Articles Posted in ATV Accidents

On Tuesday the Oregon Senate passed by a wide margin a bill that would allow children of any age to ride motorcycles, dirt bikes and other off-road ATVs. Let me be frank, it is hard to see how any responsible parent would allow a child that young to ride a motorized vehicle, but we all know that some will. Though presented during debate as a matter of personal freedom, this is truly a case in which society’s interest in protecting children has to be balanced against a conception of ‘freedom’ so individualistic that it comes to pose a threat to everyone else.

As reported in The Oregonian, Senate Bill 238 passed the Oregon Senate 22-7 with support from 12 Republicans and 10 Democrats. All but one of the seven ‘no’ votes came from Democrats. Supporters tout the measure “as a way to improve safety for young and off-road riders because it requires anyone under 16 to meet minimum size requirements, known as a “rider fit” test” before they can be certified to operate ATVs and other off-road vehicles. The paper notes, however, that another provision of the bill repeals the existing prohibition on children under age seven riding such vehicles. In other words, SB 238 would allow children at the ages of six, five or even four – children who might not yet have the balance to ride a bicycle – to sit atop a powerful quad-ATV and ride not only on their family’s property but also on public lands throughout the state.

It seems contradictory to toughen basic safety requirements for children in general while removing a common sense ban designed to protect small children – children whose cognitive ability, motor skills and general perception of danger are not sufficiently developed to operate a motor vehicle, even under parental supervision. Ironically, this bill passed the senate even as Oregon and the rest of the country are marking national brain injury awareness month, a time designed to focus attention on the dangers traumatic brain injuries pose to kids here and elsewhere.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
map image