"A government big enough to give you everything you want, is big enough to take away everything you have"
Thomas Jefferson

Saturday, May 31, 2008

ATV (Bill) On The Move


The recent decision by the DEC to unilaterally close several miles of recreational roads to ATV enthusiast has prompted Senators Griffo and Little to take the lead and sponsor legislation in the Senate in an effort to reverse this decision.

Senator Aubertine has introduced over 30 bills and not a single bill is directed at helping the ATV riders or the DEC's decision; he has not even co-sponsored this legislation. Is the relationship of an Aubertine staffer who is the husband of DEC Region 6 Director causing this lack of response from the Senator? Senator Aubertine has only held meetings with ATV audiences as an unavoidable obligation without producing any action these meetings are smoke screens.

This bill S3429 is moving through the Senate and is expected to be passed this year. Here is the context of the bill. The crossed out text is the deleted portion of the present legislation, bold text is language being added to the current legislation.

This legislation gives the ability of local municipalities to open state roads up to ATV traffic. This is the important part of the legislation; "...municipality may designate a state highway, maintained by the state or a highway maintained by a governmental agency, including bridge and culvert crossings, under its jurisdiction as open for travel by ATVs..." This legislation will allow a town locally to reverse the recent decision of the DEC on the closure of roads thus provide access to riding areas.

Senate Aubertine needs to ensure its passage in the Senate and persuade his friends in the Assembly to pass this legislation as well. This is time for Aubertine to show the Northern Country he truly has the political influence to move legislation. This is extremely important to the North Country communities, he needs to move it through both houses.


S3429

AN ACT to amend the vehicle and traffic law, in relation to designation
of highways and public lands for travel by ATVs

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

1 Section 1. Subdivision 1 of section 2405 of the vehicle and traffic
2 law, as added by chapter 402 of the laws of 1986, is amended to read as
3 follows:
4 1. Highways. Except with respect to interstate highways or controlled
5 access highways, [the department of transportation with respect to] a
6 governmental agency or municipality may designate a state [highways]
7 highway, maintained by the state [and any other governmental agency with
8 respect to highways], or a highway maintained by a governmental agency,
9 including bridge and culvert crossings, under its jurisdiction [may
10 designate and] as open for travel by ATVs in order to gain access to
11 areas or trails adjacent to such highways and the department of trans-
12 portation shall post any such public highway or portion thereof as open
13 for travel by ATVs [when in the determination of the governmental agency
14 concerned, it is otherwise impossible for ATVs to gain access to areas
15 or trails adjacent to the highway]. Such designations by a state agency
16 shall be by rule or regulation, and such designations by any munici-
17 pality other than a state agency shall be by local law or ordinance.
18 § 2. This act shall take effect immediately.

15 comments:

Anonymous said...

It doesn't occur to you ATV'ers that there are a lot of us out here who don't give a rat's ass whether or not you have a place to ride those destructive machines.

You have no right to destroy public hiking and ski areas or create driving hazzards for the rest of us.

I'm sick of walking around your mud holes.

RWiley said...

Cable News 10 reported some time ago that Mr. Aubertine, who has a trail across his property, has been speaking up against closing ATV trails.

It has been reported by news sources and noted by Boondocks No. 67, a local country blog.

Take off your blinders, Political IV, come to the country and you, too, can become one of us.

State Senator Darrel Aubertine is speaking out about the DEC's decision to close ATV trails in Lewis, Jefferson and Oswego Counties. Aubertine said the decision cuts off a vital segment of the economy in the Tug Hill region.
Aubertine goes on to say that closing the trails has effectively halted efforts to create a safe and well maintained trail system stretching from Oswego to Barnes Corners in Lewis County.
According to a study by Camoin Associates of Saratoga Springs, non-resident ATV riders contributed as much as $35 million to the regional economy.
The DEC closed the trails last month because they were not in accordance with the state vehicle and traffic law.
Political IV has not been Watching This Very Closely

RWiley said...

Nearly one month ago, May 1, 2008, this report was on News 10 Now, complete with video.

WATERTOWN, N.Y. -- State Senator Darrel Aubertine is speaking out about the DEC's decision to close ATV trails in Lewis, Jefferson and Oswego Counties. Aubertine said the decision cuts off a vital segment of the economy in the Tug Hill region.


Aubertine against ATV trail closings

Watertown Times, which is own by a family which is actively involved with opposition to placing wind mills near their home on the St. Lawrence River, seems to be pissed with local farmers. Perhaps they failed to report this story. I am not sure that the Watertown Times will give Mr. Aubertine much press. However, the "new media" keeps up on these issues.

Anonymous said...

Every time you take an unwarrented shot at Aubertine, you lose credibility, PIV. I am an ATVer and know how hard Darrel is working on this issue. Why hasn't he cosponsored a GOP bill? the GOP won't let him. Duh.

Anonymous said...

Here is a question Rwiley, How long was it from the DEC's announcement until Aubertine took a position?

Tell us that. It was not until he was told what his position could be that he made a decision on what his postion would be. That is the issue with me.

We should not allow our government to make unilateral decisions based upon a bureacrats inerpretation of the law. Sen Aubertine should have been vocal from the onset, but he wasn't. His failure can't be corrected, and should not be forgotten! This time ATV, what will be next?

Anonymous said...

Darryl has said that he will venture across the aisle and join the Repubs on this one. Wright didn't even know there was an aisle.

Anonymous said...

Hey Aubertine lovers/ATV Haters: Tell Aubertine that ACTIONS speaks louder than WORDS. He can talk all day until his cows come home but, until we see actual movement from Aubertine, then his words are absolutely meaningless.

RWiley said...

Anon. #3 does not even have an idea what this problem was all about.

ATV is big business and generally supported by all politicians. However, along with the growth came many accidents, property damage and liability. The DEC recognized that motor vehicle laws were being violated on roads under their jurisdiction. That opened them up to major liability and perhaps court injunctions that would shut the trails, down with no recourse. The DEC made the move to force politicians to make it PERFECTLY LEGAL for us to use their trails plus many more pubic accesses such as bridges, county roads, etc.

While you were getting your knickers all wet fretting about Darryl's action and support, he was on top of it and it was being taken care of all along. In political time, along with a interim change that was forced by James Wright, who abandoned you, this was addressed very quickly.

RWiley said...

"until we see actual movement from Aubertine, then his words are absolutely meaningless."

Please go back to the links above that will show you that Mr. Aubertine was actively moving on the ATV issue from the beginning. It was many weeks ago, and you missed it.

If by movement, you mean a yes vote, then be patient and watch the news. Even though he missed it before, perhaps Political VI will report on Darryl's support and "aye" here. Perhaps, even the WDT will mention it.

Anonymous said...

Rwiley,
It literally took Sen Aubertine weeks to decide what to do. Whether you like ATVs or not, that type of inaction and indecisiveness is not acceptable. The fact that he finally noticed the growing unhappiness with his inaction and took a position is not leadership.

Why didn't Sen Aubertine show some initiative and draft legislation to fix this issue?

RWiley said...

Take off your blinders! The Republicans have control in the Senate. They drafted the Bill. Republicans on the State level will not let any opposition draft a bill, especially a popular one.

With the narrow margin in the Senate I am sure Mr. Aubertine will throw his support to the Republicans on this issue, and they might need it. Count your blessings! Jim Wright, who abandoned you gave you a Democrat who is willing to work across the aisle.

Also, I enjoy watching my neighbors and their friends scooting across the corner of my property with their ATV's having fun!

RWiley said...

Your next problem will be affording gasoline for ATV's and the vehicles that pull them from PA to our hot spots.

Before you blame it on any State politician, remember your pals, Cheney and Bush whose only energy policy, developed behind close doors, was to catch up our prices with the rest of the world so they and their friends could get rich.

This was accomplished while their supporters were being scared to death with the threats of gay marriage, Muslim terrorists coming over here, WMD's, code yellow, code red, spiced up with "the sky is falling" and a Mexican invasion.

Then, Republicans gave them 4 more years.

Renzi has already said he is going after Darryl on gas prices. He would be more successful by going after bees for the high price of flowers.

ATV Rider said...

This is completely unacceptable.

Anonymous said...

Drinking and raising hell On 4 wheelers and taking a shortcut to the bar across my property is unaceptable too.

Anonymous said...

ATV's and Dirt Bikes are death machines.

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