Shawano County Sheriff George Lenzner wants to put an end to ATV drivers drinking alcohol while operating on county roads. He also wants them to have a valid driver’s license to use those same roads.
“We raised the speed last year where they drive the speed limit of the roadway now,” he told members of the Shawano County Public Safety Committee on Nov. 6.
He said deputies are encountering many ATV and UTV drivers on the roads when the bars close.
“Most of these people who are on them lost their license, and now they’re going to the bars all around the county because they don’t have a valid license, but we’re allowing them to operate at highway speeds on the roadway,” Lenzner said. “We’re allowing open intoxicants while they’re driving. I think it’s asinine.”
ATVs and UTVs are governed by Wisconsin Department of Natural Resources (DNR) laws.
“Technically, you can have an open intoxicant while you’re driving an ATV or UTV,” the sheriff said. “The DNR law says that. But we can trump that if we create a county ordinance where, No. 1, you have to have a valid license and, No. 2, we don’t allow open intoxicants when they’re on the roadway.”
Lt. Chris Madle pointed out intoxicated ATV drivers cannot have their driver’s license taken away from them.
“If you have an OWI in an ATV, it’ll never affect your driver’s license,” he said. “The way the law is written is if you’re on a vehicle that is registered as a DNR (recreational) vehicle, motor vehicle laws do not apply. You get a DNR OWI whether you’re on the road or not, because you’re on an ATV, but it has no bearing on your driving record.”
The same applies for boats and snowmobiles, as they are also recreational vehicles.
But, you can lose your license if, while intoxicated, you are driving a golf cart, tractor or lawnmower on a roadway.
“What we can do is give a large forfeiture if they are driving with a revoked license,” Lenzner said. “You’re going to still have them drive, because you do in a motor vehicle.”
Lenzner also made his case for requiring a valid driver’s license to operate ATVs and UTVs on county roads.
“I think it’s ridiculous that you can let these people operate that don’t have a license,” he said.
The proposed ordinance change would not affect ATV drivers on private property or designated trails.
Supervisor Randy Young said he was in favor of Lenzner’s proposals.
“I have been against allowing them on roads since day one,” he said.
Lenzner also was opposed to that years ago and said he took a lot of flak from the ATV clubs.
“We didn’t have the issues that I thought we would have,” he said. “Ninety percent of the people behave themselves, and they’re very responsible, but you’re always going to get that 10% that don’t.”
kpasson@newmedia-wi.com
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