Titles to certain vehicles might be required by law to be with the vehicle.  And if the vehicle has a license plate, well, goes without saying.
 
The display of an SMV on an implement that is hauled on a flatbed is improper display and those smvs should be either covered or removed while the implement is being transported. DOT regs apply on flatbed hauling.  Those with a CDL or who are a professional driver should be aware of this.
 
A horsedrawn vehicle is required to display an SMV on the rear center.
 
Proper display may also involve that the emblem be located so many inches from the ground.  Contact SOS for details.
 
An RTV, ATV, golf cart is not a farm implement and while many folks may use them at the ranch,  That fact alone does not make the vehicle a farm implement.  They are not allowed on the highway at anytime and are not vehicles to which the SMV are used on.  RTVS. ATVs and golf carts are not legal on any highway and can only be hauled on a trailer or conveyance to be moved on a highway, hence driving one on a highway is illegal.    RTVS and ATVS are in the classification of  OFF ROAD VEHICLES.  RTVS are titled vehicles.  I am not sure the detail on an ATV or golf cart.
 
A call to the SOS in Illinois will tell you further the regulations regarding these vehicles.
 
Enforcement is another issue.  Seems many LEO do not even know the laws and seems too the perps take advantage of their lack of enforcement making the regulations a near joke.  However, the improper display can mean the matter of life and death in the coming onto such a sign or a vehicle with such an emblem either improperly or properly displayed.  So it only makes sense to operate and own the vehicle appropriately.
 
Illinois recently pushed for stronger enforcement of proper SMV display.  And stepped up enforcement recently.
 
Anyone having a comment or correction to my information here is welcome to debate and correct the matter, but please state your sources.  Please update this if you know of the update or change as well.
 
I am not a law enforcement official, but just providing the information to the best of my knowledge and as it was collected and verified from several sources SOS, DOT included.  As mentioned, a call to either DOT or SOS will verify my information and also provide more detail.  I beleive what I have provided is true and correct.
 
If you are foolish enough to violate the laws governing said usage and proper display, doing so could cost someone their life.  Operate and own appropriately.
 
How these vehicles would be insured in case of an accident.. well that is another matter.
 
 
        Karen
 
 




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