Alabama Mississippi ATV law help and Q&A

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JohnCannon -> Alabama Mississippi ATV law help and Q&A (9/19/2006 12:04:19 PM)


A couple of MaD members and myself attended a CAG (Community Action Committee) last night in Semmes Alabama. We were told that this meeting was going to be about ATV and how the Sheriffs Department was going to handle future problems and other issues in the future.
We wanted to attend to make sure all ATV riders were not thrown in a big bucket and punished for the actions of few. What we found was that this meeting covered a lot of issues that affected the community including drugs, speeding, and others that the Sheriffs Department could look at more in detail.

Very little was discussed about ATVs during this meeting but ATVing became a very hot topic after the meeting. We spoke with Captain Mike Reynolds of the Mobile Sheriffs Department about current ATV issues they were dealing with. I introduced myself and told him about MUDandDIRT and how MaD was involved in a major land issue a couple of years back and how we as a group helped the Sheriffs Department stop most of the illegal ATV riding in Mobile on the Mobile Water and Sewer Systems land. He remembered the issue and remembered me.

He said that the biggest problem right now is the illegal riding in Escataba River. He said that they had to start using more forceful tactics to stop the riding especially around the bridge in Earlville. I told him that MUDandDIRT had a big footprint in the area and I would relay the message about this issue.

We also talked a little bit about the law. Here are some of the topics we covered that I thought should be relayed.

Do you get a ticket for Trespassing in Mobile County?
No,, You go to jail

If land is not marked with no trespassing sign is it legal to ride on that property?
No.. All land is implied no trespassing. If you do not have permission to ride on that land you can be prosecuted.

Is there a law about riding in the river?
No and Yes. It is not against the law to ride in the water in Alabama (that we knew of) but if you ride out of the waters edge on land that does not belong to you then you are trespassing. You only have the right a way in the water.

If you are riding an off-road vehicle like an ATV, dirt bike, etc on the road or on the county right of way you can be charged with reckless driving which goes on your driving record.

We talked about other issues and how we can help. One of the ideas we talked about was get local ATV shop involved in getting new ATV, Dirt Bike owners’ knowledge on Alabama and Mississippi law.

We talked about making a small pamphlet or flier that can be given out during the sales and also given out in the shops.

Captain Reynolds seemed real interested in that idea and asked if we could look into the idea more.

What I would like is some feedback on Alabama/Mississippi law regarding land and water issues and riding on the road with our ATVs/Dirt Bikes. We also would like to know laws that only imply in one of the states and not the other. We would like to find the answers to this question and double check the answers given on the forum. We will then make up a sample pamphlet/flier and present it to the Captain. With his approval we would then present it to the Mobile Police Department for there approval. Once these are done we will meet with the local ATV shops in Mobile County and ask them for assistance.

My requests from you guys are questions or laws you have or know that would be useful in this pamphlet.

No question is too stupid, too small or too big. All will be addressed.

Thanks for everyone’s help
John Cannon



sdf1201 -> RE: Alabama Mississippi ATV law help and Q&A (9/19/2006 12:20:02 PM)

I am not from the Alabama/Mississippi area, but I think this would be a great idea. Most people are ignorant of the law in their state of residence and become angry when they receive a ticket or go to jail for trespassing because they didn't know they were on another's property. I will keep up with this thread and may try to do something similar around my area.



Rat -> RE: Alabama Mississippi ATV law help and Q&A (9/19/2006 4:46:33 PM)

Most land public or private is considered off limits unless posted otherwise.   What this means that if it is not posted saying you can enter or unless you have written permission then it is considered trespassing when you enter that property.

To find out what trails can be ridden on that reside on state public land then find your local Department of Natural Resources site. Most of this sites will give you some clue as to were you can leagally ride. Such as the Mn DNR site. The list all state land that is open for motorized recreation and then they post signs on trails in that section that are off limits to atvs.



4bama1 -> RE: Alabama Mississippi ATV law help and Q&A (9/19/2006 5:00:44 PM)

Crossing a stream or river in Ms is against the law.Private ownership also goes to the botttom of the stream,creek or river.A public waterway is just that.It can be boated on but you cannot ride an atv in the bed of the stream,river, or creek.
All land in Ms is posted and you must have written permision to on you anytime you ride on that private property.Your atv can be impounded and you will get a ticket.
Riding on the shoulder will also get you a ticket as if you were on the road.


Chris



Polaris425 -> RE: Alabama Mississippi ATV law help and Q&A (9/19/2006 5:09:19 PM)

quote:

ORIGINAL: 4bama1

Crossing a stream or river in Ms is against the law.Private ownership also goes to the botttom of the stream,creek or river.A public waterway is just that.It can be boated on but you cannot ride an atv in the bed of the stream,river, or creek.
All land in Ms is posted and you must have written permision to on you anytime you ride on that private property.Your atv can be impounded and you will get a ticket.
Riding on the shoulder will also get you a ticket as if you were on the road.


Chris



I used to work for the office of the Corps of Eng. that helped put that no riding in streams law into action. I couldnt talk them out of helping push it, So, I quit.  I DO know that you CAN still operate a wheeled vehicle in area's considered wetlands. Just nothing w/ tracks.



Scribner -> RE: Alabama Mississippi ATV law help and Q&A (9/19/2006 5:18:07 PM)

quote:

ORIGINAL: 4bama1

Crossing a stream or river in Ms is against the law.Private ownership also goes to the botttom of the stream,creek or river.A public waterway is just that.It can be boated on but you cannot ride an atv in the bed of the stream,river, or creek.
All land in Ms is posted and you must have written permision to on you anytime you ride on that private property.Your atv can be impounded and you will get a ticket.
Riding on the shoulder will also get you a ticket as if you were on the road.


Chris


Same way here in Fl where I live also



engie -> RE: Alabama Mississippi ATV law help and Q&A (9/19/2006 5:35:35 PM)

I believe it is considered a misdemeanor to ride in any streams or waterways in Ms.  It seems like they made the penalty more harsh 4-5 years ago to combat a big riding problem they were having at a couple places in and around Jackson...but I am not positive.  Concerning water, I know once you touch dirt(IE:  NOT FLOATING) you are on someones land and could be prosecuted as such.  However, there are several rivers/streams in MS (i forget where) that consider land boundaries at the water's edge.  Either way, it is a lose-lose situation.

Illegal riding in the state is a huge problem.  It happens everyday at almost everywhere.  The problem is that riders are left without options.  There are many great state-owned areas that are already basically atv parks from illegal riding.  Every now and again they are shut down, only to start back up as soon as the "heat" blows over.  They are shut down for all the common reasons(trash, crashes, erosion, etc).  There needs to be compromise.  People are going to ride either way.  They are still going to tresspass and tear places up.  I think the problem drastically reduces if there is a place to legally ride in the area.  With all the state owned property that "sits" until they cut timber etcetc, they might as well give us somewhere to do it and make a constant profit off of it.  That's my opinion....I guess if it was easy, it would have already been done. 



RICKY BOBBY -> RE: Alabama Mississippi ATV law help and Q&A (9/19/2006 5:47:18 PM)

It would be easy but with so many sue happy people nowadays it would be just to big of a liabilty[:(]



MUDDERS MAG1 -> RE: Alabama Mississippi ATV law help and Q&A (9/26/2006 11:13:18 AM)

If Mudders Magazine can be of any help let me know.



jefe@cableone.net -> RE: Alabama Mississippi ATV law help and Q&A (9/26/2006 10:53:11 PM)

great info and posts. will check this post for more upsates.



aaroncs -> RE: Alabama Mississippi ATV law help and Q&A (9/28/2006 5:09:48 PM)

good posts . keep them comming .



Hard2Follow -> RE: Alabama Mississippi ATV law help and Q&A (9/29/2006 8:30:36 AM)

I live in North MS and had no idea about the law restricting the crossing of streams and waterways. They drain the lake here every winter down to just the river bed that feeds it and there are at least a 25 to 100 four wheelers there on any given day. We cross anything and everything someone is brave enough too and lots of our riding buddies work for that corp of eng. Its all National forest and they have never mentioned anything to us. Guess we are lucky.



RINCONKING -> RE: Alabama Mississippi ATV law help and Q&A (10/10/2006 12:59:06 PM)

These are some of the places we ride in Miss.
I see on reason not to have this type of land in South Miss. the state has the land they just need some way to take up the money and have you fill out the paperwork

http://www.shoalsatvriders.com/Trails/MS_Tupelo_Trace_State_Park/Dir_TSP.shtml

http://www.shoalsatvriders.com/Trails/MS_Holly_Springs_National_Forrest/Dir_Holly_Springs.shtml



Polaris425 -> RE: Alabama Mississippi ATV law help and Q&A (10/10/2006 1:24:11 PM)

quote:

ORIGINAL: Hard2Follow

I live in North MS and had no idea about the law restricting the crossing of streams and waterways. They drain the lake here every winter down to just the river bed that feeds it and there are at least a 25 to 100 four wheelers there on any given day. We cross anything and everything someone is brave enough too and lots of our riding buddies work for that corp of eng. Its all National forest and they have never mentioned anything to us. Guess we are lucky.



Yeah its one of those things, its no big deal until someone makes a fuss.  Like a land owner complaining about his creek being tore up.

you talking about lake enid being drained?



engie -> RE: Alabama Mississippi ATV law help and Q&A (10/10/2006 4:10:46 PM)

I talked to a game warden last night about riding on Sardis Lake.  He basically said unless there is fishing or hunting involved that it is the Park Ranger's job to regulate traffic.  He also mentioned that they are supposed to have a single set of written rules that are easily accessible that a person can follow regarding all recreational use.  Here, they do not.  So basically, you have an area designated for recreational use by the Army Corps of Engineers.  You CAN do alot of stuff on but there is NO rule designating what you can and can not do, so therefore can be ticketed for doing ANYTHING...Something must be done about this.  I can not believe people have been bending over for this.  I have a court case pending in the US attorney general's office regarding an offense that I have already been charged with injustly down there by an "overzealous" park ranger that absolutely ignored due process.  When I go to have it dismissed tomorrow, I will be discussing the legality of the "trap" that they currently employ down there and getting back to people all about it.



mud monkey 7-4-80 -> RE: Alabama Mississippi ATV law help and Q&A (10/17/2006 11:30:27 AM)

quote:

ORIGINAL: Hard2Follow

I live in North MS and had no idea about the law restricting the crossing of streams and waterways. They drain the lake here every winter down to just the river bed that feeds it and there are at least a 25 to 100 four wheelers there on any given day. We cross anything and everything someone is brave enough too and lots of our riding buddies work for that corp of eng. Its all National forest and they have never mentioned anything to us. Guess we are lucky.

I guess you are talking about Grenada Lake. I was thinking the same thing about Grenada.  Heck I have been sitting beside the game warden watching people tear up their trucks in the mud pits.  I think they were having as much fun as we were.  [sm=1022.gif]



ostie82 -> RE: Alabama Mississippi ATV law help and Q&A (10/21/2006 6:55:33 AM)

JohnCannon, I think it is great that you guys have such an effective atv club that is able to work with the authorities to come to good resolutions.  Through your processes you are able to find the middle ground that can leave all parties satisfied.  I wish we had something like that here.  As it is, we just ride hunting club land and the river until hunting season, then we are hard pressed to find somewhere.  We also ride the local management area, but it is not legal and there have been a few people that have gotten fines for it (not from our group).  Before anyone bashes us about riding on this government land illegally, we have talked with the local game warden (friend of ours) and he said as long as we're not tearing up food plots and digging out the roads, he doesn't mind.  We don't ride in the management area or in the hunting clubs during hunting season and we always try to be respectful since they are being gracious enough to let us ride.  The problem is alot of others, particularly some of the younger guys, don't care and dig out ruts in the roads and act crazy.  We're always worried that they will ruin it for all of us.  We have had some of the other guys ride with us and we try to set a good example.  The only bad part is it is hunting season and we have practically no where to ride with out making a 3-4 hour haul to an atv park.  Anyway, keep up the good work down in Mobile.



Jake450s -> RE: Alabama Mississippi ATV law help and Q&A (10/21/2006 1:03:05 PM)

I can't be much of any help on any specific items down there where you are, but I have to say that it's very refreshing to see a group of people making the effort to tackle this issue "the right way", and even more so to see that it's an ongoing thing and not a fly-by-night group, but one that's been around a bit, established a good name, and addressing potentially damaging situations proactively, before the gates go up.  Kudos to all involved. 



bennett -> RE: Alabama Mississippi ATV law help and Q&A (10/24/2006 11:04:38 AM)

I think i am one of the few people that still watch the stupid ATV TV show on the outdoor channel and that guy talks about riding trails that are a hundred mile long and going to the glamis dunes and other places, camping out and having first come first serve free cabins on the trails. Is all that land public or contracted private land and why can't we have that here in MS. Because here in Vicksburg once hunting season starts it's almost immpossible to find somewhere to ride.
One more question it or is it not illegal to ride atv's in national parks?



engie -> RE: Alabama Mississippi ATV law help and Q&A (10/24/2006 7:11:01 PM)

Yes it is mostly all public land.  In many places in the country you can ride an entire tank of gas out in one direction and never touch private land(so I have heard).  Mississippi is 99% private land.

Good question...I don't think that there is a definate answer but Ill try with what I have heard...might be correct and might not, so take it with a grain of salt.  "Is it illegal to ride on national parks/forests?"...Yes it is.  Some WMAs have provisions for atvs for game "retrieval" but that is it.  One of the last things that Clinton pushed through while in office outlawed all motorized vehicles on national forest land.  Granted there is a difference between all these(WMA, Natl Park, Natl Forest).  Where we once hunted/camped in Colorado you can now only travel to within 10 miles of in a motorized vehicle and pack in/out on horses.  The thing that makes me think I might be wrong here is I believe there is still atv trails on the DeSoto Natl Forest?  I know they were closed for awhile...

Anyway, enough rambling, i'll let someone that really knows what the crap they are talking about answer this!

I believe State Parks have the right to make their own rules...



andersonsmith -> RE: Alabama Mississippi ATV law help and Q&A (7/17/2008 6:22:37 AM)

 
You have got all the rules and regulations with regard to safety including; required equipment (helmets and eye protection), minimum operator age, operators license, maximum sound levels, headlight requirements, taillights, rider education courses, and other off-road restrictions in your state.
____________________________________
Anderson smith
Addiction Recovery Mississippi



Polaris425 -> RE: Alabama Mississippi ATV law help and Q&A (7/17/2008 7:31:46 PM)

quote:

ORIGINAL: andersonsmith

 
You have got all the rules and regulations with regard to safety including; required equipment (helmets and eye protection), minimum operator age, operators license, maximum sound levels, headlight requirements, taillights, rider education courses, and other off-road restrictions in your state.
____________________________________
Anderson smith
Addiction Recovery Mississippi



Ok #1, this is a 2-year old thread.

2. Helmets are not required equipment, unless required by a Park that you are riding in.
3. You do not have to have an operators license for an ATV.
4. Headlights are not a requirement on ATV's. Since they are not street legal, they are not governed by stree legal laws, i.e. lights, turn signals, etc.. Some Sport ATV's dont even come stock w/ a head light.
5. Rider education corses, while a good idea, are not mandatory.



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