My thought is this. If they make it illegal, then when someone tries to sue the power company, for their own stupidity, they won't win because it was "illegal" for them to be there in the first place. Just covering their buts. Can't blame them for that. I doubt it will be inforced too heavily, unless you sky a trail in front of a warden!! jmo.
Power line riding
- Thread starter Skylar
- Start date
In WI it is illegal to ride anywhere but on a marked trail. Can you get a ticket when you leave the marked trail ??"YES"! It is left to law enforcement discression to ticket you when off the marked trail. I still ride to the marked trail on lakes, plowed & unplowed FRs but I could get a ticket since off the marked trail. My neighbor & his wife were stopped by Vilas County Police & they checked his address then let them go no ticket. I really dislike this law!!!
caged_beagle
Member
Address?
Some clarification, please. What does someones address have to do with being issued a ticket or not being issued a ticket???
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Some clarification, please. What does someones address have to do with being issued a ticket or not being issued a ticket???
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borderstaff
New member
Actually boondocking in WI IS LEGAL in certain areas. Here's a link to the map that Iron County has created showing where its legal to ride off-trail: http://www.boondockingwi.com/map.html
Now...if only the U.P. had a map like this...
Good work FlatlandASSN. Informed answers vs. pure speculation is nice to see.
Trees4Traction440
New member
the way i take this post is if you go to the UP to "off trail "ride and u focus on powerlines. stay off so you dont ruin it for us true backcountry riders who research what land is accessable and what is private. Everyone just use your heads and if you question riding somewhere or know land is private/closed stay off. Remember Tread Lightly
Not necessarily. The issue of being an invitee vs. trespasser has been redefined from the late 60's
"Premises liability is the liability for a landowner for certain torts that occur on the real property. This can range from things from injuries caused by "liable for injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches".[1] In sum:
Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises.
—ExpertLaw website[2]
For premises liability to apply:
The defendant must possess the land or "premises".[2]
The plaintiff must be an invitee or, in certain cases, a licensee.[2][3] Traditionally, trespassers were not protected under premises liability law.[2][3] However, in 1968, the California Supreme Court issued a vastly influential opinion, entitled Rowland v. Christian (1968) 69 Cal.2d 108, which abolished the significance of legal distinctions such as invitee, licensee, or trespasser in determining whether one could hold the possessor of a premises liable for harm. This opinion led to changes in the law in many other states in the United States, and is viewed as a seminal opinion in the development of the law of premises liability.
There must be negligence or some other wrongful act.[3] In recent years, the law of premises liability has evolved to include cases where a person is injured on the premises of another by a third person's wrongful act, such as an assault. These cases are sometimes referred to as "third party premises liability" cases and they represent a highly complex and dynamic area of tort law. They pose especially complex legal issues of duty and causation because the injured party is seeking to hold a possessor or owner of property directly or vicariously liable when the immediate injury-producing act was, arguably, not caused by the possessor or owner"
I think making it illegal is designed to be a disincentive to users. If they think they will get a ticket they might stay away in the first place, thus reducing negligence lawsuits.
It has to do with being local, in Phelps they will let you ride from your house to the closest trail. In Eagle River even if you live 2 blocks off the trail legaly you need to trailer to get to the trail. Has nothing to do with what side of the boarder you live on 
Officer said since you live in the area ok with him they were riding public FR to trail head from home. If not from the local area he would charge them with operating a snowmobile on a public road off the marked trail which would have been a ticket.
Iron County WI off trail areas owned by Iron County trumps WI state law regarding off trail riding. In some ways this is viewed the same as a marked trail where snowmobling is permitted. Don't assume every WI county & village permits off trail riding or you will get a bunch of tickets.
borderstaff
New member
I don't assume all county's to have the same rules BUT I do think that it would be in the U.P.'s Department of tourism's best interest to create a map like the one that Iron county WI has. If there is a demand to ride off-trail and it brings in tourism (and money), wouldn't it be in the best interest of the U.P. to advertise it and take advantage of the greenbacks it may bring in. Rather than making everyone who rides off-trail be viewed as a scofflaw why not let people know that they are invited to explore new areas that are publicly owned?
dcsnomo - I understand what you are saying, but there is a difference between being just the land owner, where it is not ILLEGAL for someone to use the land, and having an actual law against using the land.
Again, this is just a thought. I could be completely wrong. (I usually am, just ask my wife)
Again, this is just a thought. I could be completely wrong. (I usually am, just ask my wife
)I'm all for off trail riding in WI & UPMI & I do it within the existing laws. The materials are out there platt maps & such but I agree with you not as easy as what Iron County WI has done. Most guys won't give up their off trail spots me included since we worked so hard to find them. You will ALWAYS be blocked by some private land so to do it within existing laws you need to ask permisson to ride. Do your homework & you can find what you need. Also private land is bought & sold so stay current on land use.