SB 395

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

the laws regulating the operation and registration of all-terrain vehicles (ATVs) and

utility terrain vehicles (UTVs). This bill establishes requirements for the operation

and registration of off-highway motorcycles (OHMs) that are similar to the

requirements that apply under current law to ATVs and UTVs. The bill defines an

OHM as a motorcycle that is designed for off-highway operation, regardless of

whether it is also designed for on-highway operation.

This bill requires DNR to develop, encourage, and supervise a system of OHM

trails and routes in a similar manner to that existing under current law for ATV and

UTV trails and routes. The bill defines an "OHM trail" to be a corridor on lands open

to the public for recreational OHM use. The bill defines an "OHM route" to be a

highway or sidewalk open to recreational OHM use. The bill allows DNR to establish

standards and procedures for certifying the designation of OHM trails. As under

current law applicable to ATV trails, this bill allows a county, city, village, or town

(local governmental unit) or DNR to designate OHM routes and corridors through

land that it owns or controls for use as OHM trails. Moneys for these OHM projects

undertaken by DNR or local governmental units under this system, for enforcement

of OHM laws, and for the safety grants as described below, are appropriated from the

general fund. In providing funding for these projects, DNR must give priority to

trails, routes, and other facilities that are open only for use by OHMs.

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