ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: TTMC DP 6-1-0-0 | 3^rd Read 20-8-2-0 House: TI DPA 8-3-0-0

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SB1052: all-terrain vehicles; definition

Sponsor: Senator Carroll, LD 28

House Engrossed

Overview

Changes the maximum unladen weight of an all-terrain vehicle or off-highway vehicle (OHV) from 2,500 to 3,500 pounds. Contains a conditional enactment and legislative intent clause.

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 (ADOT) 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. Increases 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)

3. Conditions the enactment of this legislation on ADOT by September 1, 2027, increasing the resident and nonresident off-highway user indicia fees and on the Arizona State Parks Board (ASPB) using monies from the increased user fees to:

a) mitigate damages to land, including private property, that results from all-terrain vehicles and allow private individuals to directly receive monies from the Off-Highway Vehicle Recreation Fund to use for remediation; and

b) fund a county sheriff law enforcement program relating to all-terrain vehicle laws in this state to enable a county sheriff to enforce this state's all-terrain vehicle laws. (Sec. 5)

4. Requires ADOT and ASPB to notify the Director of Legislative Council in writing by October 1, 2027, if the conditional enactment conditions were or were not met. (Sec. 5)

5. Includes a legislative intent clause. (Sec. 4)

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9.                   SB 1052

10. Initials LM/JB     Page 0 House Engrossed

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