Operation of off-highway motorcycles, granting rule-making authority, making appropriations, and providing penalties. (FE)

OHM registration and trail passes This bill distinguishes OHMs that are registered by the Department of Transportation (DOT) from those that are not. The bill does not restrict the owner of an OHM from registering the OHM with DOT for highway use. However, if an owner wishes to operate an OHM off the highway, the owner must register the OHM with DNR and pay an annual registration fee. As to operation on OHM routes, the owner must register the OHM with DNR unless the OHM route is on a highway, as opposed to a sidewalk, and the OHM is registered with DOT. The owner of an OHM may register it with DNR for public use on trails and routes and other areas open for public use. The owner may register an OHM for private use if its use will be limited to operation for agricultural purposes and operation by the owner or a member of his or her family on land that is owned or leased by the owner or a family member. The fee for registration for private use is lower. The bill includes exemptions from this registration requirement which are similar to those exemptions under current law for ATVs and UTVs. The bill also requires a person who sells OHMs for a profit at retail to register with DNR as an OHM dealer. These registration fees are deposited in the transportation fund.

If a person will be operating an OHM off the highways, and the OHM is not registered with DNR, or is not exempt from DNR registration, the person must pay a fee and be issued an annual nonresident trail pass by DNR in order to operate the OHM on an OHM trail or other corridor that is open to the public for the recreational use of OHMs.

OHM operation The bill imposes various restrictions on the operation of limited use OHMs that are similar to those imposed on ATVs and UTVs. A limited use OHM is an OHM that is not registered by DOT for use on highways. Generally, limited use OHMs are not allowed on the roadway portion of a highway except as is necessary to cross the highway. They are also allowed on highways that are designated as OHM routes or that are only minimally maintained on a seasonal basis for regular motor vehicle traffic. The bill regulates the operation of OHMs on areas that are adjacent to roadways of highways, and imposes a speed limit when the OHM is within a specified distance of a dwelling, a person who is not operating a motorized vehicle, or a fishing shanty.

This bill creates an intoxicated operation law that applies to OHM routes, trails, and other off-highway places that are open to the recreational use of OHMs.

Under the law, a person may not operate an OHM with an alcohol concentration of 0.08 or more. This bill requires an OHM operator to submit to certain screening tests if a law enforcement officer has probable cause to believe that the operator is operating the OHM under the influence of alcohol. These provisions are similar to the provisions in current law relating to the operation of an ATV or UTV while under the influence of an intoxicant.

Under this bill, a person need not have an operator's license issued by DOT in order to operate an OHM off the highways and need not carry liability insurance on the OHM. With limited exceptions, a person riding on an OHM must wear a helmet when riding off the highways unless he or she is at least 18 years old.

OHM operation; age restrictions Under this bill, a person under the age of 12 may not operate an OHM on a highway under any circumstance and may operate an OHM off a highway only if he or she is under continuous verbal direction or control of a parent or guardian or of an adult who has been designated by the parent or guardian. Also, under the bill, anyone who is at least 12 of age and who was born after January 1, 1998, must hold a valid safety certificate issued upon completion of the safety instruction program described below. These age restrictions do not apply to the operation of OHMs on private property if the property owner has given consent and does not hold out the property to the public for OHM use.

This bill requires DNR to establish a safety certification program on OHM laws and related subjects and to issue certificates to persons who successfully complete the program. These requirements are similar to the requirements that apply under current law concerning programs of instruction for operators of ATVs and UTVs.

No person who rents limited use OHMs to the public (OHM renter) may rent a limited use OHM to a person under 12 years of age. Also, an OHM renter may not rent a limited use OHM without first making sure that any person under the age of 18 who will be on the OHM has a motorcycle helmet that meets federal standards.

OHM safety grant program This bill requires DNR to establish a program to award grants to organizations that promote the operation of OHM vehicles in a manner that is safe and responsible and that does not harm the environment. An organization that receives a grant under this program must use the grant moneys to promote and provide support to the safety certification program on OHM laws.

Off-highway motorcycle council The bill creates the Off-Highway Motorcycle Council (council), consisting of five members who must be members of OHM clubs. The bill authorizes the council to make recommendations to DNR on matters relating to OHM trails and routes and on other matters relating to the operation of OHMs.