Metro Sergeant Pushes for Decision On OHV Uses

Metro Sergeant, Bret Empey spoke at a membership meeting of the Moapa Valley Chamber of Commerce held on Thursday, October 15. Empey’s presentation was a call to action for the community to formalize policies regarding Off Highway Vehicle (OHV) uses on public roads in the Moapa Valley.

Empey stressed that, according to the strict interpretation of the law, OHV use is completely prohibited on public streets as well as anywhere within the rights of way. “Riding these things along the side of the roads is still inside the right of way and doesn’t work according to the law,” Empey said.

The approach taken by previous Metro Sergeants has been to predicate the strict enforcement of these laws on the driving behavior being exhibited, Empey said. “This leaves a lot of discretion to the officers out there,” he said. “So there are some inconsistencies.”

But Empey claimed that, in recent years, the environment in the community has changed. OHV uses on the public roadways has increased and, in many cases, become more irresponsible. This opens the door for personal liability on the part of the police officers if they do not enforce the law diligently, Empey said.

Empey pointed out, however, that the Nevada Revised Statute 490 offers an alternative. Local ordinances can designate specific roadways as OHV routes if they are used to access OHV trail systems or outlying areas where OHVs can be legally used.

Empey emphasized that this is where the community needs to make a clear decision. He said that there were really only three options. First, a decision could be made to designate roadways for OHV uses according to county ordinance. Or second, the community could decide not to designate any roadways for OHV use. Third, the community could make no decision at all.

“In that third case, we also have a decision,” Empey said. “At that point we just enforce the law straight out. If you drive on the roadway, you get a ticket and your vehicle is impounded. I could sit at the Logandale Bridge handing out tickets all day.”

Empey recognized that this option was probably not what a majority of the community would stand for. He thus urged chamber members to get involved and be a part of making a clear decision.

“Laws are laws whether we like them or not,” he said. “These are not my rules, not my laws. I’m just bound to enforce them. So I’m just pushing for a decisive action from the community on this to make things clear.”