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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
off-highway vehicles; education requirements
Purpose
Establishes an Off-Highway Vehicle (OHV) Safety Education Course that is required for OHV operation beginning January 1, 2025.
Background
An OHV is a motorized vehicle that is operated primarily off of highways and is designed, modified or purpose-built primarily for recreational nonhighway all-terrain travel, including a tracked or wheeled, utility, all-terrain, four-wheel drive, amphibious or ground effects or air cushion vehicle, motorcycle, dune buggy and any other means of land transportation deriving motive power from a source other than muscle or wind (A.R.S. § 28-1171).
A person may not operate or allow the operation of an all-terrain or OHV in Arizona without either a resident or nonresident OHV 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 a maximum unladen weight of 2,500 pounds. The vehicle license tax for an all-terrain vehicle or OHV is $3 (A.R.S. §§ 28-1177 and 28-5801).
The Arizona Game and Fish Department (AZGFD) must conduct, or approve, an educational course of instruction in OHV safety and environmental ethics that must include instruction on OHV uses that limit air pollution and harm to natural terrain, vegetation and animals and requires the passage of a written exam to successfully complete the course (A.R.S. § 28-1175).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires AZGFD to conduct or approve an OHV Safety Education Course that must be composed of:
a) a required written knowledge instruction and examination component that is required for each operator; and
b) operational skills instruction and an examination component that is required only for an operator who is under 18 years old who does not possess a valid driver license.
2. Requires the OHV Safety Education Course to include:
a) the training of OHV operators;
b) the preparation and dissemination of OHV information and safety advice to the public; and
c) education relating to both the:
i) importance of gates and fences used in agriculture and how to properly close a gate; and
ii) respectful, sustainable and on-trail, OHV operation and respect for communities affected by OHV operation.
3. Requires, beginning January 1, 2025, a person to complete the OHV Safety Education Course and provide ADOT proof of completion before ADOT may issue a resident or nonresident OHV indicia.
4. Requires AZGFD to issue an OHV safety certificate to a person who successfully completes training or passes the knowledge and skills test established under the OHV Safety Education Course.
5. Requires AZGFD to ensure a person is able to complete the written component of the OHV Safety Education Course online.
6. Requires ADOT to share with AZGFD all OHV data relating to persons who have provided proof of course completion and all user indicias issued by ADOT.
7. Requires, by December 1, 2026, ADOT to submit a report to the Governor, the President of the Senate, Speaker of the House of Representatives and provide a copy of the report to the Secretary of State regarding the results of implementing the OHV education requirement, including:
a) the revenues and costs associated with the implementation; and
b) any recommendations for administrative or legislative action.
8. Repeals the OHV Safety Education Course and related requirements on June 1, 2027.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2024
KJA/EB/mg