State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2342: off-highway vehicles; definition; user indicia

PRIME SPONSOR: Representative John, LD 14

BILL STATUS: House Engrossed

               

Legend: ADOT – Arizona Department of Transportation ATV – All-Terrain Vehicle AZGFD – Arizona Game & Fish Department OHV – Off-Highway Vehicle Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to off-highway vehicles.

Provisions

1.       Creates an OHV user indicia program for nonresidents. (Sec. 3)

2.       Prohibits a person from allowing the operation of an ATV or OHV without the required resident or nonresident OHV user indicia. (Sec. 3, 4)

3.       Excludes an applicant for nonresident OHV user indicia from eligibility for motor vehicle registration for highway use. (Sec. 3)

4.       Exempts an ATV or an OHV from the OHV user indicia requirements if it displays a valid dealer license plate issued by ADOT or is used exclusively for mining exploration purposes. (Sec. 3, 4)

5.       Authorizes AZGFD to:

a.       Sell non-resident OHV user indicia;

b.       Use monies allocated to AZGFD from the ohv recreational fund for administration of the non-resident indicia program; and

c.        Adopt rules for the indicia program, in consultation with ADOT. (Sec. 2, 3)

6.        Modifies the definition of OHV. (Sec. 1)

7.       Makes technical and conforming changes. (Sec. 2 -4)

Current Law

A person is prohibited from operating an ATV or OHV without OHV user indicia if it is primarily designed by the manufacturer for travel over unimproved terrain and that has an unladen weight of up to 1,800 pounds. When a person pays for the OHV user indicia, the person may request motor vehicle registration and is not required to pay the registration fee (A.R.S. § 28-1177).

OHV user indicia are not required if:

·         The person is participating in an off-highway 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 an emergency or operation directed by a peace officer or public authority; or

·         The person is not a resident of Arizona, owns the vehicle, the vehicle has current OHV user indicia from the person's state of residence and the vehicle is not in Arizona for more than 30 consecutive days (A.R.S. § 28-1178).

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·         Fifty-third Legislature                          HB 2342

·         Second Regular Session                       Version 3: House Engrossed

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