The debate over the “safe” age for ATV riders seems to completely miss the point. Contrary to Insurance Commissioner Jim Long’s suggestion, it is beyond the power of the state legislature to “fix the problem” of youngsters getting killed or hurt by ATVs. No legislation can suddenly raise the IQ of dumb parents. Like many things in life, there is no magic age of competence for ATV use. It is down to attentive, engaged parents to know if and when their charges can interface with manifestly dangerous equipment. For some kids perhaps age 7 or 8 is fine, for other daredevil types, well, maybe never is best.
A new state law would not address this. In fact, given that much ATV use occurs on private trails, it is unclear to me how a new 12-year-old age limit would be effectively enforced. And although I know law enforcement likes nice, bright lines this issue seems to fall under the general area of child endangerment, and as such, requires a great deal of subjective input from everyone from officers to prosecutors. The odd deputy would seem to already have plenty of authority to stop the odd, helmet-less 11-year-old from tear-assing across a field and give his parents a good talking to along with a stern warning.
Such informal social sanctions can carry great weight, even if they are not formal legal actions. Still, that seems a better route than a new law that has the illusion of protecting kids.
