ADRENALINE JUNKIES: UTAH CHILDREN RISKING LIFE AND LIMB AND THE PARENTS AND LAWMAKERS WHO LET THEM

Abstract

Utah's unique and diverse landscapes are a dream come true for off-road enthusiasts. Riding motorcycles and all-terrain vehicles ("ATVs") is a popular sport among riders of all ages and skill levels. For many Utahans, recreating with off-highway vehicles ("OHVs") is a family affair. However, recent news of children dying in ATV and motorcycle accidents has divided public opinion regarding the extent to which children should be allowed to operate these machines and what restrictions should be in place. Between November 2008 and June 2009, at least three children under age nine died in Utah from ATV and motorcycle accidents. In fact, between 1984 and 2004, fifty-six children under the age of sixteen died in Utah from ATV accidents. In 1987, Utah legislators sought for the first time to combat the risks associated with OHVs by placing restrictions and requirements on a child's ability to drive OHVs on public land. This Note considers why restrictions are needed, what the restrictions are in Utah and whether those restrictions are adequate. The Note then suggests amendments to remedy shortcomings in the current legislation, and concludes by emphasizing the importance of parental cooperation in following OHV rules.