Opinion: New law gives cities power to seize dirt bikes, ATVs
Gov. Tom Wolf signed into law earlier this month a bill that prohibits drivers in cities from recklessly riding all-terrain vehicles and dirt bikes on public roads and highways, sidewalks and bicycle lanes.
Notice the important word - cities. The law has no impact on boroughs and townships, so the public and police may continue to be dogged in these municipalities.
The law impacts third-class cities such as Allentown, Bethlehem, Easton, Pottsville, Hazleton, Scranton and Wilkes-Barre and first- and second-class cities, Philadelphia and Pittsburgh, respectively.
Introduced by Sen. Pat Browne, R-Lehigh, the new law allows police to confiscate vehicles if their drivers are convicted of motor vehicle offenses. Once police have these vehicles in their possession, they can sell them or destroy them.
My first thought was this: What would prevent these drivers from moving their bad behavior to one of the boroughs or townships not covered by the new law? Of course, there are existing laws that control the use of these vehicles on public roads in a reckless fashion or committing other violations of the Motor Vehicle Code, but the real teeth come in the form of confiscation.
An all-terrain vehicle, for example, could cost between $3,000 and $15,000, depending on the model and whether it is new or used. Dirt bikes are pricey, too, averaging about $8,500 for a new one. The possibility of losing one of these vehicles for a few illegal thrills should give owners pause to think about consequences.
ATVs and most dirt bikes are banned from city streets even before the new law was passed. Dirt bikes which are considered legal must conform to engine size regulations and must be registered and insured to qualify for use on public streets.
What prompted Browne’s introduction of the legislation was growing complaints from officials in Lehigh Valley cities about groups of riders that would gather at a moment’s notice and terrify motorists, ignore traffic laws and generally create unsafe conditions that lead to crashes, injuries, even death.
For example, a dirt biker in Philadelphia, who was showing off by turning wheelies, struck and killed Jesus Gomez Rosario, 17, who was skateboarding. The dirt biker is still at large after the incident this past May, city police said.
Browne said he was inspired to act after recommendations emerged from a Lehigh Valley task force was set up to look into the growing issue of illegal dirt bike and ATV activity on city streets.
The new law, which takes effect in mid-September, imposes fines of $50 to $200 for a first offense and $100 to $300 for subsequent offenses.
The original bill covered all municipalities in the state, but an amendment from Zach Mako, R-Lehigh and Northampton, stripped out boroughs and townships. Legislators from some areas of western Pennsylvania were not on board with the blanket prohibition, so to address the major area of concern - lawbreakers in cities - the bill was a compromise to allow it to pass the state House.
Some municipalities in that part of the state have local laws since in some of these rural areas these vehicles are used for transportation rather than solely for fun and games.
Many expect that boroughs and townships that begin to experience problems with these vehicles will lobby their legislators to amend the new law to include their municipalities.
This and that:
Dan Meuser, whose district includes Carbon and Schuylkill counties, was among three Pennsylvania Republicans and 47 nationwide to vote with all Democrats, including Matt Cartwright, whose district includes parts of Monroe County, and Susan Wild, whose district includes Lehigh and Northampton counties, to codify same-sex and interracial marriage. Known as the Respect for Marriage Act, the bill is intended to be a counterpoint to the conservative U.S. Supreme Court majority which might ban these types of marriages in the future. The legislation faces an uncertain fate in the U.S. Senate.
According to the latest survey of home affordability among U.S. counties during the second quarter of 2022, Schuylkill County has the most affordable real estate in the nation. The survey was done by ATTOM, a real estate data firm. At the other end of the spectrum, the priciest real estate in the country is in Manhattan and San Mateo, a San Francisco suburb.
By BRUCE FRASSINELLI | tneditor@tnonline.com
The foregoing opinions do not necessarily reflect the views of the Editorial Board or Times News LLC.