SB 448

This bill establishes a pilot program for the operation of utility terrain vehicles

(UTVs) that is similar to a pilot program for the operation of lightweight utility

vehicles (LUVs) under prior law that expired on September 30, 2009. The bill

requires that the Department of Natural Resources (DNR) administer the UTV pilot

program in consultation with the Department of Transportation to investigate the

effects of using UTVs on all-terrain vehicle routes and trails.

Under the bill, a UTV is defined as a motor driven device, other than a golf cart

or low-speed vehicle, that is designed to be used primarily off of a highway and that

has, and was originally manufactured with, certain features, including a gross

weight of more than 900 pounds but not more than 1,999 pounds, a cargo or dump

box, four or more low-pressure tires, non-straddling seats for at least two occupants,

and certain safety systems.

As with the LUV program under prior law, which allowed counties and

municipalities to designate all-terrain vehicle (ATV) routes and trails that may be

used by LUVs, the UTV pilot program allows counties and municipalities to make

such a designation, except that unlike the LUV pilot program, which was limited to

eight specified counties and the municipalities within those counties, the UTV pilot

program is open to any county and the municipalities within those counties. The

program also allows DNR and any federal agency that receives state funds for ATV

projects to designate ATV routes and trails that may be used by UTVs. The UTV pilot

program provides that if a county adopts a resolution electing to participate in the

pilot program, then the resolution applies to all of the municipalities within the

county unless a municipality adopts a resolution to opt out of the program.

Unlike the LUV pilot program, the UTV pilot program prohibits a person from

operating a UTV on a designated ATV route or trail unless the UTV is registered by

DNR. The bill authorizes DNR to register and charge registration fees for UTVs in

the same manner as it registers and charges registration fees for ATVs that are

registered for public use under current law. The bill provides that certain laws that

apply to ATVs under current law apply to UTVs under the pilot program, including

traffic citation laws, rules of operation, prohibitions on operation while intoxicated,

noise limits, and certain equipment requirements. Unlike the LUV pilot program

under prior law, the bill does not require a person who operates a UTV under the UTV

pilot program to have a motor vehicle operator's license but instead prohibits a

person who is younger than 16 from operating a UTV. The bill also requires a person

who is born on or after January 1, 1988, and who operates a UTV to hold a valid

all-terrain vehicle safety certificate.

The bill provides that the UTV pilot program does not apply after June 30, 2012.