AB 1039

This bill makes numerous changes to laws relating to all-terrain vehicles

(ATVs), utility terrain vehicles (UTVs), off-highway motorcycles (OHMs), and

snowmobiles.

Careless operation of an ATV or UTV

Current law prohibits a person from operating an ATV or UTV in any careless

way that endangers the person or property of another. The bill prohibits a person

from operating an ATV or UTV in any careless, reckless, or negligent manner so as

to impair the life, person, or property of another. Under the bill, for a violation of this

prohibition that results in impairment of the property of another, the court may hold

the defendant liable for treble damages, to be recovered by the person responsible for

maintenance of the property, and may order the defendant to restore, rebuild, repair,

or replace the property.

ATV and UTV operation on bridges

Under current law generally, a person may not operate an ATV or UTV on a

highway. However, a person may operate an ATV or UTV on the shoulder or roadway

of a highway to cross a bridge that is no more than 1,000 feet long if the operation

complies with a local ordinance that applies to the bridge. Current law requires that

such an ordinance requires a person to stop his or her ATV or UTV before crossing

the bridge. The bill eliminates the 1,000-foot limitation and the requirement that

a person stop before crossing the bridge.

Ordinances authorizing ATV and UTV operation on highways

Under current law, a city, village, or town (municipality) may enact an

ordinance to authorize the operation of ATVs and UTVs on a highway with a speed

limit of 35 miles per hour or less that is located within the territorial boundaries of

the municipality, regardless of whether the municipality has jurisdiction over the

highway. The bill eliminates the requirement that the highway have a speed limit

of 35 miles per hour or less.

Emergency operation of ATVs and UTVs

The bill provides that ATVs and UTVs may be operated on any roadway if the

operation is for emergency purposes during a period of emergency declared by the

governmental agency having jurisdiction over the roadway.

Authorized emergency vehicles

Under current law, “authorized emergency vehicle” is defined to include

vehicles operated by various entities, such as law enforcement officers, fire

departments, conservation wardens, and ambulance services. The bill expands the

definition of “authorized emergency vehicle” to include ATVs, UTVs, and

snowmobiles operated by these same entities and to include off-highway

motorcycles operated by law enforcement officers and conservation wardens.

Patrol vehicles

The bill creates definitions for “patrol all-terrain vehicle,” “