Legislature(2021 - 2022)BARNES 124
04/06/2021 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Safety Evaluation of Off-highway Vehicle Use in Alaska | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
April 6, 2021
1:07 p.m.
MEMBERS PRESENT
Representative Grier Hopkins, Chair
Representative Sara Hannan, Vice Chair
Representative Ivy Spohnholz
Representative Harriet Drummond
Representative Tom McKay
Representative Kevin McCabe
Representative Mike Cronk
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION(S): SAFETY EVALUATION OF OFF-HIGHWAY VEHICLE USE
IN ALASKA
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JOE HARDENBROOK, Staff
Representative Grier Hopkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Staff to Representative Hopkins made
committee announcements.
DAVE DONLEY, Deputy Commissioner
Office of the Commissioner
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered committee questions preceding the
presentation, entitled "Safety Evaluation of Off-Highway Vehicle
Use in Alaska".
JENNA WRIGHT, Deputy Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered committee questions preceding the
presentation, entitled "Safety Evaluation of Off-Highway Vehicle
Use in Alaska."
LEON MORGAN, Deputy Commissioner
Office of the Commissioner
Department of Public Safety
Juneau, Alaska
POSITION STATEMENT: Answered committee questions preceding the
presentation, entitled "Safety Evaluation of Off-Highway Vehicle
Use in Alaska."
GLENDA D. LEDFORD, Mayor
City of Wasilla
Wasilla, Alaska
POSITION STATEMENT: Had her written statement read into the
record by Chair Hopkins during the hearing on Safety Evaluation
of Off-Highway Vehicle Use in Alaska.
DR. NATHAN BELZ
Associate Professor, Civil Engineering
University of Alaska, College of Engineering and Mines
Fairbanks, Alaska
POSITION STATEMENT: Presented a PowerPoint and answered
questions during the presentation.
ACTION NARRATIVE
1:07:14 PM
CHAIR GRIER HOPKINS called the House Transportation Standing
Committee meeting to order at 1:07 p.m. Representatives Hannan,
Spohnholz (via teleconference), Drummond, McKay, McCabe, Cronk,
and Hopkins were present at the call to order.
^PRESENTATION(S): Safety Evaluation of Off-Highway Vehicle Use
in Alaska
PRESENTATION(S): Safety Evaluation of Off-Highway Vehicle Use
in Alaska
1:08:14 PM
CHAIR HOPKINS announced that the only order of business would be
a presentation on the safety evaluation of off-highway vehicle
use in Alaska.
1:09:02 PM
JOE HARDENBROOK, Staff, Representative Grier Hopkins, Alaska
State Legislature, informed committee relevant materials were
included in packets.
1:10:19 PM
CHAIR HOPKINS said a significant amount of public interest had
been generated, including letters to the editor and stories
coming from citizens and local government offices throughout the
state. He made a note that the meeting was taking place under
the auspices of the Administrative Procedures Act, which may
limit the questions able to be asked and answered while proposed
regulations were still open for comment. Implementation
questions were within bounds, but comments on those regulations
were not, he offered as an example.
1:12:35 PM
DAVE DONLEY, Deputy Commissioner, Office of the Commissioner,
Department of Administration, shared Alaska had one of the
highest per capita ownership rates of all-terrain vehicles
(ATVs), off-highway vehicles (OHVs), snowmobiles (snow
machines), side-by-sides, and other all-purpose vehicles for
hunting, fishing, subsistence, and other motorized recreation
(also known as ROVs). Other states including Arizona, Idaho,
Montana, South Dakota, and Wyoming had provided the owners of
some of these with the opportunity of making such vehicles legal
on public roads, he shared. It was the goal for Alaskans to be
able to travel safely and affordably throughout the state, and
as such the proposed regulations would allow Alaskans to operate
ATVs as listed above on roads which had speed limits of 45 mph
or less, he imparted. Vehicle owners would be required to
follow all applicable statutes and regulations while operating
on roadways, including being properly licensed and insured, and
having the correct equipment, such as headlights, brake lights,
and muffler while operating on public roads. Local governments
would be able to opt out of the provisions within their
jurisdiction, he shared. He emphasized these were draft
regulations and public comment was highly encouraged.
1:16:19 PM
REPRESENTATIVE HANNAN noted Deputy Commissioner Donley had
listed other states that had legalized ATVs for on-road use.
She asked, "Do you have the dates or length of time that any of
those states have allowed that?"
DEPUTY COMMISSIONER DONLEY replied no.
REPRESENTATIVE HANNAN noted a different list from the Department
of Transportation & Public Facilities (DOT&PF) said the two
agencies did not list the same states. She said she wondered if
there were different criteria for analyzing the data. She said
the memorandum from the DOT&PF listed "Wyoming with a special
permit," and "Washington 35 miles per hour or less." She asked,
"So, I was just wondering if your list of Arizona, Idaho,
Montana, South Dakota, and Wyoming were ones that were identical
to our state regulation proposal."
DEPUTY COMMISSIONER DONLEY replied no other states were
identical, mostly because the regulations in Alaska involved
snow machines.
REPRESENTATIVE HANNAN observed that the Department of
Administration's (DOA's) cover memo stated that local
governments would be empowered to opt out. She asked about the
timeframe for opting out and whether "[local governments] had to
opt out by specific road" or, for example in the Municipality of
Anchorage, say everything was in the municipality.
DEPUTY COMMISSIONER DONLEY said under the current system local
governments could provide for the legality, and it was not a
road-by-road matter unless they chose to make it so.
1:19:45 PM
JENNA WRIGHT, Deputy Director, Division of Motor Vehicles,
Department of Administration, put herself on the record and said
she was available for questions.
1:20:15 PM
LEON MORGAN, Deputy Commissioner, Office of the Commissioner,
Department of Public Safety (DPS), put himself on the record and
said he was available for questions.
1:20:52 PM
CHAIR HOPKINS noted OHVs would be operated on the roads. He
asked, "Is there a reason the DOT&PF was not included in the
crafting and implementation of these regulations?"
DEPUTY COMMISSIONER DONLEY responded the regulatory process
"geared" off what department had jurisdiction over the specific
regulation being proposed or amended, and the DOT&PF did not
have jurisdiction directly over the issue.
CHAIR HOPKINS said DPS regulations and comment opportunities
"appeared to be going through the Alaska Wildlife Troopers." He
asked, "Why was it not done through the state troopers and
instead done through the Alaska ... [Wildlife] Troopers?"
1:22:20 PM
DEPUTY COMMISSIONER MORGAN responded there was a cadre of staff
and the member of the DPS was the one who was available to
assist with aggregating the public comment.
CHAIR HOPKINS asked, "Will that impact ... who will be enforcing
these regulations and the rules that are put into place on the
highways and roads themselves?"
DEPUTY COMMISSIONER DONLEY responded no, both divisions had
fully sworn troopers who enforced all laws in Alaska.
1:23:45 PM
REPRESENTATIVE HANNAN asked Deputy Commissioner Morgan, "Could
you speculate, or do you know right now: of a trooper's
workload, how much of it is safety checks for street-legal
compliance - lights don't work, blinkers aren't there, those
kinds of things - or are those only done by troopers in the
course of other stops for other reasons?"
DEPUTY COMMISSIONER MORGAN responded in the past the focus had
been on safety checks, but today it was secondary to calls for
service.
REPRESENTATIVE HANNAN, in terms of where troopers would have
jurisdiction if the regulations were in place, asked, "Would it
require additional work for troopers - would you anticipate an
increasing trooper workload for enforcement that ATVs were
complying with the - and I'm going to use the phrase - 'street
legal' requirements of the regulations?"
DEPUTY COMMISSIONER MORGAN replied he didn't know, but the same
number of licensed drivers would be on the road, just with
different vehicles.
1:27:03 PM
REPRESENTATIVE SPOHNHOLZ asked Deputy Commissioner Donley, "Why
did the administration choose to introduce regulations that
would require communities to opt out rather than leaving the
issue to local communities?"
DEPUTY COMMISSIONER DONLEY responded the regulation did allow
local communities to choose; just changed the presumption from
"against" to "in favor of."
REPRESENTATIVE SPOHNHOLZ clarified her question: "Why is it
that the administration chose that particular policy call?" She
said it is different to go from an opt-in to an opt-out. She
said the state's constitution is in favor of local government.
She asked, "What was the problem that you were trying to solve
that you felt like an opt-out was the better solution than
leaving it as an opt-in, as currently?"
DEPUTY COMMISSIONER DONLEY responded there were areas of the
state which did not have local government so could not opt out,
and there were also groups and individuals requesting this type
of initiative.
REPRESENTATIVE SPOHNHOLZ asked, "So, who were the groups and
communities that were requesting it?"
DEPUTY COMMISSIONER DONLEY replied he would get information.
1:29:42 PM
REPRESENTATIVE MCCABE asked, "I'm interested to know if you
have an idea of how many center line miles or how many miles of
dirt road or gravel road are affected versus paved road?" He
said he thinks there is concern that there will be four-wheelers
driving on highways, but he said he does not think that is the
case. Instead, he said he thinks this has to do with back roads
and gravel roads in rural Alaska, such as in his district or in
Talkeetna, where someone might want to ride a four-wheeler to
the neighbor's house a couple miles down the road on a gravel
road rather than a mud ditch. He asked, "So is there a way to
tell or sort of differentiate between what we're talking about
as far as gravel roads or paved roads and that sort of thing?"
DEPUTY COMMISSIONER DONLEY replied new estimates were available
but current regulations were based on speed limits.
DEPUTY COMMISSIONER MORGAN replied 1,900 (of 5,600) road miles
would be affected.
CHAIR HOPKINS pointed members to a chart with more information
on roads in individual districts.
1:32:31 PM
REPRESENTATIVE MCCABE observed that 1,900 was fewer than or
one-third of roads. He asked, "How many of those 1,900 miles
are just gravel roads out in the boondocks?"
CHAIR HOPKINS said the DOT&PF could be asked.
1:34:10 PM
CHAIR HOPKINS noted his own community of Fairbanks has several
45 mph, fully paved, roads in the urban area. He noted that
Fairbanks is a second-class borough that did not have road
powers. He asked, "How would a municipality like that be able
to opt out if they do not have road powers within their charter
or expanded by voters?"
DEPUTY COMMISSIONER DONLEY replied that issues of the like would
be raised during the public comment period.
1:35:31 PM
REPRESENTATIVE SPOHNHOLZ described households with numerous
vehicles and speculated how younger members of the household may
use an ATV for transportation when the other vehicles were in
use by the adults. She asked Deputy Commissioner Morgan, "Was
there any kind of assessment done, or a study done, to sort of
evaluate the risks associated with that?"
DEPUTY COMMISSIONER MORGAN replied there had not been.
REPRESENTATIVE SPOHNHOLZ commented the "delta" between cost
implications and safety needed to be understood. She asked
Deputy Director Wright, "How many licensed drivers do we have
and how many licensed vehicles do we have?"
DEPUTY DIRECTOR WRIGHT said she would provide the information.
1:38:30 PM
REPRESENTATIVE MCCABE mentioned accidents caused by ATVs and
four-wheelers operating illegally on the roads. He wondered if
requirements to have lights, signals, headlights, brake lights,
helmets, and a license to operate on the road legally would
decrease the number of accidents.
DEPUTY COMMISSIONER DONLEY replied a comment would be
inappropriate public comment was still open.
REPRESENTATIVE MCCABE said he was waiting to see public comment,
but a constituent has said there have been an inordinate number
of accidents due to ATVs operating illegally, so having correct
regulations may help prevent some of those.
1:41:25 PM
CHAIR HOPKINS asked what the process of maintaining a license
for a snow machine or a hovercraft or a tracked vehicle, to be
able to take them on the road.
DEPUTY DIRECTOR WRIGHT replied same as any Class D license:
valid permit if under the age of 18, passing score on knowledge
test, passing road test in car or truck.
CHAIR HOPKINS concluded that means that there's going to be a
written test, so the book will be amended. He asked, "Then is
that Department of Motor Vehicles (DMV) employee going to do a
ride-along on the snow machine with that individual through the
town that would be utilizing those roads?"
DEPUTY DIRECTOR WRIGHT replied implementation analysis needed to
be done; there have been some solutions during the COVID-19
pandemic utilizing GoPro technology.
1:43:04 PM
REPRESENTATIVE CRONK expressed he was also looking forward to
hearing public comment and asked what "any emission control
system in good working order" meant on a snow machine or ATV.
DEPUTY COMMISSIONER MORGAN replied existing emissions
requirements for vehicles on roadways; essentially that there
needed to be a working muffler.
1:45:17 PM
REPRESENTATIVE HANNAN remarked snow machines are currently
required to be registered. She asked Deputy Director Wright,
"Will there be a different registration for a snow machine that
you're trying to make 'street legal' to comply and use with
this, versus one that you were never intending to drive on
roads, and do we know what that cost be?"
DEPUTY COMMISSIONER WRIGHT replied currently reflective stickers
went on snow machines; there would be no difference in cost
between stickers and plates.
REPRESENTATIVE HANNAN asked, "Is there is a cost currently to
register an ATV, and what will the costs be under these
regulations to register an ATV?"
DEPUTY COMMISSIONER WRIGHT replied the pricing structure was the
same as snow machines, but ATVs did not currently require
registration. If you wanted to take it on the road you would
need to register it, she added.
1:47:37 PM
REPRESENTATIVE SPOHNHOLZ shared she had been driving ATVs since
she was a child, and she said it is different from driving a
car. She asked Deputy Director Wright, "Did you ever consider
creating a special license or a tag for this rather than just
saying that a regular street license for a car would be
appropriate for this?"
DEPUTY DIRECTOR WRIGHT replied Class D licenses covered ATVs,
and snow machines "when it was required;" Class R licenses were
for off-highway use and communities which have opted into snow
machine ordinances.
REPRESENTATIVE SPOHNHOLZ asked, "Was there any consideration of
encouraging people to [utilize class R licenses] rather than
using traditional licensing?"
DEPUTY COMMISSIONER DONLEY interjected caution should be
exercised in speaking of the draft proposal process.
1:50:21 PM
CHAIR HOPKINS said he has a Class D license for driving his car.
He asked, "Would I have to get a different Class D license to be
able to take my hovercraft onto the roads around Fairbanks, or
would I need to go get another separate license to be sure that
I have had the training and that I am a good enough hovercraft
driver?"
DEPUTY DIRECTOR WRIGHT replied the existing Class D license
would cover the driving of hovercraft.
REPRESENTATIVE SPOHNHOLZ said she was concerned about safety as
you could go a lot faster in a car, and ATVs and snow machines
were driven by kids. One could "take corners" much faster in a
car than in an ATV, she offered, and driving the latter was an
entirely different animal, she stated, adding that she was in
support of living a rural lifestyle but that this proposal was
too broad, she said, and not everything had been taken into
consideration.
1:52:17 PM
CHAIR HOPKINS noted that in the proposed regulations, under "13
AAC 40-010(a), a new paragraph would define what an all-purpose
vehicle is. He read the language. He asked, "Can you please
comment on what that subsection 30 does not include for what
would be qualified as an all-purpose vehicle?"
1:53:16 PM
DEPUTY COMMISSIONER DONLEY read subsection 30 in reply.
CHAIR HOPKINS replied, "clear as mud."
1:54:06 PM
REPRESENTATIVE CRONK asked if full coverage insurance would be
required, same as driving automobiles.
1:56:17 PM
REPRESENTATIVE MCCABE said children weren't trained to be
drivers except by their parents, so it might not be relevant to
talk about safety in statute. "Learn the 'regular' rules of the
road, that's the relevant part," he offered.
1:58:25 PM
CHAIR HOPKINS asked, "Are you required to get a specific
motorcycle license and pass a different test to get your
motorcycle driver's license?"
DEPUTY DIRECTOR WRIGHT replied yes.
CHAIR HOPKINS asked if there were any different rules for
following the rules of the road, or if it were to understand
that you can drive a motorcycle safely.
DEPUTY DIRECTOR WRIGHT replied the latter; the knowledge test
was no different than any other vehicle.
1:59:01 PM
REPRESENTATIVE HANNAN, referring to a DOT&PF list of roads in
Juneau, asked if any regulations were based not on speed limit
but on condition of road. She noted a street in Skagway and one
in Haines that were state roads with speed limits of less than
45 mph. She said she can think of many roads where no one would
be concerned if an ATV was being operated down a dirt road that
connects fields or large, private parcels of land, whereas
"driving down Main Street's going to give everyone in the
crosswalk a little heartburn." She asked if there were
categories of roads besides miles per hour that DOA looked at,
because 45 mph without any other qualifiers seemed like "a very
large lump" of roads and concerned her regarding not only safety
but also the cost to maintain roads that had vehicles such as
snow machines running on them. She asked whether there were
other ways to group [roads] regarding the issue.
DEPUTY COMMISSIONER DONLEY replied there were traffic count
minimum numbers, such as were used to determine whether the
mandatory Auto Insurance Act applied or didn't; categories were
based on funding, such as the National Highway System.
2:02:27 PM
REPRESENTATIVE DRUMMOND said she is trying to figure out how
this will work in Anchorage. She named some roads and said
folks who used off-road vehicles lived in the hundreds of miles
of residential roads in Anchorage, all of which were under 25
mph. She asked if DOT's regulations were intended to allow
traffic on off-road vehicles on residential streets in urban
areas like Anchorage or if regulations strictly pertained to
DOT-maintained roads.
DEPUTY COMMISSIONER DONLEY replied it would pertain to all
Alaska roads and was a reversal of the existing presumption;
when operated by a properly licensed individual and insured they
would be allowed to operate unless a local government opted out.
2:04:01 PM
CHAIR HOPKINS asked how it would be addressed in the regulations
if a local municipality were not able to opt out.
DEPUTY COMMISSIONER DONLEY replied it would be taken into
consideration along with all public comment.
CHAIR HOPKINS, from a question submitted by Representative Prax,
asked what sort of liability insurance a driver of an all-
purpose vehicle would need to have to operate it legally.
DEPUTY COMMISSIONER DONLEY replied the statute which determined
which vehicles must have liability insurance remained unchanged
by the regulations.
CHAIR HOPKINS asked for a copy of the statute citation and asked
if it include all the definitions under an all-purpose vehicle.
DEPUTY COMMISSIONER DONLEY replied the statue referred to motor
vehicles.
2:06:06 PM
DEPUTY DIRECTOR WRIGHT replied as 20.15.11(b) stated everyone
taking control of the vehicle needed mandatory vehicle
insurance.
CHAIR HOPKINS asked if that pertained to a specific license, or
if that type of liability was required for plowing his driveway
or driving to his neighbor's house.
DEPUTY DIRECTOR WRIGHT replied it applied to vehicles driven on
roads.
CHAIR HOPKINS asked, "So, I would need to get that ... liability
insurance under [AS] 28.15.11(b) before I'm legally allowed to
operate an all-purpose vehicle on a roadway?"
DEPUTY DIRECTOR WRIGHT replied that was correct.
2:07:30 PM
CHAIR HOPKINS, regarding the definition of an all-purpose
vehicle, asked, "Are there any weight limits associated with it?
For example, can I take my 14,000-pound track vehicle that I use
to go hunting and take that on a roadway?"
DEPUTY COMMISSIONER DONLEY said he didn't know; it was in the
DOT&PF's purview.
CHAIR HOPKINS asked, "That sounds like there would be
regulations under DOT&PF's offices that would be impacted by
these new regulations?"
DEPUTY COMMISSIONER DONLEY replied anything that the DOT&PF had
for weight limit restrictions would apply to anything being
operated on public roads.
2:08:40 PM
REPRESENTATIVE SPOHNHOLZ noted AS 28.15.11(b) addresses
licensing of drivers. She asked, "What's the statute for
liability insurance?"
DEPUTY DIRECTOR WRIGHT clarified AS 28.22.11(a)
2:09:15 PM
GLENDA D. LEDFORD, Mayor, City of Wasilla, had her written
statement read by Chair Hopkins. The statement [hardcopy
included in the committee packet] read as follows [original
punctuation provided]:
On behalf of the Mayor Ledford and Chief Smith, the
proposed regulation does not make sense in an urban
environment such as Wasilla. This would create a huge
safety problem with ATV's and Snowmobiles traveling
along with passenger vehicles, pickups, and tactor
trailers hauling freight and heavy equipment on State
roads like the Parks Highway, Palmer-Wasilla Highway,
and portions of Knik-Goose Bay Road. Urban centers
like Wasilla have high traffic counts and this is an
invitation for conflict & accidents. Other State roads
in our area that would be affected include Wasilla-
Fishhook Road, Bogard Road, Church Road and Old
Matanuska Road. The City of Wasilla would certainly
seek an ordinance to restrict the use of ATV's &
Snowmobiles on local roads as a safety measure to
protect the citizens in our community.
CHAIR HOPKINS stated questions could be submitted until April
18; email could be supplied.
2:12:06 PM
The committee took a brief at-ease.
2:12:28 PM
DR. NATHAN BELZ, Associate Professor, Civil Engineering,
University of Alaska, College of Engineering and Mines, stated
ATVs helped fulfill needs and were far cheaper to ship than
vehicles. Related facts about crashes in Kotzebue, Alaska,
which had a population of 3,300 in 2013: 604 registered snow
machines and 372 registered passenger cars; 25% of all traffic
crashes involved ATVs/snow machines; 21 crashes in 2013-2017
involved speeding ATVs on village streets. He shared Off-
highway vehicles (OHVs) significantly contributed to the economy
from a recreation perspective; yet, from a transportation
perspective, 30% of communities were located on a contiguous
highway, which accounted for about 80% of residents. He
imparted speed limits in Alaska were 55 mph unless posted
differently, 61.5% of DOT&PF roads were paved, 31% of all roads
in Alaska were paved, and 1900 miles would potentially be
affected by proposed changes.
DR. BELZ shared OHV fatalities within the last five years
exceeded the goals of the Strategic Highway Safety Plan,
developed by DOT&PF. The numbers were increasing as well, and
were starting to include bicyclists and pedestrians, he added.
2:16:58 PM
REPRESENTATIVE MCCABE asked how many accidents took place on
roads.
DR. BELZ replied the numbers reflected crashes and traumas
resulting from OHV accidents on roadways.
REPRESENTATIVE MCCABE asked if crossing the road counted.
DR. BELZ replied crossing was same if the occurrence took place
on the road.
REPRESENTATIVE MCCABE asked if the shoulder of the road and/or
ditch counted.
DR. BELZ replied the "on the shoulder" did not include the ditch
of the roadway.
2:19:51 PM
DR. BELZ clarified the Consumer Federation of America defined
OHVs and ATVs as having three or four low-pressure tires, a
straddle seat for the operator, and handlebars for steering
control. Recreational off-highway vehicles (ROVs) were defined
as four or more vehicles with low-pressure tires, bench- or
bucket-seating for two or more occupants, automotive-type
controls for steering, throttle, and braking, rollover
protection, occupant restraint, and maximum speed capabilities
greater than 30 mph.
CHAIR HOPKINS asked what happened with low pressure tires if you
had to slam on the brakes at 45mph.
DR. BELZ replied OHVs typically had deep tread tires, which
could act unpredictably, were even prone to coming off the rim,
and could likely result in the operator losing control.
DEPUTY DIRECTOR WRIGHT replied she didn't know about tires.
CHAIR HOPKINS asked if DMV had requirements for tire pressure
levels.
DEPUTY DIRECTOR WRIGHT said she would follow up.
2:23:15 PM
REPRESENTATIVE MCCABE asked if there was data to back up tires
coming off rims at low pressure because he never had it happen
to him.
DR. BELZ replied it was through the Consumer Product Safety
Commission (CPSC) and other related agencies, and referenced
paved surfaces, not gravel.
REPRESENTATIVE MCCABE asked if CPSC information could be made
available.
DR. BELZ replied yes.
2:25:06 PM
DR. BELZ shared he felt the proposal was dangerous and ill-
advised, and shared the grounds on which he made that claim:
nationwide, crash and injury data indicated on-road OHV drivers
and passengers were twice as likely to incur major trauma as
those who were off-road crash victims; on-road OHV fatalities
were 77% more likely to involve alcohol, were 44% less likely to
involve the operator wearing a helmet; on-road OHV crashes
accounted for 60% of all ATV-related deaths; on-road ROV crashes
accounted for 69% of all ROV-related deaths, he shared. Alaska
had one of the top ten highest ROV-related death rates on public
roads, with 28.6 deaths per 100 million people between 2007-
2011, and ranked second in US states for number of off-highway
vehicle-related fatalities from 2004-2013 when compared with the
total number of miles traveled within the state, he added.
2:27:12 PM
REPRESENTATIVE MCCABE asked if there was a variable for speed.
DR. BELZ replied the statistics did not account for speed.
2:28:06 PM
REPRESENTATIVE CRONK asked how many people died.
DR. BELZ replied Alaska was in the top 10 highest ATV/OHV-rider-
related deaths on public roads.
REPRESENTATIVE CRONK asked what years?
DR. BELZ replied the data was from 2007-2011, and the study was
published in 2014 in the Journal of Safety Research.
2:29:06 PM
REPRESENTATIVE MCCABE asked if the most current was 2014,
because it was a bit dated.
DR. BELZ replied there was more recent data as well and he would
get to that.
2:29:54 PM
DR. BELZ shared there were multi-agency summits in the early
2000s to try to address the issue; in 2017 a study on safety of
OHV use in Alaska was conducted. In 2019 Gabriel Fulton and
Tristan Sayre, graduate students, helped complete the work, he
shared. The study used mixed-methods approach, in which
residents were required to register snowmobiles which were
driven off private property. Their registration was not
required by the DMV, but ATVs with low-pressure tires could be
registered as "snow vehicles," he said. Dr. Belz went over
borough and city policies on slides 32-33. He noted 13 boroughs
currently defaulted to state provisions, five boroughs and eight
cities currently had on-road OHV policies, and the policies were
each unique in some way from each of the others in terms of time
of day, age of operator, helmet use, and more. Alaska Trauma
Registry totals were on slides 35-38, he shared: the totals
indicated 25% of the 1352 crashes involving ATVs and 18% of the
936 crashes involving snowmobiles throughout the years 2009-2014
took place on highways and roadways, he put forth. The Alaska
Trauma Registry also indicated trauma was 5x and 2.5x more
likely for OHV and snowmobile operators respectively on roads
than on trails and wilderness areas, he stated.
2:33:28 PM
CHAIR HOPKINS asked how new regulations' implementation impacted
plans having to be rewritten or not.
DR. BELZ said he would need to refrain from answering until
after the public comment had ended.
2:34:24 PM
REPRESENTATIVE CRONK stated it seemed to be a rural vs. urban
decision, where in the rural areas OHVs, including on roads,
were a way of life.
CHAIR HOPKINS agreed; wondered how Fairbanks could opt out, as
it was much too urban, whereas somewhere like Toque would choose
to opt in.
2:36:56 PM
REPRESENTATIVE MCCABE noted Alaska was so much further below
other states such as Florida, Illinois, and Minnesota in total
fatalities, despite OHVs being operated so much more in Alaska,
and asked if any variable had been put into place to reflect the
amount of time Alaskans spent on OHVs versus the total
fatalities.
DR. BELZ said there was no data to reflect the number of hours
used by OHVs nor was there available mileage data, as there was
for conventional automobiles.
2:39:24 PM
DR. BELZ went over slides on incidents and fatalities between
the years 2013-2017 on slides 39-42. The DMV report indicated
there were 255 OHV and snowmobile incidents on highways and
roadways throughout 2008 and 2012, he put forth. During the
2008 and 2012, 30% of incidents resulted in serious injury or
fatality, 17% involved operators aged 16 or younger, and 40%
occurred at intersections, he stated. Between 2013-2017, there
were 227 incidents, 40% resulting in serious injuries, 20%
involved operators aged 16 or younger, and 30% took place at
intersections, he shared. Throughout 2009 - 2017, the highest
crash densities were in the smaller communities, he pointed out,
referencing slide 42. He shared screenshots of OHV/ATV news in
national media in 2017-2018, which he shared on slides 43-45.
He shared graduate student Tristan Sayre's project summarized on
slides 50-54, in which still images and videos were used to
analyze OHV operator safety.
2:45:28 PM
REPRESENTATIVE MCCABE asked about the pictures, because some
operators appeared to be traveling on trails and some in
ditches.
DR. BELZ replied some were using the road lawfully while some
others were not.
DR. BELZ imparted the proposed changes were directly contrary to
the Alaska Strategic Highway Safety Plan developed by the
DOT&PF, stakeholders, and the Alaska State Troopers. He said
Troopers were not able to pursue an OHV if the operator were to
flee from a traffic stop, which was problematic. He shared The
Specialty Vehicle Institute of America stated "ATVs are intended
for off-road use only. Never operate an ATV on public roads, and
always avoid paved surfaces. ATVs are not designed for use on
public roads..." and the Consumer Federation of America
coalition members have signed onto over 230 letters in 26 states
since 2014 advocating against legislation to allow OHVs on roads
as they "are not designed for roadway use and therefore should
not be allowed on public roads."
2:49:46 PM
REPRESENTATIVE MCCABE asked how many fatalities would have been
prevented if helmets had been worn.
DR. BELZ said he couldn't comment on the crashes that might have
been prevented specifically, but over 40% of fatalities
indicated no helmet was worn at the time of the incident.
REPRESENTATIVE MCCABE asked if drivers had been wearing a helmet
and proper clothing would they have been okay and commented
there were too many variables in the study.
CHAIR HOPKINS asked if Representative McCabe would like to see
regulations put forward for a mandatory helmet law.
REPRESENTATIVE MCCABE replied he wore a helmet.
CHAIR HOPKINS replied he was glad about that.
REPRESENTATIVE MCCABE asked whether part of the issue was having
such a generic term; that many OHVs were safer than others.
CHAIR HOPKINS replied that was part of the problem.
2:54:31 PM
DR. BELZ seconded Representative McCabe in that the nature and
design had changed markedly since ATVs/OHVs were referred to as
such, and the generic definition was a problem. It was why the
distinction between ATVs and ROVs existed within OHVs, he
stated. It was still trye, he added, however, none of them were
recommended on roads, especially on paved roads, for all the
other reasons already mentioned.
CHAIR HOPKINS asked if there was confusion between the
definitions and acronyms.
DR. BELZ replied yes, snow machine/snowmobile, e.g.; more would
be addressed through the public comment period.
2:56:37 PM
REPRESENTATIVE HANNAN asked about the Alaska State Trooper
regulations regarding pursuit and enforcement, and if they would
change.
CHAIR HOPKINS added the DPS would be made aware of the question.
2:58:09 PM
DR. BELZ though we would most people would appreciate the new
freedom, as a transportation professional it was clear Alaska
had a safety issue regarding the law, and safety advocates
agreed.
2:59:24 PM
REPRESENTATIVE CRONK asked for a breakdown and whether alcohol
was involved.
DR. BELZ replied 2014-2017 20.4% of documented crashes involved
operators under the age of 16, 30.5% involved operators between
the ages of 16-25, and alcohol was suspected in 22% of the
incidents.
3:02:21 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 3:02
p.m.