Effective January 1, 2004 Texas Senate Bill 155 (SB155) became a reality. SB155 changed the laws affecting the sport of off-roading and four-wheeling throughout the state of Texas.
| Read Texas SB155 for yourself => | PDF
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| Text Version |
In a nutshell, SB155 states:
Sec.90.002.OPERATION OF MOTOR VEHICLE IN PROTECTED FRESHWATER AREA PROHIBITED. Except as provided by Section 90.003 or 90.004, a person may not operate a motor vehicle in or on a protected freshwater area on or after January 1, 2004.
(2)"Motor vehicle" means any wheeled or tracked vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used to transport a person or thing.
(3)"Navigable river or stream" means a river or stream that retains an average width of 30 or more feet from the mouth or confluence up.
(4)"Protected freshwater area" means that portion of the bed, bottom, or bank of any navigable river or stream that lies at or below the gradient boundary of the river or stream. The term does not include that portion of a bed, bottom, or bank that lies below tidewater limits.
Q: What does this mean to the average off-roader?
A: Simply put, it means no more wheeling in public riverbeds anywhere in the State of Texas.
Q: So how is it legal for us to still use the Canadian River?
A: Well, there are a few exemptions and exclusions in the Bill. Most notably, private landowners can pretty much do whatever they want on the land they own. Also, Emergency vehicles are exempt, as are the vehicles of public utilities works, such as those that service water, gas, and electrical lines and right of ways. However, the most important exemption is stated:
(b) This chapter does not apply to any river with headwaters in a state other than Texas and a mouth or confluence in a state other than Texas.
Since the Canadian River has its headwaters in New Mexico, and its tail waters are not in Texas - it flows on into Oklahoma and eventually into the Mississippi River - this paragraph exempts the entirety of the Canadian River from the laws of this Bill, thus allowing the off-road community to take advantage of the natural beauty afforded to us by the Canadian River basin.
Q: But I thought that Lake Meredith, and therefore the Blue West and Rostia Flats areas were Federal Property?
A: Correct, they are. And as Federally owned lands, these areas are patrolled, maintained and regulated by the National Park Service and the National Park Rangers. So, when entering these federal lands from the Texas public lands, remember that you are entering areas which may have different rules and regulations.
Q: What are the Rules and Regulations regarding using a motor vehicle in the Canadian River?
A: The ultimate legal authority on this question is really the Governmental authorities over the land in question. Any questions regarding laws, regulation, statues, or other legal bindings should be directed towards these offices.
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For the Lake Meredith area, including Blue West and Rosita Flats, please contact the National Parks Service, Lake Meredith National Recreation Area staff. Their Website is http://www.nps.gov/lamr/ and the phone number is (806) 857-3151.
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For the rest of the Canadian River, which is Texas Public Lands, contact the Texas Parks and Wildlife Department. Their website is http://www.tpwd.state.tx.us/ and the phone number for the Amarillo local office is (806) 379-8900.
Please note that the West Texas Outlaws is not responsible for your knowledge, or lack of knowledge, about the laws of the State of Texas or Federal Lands. You are responsible to know the law.
As a general guideline, however, remember that you are still on public lands and that all vehicular laws still apply. As a rule of thumb, Don't Drink and Drive, always carry proof of ownership (a photocopy of your title), proof of insurance, and be a responsible adult.
AND DON'T LITTER! Please please please... if you bring it with you, take it back home with you. There is nothing worse that blowing a tire because someone left a beer bottle in the sand.
Q: I have heard that the laws regarding ATV's have changed as well. What are the details on this?
A: The current laws pertaining to ATV usage were actually put into effect back in 1991. As a result of the notoriety of SB155 and the public image of ATV's, Motorcycles, and other vehicles, these laws were brought back to the forefront of the attention of the law enforcement authorities. Again, these laws are controlled by the respective powers (TP&WD and NPS/LMNRA) but are enforceable by ANY law enforcement officer, such as county sheriffs, city police, game wardens, etc.
Q: What are the ATV laws?
A: Again, check with the authorities listed above for clarification, but according to signage posted by the TP&WD near the US287 bridge:
| ATTENTION ATV'S Rules and Regulations For You Must Have:
An Offense of the ATV Laws Subject to $500 Fine |
Q: Where do I get an "ATV State Registration"?
A: At the same county Tax office that you get your regular vehicle tax tags at. The cost of this tag is currently $13.50.
Q: Where can I get an ATV Safety Certification Card?
A: There are qualified instructors throughout the state that can provide this certification.
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In the immediate Amarillo Area, Contact:
Gene Belflower
(806) 358-0920 -
Otherwise, check with your local ATV dealership or the TP&WD to find a local instructor.
Q: Are there other bills on the Horizon that could additionally affect off-roading in the State of Texas?
A: Currently, the only other legislation on the docket is
House Bill 305, which is currently in a status of "postponed."
Watch
This Bill and always be on the lookout for other legislation that could
affect our sport.
The Texas Legislature Website is http://www.capitol.state.tx.us/
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The legal information on this page is not intended to represent the actual law or to be taken as legal advise or legal counsel. The West Texas Outlaws and the webmaster can not guarantee the accuracy of this information and are not liable for any misinformation or incorrect information as posted on this website. Please contact the legal authorities or your legal counsel for legal advise. |
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