PA Senate Passes Bill That Would Allow Destruction Of Illegal ATVs

HARRISBURG — The Pennsylvania Senate has voted on a measure that would allow certain municipalities across the state to destroy confiscated ATVs and dirt bikes that were found to be operating illegally on the street.

The senate voted near unanimously this week on S.B. 1183, which would allow third-class cities in Pennsylvania to destroy all-terrain vehicles, dirt bikes and snowmobiles that were confiscated by the government after riders are found to be operating the vehicles illegally on city streets.

In southeastern Pennsylvania, cities like Reading in Berks County and Allentown in Lehigh County are examples of third-class cities.

Philadelphia, by contrast, is the only first-class city in Pennsylvania. It apparently would not be affected by this legislation if it becomes law, even though Philly, ironically, has had a documented problem with illegal riding of ATVs and dirt bikes on city streets.

Some in Philadelphia have argued that criminalizing the issue in the City of Brotherly Love is not the way to go, since it could disproportionately affect minorities, and that the city's dirt bike riding in the streets is actually part of a sub-culture and would perhaps better be dealt with by creating a dedicated park for dirt bikes and ATVs.

A WHYY article a couple years back captured this argument.

The lone 'no' vote during this week's vote on S.B. 1183 actually came from State Sen. Nikil Saval, a Philadelphia Democrat.

According to an article in the Reading Eagle, the state proposal was actually modeled after a similar ordinance passed by Reading City Council a year ago.

The proposal, which passed 48-1, now heads to the state House of Representatives.

The measure's prime sponsor was State Sen. Patrick Browne, a Republican from Lehigh County.

Sen. Wayne Fontana, a Democrat from Allegheny County in western Pennsylvania, was one of the bipartisan bill's cosponsors.

According to a co-sponsorship memo circulated by Browne when the legislation was introduced back in March, the bill would allow third-class cities and boroughs to either sell off or destroy ATVs and dirt bikes found to be operating illegally in the streets.

"The operation of dirt bikes and ATVs on public roadways, especially in urban areas, often by a group of riders at the same time engaging in speeding and reckless driving, poses a danger to motorists and pedestrians and a threat to public safety," Browne wrote in the memo.

Browne stated that the current penalty for this crime is only a summary offense, "which is not a sufficient deterrent to keep these recreational vehicles off public roadways," Browne wrote.

Browne said that the Pennsylvania bill comes soon after passage of similar legislation in New Jersey. He said the Garden State passed into law SB 4080 back on Jan. 10 of this year.