PRESIDIO — On Tuesday night, Presidio City Council passed an ordinance regulating the use of off-highway vehicles. The ordinance sparked a lively debate among city leaders, but was ultimately passed in honor of Alan Valenzuela, an off-road aficionado and young Presidian who was tragically killed in a shooting in Ojinaga, Mexico, in July.
The new ordinance, which was presented by Councilmember Fernando Juarez, allows some off-highway vehicles to be driven on city roadways with speed limits of 35 miles per hour or less. The ordinance makes legal distinctions between all-terrain vehicles (ATVs), utility vehicles (UTVs), sand rails and recreational off-highway vehicles (ROVs) based on size, the number of tires and safety features. “The council’s intent is to continue to prohibit the operation of UTVs, ATVs and sand rails in the interest of public safety but allow the operation of ROVs on certain roadways,” the ordinance explains.
An ROV is defined by the ordinance as a motor vehicle “designed by the manufacturer for off-highway use,” has “three or more tires in contact with the ground” and was “not designed by the manufacturer primarily for farming or lawn care.”
Off-roading is a massive industry in Mexico projected to reach $2.47 billion by the end of the decade. Frequent travelers across the Presidio International Bridge have likely seen trailers pulling ROVs from one market to the next, and popular models like the Polaris RZR have spawned competitive events and local fan clubs.
Councilmember Juarez said that he was inspired to discuss the ordinance because of the upcoming Ruta Santa Theresa off-road festival benefiting the local Catholic church. All the council members agreed that they’d seen Presidians drive ROVs on the backroads — a flouting of the law that’s deeply embedded in the local way of life. “This is something that I’ve been personally thinking about for years,” Juarez said.
Paramedic Malynda Richardson, who has served emergency departments in Terlingua and Presidio, was alarmed by the proposal, having attended the scene of numerous accidents involving off-highway vehicles. “This is asking for somebody to get very seriously hurt or killed,” she said. “There is something different about the mindset when you get on a side-by-side or a RZR or an ATV that says, ‘I want to go as fast as I can. I want to take chances.’”
The United States Consumer Product Safety Commission (USCPSC) publishes regular reports about deaths and injuries from off-highway vehicles. Between 2018 and 2020, 2,448 Americans died in accidents involving off-highway vehicles. Over a third of those deaths were of teenagers or young adults, and the overwhelming majority (82%) of the deaths were male.
Council Member Bianca Bailon said that raising the legal driving age in the ordinance from 16 to 18 could help prevent accidents. “We’ve all been teenagers,” she said. “I was a lot more mature at 18 than 16.”
Ultimately, council did not edit the ordinance to bump up the age requirement, but it does include a number of safety stipulations. ROVs will not be permitted on the sidewalk or “any trails utilized by pedestrians” and can only be driven on roadways with speed limits of 35 miles per hour or less. Operators are not permitted to use devices like cell phones unless they’re hands-free. Children under the age of 9 are not permitted as passengers at all, and no passenger can ride in the operator’s lap.
The ordinance also calls for additional safety gear in certain circumstances. Helmets and eye protection are required if the vehicle does not have four wheels, “bench or bucket seats and seat belts/harness” and does have “a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of vehicle rollover.”
There are a few situations where these rules don’t apply: law enforcement vehicles are exempt if being used by officers on duty, and in a declared emergency these vehicles can be used to evacuate. They also don’t apply to vehicles involved in a parade.
Police Chief Adan “Pugi” Covos said that he shared many of Richardson’s concerns, given how popular the vehicles were among families on the outskirts of town. “All you’re doing is opening a can of worms — everyone has an ATV here,” he said.
Council Member Silverio Escontrias hoped that finding legal pathways for folks to indulge the popular hobby would encourage safe behavior — and ultimately promote spending their free time on this side of the border. “I can see a lot of the pros. I can see a lot of the cons against it,” Esconstrias said. “I’m right in the middle, but I’d rather give our kids something to do here in town rather than to go across [to Ojinaga].”
In the end, Council Member Bailon moved to adopt the ordinance as written, but to title it in memory of Alan Valenzuela. Mayor Pro Tempore Christian Montoya seconded her motion, and all council members voted in favor.