SB 354

Under current law, the Department of Natural Resources (DNR) regulates the

operation of all-terrain vehicles (ATVs). DNR also regulates utility terrain vehicles

(UTVs), in consultation with the Department of Transportation, under a pilot

program that expires on June 30, 2012.

UTV pilot program

Under current law, 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.

The UTV pilot program allows DNR, a federal agency, a county, or a

municipality to designate an ATV route or trail within its respective jurisdiction for

use by persons operating 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.

Under the UTV pilot program, no person may operate a UTV on a designated

ATV route or trail unless DNR registers the UTV. The UTV pilot program 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. Under the UTV pilot program, certain laws that apply to ATVs

also apply to UTVs, including traffic citation laws, rules of operation, prohibitions

on operation while intoxicated, and certain equipment requirements. The UTV pilot

program prohibits a person who is younger than 16 from operating a UTV and

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.

UTV operation and funding under the bill

This bill eliminates the UTV pilot program and establishes a permanent

method for regulating the use of UTVs on ATV routes and trails. As with the pilot

program, the bill authorizes DNR and federal agencies, counties, and municipalities

to designate ATV routes and trails that may be used by persons operating UTVs.

Under the bill, as under the pilot program, most of the laws that apply to the

operation of ATVs also apply to the operation of UTVs. As under the UTV pilot

program, the bill allows the operation of UTVs only on those ATV routes and trails

that are specifically designated as open to UTV operation. The bill requires DNR to

establish uniform signs and standards for the operation of UTVs on ATV routes and

trails. The definition of a UTV under the bill is similar to the definition under the

pilot program except that it also specifies that a vehicle does not qualify as a UTV

if the vehicle would meet federal motor vehicle safety standards, or if it is a dune