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ATV Newswire July 2008
POLARIS OBTAINS SETTLEMENT IN INFRINGEMENT SUIT
Polaris Industries announced a favorable result regarding the
enforcement of its intellectual property rights. According to
an online news site, Polaris had filed a suit against Jerrico
and CSK for the import and sale of ATVs that infringe on
Polaris’ U.S. Patent No. 6,270,106 and trade dress rights.
“Polaris obtained a favorable settlement from the parties,”
the site explained, adding, “Jerrico is no longer in
business and no longer imports or sells ATVs.” Mary
McConnell, general counsel of Polaris Industries said, “We
view this as an important victory for us in enforcing our
intellectual property rights. Polaris will continue to take
further action against infringers where appropriate.”
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KENTUCKY TOPS LIST FOR ATV DEATHS
“With Kentucky seeing more deaths caused by all-terrain
vehicle accidents than nearly any other state, the state has
focused on increasing safety,” reported the Bowling Green
Daily News. The paper told us Kentucky ranked second
nationally between 2003-2006 with 142 deaths and during that
time it had more ATV deaths of those under the age of 21 than
any other state. Kentucky has one of the nation’s only ATV
safety training facilities in Knott County, said the News, and
officials are encouraging ATV enthusiasts to use the facility.
“Kentucky law requires that all riders 16 or older on public
property must wear a helmet, unless the ATV is being used for
agricultural or business purposes. State law also prohibits
ATV use on public roads or highways, except for agricultural
use,” the paper added, and children under 12 cannot drive an
ATV over 70cc, no one under 16 can operate an ATV over 90cc
and no one under 16 is allowed to drive an ATV without
parental consent.
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ST. LAWRENCE COUNTY OPENS ATV TRAIL
The Watertown Daily Times reported St. Lawrence County (NY) will open its first ATV trail in July, four years after ATV enthusiasts asked for a legal place to ride. “The Town Council has opened riding on sections of eight roads, completing the county’s approximately 22 mile ‘pilot trail’ aimed at complying with a state Supreme Court ruling for road use,” explained the Daily Times. The paper told us the Recreational Trails Advisory Committee must first post signs, develop maintenance schedules and decide how to patrol the routes before the trail’s opening and it will be open to all and will not be limited to ATV use.
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POLARIS EXPANDS ATV RECALL
“Polaris is expanding an ATV recall for a fourth time because a defective part may overheat and cause a fire,” stated
NewsInferno.com. The Web site explained the company has received six more reports of the electronic control module
(ECM) malfunctioning and two of those malfunctions resulted in a fire. The original Polaris ATV recall took place in May 2005 and the company recalled over 14,000 ATVs with defective
ECMs, said NewsInferfno.com. “Today’s recall action involves about 700 more Scrambler and Sportsman ATVs. The ATVs were sold at Polaris dealers nationwide from July 2004 through January 2008 for between $3,800 and $7,900,” the site told us. Since February 2008, Polaris has reportedly received four more reports of ECMs melting and two reports of smoke or fire contained to the
ECM. “According to the CPSC, consumers should disconnect the negative (black) battery cable from the battery when the ATV is not in use. Consumers should contact their local Polaris dealer to schedule a free repair,” NewsInferno.com concluded.
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FOREST LAKE TO BAN ATV USE
The Durango Herald announced the La Plata County Sheriff’s
Office (CO) will be cracking down on speeders and all-terrain
vehicles within the Forest Lakes subdivision north of Bayfield
after the Sheriff’s Office received a ‘tremendous’
number of complaints about speeders and ATVs this year in the
subdivision. Officials determined the roads in Forest Lakes
are public because the Forest Lakes Metro District receives
public funding to maintain the roads, which means drivers have
to obey the 20 mph speed limit or risk being cited, said the
Herald, and because ATVs are not street legal, they cannot be
operated on subdivision roads.
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RECREATION GROUPS FILE
LAWSUIT TO RESTORE ACCESS
“The BlueRibbon Coalition (BRC), United Four Wheel Drive
Association (UFWDA) and Southern Four Wheel Drive Association
(SFWDA) will file suit against the U.S. Forest Service to
restore access to improperly closed off-highway recreation
trails located in the Upper Tellico Off-highway Vehicle (OHV)
Area in North Carolina,” stated spokesperson Heather Spivy.
She told us the agency issued a closure order in December
2007, which UFWDA, BRC and Southern contend is based on
outdated and incomplete science and the lawsuit will seek to
declare unlawful and set aside the closure order. “There is
no defensible scientific correlation between OHV use and water
quality, erosion and sedimentation issues in this area and our
organizations have long demonstrated their dedication to the
environment and support of trout populations in the area
through user education, route maintenance and improvement,”
explained SFWDA spokesperson Jay Bird. He added, “Active and
effective management of motorized recreation, not prohibition,
is the only good answer for protecting water quality and
species habitat at the Upper Tellico OHV area.”
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TIPP CITY, OH, BANS ATVS
According to the Dayton Daily News, Tipp City has banned all
purpose vehicles, off-highway motorcycles and snowmobiles from
residential properties of less than three acres. “The ban
gives police a tool for dealing with calls about noise and
dust,” the paper explained, and an exemption allows owners
to use these vehicles for agricultural or utility-type purpose
such as plowing snow, cutting grass or pulling attachments.
“Police Chief Tom Davidson said the vehicles covered by the
ordinance already are prohibited on city property and in city
parks,” the News added. It concluded by saying the penalty
for conviction on an ordinance violation is a fine of $50 to
$500 and up to 30 days in jail.
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Pervious ATV
Newswires
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