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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to all-terrain vehicles.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions related to where an individual may operate a street-legal
13 all-terrain vehicle;
14 ▸ amends equipment requirements for a street-legal all-terrain vehicle;
15 ▸ amends speed limitations relating to the use of a street-legal all-terrain vehicle; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1509, as last amended by Laws of Utah 2014, Chapters 104 and 229
24 41-6a-1633, as last amended by Laws of Utah 2009, Chapter 171
25 41-22-10.2, as last amended by Laws of Utah 2005, Chapter 2
26 41-22-10.5, as last amended by Laws of Utah 2008, Chapter 36
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-1509 is amended to read:
30 41-6a-1509. Street-legal all-terrain vehicle -- Operation on highways --
31 Registration and licensing requirements -- Equipment requirements.
32 (1) (a) Except as provided in Subsection (1)(b), an all-terrain type I vehicle, utility type
33 vehicle, or full-sized all-terrain vehicle that meets the requirements of this section may be
34 operated as a street-legal ATV on a street or highway unless the highway is an interstate
35 freeway [
36 (b) Unless a street or highway is designated as open for street-legal ATV use by the
37 controlling highway authority in accordance with Section 41-22-10.5, a person may not operate
38 a street-legal ATV on a street or highway in accordance with Subsection (1)(a) if the highway
39 is under the jurisdiction of:
40 (i) a county of the first class; or
41 (ii) a municipality that is within a county of the first class.
42 (2) A street-legal ATV shall comply with the same requirements as:
43 (a) a motorcycle for:
44 (i) traffic rules under Title 41, Chapter 6a, Traffic Code;
45 (ii) registration, titling, odometer statement, vehicle identification, license plates, and
46 registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
47 (iii) fees in lieu of property taxes or in lieu of fees under Section 59-2-405.2; and
48 (iv) the county motor vehicle emissions inspection and maintenance programs under
49 Section 41-6a-1642;
50 (b) a motor vehicle for:
51 (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
52 (ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
53 Motor Vehicle Owners and Operators Act; and
54 (iii) safety inspection requirements under Title 53, Chapter 8, Part 2, Motor Vehicle
55 Safety Inspection Act, except that a street-legal ATV shall be subject to a safety inspection:
56 (A) when registered for the first time; and
57 (B) subsequently, on the same frequency as described in Subsection 53-8-205(2) based
58 on the age of the vehicle as determined by the model year identified by the manufacturer; and
59 (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
60 41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
61 Regulation Act, unless otherwise specified in this section.
62 (3) (a) An all-terrain type I vehicle and a utility type vehicle being operated as a
63 street-legal ATV shall be equipped with:
64 (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
65 (ii) one or more tail lamps;
66 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
67 with a white light;
68 (iv) one or more red reflectors on the rear;
69 (v) one or more stop lamps on the rear;
70 (vi) amber or red electric turn signals, one on each side of the front and rear;
71 (vii) a braking system, other than a parking brake, that meets the requirements of
72 Section 41-6a-1623;
73 (viii) a horn or other warning device that meets the requirements of Section
74 41-6a-1625;
75 (ix) a muffler and emission control system that meets the requirements of Section
76 41-6a-1626;
77 (x) rearview mirrors on the right and left side of the driver in accordance with Section
78 41-6a-1627;
79 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
80 (xii) a speedometer, illuminated for nighttime operation;
81 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
82 seat designed for passengers, including a footrest and handhold for each passenger;
83 (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
84 (xv) tires that:
85 [
86 [
87 available for the all-terrain vehicle model; and
88 [
89 (b) A full-sized all-terrain vehicle being operated as a street-legal all-terrain vehicle
90 shall be equipped with:
91 (i) two headlamps that meet the requirements of Section 41-6a-1603;
92 (ii) two tail lamps;
93 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
94 with a white light;
95 (iv) one or more red reflectors on the rear;
96 (v) two stop lamps on the rear;
97 (vi) amber or red electric turn signals, one on each side of the front and rear;
98 (vii) a braking system, other than a parking brake, that meets the requirements of
99 Section 41-6a-1623;
100 (viii) a horn or other warning device that meets the requirements of Section
101 41-6a-1625;
102 (ix) a muffler and emission control system that meets the requirements of Section
103 41-6a-1626;
104 (x) rearview mirrors on the right and left side of the driver in accordance with Section
105 41-6a-1627;
106 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
107 (xii) a speedometer, illuminated for nighttime operation;
108 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
109 seat designed for passengers, including a footrest and handhold for each passenger;
110 (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
111 (xv) tires that:
112 (A) do not exceed 44 inches in height; and
113 (B) have at least 2/32 inches or greater tire tread.
114 (c) A street-legal all-terrain vehicle is not required to be equipped with wheel covers,
115 mudguards, flaps, or splash aprons.
116 (4) (a) Subject to the requirement in Subsection (4)(b), an operator of a street-legal
117 all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway [
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119 (i) the posted speed limit; or
120 (ii) [
121 (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
122 all-terrain vehicle on a highway with a posted speed limit higher than [
123 shall:
124 (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
125 roadway; and
126 (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
127 and back of both sides of the vehicle.
128 (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
129 operated on the highways of another state has the same rights and privileges as a street-legal
130 ATV that is granted operating privileges on the highways of this state, subject to the
131 restrictions under this section and rules made by the Board of Parks and Recreation, if the other
132 state offers reciprocal operating privileges to Utah residents.
133 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
134 Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
135 privileges for nonresident users granted under Subsection (5)(a).
136 (6) Nothing in this chapter shall restrict the operation of an off-highway vehicle in
137 accordance with Section 41-22-10.5.
138 Section 2. Section 41-6a-1633 is amended to read:
139 41-6a-1633. Mudguards or flaps at rear wheels of trucks, trailers, truck tractors,
140 or altered motor vehicles -- Exemptions.
141 (1) (a) Except as provided in Subsection (2), when operated on a highway, the
142 following vehicles shall be equipped with wheel covers, mudguards, flaps, or splash aprons
143 behind the rearmost wheels to prevent, as far as practicable, the wheels from throwing dirt,
144 water, or other materials on other vehicles:
145 (i) a vehicle that has been altered:
146 (A) from the original manufacturer's frame height; or
147 (B) in any other manner so that the motor vehicle's wheels may throw dirt, water, or
148 other materials on other vehicles;
149 (ii) any truck with a gross vehicle weight rating of 10,500 pounds or more;
150 (iii) any truck tractor; and
151 (iv) any trailer or semitrailer with an unladen weight of 750 pounds or more.
152 (b) The wheel covers, mudguards, flaps, or splash aprons shall:
153 (i) be at least as wide as the tires they are protecting;
154 (ii) be directly in line with the tires; and
155 (iii) have a ground clearance of not more than 50% of the diameter of a rear-axle
156 wheel, under any conditions of loading of the motor vehicle.
157 (2) Wheel covers, mudguards, flaps, or splash aprons are not required:
158 (a) if the motor vehicle, trailer, or semitrailer is designed and constructed so that the
159 requirements of Subsection (1) are accomplished by means of fenders, body construction, or
160 other means of enclosure; [
161 (b) on a vehicle operated or driven during fair weather on well-maintained,
162 hard-surfaced roads if the motor vehicle:
163 (i) was made in America prior to 1935;
164 (ii) is registered as a vintage vehicle; or
165 (iii) is a custom vehicle as defined under Section 41-6a-1507[
166 (c) on a street-legal all-terrain vehicle.
167 (3) Except as provided in Subsection (2)(b), rear wheels not covered at the top by
168 fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means
169 extending rearward at least to the center line of the rearmost axle.
170 Section 3. Section 41-22-10.2 is amended to read:
171 41-22-10.2. Off-highway vehicles -- Prohibited on interstate freeway.
172 It is unlawful for an off-highway vehicle to operate along, across, or within the
173 boundaries of an interstate freeway [
174 41-6a-102.
175 Section 4. Section 41-22-10.5 is amended to read:
176 41-22-10.5. Local ordinances -- Designating routes -- Supervision.
177 (1) A municipality or county may adopt ordinances:
178 (a) designating certain streets and highways under its respective jurisdiction:
179 [
180 [
181 [
182 operators to gain direct access to or from a private or public area open for off-highway vehicle
183 use[
184 (b) permitting the use of a street-legal all-terrain vehicle on a street or highway
185 designated for:
186 (i) general off-highway vehicle use under Subsection (1)(a)(i); or
187 (ii) limited off-highway vehicle use under Subsection (1)(a)(ii).
188 (2) A municipality or county may not prohibit or restrict the use of a street-legal
189 all-terrain vehicle on a street or highway where the use of another street-legal vehicle is
190 permitted.
191 [
192 is under 16 years of age to be under the direct visual supervision of an adult who is at least 18
193 years of age while using a route designated under Subsection (1).
194 [
195 the boundaries of an interstate freeway [
196 [
197 off-highway vehicle on any street or highway that is not designated or posted as open for
198 off-highway vehicle use in accordance with Subsection (1) or Section 41-22-10.1.
199 [
200 used in accordance with Section 41-22-5.5.