Utah OHV street legal information

Fasttrax · 2008-08-28 07:09:13

Synopsis and Summary of 2008 OHV Legislation
2008 General Session
SB 76—State Parks and Recreation Amendments

Introduction
SB 76 modifies the Motor Vehicle Act and the State Boating Act by giving the Board of
Parks and Recreation authority to set fees for the OHV and Boating Education courses.
Previously, those were established in statute. It also amends the definition of a Type I
ATV by modifying the definition of a low-pressure tire.
Changes
Under existing statute, the maximum fees we could collect for our OHV and Boating
Education courses have been set by the Legislature. The Board then had authority to set
the actual fee up to the limit in the code. This change allows the Board to set the fee,
allowing the Division to react to changes in the program needs in a faster manner. It will
also allow us to set the fees for the OHV and Boating programs at the same level to
minimize confusion.
A Type I ATV has been defined, in part, as having three or more low pressure tires. Low
pressure tires have been defined as “any pneumatic tire six inches or more in width
designed for use on wheels with rim diameter of 12 inches or less…” Recently, many
utility type ATVs have come from the manufacturer with 14 inch wheels. Other
aftermarket sources have aggressively marketed 14 inch wheels as the new standard for
utility grade ATVs. By definition, a 14 inch wheel is no longer a “low pressure tire”.
Since a standard (Type I) ATV with 14 inch wheels is no longer operating on low
pressure tires, it ceases to be a Type I ATV and becomes a Type II ATV. Under the law,
children are not required to wear helmets on Type II ATVs. This creates a safety
concern.
HB 291—Off-highway Vehicle Amendments
Introduction
HB291 modifies the Motor Vehicle Code by amending provisions governing the use of
off-highway vehicles by minors. It creates a definition for “direct supervision” and
establishes a requirement for supervision of unlicensed minors while operating OHVs
under certain circumstances. The Chief Sponsor of the bill was Representative Michael
Noel at the request of the Utah Sheriff’s Association, with Senator Mike Dmitrich acting
as the Senate Sponsor. The bill takes effect July 1, 2008.
Defining “Direct Supervision”
“Direct Supervision” is defined as “Oversight at a distance of no more than 300 feet and
within which visual contact is maintained and advice and assistance can be given and
received.”
The new requirement
Under HB 291, the operator of an off-highway vehicle on public lands must meet one of
the following criteria:
1. Be under the direct supervision of a certified off-highway vehicle safety
instructor during a regularly scheduled training course; or
2. Have in his or her possession a valid driver’s license; or
3. Have in his or her possession an appropriate safety certificate issued or
approved by the division, and if under 18 years of age, be under the direct
supervision of a person who is at least 18 years of age if operating on a public
highway that is open to motor vehicle use and not reserved exclusively for offhighway
vehicles.
It was fairly clear that the legislative intent of the bill is to have an adult supervising
young riders during any time when they may come into contact with full size vehicles
operating on the same route. That would include county roads, forest roads, city streets,
and similar highways (highways = travel routes). The legislature was less concerned
about the direct supervision requirement in places where full size vehicles would not be
found, such as narrow trails, closed courses (racetracks) and the like. Implements of
husbandry are not included in this requirement.
Traditionally, the fine for violating this part of the OHV law has been “not more than
$50” per offense. HB 291 raises that limit to “not more than $100” per offense. Judicial
discretion will still apply.
What does it mean?
Kids will need to be supervised on 80% of the “trails” in the state.

[size=18]SB181S01—Off-highway Vehicle Use on Public Highways

Introduction
SB181S01 modifies the Insurance Code and the Motor Vehicles Code by amending
provisions governing the use of off-highway vehicles, specifically ATVs, on public
highways. It creates by definition a new class of motor vehicles known as “Street-Legal
All-terrain Vehicles, or Street-Legal ATVs”, defines the operational and equipment
requirements for street-legal ATVs, and modifies the law as it relates to county and
municipality authority to designate highways under their respective jurisdictions for
OHV use. The Chief Sponsor of the bill was Senator Scott Jenkins, with Representative
Michael Noel acting as the House sponsor. The bill takes effect on October 1, 2008.
Creating a Street Legal ATV
Both Type I ATVs and Type II ATVs are eligible to become “Street-Legal ATVs” under
the new law. In order for an ATV to become “street-legal” under SB181S01, it must
have the following equipment:
ü One or more headlamps that meet the requirements set forth for standard motor
vehicles
ü One or more tail lamps
ü A white tail lamp or other lamp to illuminate the license plate
ü One or more red reflectors on the rear
ü Amber electric turn signals, one on each side, both front and rear
ü A braking system that meets requirements for standard motor vehicles, except
street legal ATVs do not require a parking brake
ü A horn or other warning device (No sirens, whistles or bells; must be audible
from 200 feet; may not be “unreasonably loud or harsh”)
ü A muffler and emission control system
ü Rearview mirrors on the right and left side of the driver
ü A windshield, unless the operator wears eye protection while operating
ü A speedometer, illuminated for nighttime operations
ü “For vehicles designed by the manufacturer for carrying one or more passengers,
a seat designed for passengers, including a footrest and handhold for each
passenger.”
ü Seatbelts for each occupant in vehicles with side by side seating.
Registration and Licensing
A street-legal ATV must comply with the same requirements as a motorcycle for:
· Traffic rules under the Traffic Code
· Driver licensing under the Uniform Driver License Act (at least 16 years
old, with a valid driver’s license and a motorcycle endorsement)
· Registration, titling, odometer statement, vehicle identification, license
plates, and registration fees
· Fees in lieu of property tax
· County motor vehicle emissions inspection and maintenance programs
A street-legal ATV must comply with the same requirements as a motor vehicle for:
· Motor vehicle insurance
· Safety inspection requirements (except that a street-legal ATV shall be
subject to a safety inspection when registered for the first time.) Safety
inspection will be a verification of the required equipment.
A street-legal ATV must comply with the requirements set forth for off-highway vehicles
in all other circumstances, including the payment of fees as established in law. In
practical terms, this means that a street-legal ATV will pay both the highway and offhighway
fees.
Operations
Street-legal ATVs may be operated on any highway of the state which has one lane in
each direction, except
§ Highways under the jurisdiction of any first class county (Salt
Lake County is the only first class county in the state at present)
§ Highways under the jurisdiction of any municipality in a county of
the first class, or
§ Highways under the jurisdiction of any municipality with a
population of 7500 or more.
Provisions are made in the law for first class counties and municipalities to designate
routes open to street-legal ATVs, notwithstanding the above-mentioned prohibitions.
Street-legal ATVs are still prohibited on interstate freeways and controlled access
highways, as are all off-highway vehicles.
While operating a street-legal ATV, the operator may not exceed the posted speed limit,
or 45 MPH, whichever is less. Otherwise, all traffic laws apply.
Other Provisions of the new law
In addition to addressing the issue of street-legal ATVs, SB181S01 clarifies an often
misunderstood section of OHV law. It has been unclear whether or not a county or
municipality could designate highways under their control for general OHV use, or only
as routes for access to and from designated riding areas. SB181S01 clarifies this issue,
stating that a county or municipality may designate highways under its jurisdiction as
1. Open for street-legal ATV operation;
2. Open for general off-highway vehicle operation; or
3. Open for limited off-highway vehicle operation to allow OHVs to gain direct
access to and from a public or private riding area.
What doesn’t change
1. Counties and municipalities may still designate routes under their respective
jurisdiction for use by OHVs, and should be encouraged to do so. Allowing
the street-legal designation to replace local designation will disrupt tourism
related use of our established trail systems and community connectors by
eliminating family use, since non-licensed operators are not allowed to operate
as street-legal.
2. The Division’s responsibility remains the same, which is to assist Counties,
municipalities, and federal agencies in managing the recreational use of offhighway
vehicles.
3. Travel planning by federal agencies should not be greatly affected. Streetlegal
ATVs will be limited to routes designated for motor vehicle travel. They
will likely be allowed on routes otherwise limited to full sized vehicles, but
non-motorized trails are still off-limits to street-legal ATVs.
What we still don’t know…
1. We don’t know how many ATVs will be licensed as street-legal. Arizona
reports approximately 30% of their ATVs made the switch.
2. We don’t know what the safety ramifications will be in mixing ATVs (at 45
MPH) and larger vehicles (at speeds up to 65 MPH) but are concerned that it
will present a significant safety hazard. However, we don’t know if it could
be worse than having bicycles on highways, a condition that we live with
daily.
3. If there are safety issues, we don’t know how that will affect the future of
OHV recreation. We have seen a recent increase in scrutiny by the CPSC and
various consumer protection organizations, with the backing of some
environmental extremists, in attacking OHV use in general as unsafe.
4. We don’t know if this change will become a disincentive to agencies or
counties in designating OHV routes, but certainly hope it will not be.
5. It is unclear which agency will be the lead agency in enforcing provisions of
the law. It appears that this is primarily a highway issue, rather than a
recreational use issue.
6. We still don’t know what forms the basis of the population figures used to
determine whether a city is above or below the 7500 mark. Moreover, visitors
will have an even tougher time making this determination!
7. We don’t know how this will play with our nonresident program. That is still
to be determined. The law requires the Board to set reciprocity standards for
other states with similar programs.[/size]

Fasttrax · 2008-10-31 22:31:55

Here is the latest info from Utah

http://publicsafety.utah.gov/safetyinsp … ction.html

Might need to change tires and add a mirror, and motorcycle test

Fasttrax · 2008-12-10 19:14:34

Finally got there! Now if I can get my motorcycle endorsement I will be set.

You should have seen them at the JUST EMMISSIONS station as well as the MOTOR VEHICLES....PRICELESS!

Badley · 2008-12-10 19:31:05

Sweet! Now where you going to ride So what is the synopsis...
Horn, signals, windshield (or glasses/goggles), rear view mirror, emisions test??
Did they pass the HID's? What about brights? What did it all cost, etc. (20 questions)

Fasttrax · 2008-12-10 19:50:13

Not to bad. No emmissions and you do not need amber rear turn signals, you can use your tail lights and wire them as turn signals. I was the first at "just emmissions" and had to walk them through it. The ladie couldn't find my rear brakes until I pointed them out.
The ladie at the DMV couldn't figure out how to convert the registration over. I did pay my fees early but its nice having it done.
I want to go cruising park city on the next snowstorm to show off to the treehuggers!

84camaro · 2008-12-10 20:41:44

its kind of weird to see people when you pull up to a red light mine has been done for about a month.

RedMan · 2008-12-10 22:49:05

Not to bad. No emmissions and you do not need amber rear turn signals, you can use your tail lights and wire them as turn signals. I was the first at "just emmissions" and had to walk them through it. The ladie couldn't find my rear brakes until I pointed them out.
The ladie at the DMV couldn't figure out how to convert the registration over. I did pay my fees early but its nice having it done.
I want to go cruising park city on the next snowstorm to show off to the treehuggers!

I would not bank on being able to get away with red turn signals.
The law calls out amber and the safety inspection manual says amber.

I'm thinking you got lucky with your inspector.

Fasttrax · 2008-12-10 23:00:34

The uhp faxed me a list of details that had to be done to pass. Behind the amber they had wrote in "or red" and the inspection station had also known about the change. UHP is very helpful on info and is willing to fax the info with stations certified for atv inspections. Not all inspection stations regardless of motorcycle or vehicle is certified. They must have a atv certification as well.

It has been fun to learn and see the changes occuring rapidly with this law. I wonder how long it will be before a dot approved tire will allow salt lake county to be included...just a thought.

84camaro · 2008-12-10 23:31:04

i ran mine threw the stock tail lights. so if i am reading that right you can ride in any town that isnt considered. first class and salt lake is the only town.

RedMan · 2008-12-11 10:43:11

If a town has more than 7500 residents it can decide to restrict your access.
Vernal and St George apparently said no to ATVs.

84camaro · 2008-12-11 21:28:26

just wondering thanks the town i live in has more then 7500 i passed a bunch of cops and they didnt even look over.

Fasttrax · 2008-12-11 21:43:25

We are only one step from being 100% street legal by the Utah requirements and that is DOT tires. I cannot figure out how a 50 cc moped or a smart car can be allowed on the road but not my side x side.

I think that Utah will slowly allow more of the side x sides or type 2's but will keep the ATV's in check. I say that due to the amount of people that could suddenly think it is legal for everyone to be on the road. Mabey Honda should focus on a street legal side x side :idea: , and quit labeling for "off road use only" which has always been UHP's stance on it until now. Afterall, a set of BFG's on a 14" wheels would make it 100% street legal at Utah's current vehicle requirements.

84camaro · 2008-12-12 08:10:38

ya thats true but bfg took those tires off the market. i am in cache valley and some of the towns you can ride anything with no plate or anything.

Papa Bear · 2009-02-10 23:59:58

God, you have to love a Republican state! Here in Californiacate they don't even want them off-road! Good for you guys!!!!

Fasttrax · 2009-02-11 08:40:50

We will soon be driving Smart cars and other super-compact cars and they will still ban a side x side...go figure!

:shock: We have retards in the government....HELP!

#1 2008-08-28 07:09:13

Re: Utah OHV street legal information

#2 2008-10-31 22:31:55

Re: Utah OHV street legal information

#3 2008-12-10 19:14:34

Re: Utah OHV street legal information

#4 2008-12-10 19:31:05

Re: Utah OHV street legal information

#5 2008-12-10 19:50:13

Re: Utah OHV street legal information

#6 2008-12-10 20:41:44

Re: Utah OHV street legal information

#7 2008-12-10 22:49:05

Re: Utah OHV street legal information

#8 2008-12-10 23:00:34

Re: Utah OHV street legal information

#9 2008-12-10 23:31:04

Re: Utah OHV street legal information

#10 2008-12-11 10:43:11

Re: Utah OHV street legal information

#11 2008-12-11 21:28:26

Re: Utah OHV street legal information

#12 2008-12-11 21:43:25

Re: Utah OHV street legal information

#13 2008-12-12 08:10:38

Re: Utah OHV street legal information

#14 2009-02-10 23:59:58

Re: Utah OHV street legal information

#15 2009-02-11 08:40:50

Re: Utah OHV street legal information

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