ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: TTMC DP 6-1-0-0 | 3rd Read 20-8-2-0
House: TI DPA 8-3-0-0

SB1052: all-terrain vehicles; definition

Sponsor: Senator Carroll, LD 28

Caucus & COW

Overview

Changes the maximum unladen weight of an all-terrain vehicle or off-highway vehicle (OHV) from 2,500 to 3,500 pounds.

History

An all-terrain vehicle is either:

1)   a motor vehicle that:

a)   is designed primarily for recreational nonhighway all-terrain travel;

b)   is 50 or fewer inches in width;

c) has an unladen weight of 1,200 pounds or less;

d)   travels on three or more nonhighway tires; and

e)   is operated on a public highway; or

2)   a recreational OHV that:

a)   is designed primarily for recreational nonhighway all-terrain travel;

b)   is 80 or fewer inches in width;

c) has an unladen weight of 2,500 pounds or less;

d)   travels on four or more nonhighway tires;

e)   has a steering wheel for steering control;

f) has a rollover protective structure; and

g)   has an occupant retention system (A.R.S. § 28-101).

A person may not operate or allow the operation of an all-terrain vehicle or OHV 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).

A similar bill was introduced in the 56th Legislature, 1st Regular Session and was vetoed by the Governor (SB1100 all-terrain vehicles; definition). 

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteIncreases the maximum unladen weight of an all-terrain vehicle or OHV from 2,500 to 3,500 pounds. (Sec. 2 and 3)

2.   Modifies the definition of an all-terrain vehicle to require a recreational OHV to have an unladen weight of 3,500 pounds or less rather than 2,500 pounds or less. (Sec. 1)

 

Amendments

Committee on Transportation & Infrastructure

1.   Conditions the enactment of this legislation on ADOT establishing and funding by September 1, 2027:

a)   a remediation program to help mitigate damage to land, including private property, that results from all-terrain vehicles; and

b)   a county sheriff law enforcement program relating to all-terrain vehicle laws in this state to enable a county sheriff to have dedicated officers to enforce this state's all-terrain vehicle laws.

2.   Requires ADOT to notify the Director of Legislative Council in writing by October 1, 2027, if the conditional enactment conditions were or were not met.

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6.                     SB 1052

7.   Initials LM           Page 0 Caucus & COW

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