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Protecting the Land and the Future of ATVs   -   Remember, nature's enemy is not outdoor recreation, but poor recreation management.
 
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NH ATV Club

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Thursday, September 18, 2003
'No ATV' Enforcers Not Issuing Tickets Yet
By Peter Hartzel - Eagle Tribune Staff Writer

Authorities are taking a measured approached to enforcing a new ban on all-terrain vehicles on a portion of the Rockingham Recreational Trail, aiming to raise public awareness instead of immediately slapping violators with tickets.

Under a state law that went into effect last week, off-highway recreational vehicles are prohibited on a roughly four-mile stretch of trail between Route 111 in Salem and Route 28 in Derry, except when the trail is covered with snow. Shepherded through the legislature by Rep. Anthony DiFruscia, R-Windham, and other local lawmakers, the bill was signed into law by Gov. Craig Benson in July.

The law also prohibits use of the parking lot on Depot Road in Windham from a half-hour after sunset to a half-hour before sunrise, and requires the state Department of Resources and Economic Development to provide sanitary facilities during times when the trail is snow-covered.

The New Hampshire Department of Fish and Game, which patrols the state-owned trail, has stepped up its presence in the affected area. The department's Bureau of Trails also has posted more than a dozen signs to alert users to the new law and sent notices to various ATV clubs around the state. Windham police are also focusing initially on educating riders rather than issuing tickets. Four officers in the Windham department are trained to ride off-road vehicles.

Still, it is expected that some riders will be taken by surprise. The trail has been in use for 25 years, according to Chris Gamache, ATV coordinator for the trails bureau.

"There has to be an education time involved, especially for a trail with that kind of history," Gamache said. "Some people won't know until they show up and see the signs."

The signs states that "non-winter OHRV use" is prohibited, a less-than-precise description of the actual ban, which according to the law applies "when the trail is not snow-covered." Selectmen have said they would ask the state for new signs.

Residents have also asked for signs to be posted at key locations, including Roulston Road, North Lowell Road and Route 28.

The passage of the law marked a major victory for ATV opponents in the contentious battle over regulations for the popular but noisy recreational vehicles.

Residents had originally asked the state Department of Resources, Recreation and Development to impose a ban by administrative order, but pursued a legislative solution after deciding that a ban codified into law would be less vulnerable to reversal. The legislative delegation for Windham, Salem and Derry was united in support of the proposal, citing quality-of-life issues.

"It's an example of the legislature working for the citizens," DiFruscia said after the Senate passed the bill in May. "What the bill does is give some peace and quiet to the people on Depot Road."

Copywright 2002   *   New Hampshire ATV Club