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By Harry Esteve, The Oregonian The Oregonian on March 12, 2013 at 5:29 PM, updated March 12, 2013 at 7:20 PM Print Email
The Oregon State Senate approved a bill that would allow children under 7 to ride all-terrain motorcycles on public land.
Don Ryan/AP SALEM -- Talk about your jarring juxtapositions. A week after the Oregon House approved a bill that would forbid anyone under 18 years old from using a tanning booth -- citing health concerns -- the Senate on Tuesday voted 22-7 to allow children under the age of 7 to ride off-road motorcycles on public land.
Motorcycles and dirt bikes are considered among the more dangerous pastimes, with deaths and injuries reported every year. But supporters of the change said it's up to parents, not the state to decide what's safe for their kids.
"Government can't protect children, but a parent can," said Sen. Bruce Starr, R-Hillsboro. "Who cares more about a child than a parent?"
Supporters see Senate Bill 238 as a way to improve safety for young off-road riders because it requires anyone under 16 to meet minimum size requirements, known as a "rider fit" test before they can be certified to ride Class III ATVs, or dirt bikes. But the bill also repeals an existing prohibition on anyone under age 7 from riding those motorcycles.
As such, the bill has gotten the nickname "tykes on bikes" because it holds out the prospect of kindergartners and other youngsters tearing around trails on motorcycles.
"It seems a little young to me," said Sen. Betsy Close, of Albany, the only Republican to vote against the bill. Close, who spoke to The Oregonian after the vote, said her husband once spent several days in the hospital after flipping a minibike years ago.
Ethan Lodwig, a member of the Emerald Trail Riders Association and Oregon Motorcycle Riders Association, waved off such concerns. The bill simply brings standards for off-road motorcycles up with other four-wheeled ATVs, which have no age restriction, he said.
The rider fit test determines which riders are appropriate for which motorcycles, and have dramatically reduced injuries and deaths among youths who ride quad ATVs, Lodwig said.
"Some of our children are ready to ride when they are 5 years old," said, including his own. Trail riding has become part of his family's lifestyle. "For us to go out and take him on a trail ride on public lands and get a ticket for that is frankly a little insulting."
Yet Dr. Jason Sundseth, an emergency medicine physician at Providence Milwaukie, said injuries from ATVs and off-road motorbikes are common. He's seen accident victims with broken bones but also head and neck trauma, which can be serious or fatal.
"When you take a motor to propel yourself, you can have high-velocity injuries," he said. "You can end up with a tree branch sticking through you, or a fence post."
He said he doesn't know enough about the bill, or the fit test it requires to offer judgment on whether it's good policy. But he questions whether children under 7 have the skills, coordination and strength to avoid crashes.
"If this law was to pass, I would expect to see more young people in the emergency department," Sundseth said.
Then there's Gov. John Kitzhaber, who spent years as an emergency room doctor and knows first-hand what happens when youngsters have accidents. He didn't issue any veto threats Tuesday, but spokesman Tim Raphael said: "We have some concerns."
The bill now heads to the House, which last week voted 38-18 to prohibit minors from using tanning beds without a doctor's permission.
Also last week, a Senate committee sent a bill to the floor that would ban smoking in cars when a minor is present.
Starr said the off-road motorcycle bill adds another layer of protection against accidents by requiring that young riders prove they can physically handle the bikes. The bill also is necessary, he said, "to ensure that families can recreate together."
Sen. Jeff Kruse, R-Roseburg, noted that he and his friends started driving tractors at the age of5. "Somehow we managed to survive."
Democrats also expressed support.
"Let's be clear on this," said Sen. Lee Beyer, D-Springfield. Youngsters already operate off-road motorcycles. The bill ensures they're certified first, he said. "This is a bill that's more likely than not to increase safety."
The only one to speak against the bill on the Senate floor was Sen. Laurie Monnes Anderson, D-Gresham, a registered nurse.
"It really does not seem prudent to allow children under the age of 7 to operate such machinery," Monnes Anderson said. "I do not believe they are ready to operate a vehicle with this kind of power."