AB 435

Under current law, a person may not operate an all-terrain vehicle (ATV) on

the roadway of a highway, street, or road except under certain limited circumstances.

This bill specifically authorizes the operation of ATVs, on a portion of a roadway and

shoulder of a highway, street, or road if the highway, by operators who are at least

16 years old, street, or road is within the jurisdiction of a county, town, city, or village

(municipality) that has enacted an ordinance that allows the operation of ATVs for

the purposes of residential access or access to and from a lodging establishment or

a campground. A municipality may not enact an ordinance for access to and from a

lodging establishment unless it has also enacted an ordinance for residential access.

For a state trunk highway (STH), the portion of the highway that may be open

to this access must be the shortest distance between the residence or lodging

establishment and the ATV route or trail. For distances on a STH that are more than

one-quarter mile, the Department of Transportation (DOT) must approve the access.

For distances on a STH that are one-quarter mile or less, a municipality may enact

such an ordinance unless the portion of the STH to be affected has been closed to

ATVs based on DOT's finding that it is unsafe to operate ATVs on that portion of the

STH. For any highway other than a STH, the distance open for ATV access may not

be more than five miles.

The bill prohibits a municipality from enacting an ordinance that allows the

operation of ATVs for residential or lodging access on the roadway or shoulder of any

freeway or interstate and on any highway that is located in a state park or state forest

if ATV operation is prohibited in the park or forest. Under the bill, an access

ordinance must impose a speed limit of 25 miles per hour and must require that the

ATV be operated as far on the right as possible.