House of
Representatives
HB 2573
off-highway vehicles; user fee
Sponsors: Representative Weiers JP, Representative Boone, Representative Mason, et al.
House Bill 2573 creates an off-highway vehicle user indicia, off-highway vehicle equipment requirements and off-highway vehicle operating regulations.
History
A.R.S. § 28-1176 establishes the Off-Highway Vehicle Recreation Fund (Fund) consisting of monies appropriated by the Legislature, monies deposited from taxes on motor vehicle fuel, federal grants and private gifts and matching monies from federal, state, local or private entities. The monies in the Fund are appropriated to the Arizona State Parks Board (SPB). The SPB is allowed to spend 70% of the Fund monies to establish a facility development program based on the priorities established in the off-highway vehicle plan and for a matching fund program. No more than 18% of the monies the SPB receives may be spent for administration of the Fund. The Arizona Game and Fish Department (AGFD) is allocated 30% of the monies in the Fund for an information and educational program on off-highway vehicle recreation and for law enforcement for off-highway vehicle activities.
A.R.S. § 28-101 defines all-terrain vehicle (ATV) as a motor vehicle that satisfies all of the following:
- Is designed primarily for recreational nonhighway all-terrain travel.
- Is fifty or fewer inches in width.
- Has an unladen weight of eight hundred pounds or less.
- Travels on three or more low pressure tires.
- Has a seat to be straddled by the operator and handlebars for steering control.
- Is operated on a public highway.
Off-road recreational motor vehicle (ORRMV) is also defined in A.R.S. § 28-101 as a motor vehicle that is designed primarily for recreational nonhighway all-terrain travel and that is not operated on a public highway. An ORRMV does not include a motor vehicle used for construction, building trade, mining or agricultural purposes.
A.R.S. § 28-1171 defines off-highway vehicle (OHV) as:
- A motorized vehicle when operated off of highways on land, water, snow, ice or other natural terrain or on a combination of land, water, snow, ice or other natural terrain.
- Includes a two-wheel, three-wheel or four-wheel vehicle, motorcycle, four-wheel drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion vehicle and any other means of land transportation deriving motive power from a source other than muscle or wind.
- Does not include a vehicle that is either:
Ø Designed primarily for travel on, over or in the water.
Ø Used in installation, inspection, maintenance, repair or related activities involving facilities for the provision of utility or railroad service.
Provisions
Off-Highway Vehicle User Indicia
· Requires an Off-Highway Vehicle User Indicia (Indicia) issued by the Arizona Department of Transportation (ADOT) for the operation of an ATV and OHV in Arizona that meet the following criteria:
- Is designated by the manufacturer primarily for travel over unimproved terrain.
- Has an unladen weight of eighteen hundred pounds or less.
· Requires a person to submit an application and pay a fee to ADOT for an Indicia.
- The Director of ADOT in cooperation with the Director of AGFD and the SPB sets the fee.
· Specifies that the Indicia is valid for one year from the date of issuance and is renewable.
· Mandates that ADOT must prescribe by rule the design and placement of the Indicia.
· Directs that 70% of the monies collected from the Indicia fee be deposited in the Fund and 30% be deposited into the Highway User Revenue Fund (HURF).
· Allows OHV users to cross State Trust Land (STL) on existing roads, trails, and designated routes while following all of the rules and requirements under a STL recreation permit.
- All occupants of an OHV with an Indicia must obtain a STL recreation permit for all other authorized recreational activities on STL.
· States that the Indicia requirements do not apply to OHVs, ATVs, or ORRMVs that are used off-highway exclusively for the following purposes:
- Agriculture.
- Ranching.
- Construction.
- Mining.
- Building trade purposes.
· Allows the operation of an ATV or OHV in Arizona without an Indicia if any of the following apply:
- The person is participating in an OHV special event.
- The person is operating an ATV or OHV on private land.
- The person is loading or unloading an ATV or OHV from a vehicle.
- During a period of emergency or if the operation is directed by a peace officer or other public authority.
- If all of the following apply:
Ø The person is not a resident of this state.
Ø The person owns the vehicle.
Ø The vehicle displays a current OHV user indicia or registration from the person’s state of residency.
Ø The vehicle is not in this state for more than 30 consecutive days.
Registration/ Title/ License Plate/Vehicle License Tax
· Allows a person to request a free motor vehicle registration if the vehicle meets on-highway equipment standards when:
- Paying for an Indicia.
- The owner signs an affidavit stating that the vehicle meets the on-highway equipment requirements.
· Provides an exemption from registration for ATVs and OHVs that are only incidentally operated or moved on a highway.
· Requires ATVs and OHVs to obtain a title either on the sale of a new vehicle, ownership transfer of an existing vehicle, or no later than July 1, 2009 for currently owned vehicles.
· Requires ATV, OHV and ORRMV owners to apply for and ADOT to furnish a license plate.
· Requires the Director of ADOT to design an OHV plate in consultation with the AGFD and the SPB.
· Requires systematic replacement of existing ATV, OHV and ORRMV plates issued before January 1, 2009.
· Reduces the Vehicle License Tax for an ATV and OHV to three dollars if the following criteria are met:
- Is designated by the manufacturer primarily for travel over unimproved terrain.
- Has an unladen weight of eighteen hundred pounds or less.
Off-Highway Vehicle Recreation Fund
· Specifies that the Fund also includes monies from the fees collected from the Indicia.
· Designates 35% of the monies in the Fund to the AGFD.
- Specifies that informational and educational programs must relate to safety, the environment and responsible off-highway vehicle recreation.
- Directs AGFD to spend a portion of these monies on seven full-time employees to enforce OHV regulations.
· Provides the State Land Department with 5% of the monies from the Fund. The monies must be used for costs associated with OHV use of the land, to mitigate damage to the land, for necessary environmental, historical and cultural clearance or compliance activities and to fund enforcement relating to OHV use.
· Allocates 60% of the monies in the Fund to the SPB.
- No more than 12% may be used for administration.
· Prescribes that the monies allocated to the SPB be used:
- To designate, construct, maintain, renovate, repair, or connect OHV routes and trails and to designate, manage and acquire land for access roads, OHV recreation facilities and OHV use areas.
Ø Prohibits the SPB from spending more than 35% (not including money allocated for administrative costs) for construction of new OHV trails.
- For enforcement of OHV laws.
- For OHV related informational and environmental education programs, information signage, maps and responsible use programs.
- For the mitigation of damages to land, revegetation and the prevention and restoration of damages to natural and cultural resources, including the closure of existing access roads, OHV use areas and OHV routes and trails.
- For necessary environmental, historical and cultural clearance or compliance activities.
· Prohibits the monies in the Fund to be used to construct new OHV trails or routes on environmentally or culturally sensitive lands unless the appropriate land management agency determines that certain new trail construction would benefit or protect cultural or sensitive sites.
- Defines environmentally or culturally sensitive land.
· Directs the SPB to give preference to applications for projects with mitigation efforts and for projects that encompass a large number of purposes for the monies allocated to the SPB in the Fund.
· Requires an annual report be made and submitted, beginning September 1, 2011 and on or before September 1 of each following year, to the Legislature and available to the public by any agency receiving monies from the Fund. The report must contain the following applicable information from the preceding fiscal year:
- The amount of monies spent or encumbered for OHV law enforcement activities.
- The amount of monies spent for employee services.
- The number of full-time employees employed in connection with OHV law enforcement activities.
- The amount of monies spent for information and education.
- The number and specific location of verbal warnings, written warnings and citations given.
- A specific and detailed accounting for all monies spent for construction of new OHV trails, mitigation of damages to lands, revegetation, the prevention and restoration of damages to natural and cultural resources, signage, maps and necessary environmental, historical and clearance or compliance activities.
· Removes the matching money requirements from the Fund.
Off-Highway Vehicle Operation Restrictions
· Prohibits a person from driving an OHV off an existing road, trail or route in a manner that causes damage to:
- Wildlife habitat.
- Riparian areas.
- Cultural or natural resources.
- Property or improvements.
· Bans OHV use on roads, trails, routes or areas that are closed as indicated in rules or regulations of a federal agency, this state, a county or a municipality or by proper posting if the land is private land.
- A private landowner or lessee is not banned from performing normal agricultural or ranching practices while operating an ATV or OHV on the private or leased land.
· Bans OHV use over unimproved roads, trails, routes or areas unless driving on roads, trails, routes or areas where such driving is allowed by rule or regulation.
- A private landowner or lessee is not banned from performing normal agricultural or ranching practices while operating an ATV or OHV on the private or leased land.
· Directs a person to drive an OHV only on roads, trails, routes or areas that are opened as indicated in rules or regulations of a federal agency, this state, a county or a municipality.
· Restricts a person from operating an OHV in connection with:
- Acts of vandalism.
- Harassment of wildlife or domestic animals.
- Burglaries or other crimes.
- Damage to the environment, including,
Ø Excessive pollution of air, water or land.
Ø Abuse of the watershed.
Ø Impairment of plant or animal life.
· Prohibits a person from placing or removing a regulatory sign governing OHV use unless the person is an agent of the appropriate authority.
· Prescribes a Class 3 misdemeanor as a penalty for the above OHV operating violations.
· Clarifies that a judge may order a person to complete an approved safety course related to the off-highway operation of motor vehicles if found guilty of an OHV operation violation.
Off-Highway Vehicle Equipment Requirements
· Requires an OHV that is operating in Arizona to be equipped with the following:
- Brakes adequate to stop and hold the vehicle under normal operating conditions.
- Lighted headlights and tail lights if operated at night.
- A muffler or other noise dissipative device that prevents sound above 96 decibels.
- A spark arrestor device.
- A safety flag if operated on sand dunes or areas designated by the managing authority.
· Requires a person under 18 years of age to wear protective headgear if operating or riding an OHV on public or state land.
· Allows the AGFD in consultation with ADOT to:
- Adopt rules necessary to implement the OHV equipment requirements.
- Prescribe additional equipment requirements not in conflict with federal laws.
· Provides that the OHV equipment requirements do not apply to a private landowner or lessee performing normal agricultural or ranching practices while operating an ATV or OHV on private or leased land.
Miscellaneous
· Defines access road, closed course and mitigation.
· Amends the definitions of highway, off-highway recreation facility, off-highway vehicle, off-highway vehicle special event, off–highway vehicle trail and off-highway vehicle use area.
· Clarifies that the AGFD must conduct or approve an educational course in OHV safety and environmental ethics.
· Allows any organization or individual that conducts an approved training or educational course on OHV safety or environmental ethics to collect a reasonable fee from the participant that is set by the Director of the AGFD by rule.
· Prohibits holding a race or other organized event on lands or highways except if authorized by the appropriate agency or landowner.
· Makes a violation of Title 28, Chapter 3, Article 20 a civil traffic violation, unless otherwise specified.
· Requires the SPB to update the OHV recreational plan every five years, make it open to public input and include priority recommendations for allocating monies in the Fund.
· Specifies an effective date of January 1, 2009.
· Makes technical and conforming changes.
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Forty-eighth Legislature
Second Regular Session 2 January 18, 2008
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