SPIRIT LAKE - Why did the ATV cross Highway 41 in Spirit Lake?

Because it's legal.

Utility and all-terrain vehicles can now cross Highway 41 in Spirit Lake without being ticketed.

State law prohibits the ATVs and UTVs from crossing state highways in cities without an encroachment permit - a practice that has been commonplace in small, outdoorsy Spirit Lake nonetheless - but the city obtained a permit from the Idaho Transportation Department to legally allow the passage.

"It's been done for years, but the issue started to come up," said Spirit Lake Police Chief Pat Lawless, adding that he was unaware of the state law until last year. His department didn't issue any tickets as a result.

But apparently Idaho State Police, which patrols Highway 41, took notice.

"There wasn't a problem through the years until the past year when a state patrolman actively and aggressively enforced that law," said Marc Kroetch, who owns a business on Maine Street and has been involved in the city's Parks and Recreation Commission, but isn't an ATV rider.

"Finally, enough ATVers were pulled over until they were hopping mad and wanted the problem fixed," Kroetch said.

City Council member Gary Ventress, an ATV rider, was among those stopped for crossing the highway.

Ventress could not be reached for comment.

ISP Capt. Curtis Kastens said his agency was aware Spirit Lake was seeking the permit, but declined to comment.

The permit allows riders to cross the highway at controlled intersections, not drive along the highway in Spirit Lake.

Barbara Babic, ITD spokeswoman, said ITD doesn't have concerns about the crossings because they are at designated sites.

"This does not compromise safety," she said.

Several other cities in Idaho, including Priest River and Clark Fork, have obtained permits allowing ATVs to cross state highways.

ATVs are allowed to run alongside state highways only where there are designated trails such as along Highway 57 near Priest Lake.

Kroetch said it's nice that riders can now cross Highway 41 without worrying about being ticketed.

"It's nice for an ATV rider to be able to drive a few blocks to the gas station without having to load their machine on a trailer to do it," he said.

Lawless, who applied for the permit, said it's something that needed taken care of.

"We needed to get the permit to make it legal," he said. "In the end, it was ultimately (the city's) responsibility to make sure our residents could continue to (cross Highway 41)."

The city plans to post yellow diamond recreational vehicle crossing signs in advance of stop signs along Highway 41.

"This creates a much more ATV-friendly town and allows them access to our local businesses," said Mayor Todd Clary.

With the city's two gas stations on the east side of Highway 41 and most of the recreational opportunities, including trails and the lake on the west side of Highway 41, it makes sense logistically to allow ATVs to cross the highway, Lawless said.

Kevin Fuhr, Rathdrum's police chief who rides ATVs in Spirit Lake during the summer, admits he has crossed Highway 41 many times to get from his lake rental to Miller's grocery store over the past four years. He said he has never been pulled over, nor has he seen other riders pulled over.

"I knew that you needed a permit to ride ATVs on state highways, but I didn't know for sure if you needed it to just cross," Fuhr said. "If it wasn't legal and it now is, that's great because ATVs are a primary mode of transportation in the summer to get around in Spirit Lake."