Via Shutterstock.
Councilmember Kenyan McDuffie (D-Ward 5) plans to introduce a bill this morning to increase the penalties for those caught with illegal ATVs and dirt bikes.
Although the vehicles have been a source of contention for years—particularly in the summer when ridership spikes—there has been renewed attention in the wake of several high-profile incidents, notably the shooting of a local journalist by someone who was allegedly on a dirt bike.
The D.C. police union released a frustrated statement last month arguing that their efforts to catch riders have been thwarted by the attorney general’s office and the justice system.
“Our officers are doing great work in apprehending illegal ATV and dirt bike riders with the resources they have and within MPD rules for pursuing suspects,” D.C. Police Union Treasurer Gregg Pemberton wrote. “However, when suspects are arrested, the OAG and D.C. Superior Court Judges have not been enforcing penalties that are strict enough to deter this behavior.”
The offense for operating an ATV or dirt bike is a misdemeanor, with a maximum penalty of 30 days in jail and a $250 fine.
According to the union, MPD managed to make 147 arrests in less than a year and a half, despite the challenges of policing the vehicles (with a no-chase policy in place, they’ve turned to tactics like swarming riders as they fill up at gas stations.)
But the union’s analysis found that only 33 defendants were found guilty (and 18 still had pending cases)—roughly half had the charges dropped entirely and the others were dismissed through community service or other agreements. Of those who were found guilty, only two received any fines at all—neither were the maximum—and all jail time was suspended.
McDuffie’s proposal would escalate the penalties after the first offense, which would still be 30 days in jail and/or up to a $250 fine. A second offense would result in 90 days in jail, up to a $500 fine, or both and a 6-month permit suspension. A third offense would escalate to 180 days in jail, up to a $1000 fine, or both, plus a 1-year permit suspension
The legislation would also make it illegal to park a dirt bike or ATV in public spaces in the District, and require all ATVs in D.C. to be registered with the Department of Motor Vehicles. And it would give the mayor or a designated agent the power to disqualify people convicted of operating a dirt bike from obtaining a license for six months.
McDuffie said in the release that he is introduced the legislation as a result of the “the overwhelming amount of complaints he has received from District residents and police officers.” Councilmember Brianne Nadeau (D-Ward 1) will co-introduce the bill.
Rachel Sadon