*This story has been updated to correct an inaccuracy. The story originally reported that the Haines Borough Assembly would need to vote to change code to allow ATV use in the borough. That was based on a misunderstanding of code. The new state law has taken effect in Haines and the assembly would need to vote to opt out if it wants to make changes.
A new state regulation that took effect Jan. 1 allows people to drive ATVs on roads with speed limits of 45 mph. The law will stand unless the assembly votes to opt out.
Borough code currently allows ATVs to travel on borough streets and roads at speeds not exceeding 25 mph. Gov. The new state law opens up the entire borough to ATVs with the exception of the Haines Highway and a portion of Lutak Road.
Police chief Heath Scott said he and Haines Volunteer Fire Department leaders have spoken to borough manager Annette Kreitzer about the issue, and they hope the assembly will provide direction.
“We’ve sat down with the manager and expressed some concerns and we want the assembly to weigh those,” Scott said. “We’re not pushing to make a decision one way or the other. We just have to understand the risk we’d be accepting.”
The Alaska Association of Chiefs of Police opposed the law last year, citing safety concerns.
“I think what the general concern is, is that those ATVs are really not meant for roadways,” Scott said. “Forty-five miles per hour is a pretty high speed for four-wheelers. I think the concern that the Alaska Association of Chiefs of Police holds is that there is potentially going to be a lot more accidents around the state to contend with.”
Kreitzer brought the issue forward in her manager’s report during Tuesday’s regular meeting but no discussion took place.
Advice from regional public safety officials isn’t entirely consistent. Earlier this month, the Petersburg Borough Police Chief told his borough assembly that allowing ATVs on roadways could benefit its residents, and Petersburg’s assembly, by taking no action, allowed the new state law to take effect, according to local media reports. The Sitka assembly voted to prohibit ATVs after Sitka’s Police and Fire Commission asked officials to opt out of the law. ATVS were already street legal in Wrangell before the new state law took effect.
According to Anchorage Daily News reporting, the cities of Fairbanks, Wasilla, Palmer, Anchorage, Juneau, Kenai, Soldotna and Homer all ban ATVs on roadways. The Mat-Su Borough, Kenai Peninsula Borough, Denali Borough and Fairbanks North Star Borough allow ATVs on borough roads.
In Haines, two residents weighed in on the issue in written public comment to the assembly. Kathleen Menke cited noise and safety concerns on Mud Bay and Small Tracts roads.
“The community needs to weigh in on this unwanted, unasked-for, dangerous and noisy plan for our residential neighborhoods,” Menke wrote.
Lynette Campbell supports the new state law and said it allows increased travel opportunities.
“ATV/APV use allows a wider range of people to move around who might not otherwise have the ability to drive another type of vehicle,” Campbell wrote. “People who can’t afford a motor vehicle can be served with a much more affordable ATV/APV.”
Based on the new state law, ATV drivers must have a valid driver’s license and insurance, the vehicles must be registered and have license plates, have front and rear lights and a muffler, carburetor and throttle. Helmets are required for passengers but not for drivers.
All-purpose vehicles are defined as “any self-propelled device that is on wheels or tracks that come in contact with the ground” but does not include snowmachines and hovercraft.