Fiscal Summary
Increase State Revenue – $100/FY24-25 and Subsequent Years/General Fund
$2,400/FY23-24/Highway Fund
$4,800/FY24-25 and Subsequent Years/Highway Fund
Bill Summary
Present law authorizes the operation of registered Class I and Class II off-highway vehicles ("OHV") on county roads, but not on interstate highways. The operation of OHV on state highways is permitted on certain segments in Anderson, Campbell, Morgan, Perry, Scott, and Unicoi counties and the municipalities of Granville and Johnson City.
Class I OHV includes a motorized vehicle with four to six nonhighway tires, with a top speed greater than 35 miles per hour, that is limited in total dry weight up to 3,500 pounds, that is 80 inches or less in width, and that has a nonstraddle seating capable of holding two to four passengers and a steering wheel. A mini truck is also a Class I OHV.
Class II OHV includes any OHV that is designed to be primarily used for recreational purposes, that has a nonstraddle seating capable of holding two to four passengers and a steering wheel, and that is commonly referred to as a sand buggy, dune buggy, rock crawler, or sand rail. A snowmobile or other vehicle designed to travel exclusively over snow or ice is not a Class II OHV.
Present law specifies certain equipment that an OHV must have in order to be driven on county roads, including: brakes; lights; horn; roll bar; seat belts; working muffler; and spark arrestor. If the OHV does not have a windshield, the operator and all passengers must wear eye protection.
A person who operates a Class I or Class II OHV on county roads must be a licensed driver and comply with the financial responsibility laws that presently apply to motor vehicle operators.
The rules of the road apply to OHV operation on county roads, to the extent such rules are applicable to OHV use.
A violation of present law requirements related to the operation of OHV on county roads is a Class C misdemeanor.
Present law contains a procedure whereby an OHV operator, applying certain safety precautions, may cross over a state highway without violating the prohibition against driving an OHV on highways.
The following OHV are exempt from registration, equipment, and safety requirements:
(1) An OHV operated on any private or public recreational trail or area;
(2) An OHV operated on an affiliated trail or area operated by a person or entity which has in place a safety program;
(3) OHV operated for agricultural purposes;
(4) Publicly owned and operated OHV that are used for wildlife management, law enforcement, emergency services, and other such purposes; and
(5) Off-highway motor vehicles operated on certain roads in Anderson, Campbell, Morgan, Perry, Scott, and Unicoi counties and the municipalities of Granville and Johnson City, or in adventure tourism districts, as authorized by present law.
This bill changes and adds to present law by authorizing the operation of registered Class I and Class II OHV on county roads or state highways where the posted speed limit is 45 miles per hour or less.
This bill adds authorization to operate registered utility task vehicles on county roads and state highways under the same conditions as registered Class I and Class II OHV. This bill defines "utility task vehicle" to mean a motorized vehicle with four nonhighway tires, or tracks, that possesses a four-wheel drive capability, that is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, that has a total dry weight between 1,200 pounds and 2,600 pounds, and that has a nonstraddle seating capable of holding two to four passengers and a steering wheel. The registration fee for a utility class vehicle will be $14.00. This bill does not require registration of utility task vehicles that are not operated on county roads or state highways. A utility task vehicle will be exempt from registration, equipment, and safety requirements to the same extent as OHV when operated in areas described in (1)-(5) above.
This bill adds an alternative means of complying with some of the safety standards for OHV that are operated on county roads. Under this bill, motorcycle-type crash helmets worn by the operator and all passengers may be substituted for a roll bar and/or safety belts.
This bill takes effect upon becoming a law for rulemaking purposes and on January 1, 2024, for all other purposes.
