ATV’s Get Green Light By Klark Byrd kbyrd@suntelegraph.com SIDNEY - The third discussion of a possible ATV ordinance in Sidney during council’s regular Tuesday meeting that would allow the off-road vehicles on streets lead to the passing of that ordinance, but it’s still not legal yet. A motion to suspend the reading of the title of the ordinance was not heard in council chambers, which means the ordinance title must be read two more times at separate council meetings before it fully passes and ATV drivers are free to use the streets. Discussion of the ordinance, with comments by Sidney residents Charlotte Wright, Chris Roschewski, Gary Dible and Dan Carlson, lead to the re-addition of requiring helmets on ATV operators. Wright presented statistics of motorcycle accidents with helmeted and unhelmeted operators. Roschewski said he thought it wasn’t fair that motorcyclists must wear a helmet but ATV operators would be allowed to make that choice. Dible and Carlson said they believed the choice of wearing a helmet is personal responsibility. Councilman Dalan Hiett agreed with Dible and Carlson, saying if he were traveling down Old Post Road at 7:45 a.m., he would make sure he was wearing a helmet. “One death is too many,” Wright told council. Wright’s presentation changed the mind of the three remaining councilmen, as Councilman Larry Hiers was absent from the meeting due to illness. Councilman Marvin Filsinger said his mind was changed and he now believed the helmet law was important. Councilman Dave Weiderspon agreed with Filsinger. Mayor Wendall Gaston cast a yes vote to reinstate the helmet section of the ordinance. Reinstating the helmet section passed with a 3-1 vote, with Hiett casting the “no” vote. Wright went on to say that council was giving ATV operators “a license to steal” since they would be able to use the ATV to go to bar’s such as Stewie’s, get drunk and then drive the ATV home. ATVs aren’t classified as a motor vehicle, so it’s a potential prosecution nightmare for the city attorney if officers attempt to cite for driving while intoxicated, she said. However, according to Nebraska statute 60-638, a “motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds, self-propelled chairs used by persons who are disabled, and electric personal assistive mobility devices.” There is no exception for ATVs under the law, meaning they will be counted as a motor vehicle. John Katos, a Sidney resident who was watching the council meeting on Channel 13, came to council chambers with some research he had quickly done to say that he agreed that ATVs should not be operated on paved roads because of the rear axle differentiation. ATVs are prone to flip due to a high center of gravity and how the wheels turn when making a turn on paved roads where the tires cannot slide. Other points of the ordinance include operation of the vehicle from sunrise to sunset, the inability to operate the vehicle on a controlled access highway such as Link 17-J, the requirements of functional headlights and taillights that must be on when operating an ATV and a functional speedometer. ATV operators will be expected to purchase an insurance decal from the Sidney Police Department showing they are insured operators. While many of the points are drawn directly from state statute such as a maximum speed limit of 30 mph for ATV operators, some such as the helmet requirement are unique to Sidney. Another unique part of the ordinance is the ability for ATV operators to drive the vehicle on Old Post Road. Drivers will be expected to remain in the far right lane of the multi-lane road. If an ATV operator wants to visit a store on the left-hand side of the road, they must enter a drive-way on the right side, turn around and cross the street. They will not be allowed to use the turn lanes near the center lane. The ordinance will be read by title for a second time at the Aug. 26 regular session of city council.