Kubota RTV and CAR Accident.

[LD1]

I know this is just going back and forth and I have to say that I understand both sides of the argument.

But this is just one of those situations where you have to know the situation and my brother to understand completely.

As an update, grange finished their investigation and deemed both drivers equally at fault. The kids ins is going to pay half and grange will pay half.

The only major things wrong on the kubota was the brush guard and the steering got out of whack. The dealer fixed the steering for $115 and we bent the brushguard back and re-welded/painted, so kubota ins was not even used.

I agree that the officer should have investigated it more. When the accident first happened, some of the workers at the school came out and offered to call the police. At first the other kid didnt want to, he just wanted to be on his way. Bottom line is, he was in a hurry. The accident happend 15min before he needed to be at his school which was 35min away. To top it off, he passed only about 150yds from a stop sign. The kid admited seeing the signal, which would indicate that he was still behind the rtv, and yet no skid marks as if to try to stop.

To those that say what if he turned into a kid walking of on a bike:
You have to understand the settings. This is in the middle of nowhere. They dont even have a bike rack at school, and I have never seen anyone walking to and from either.

Bottom line is, that the kubota is fixed, the insurance is handling the other car, and he is going to continue to do just what he has been doing, although with a watchful eye for people trying to pass when he is signaling a left turn.

 

[LD1]

I must be missing something here!
NO LICENCE
POOR VISION
NOT LEGAL ACCORDING TO STATE LAW AS FOR THE USE OF THE VIECHLE

OP said he checked the law very carefully, and could find no problems, yet it took me 3 min to find the Ohio laws that says it's not legal.
I guess in WV you don't follow the laws,AND why are you so intent on crucifying the KID.
I suppose in WV they let Stevie Wonder and Helen Keller drive

This is not in WV this is in Ohio. And could you please post what law you are refering to.

 

[20 20]

Bad what?- Drivers?

95.5% of HS drivers are the worse drivers.-All they know is where the fuel pedal is.

By what standards are your getting this info? If 95% are terrible drivers then why isn't something being done? I've also seen studies that say new drivers are better then folks that have driven, reason being {WE} older drivers sometimes get to comfortable and quit paying attention. YOUR STATEMENT IS FALSE ! Bad drivers come in all ages and sizes, don't forget you were once one of these horrible little children????

Inexperienced driver.

Inexperience does NOT prove the kid was/is at fault !

The HS kid will say anything.-The kid was probably driving mom or dads car, and would probably tell a lie to keep his parents from taking away his driving privileges.-But, he could have his D.L. taken away, and his parents insurance company will raise the rates now.

Allmost any tropper can make a young NERVOUS kid speak and get to the bottom of the truth. That is why I said this officer should have done a better job. If he had done a better job then he may have found out the other guy was blind and should NOT have been operating a motor vehicle on a PUBLIC highway!!!!!

The police officer *Should Have*, but he didn't.

exactly my point from what has been written we do not know all the info, seems fishy. A blind guy without a lic nor liability insurance in this state would be in for a real slamming.

Proves nothing?- Well at least the signal light was on for the officer to see.

I've known drunks that have pushed over to the passenger side of a vehicle by the time the cop catches up to them. Quess they were in the right also Maybe the blinker was on, maybe not. Bottom line is one person was legally on the highway the other was not, so who is to blame? Years ago my father lost his lic. because he said he had a dizzy spell, nothing wrong with him just said the wrong thing at DMV. This person supposedly said he won't drive because he can not see. Take that to trial and see who wins???

You said that statement because of I mentioned insurance.- I'm going by what the OP said about his brothers insurance- He said his brother had insurance.

personal insurance ON THE RTV, NOT LIABILITY!

I think you need to reread the whole thread.- You said the OP was NOT seeking advice.- But he mentioned **ADVICE** twice in his post.

As most of us have done we can only write 1 sentence to help his individual needs SEEK A LAWYER. Everything else has been opinions and some thoughts on laws.

Oh, Did you read what time the accident happened?- And how long it takes for this HS kid to get to school?

Sure did, but who is to say when that young man had to be at school? Just because the school opens dos not mean all students have to be there at that time.

 

[LD1]

I thought I'd copy and paste these out of ohio's digest of motor vehichle laws

SPECIAL
This symbol is reserved for use on the rear of slow-moving vehicles only,
including farm machinery. It is triangular and is colored bright orange with a red
border. Old-order Amish groups, which are forbidden by religion to display
bright colors, can use alternative reflective materials that include gray, white,
black or silver and must cover an area of at least 72 square inches. The slowmoving
vehicle sign indicates that special care must be taken when sharing the
road with such a vehicle. Extra patience and caution must be exercised when
passing slow-moving vehicles.
You are approaching the rear of a slow-moving vehicle.
Drive with caution; pass with care.


Farm Vehicle Operators
Under Ohio law, no person is required to obtain a driver license for the sole
purpose of operating a road roller, other road machinery, farm tractor or other
farm implement which is drawn or propelled on a street or highway. Any person
who operates a passenger car or a truck registered as a farm vehicle on public
roadways is required to hold a valid license.

The last few lines of the SMV sign definition sum it up. "Extra patience and caution MUST be exercised when passing, and pass with care"

The HS kid clearly didn't exercise patience and caution.

The UTV is a farm vehichle. No license required. As our research before the purchase concluded, a UTV/RTV with a bail of hay/straw, or a chainsaw, or bag of feed, makes it a farm vehichle.

I also didn't mention earlier but he wasn't even considering an RTV. He was looking at the smaller cab tractors to drive. It was the dealer who reccomended the RTV and said they are just as much of a farm vehichle as a tractor, with above said in the back.

So let me ask, if this had happend and he was driving a B3030 or similar, would we even be having the argument about legality???

 

[20 20]

I know this is just going back and forth and I have to say that I understand both sides of the argument.

I think you're an open minded person just from your original post. PLEASE do not take any of my post in disrepect towards you or your brother

But this is just one of those situations where you have to know the situation and my brother to understand completely.

Honestly none of us were there so none of us could understand. We read a post and formed opinions. I hope we've all learned something from this post, if nothing else make sure you get ALL INFO when in an accident.

As an update, grange finished their investigation and deemed both drivers equally at fault. The kids ins is going to pay half and grange will pay half.

I just want to add something watch out down the road for lawsuits. Not saying it will happen, but it is possible.

The only major things wrong on the kubota was the brush guard and the steering got out of whack. The dealer fixed the steering for $115 and we bent the brushguard back and re-welded/painted, so kubota ins was not even used.

That's good, just remember the brush guard won't be as strong as it was before it bent.

I agree that the officer should have investigated it more. When the accident first happened, some of the workers at the school came out and offered to call the police. At first the other kid didnt want to, he just wanted to be on his way. Bottom line is, he was in a hurry. The accident happend 15min before he needed to be at his school which was 35min away. To top it off, he passed only about 150yds from a stop sign. The kid admited seeing the signal, which would indicate that he was still behind the rtv, and yet no skid marks as if to try to stop.

This might have helped in the original post, water under the bridge, and none of us know the kid.

To those that say what if he turned into a kid walking of on a bike:
You have to understand the settings. This is in the middle of nowhere. They dont even have a bike rack at school, and I have never seen anyone walking to and from either.

I was out last night going down a road, middle of nowhere, dark and snowing, quess what there was a person in a dark coat walking on the wrong side of the road. NEVER SAY NEVER!

Bottom line is, that the kubota is fixed, the insurance is handling the other car, and he is going to continue to do just what he has been doing, although with a watchful eye for people trying to pass when he is signaling a left turn.

Looks like he may have learned a valuable lesson hopefully the kid did also

 

[20 20]

I thought I'd copy and paste these out of ohio's digest of motor vehichle laws

SPECIAL
This symbol is reserved for use on the rear of slow-moving vehicles only,
including farm machinery. It is triangular and is colored bright orange with a red
border. Old-order Amish groups, which are forbidden by religion to display
bright colors, can use alternative reflective materials that include gray, white,
black or silver and must cover an area of at least 72 square inches. The slowmoving
vehicle sign indicates that special care must be taken when sharing the
road with such a vehicle. Extra patience and caution must be exercised when
passing slow-moving vehicles.
You are approaching the rear of a slow-moving vehicle.
Drive with caution; pass with care


Farm Vehicle Operators
Under Ohio law, no person is required to obtain a driver license for the sole
purpose of operating a road roller, other road machinery, farm tractor or other
farm implement which is drawn or propelled on a street or highway. Any person
who operates a passenger car or a truck registered as a farm vehicle on public
roadways is required to hold a valid license.

The last few lines of the SMV sign definition sum it up. "Extra patience and caution MUST be exercised when passing, and pass with care"

The HS kid clearly didn't exercise patience and caution.

None of us know if this kid was inpatient that is an opinion. YOU said yourself your brother didn't even look, be carefull of were the finger is pointing. Also even with your statement of the law above what happens when there is an accident????

The UTV is a farm vehichle. No license required. As our research before the purchase concluded, a UTV/RTV with a bail of hay/straw, or a chainsaw, or bag of feed, makes it a farm vehichle.

I also didn't mention earlier but he wasn't even considering an RTV. He was looking at the smaller cab tractors to drive. It was the dealer who reccomended the RTV and said they are just as much of a farm vehichle as a tractor, with above said in the back.

So let me ask, if this had happend and he was driving a B3030 or similar, would we even be having the argument about legality???

I know I would, being a former truck driver I saw more then my share of "accidents" {better word would be personal mistakes}. Having 2 young ones a wife and other loved ones on the highway makes me nervous. Let me ask you, change your boots. Now your the kid and you don't know the person on the RTV, what would you do? The grass is allways green in our own pasture when we don't want anymore crap slung our way. Your brother sounds like a great guy, but even the best of the best can make a mistake. In less then a hundreth of a second a person destination can be changed. Like I said in my last post if nothing else hopefully we all learned something from your brother experience.

 

[kenstrac]

I thought I'd copy and paste these out of ohio's digest of motor vehichle laws

SPECIAL
This symbol is reserved for use on the rear of slow-moving vehicles only,
including farm machinery. It is triangular and is colored bright orange with a red
border. Old-order Amish groups, which are forbidden by religion to display
bright colors, can use alternative reflective materials that include gray, white,
black or silver and must cover an area of at least 72 square inches. The slowmoving
vehicle sign indicates that special care must be taken when sharing the
road with such a vehicle. Extra patience and caution must be exercised when
passing slow-moving vehicles.
You are approaching the rear of a slow-moving vehicle.
Drive with caution; pass with care.


Farm Vehicle Operators
Under Ohio law, no person is required to obtain a driver license for the sole
purpose of operating a road roller, other road machinery, farm tractor or other
farm implement which is drawn or propelled on a street or highway. Any person
who operates a passenger car or a truck registered as a farm vehicle on public
roadways is required to hold a valid license.

The last few lines of the SMV sign definition sum it up. "Extra patience and caution MUST be exercised when passing, and pass with care"

The HS kid clearly didn't exercise patience and caution.

The UTV is a farm vehichle. No license required. As our research before the purchase concluded, a UTV/RTV with a bail of hay/straw, or a chainsaw, or bag of feed, makes it a farm vehichle.

I also didn't mention earlier but he wasn't even considering an RTV. He was looking at the smaller cab tractors to drive. It was the dealer who reccomended the RTV and said they are just as much of a farm vehichle as a tractor, with above said in the back.

So let me ask, if this had happend and he was driving a B3030 or similar, would we even be having the argument about legality???

J) "Agricultural tractor" means every self-propelling vehicle designed or used for drawing other vehicles or wheeled machinery but having no provision for carrying loads independently of such other vehicles, and used principally for agricultural purposes.
Going to work is not Agricultural purpose and the Quotes further back are from the OHIO DMV,you also stated that he drove a Moped to work that was also addressed in a previous post YOU need a LICENSE to drive in Ohio.
The WV was directed at Lowbucket he lives in WV

 

[LBrown59]

1* I'm surprised that nothing was mentioned about the RTV being street legal, in Texas they are working hard to keep them from being operated on the streets by not issuing registrations for the RTV now.

1*AtVs and RTVs aren't street legal .
There is a 7 home 1 street subdivison that runs clear across the back of my property.
Iv'e see the Washington County Ohio Sheriff have AtV's /RTV's. stopped for operating on it .

2*the part that's not making sense here is if he
isn't able to get a driver's license from the
state, what makes it ok to drive an atv/utv
on a public road?
3* he is taking on a huge liability driving on a public
highway without a license on a daily basis .

2*Nothing
3* Hain't he though!

4*am gald that the accident was not worse, things could have been real bad.This is exactally the goal

4*It sure could have.

.
To answer some other questions that came up.
5*Yes he drives these same roads every day.
6*Yes its legal to drive it to and from work.
SMV sign and flashers make it road leagal.
7* the fact that the officer said nothing about it confirms that.
8*to many out there just use this as an excuse to sit at home and live on everyone else's money, i mean welfare

5*so he is using the rtv for an improper purpose
6*I Slow moving& fshers don't make it streed leagel
7*Not really.
8*This is not about welfare .

LD,

9* he can never get a license due to his vision."

9*Correct the vision or don't drive.
It's not about what you drive or where you drive.

10* I'm amazed that someone can daily drive an unlicensed UT to work, SMV or not.
11*the SMV is for farm or construction use, not for public roadway commuting.
12* I higly DOUBT that I could take my RTV down to the state forest for a pleasure drive. I know that in Kentucky, they are very specific about how unlicensed off road equipment may be used (e.g.
13*wouldn't be legal on a public roadway in Kentucky unless it is licensed.)
Ken outhern Ohio

10*They can't leagally.
11*Exactly.
12*I'm sure your'e rite.
13*But they don't register them there fore you can't license them.

14* vehicle ie tractor, lawn mower, ATV, used as a vehicle to travel on Farm related and outside employment are two different animals. This is clearly a public safety issue.

14* it sure is.

15* wish you luck but also think you should find another way to get your brother to work.
20/200 means he see's things at 20' that you and i can see at 200'. a car going 60mph will travel that 200 feet fster than your brother will have time to see him to react.
good luck
brian

15*Any body with 20/200 vision has no buisness being on the road in anything that has a motor.

 

[LBrown59]

So let me ask, if this had happend and he was driving a B3030 or similar, would we even be having the argument about legality???

Yes because Driving it to work is not a farm purpose.

 

[LBrown59]

1*You can't be legally blind and legally operating at the same time.

1. Another thing that has not been mentioned, the man feels he is too blind to be in a car but yet he drives a vehicle near a SCHOOL. What if it had been a little kid on a bicycle that he turned into

1*The first thing to do is correct the vision problem

1*one would have to ask what is the wisdom of the state in not allowing a legally blind person to operate a motorized vehicle on public roads?
2*If it was my brother/father/friend id be advising the person to not drive ANYTHING on the road period

1*I'd say it's because getting ran over with blind drivers is hazardous to your health .
2*The only sensible choice until the vision issued is resolved

1*We are talking about sight here. Obviously you have NO idea what limited vision is about.

1*But what I do know is 20/200 vision is not legal for driving any motorized vehicle on the highway.
Makes no difference what type of vehicle or what it's purpose is for.