Liability concerns prompt Lee County Board to reject UTV ordinance

DIXON – Lee County won’t be allowing UTVs to ride on county roads following concerns that the liability risk would be too high.

The Lee County Board recently voted down a UTV ordinance that a special committee spent months drafting in a 7-to-13 decision against the measure with one abstention.

The board began talks about allowing UTVs on county roads about six years ago after being approached by the Blackhawk Trail Riders Club, which was looking to create a connected regional trail. The vote stalled after concerns were raised about safety and liability, and members hoped that the state eventually would pass legislation permitting them on roads with speed limits higher than 35 mph.

State law requires that off-highway vehicles 64 inches wide or smaller are only allowed on streets up to 35 mph, and that would create a problem for county roads rated for higher speeds such as 55 mph.

The committee decided to bypass state law by regulating vehicles of 65 inches in the ordinance.

“Trailblazing” by the county making its own law might mean a greater liability risk for the county, State’s Attorney Charley Boonstra said. The county would be saying the vehicles were legal and safe for the roadways if the ordinance passed, he added.

The ordinance required the vehicles to be street-legal, meaning they need seat belts, turn signals and other safety features.

Jack Skrogstad, chairman of the county’s UTV committee, worked to see what townships and cities already passed such ordinances and to have a count of how many would be interested in creating one that would align with the county’s.

However, some townships reconsidered following advice in a letter from TOIRMA, which provides insurance coverage for townships throughout Illinois, saying allowing UTVs would be a liability risk for municipalities.

[ Lee County Board holds off on UTV ordinance ]

After a few had withdrawn, the county was left with six out of 22 townships on board for allowing UTVs. Cities allowing UTVs include Dixon, Amboy and Paw Paw.

The county then checked with its provider, the Counties of Illinois Risk Management Agency, and Skrogrstad said even though they might not have higher rates, there would be a bigger risk of liability. For example, the county could be on the hook for a multimillion dollar lawsuit if there was a UTV death on county roads.

“I think with the added liability, I just think we’re better to just go how we’re going right now,” board Chairman Bob Olson said.

The board was going to address the ordinance in June but decided to postpone a vote after Ashton 15-year-old Calvin Messer was killed in a UTV rollover incident between Ashton and Franklin Grove where two others were injured.

[ Lee County postpones UTV ordinance, cites death of Ashton 15-year-old ]