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Old 10-09-2013, 09:57 PM   #511
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Originally Posted by Cannonshot View Post
For those that haven't been paying attention, American Motorcyclist is now published in two versions. One version is principally OHM and the other is principally street - although some content overlaps.

For those interested in the OHM version, it might be a good idea to call member services at 800-262-5646 to tell them which version you want. Have your member number handy.

There is also an option to get both versions for $10 more per year.

For members that like to read on-line, you can find both versions there. Good thing too. I see some adventure and dual sport content is in the street version.

This month's street version mentioned a new law in WI establishing a 7 member ORV Council. We had an ORV Council. This law changed it from DNR appointment to Governor's appointment. The law also changed the focus of the council to ATVs.

We will have our own council for OHM with the new legislation.
Thanks for staying on top of things!!
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Old 10-10-2013, 04:20 PM   #512
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From 2TrakR regarding MI.

ORV Sticker is now two stickers, a $26.50 sticker for the ORV and an add-on $10 sticker if you are ALSO riding the ORV Trails. We don't know how this will apply to street legal bikes, but we're pushing for it to mean plated bikes only need the $10 add-on sticker.
State Highways can now be opened up to ORVs, MiDOT must approve the sections.
All counties can now open their county roads to ORVs.
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Old 10-10-2013, 08:43 PM   #513
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Quote:
Originally Posted by Cannonshot View Post
From 2TrakR regarding MI.

ORV Sticker is now two stickers, a $26.50 sticker for the ORV and an add-on $10 sticker if you are ALSO riding the ORV Trails. We don't know how this will apply to street legal bikes, but we're pushing for it to mean plated bikes only need the $10 add-on sticker.
State Highways can now be opened up to ORVs, MiDOT must approve the sections.
All counties can now open their county roads to ORVs.
I'm sure people will bitch about it, but it's still a great deal
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Old 10-10-2013, 10:51 PM   #514
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Quote:
Originally Posted by Cannonshot View Post
From 2TrakR regarding MI.

ORV Sticker is now two stickers, a $26.50 sticker for the ORV and an add-on $10 sticker if you are ALSO riding the ORV Trails. We don't know how this will apply to street legal bikes, but we're pushing for it to mean plated bikes only need the $10 add-on sticker.
State Highways can now be opened up to ORVs, MiDOT must approve the sections.
All counties can now open their county roads to ORVs.
This is great!
The more gates are opened the better it gets!
Thanks again my friend!
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Old 10-28-2013, 04:58 PM   #515
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An initiative I started working on earlier this year just came through.

Travel Wisconsin will now allow us to post some of our motorcycle events on the Travel Wisconsin website.

This is good for us as it will promote our recreational interest and assist riders with connecting with riding opportunities in Wisconsin.

Remember the folks in Boulder Junction that just organized a club and want to promote their location as a dual sport destination? This will be useful to them.

It will also be useful for some of our dual sport and adventure motorcycling events. There is a strict criteria as to what can be promoted on the site so not everything I usually list here will qualify.

A problem we face is that the deadline for the printed activity guide is in October so clubs that want to be in it will have to come up with their event dates and information prior to that. I will work with the clubs on that.

Our category (Adventure and Dual Sport Motorcycling) is not installed on the site yet so I have to follow up and get that done before I can start posting.

I plan to include some images with the events I post so if I don't have them I may be asking for them.

I am also writing a brief article to introduce our stuff just ahead of the next riding season.

I'll put more information out as I work things out.

I am the primary poster and Hotspice generously agreed to be my back-up. Thank you Tony! Tony and I will sit down and go over the material so we have a common understanding of the rules.

Another step forward for our interests.
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Old 10-28-2013, 06:02 PM   #516
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Way to go!
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Old 10-28-2013, 08:14 PM   #517
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Thanks Cannon
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Old 10-29-2013, 03:08 PM   #518
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Awesome work Cannon
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Old 11-05-2013, 02:00 PM   #519
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Just answered an inquiry from out of state about our landowner liability law here in Wisconsin.

In the process of pulling up the statute I came across this article which is a nice overview of some of the issues. I'll share it here.

Landowner Liability


Landowner Liability For Recreational Activity Injuries
By Joel L. Aberg and John Robert Behling

All seasons in Wisconsin provide opportunities to recreate in the great outdoors! But along with recreational activities comes the increased risk of injury.

In an effort to encourage landowners to allow others to use their property for recreational purposes, defined as "any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure," the Legislature adopted Wisconsin's recreational immunity statue, Wis. State. 895.52. That statute protects landowners from civil suits by providing that landowners have no legal obligation to recreational users to keep their property safe for recreation, no duty to inspect, and no duty to warn about unsafe conditions which may exist. Further, the courts have determined that this statutory immunity applies to both natural and man-made conditions (including buildings or structures) on property.

Landowners must be aware, however that there are exceptions to this broad statutory immunity. Landowners who receive more then $2,000 a year from person(s) using their property are not covered by the statute. Similarly, the landowners who allow use of their land for "organized team sporting activity sponsored by the owner of the property" are not immune from liability for injury to either participants or spectators.

Further, while there is generally no duty to warn about unsafe conditions, a malicious failure to warn would not be protected from liability. For example, if you direct a hunter to use a deer stand which you know is dilapidated and, therefore, dangerous, you will likely not be immune from suite.

Finally, there is no immunity for social guests who have been expressly and individually invited by the landowner for a specific occasion and are injured while on residential property, platted land, or are within 100 yards of commercial or manufacturing buildings when injured.

The Wisconsin Supreme Court has recently and regularly limited the scope of statutory immunities, including recreational immunity. In 2001, the Court limited the statute's scope to "purer" recreational activities which fulfill the legislative purpose of encouraging property owners to allow others to use their land for recreational activities. In that case, children were injured while playing in stacks of baled paper in a fenced production facility.

In that same year, the Supreme Court determined that the recreational immunity provision did not apply to a student injured while playing during a mandatory school recess because recreation was not the primary purpose of the visit.

Both the Wisconsin Supreme Court and the Court of Appeals issued decisions last year which continued this trend limiting statutory immunities from liabilities. In the first case, the Supreme Court continued to discount the impact of waivers often found on the back of tickets, on receipts, on entry forms, or on signs which attempt to "waive liability" or "hold harmless" the landowner. The waiver form typically states that the user is aware of the risks of attending a sporting event, downhill skiing, long distance running, hiking, horseback riding, swimming, etc., and therefore, agrees to not sue if injured.

Before being allowed to swim, a user signed an agreement to hold the pool owners/operators harmless. The Supreme Court held such a waiver signed by a potential user of a swimming pool unenforceable because it was overly broad, served two purposes (registration and waiver), and did not give the user an opportunity to bargain. In doing so, the Court revived the concept of requiring the potential user to have an opportunity to bargain in these situations - a concept the Court previously had rejected.

Last year's Court of Appeals case involved injuries arising out of a horseback riding fall. The Court of Appeals found the equine immunity statute, which parallels the recreational immunity statute and holds that horse professionals are immune from suit for acts or missions arising out of equine activity, inapplicable because the landowner did not safely manage the horse in the context of the rider's ability and experience, It also found that three releases signed by the rider and her parent were unenforceable because they did not adequately alert the signers to the significance of what they were signing.

On paper, Wisconsin landowners possess very broad immunity from liability for injuries that arise out of recreational activity on their land, However, people who are badly injured make compelling plaintiffs - they generate the sympathy of juries and judges alike, Thus, while there is a public policy of encouraging landowners to allow others to use their property for recreational purposes, landowners should be aware that there are risks.

Particularly if you are charging fees for the recreational use of your property, we recommend requiring the user to sign a waiver document which alerts them to the risks and restricts access unless they sign. In light of the Wisconsin Supreme Court's decisions in Atkins, the drowning case discussed above, we recommend that the waiver allow the user to use the property for a nominal fee, if they sign the waiver, or they can use the property without signing the waiver but only if they pay a significant fee, say $100 for each day of access.

This article is intended for general informational purposes only, and should not be construed as legal advice. Always contact your legal counsel for advice or answers to your questions.
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Old 11-08-2013, 06:33 PM   #520
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Good day for us at today's State Trails Council meeting.

I have been researching the concept of repurposing trails from one designated use to another for special events.

I dug into two examples interviewing club members, riders, and government officials. One was the MN DNR repurposing horse trails for a motorcycle event twice a year. The other was the USFS repurposing mountain bike and hiking trails for a motorcycle event once a year.

Prior to giving my presentation, I heard reports from the DNR about what bad shape they were in money-wise to even try to sustain what they already have much less come up with new stuff. This set the stage perfectly as the proposal I was about to make had to do with making more out of what we had.

I covered the case studies and got a lot of interest and questions. In the end the DNR thought it was a good idea for them to get permission from the Natural Resources Board to repurpose trails. This is a huge breakthrough for us because if the use isn't covered in the Master Plan (which had studies and hearings when it was developed) it wasn't going to happen without going through a huge procedure to change the Master Plan.

All this sets us up to be able to ride other trails for weekend events. If this was done at multiple locations around the state, it would open up a lot of trail riding weekends for OHM. This doesn't replace us developing our own OHM trails, but it is a nice interim step to give us places to ride.

In speaking with officials after the meeting, someone pointed out that a state forest closed a horse campground because it was only used in spring and fall. During the summer, insects were a problem for horses at the camp. In a situation like this, we could "own" the campground and horse trails for motorcycle riding for most of the summer.

We could put on a dual sport ride using mountain bike, hiking, and horse trails under this concept.

I got a lot of support from the equestrian representative during the discussion phase of my presentation. In the end the council voted UNANIMOUSLY for the DNR to proceed with this concept.

Next step is that I have to repeat the presentation to the DNR Secretary and her deputies.

This action can afford us some great opportunities.
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Old 11-08-2013, 06:45 PM   #521
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I should probably mention here that American Motorcyclist Magazine recently interviewed me about what I do as part of our advocacy team for off-highway motorcycling here in WI. They published an article about it in the December issue of the magazine (dirt version). Hopefully it gives some insight and inspiration to others about things we need to do to support our recreational interest.

Don't know exactly how they decided to interview me. One day I got an e-mail asking to do an article. If someone suggested it to them, I thank you. I hope the article helps our cause.

If you get the street version, the article won't be in it. Since the article is about OHM issues, it is in the dirt version. The AMA posts both versions to their website so no matter which magazine you get, you can view the content of both versions.

In the mean time, someone sent me a scan. Set "view size" to "original" to read it.

And thanks to inmate Bonebag (Central Rally guy) for doing the photo shoot for the magazine. He took some nice shots.

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Old 11-08-2013, 06:51 PM   #522
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Awesome work with the Trails Council, Cannon! Your hard work is leading to good fortunes for all of us.

Glad to hear you got some well deserved exposure in the AMA mag!
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Old 11-08-2013, 07:21 PM   #523
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I should add that I covered a couple of other things with the DNR and the other user groups on the council.

I went over a study that compared trail wear by hikers, horses, and motorcycles. Long story short, horses are toughest overall. Motorcycles are worse than the others going uphill but better than hikers and horses going downhill.

I also covered a study that found that horseback riding was 20 times more dangerous than motorcycling. No surprise to equestrians.

None of this was to knock other user groups. I made it clear the intent was to gain a more accurate perspective based on facts.

I was also able to show people what riding single track is like. Since most people have never seen a single track motorcycle trail or heard an OHM on that trail, they can only speculate what it is like. Often they relate it to motocross they have seen on television. I explained that was like associating a ride in your SUV through the National Forest to a NASCAR race. I played helmet cam video from a recent dual sport event and narrated about trail features, the treadway, the lack of noise, speed, traction control, and the like. People really got into the video and I think it went a long way in giving people a very comfortable understanding of off-highway motorcycling.

I was also able to use a lot of pictures of families, women, and children riding OHM in a briefing I gave. It helped to establish a better picture of what off-highway motorcycle riders were like as people.

Understanding brings acceptance. Acceptance allows us to move ahead.

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Old 11-08-2013, 07:29 PM   #524
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Quote:
Originally Posted by Cannonshot View Post
I should add that I covered a couple of other things with the DNR and the other user groups on the council.

I went over a study that compared trail wear by hikers, horses, and motorcycles. Long story short, horses are toughest overall. Motorcycles are worse than the others going uphill but better than hikers and horses going downhill.

I also covered a study that found that horseback riding was 20 times more dangerous than motorcycling. No surprise to equestrians.

None of this was to knock other user groups. I made it clear the intent was to gain a more accurate perspective based on facts.

I was also able to show people what riding single track is like. Since most people have never seen a single track motorcycle trail or heard an OHM on that trail, they can only speculate what it is like. Often they relate it to motocross they have seen on television. I explained that was like associating a ride in your SUV through the National Forest to a NASCAR race. I played helmet cam video from a recent dual sport event and narrated about trail features, the treadway, the lack of noise, speed, traction control, and the like. People really got into the video and I think it went a long way in giving people a very comfortable understanding of off-highway motorcycling.

I was also able to use a lot of pictures of families, women, and children riding OHM in a briefing I gave. It helped to establish a better picture of what off-highway motorcycle riders were like as people.

Understanding brings acceptance. Acceptance allows us to move ahead.

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Old 11-09-2013, 09:36 AM   #525
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Excellent news and great work Cannon!
I wanted to add a few comments about the multi-use trails. I have a family consisting of a wife and four daughters. We all ride together but most prefer ATVs so finding a trail that allows all of us to ride together is difficult. When it comes to the erosion issue shared use of ATV trails is a moot point because the last ATV in our group canít even distinguish where the first two cycles went. Still it is widely held misconception that motorcycles leave nothing but ruts.
Every year there are several heavy storms that do more damage than all the types of riding combined. Any hill without vegetation will suffer this fate no matter what machine or animal removed it! Wide open two tracks (snowmobile, horse, or ATV) are much easier to maintain using heavy equipment. Single track is an entirely different animal from a maintenance stand point but I am not sure why it is an issue when not in a sensitive area. I think most of us like it a little rough!
As a family we also ride hundreds of miles on horseback on several of the trail systems. Southern Wisconsin has a lot of scenic trails (North and South Kettle Moraine parks, Governor Dodge). I can attest to the fact that heat and bugs will prevent use of the trails by horses. I can also say that horses tear up trails but knowing most horse people are crazy so I canít imagine the complaints the DNR gets about the maintenance of the trails. After riding the Kettle Moraine Field and Forest DS ride recently I know that 150 bikes on a wet fall day really donít do as much damage as some people think. I am excited to think that I could finally ride the same trails during an event some day! As I am plodding along on horseback I often imagine how fun it would be, sometimes that is the only thing that can distract me from my sore ass!
I am again grateful for all the hard work Cannon and others have done to work towards establishing more trails. I have my hands full with family and work but I would gladly help attend meetings or write letters to help where I can.
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