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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
all-terrain vehicles; definition
Purpose
Increases, from 2,500 to 3,500 pounds, the maximum unladen weight of an
all-terrain vehicle or off-highway vehicle that is subject to
registration and vehicle license tax (VLT) requirements.
Background
An all-terrain vehicle is designed primarily for recreational
nonhighway all-terrain travel and is either: 1) a motor vehicle that is up to 50
inches in width, has an unladen weight of 1,200 pounds or less, travels on
three or more nonhighway tires and is operated on a public highway; or 2) a
recreational off-highway vehicle that is up to 80 inches in width, has an
unladen weight of 2,500 pounds or less, travels on four or more nonhighway
tires and has a steering wheel for steering control, a rollover protective
structure and an occupant retention system (A.R.S.
§ 28-101).
A person may not operate or allow the operation of an all-terrain vehicle or off-highway vehicle in Arizona without either a resident or nonresident off-highway vehicle user indicia issued by the Arizona Department of Transportation if the vehicle: 1) is designed by the manufacturer primarily for travel over unimproved terrain; and 2) has an unladen weight of 2,500 pounds or less (A.R.S. § 28-1177).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from 2,500 to 3,500 pounds, the maximum unladen weight of an all-terrain vehicle or off-highway vehicle that:
a) must register for a resident or nonresident off-highway vehicle user indicia; and
b) is subject to a VLT of $3.
2. Modifies the definition of all-terrain vehicle to require a recreational nonhighway all-terrain vehicle to have an unladen weight of 3,500 pounds or less, rather than 2,500 pounds or less.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Applies the increased maximum unladen weight to the registration and VLT requirements for all-terrain and off-highway vehicles.
Governor's Veto Message
The Governor indicates in her veto message that the Legislature is encouraged to work with her administration to explore current challenges with off-highway vehicles and recommend mitigation strategies to minimize the impact and destruction of off-trails before increasing weight limits. To accomplish such goals, the Governor recommends working with the Off-Highway Vehicle Study Committee and the All-Terrain State Parks Advisory Group to study and propose administrative or legislative solutions.
Senate Action House Action
TAT 1/30/23 DP 6-1-0 TI 3/22/23 DP 7-3-1-0
3rd Read 2/21/23 19-10-1 3rd Read 5/15/23 43-15-1-0-1
Vetoed by the Governor 5/19/23
Prepared by Senate Research
May 22, 2023
KJA/CB/sr