ATV / UTV Program Updates

We wanted to offer up the following information to you all in case you do not have it about the changes coming to the ATV/UTV programs.

Youth Safety Bill a.k.a the Grandparents Bill

It is very similar to a bill we brought forward last session but we ran out of floor time in the legislature to get full passage. This time around the Senate version of this Assembly bill has already passed the full Senate (SB 235). We are now awaiting final action in the Assembly committee, anticipating it will be passed and sent to the full Assembly floor for a final vote. The Senate version passed unanimously on what is called a voice vote.

The full bill is in the link below.

http://docs.legis.wisconsin.gov/2011/related/proposals/ab327

The summary taken from AB327 about the bill is as follows:

Under current law, no person under the age of 12 may operate an all-terrain vehicle (ATV) unless he or she is operating the ATV for an agricultural purpose and he or she is under the supervision of a person over 18 years of age (agricultural purpose exception), or unless he or she is operating a small ATV on an ATV trail designated by the Department of Natural Resources (DNR) and he or she is accompanied by his or her parent. Current law defines "accompanied" to mean subject to continuous verbal direction or control. Under current law, supervision is a lesser standard because it does not require a person to be subject to continuous direction and control. Under an exception to the age restrictions in current law, a person who is under the age of 12 may operate any ATV if the person operates the ATV exclusively on land under the management and control of the person's immediate family (family property exception).

This bill allows a person under the age of 12 to operate an ATV any place that any other person may operate an ATV provided that the person under the age of 12 is operating a small ATV and he or she is accompanied, and not just supervised, by his or her parent or guardian or a person who is at least 18 years old who is designated by the parent or guardian (accompanied by a parent or designee).

This bill maintains the agricultural purpose exception in current law so that a person under the age of 12 may still operate an ATV of any size for an agricultural purpose if he or she is under the supervision of a person over 18 years of age. The bill also maintains the family property exception so that a person under the age of 12 need not operate a small ATV or be accompanied by a parent, guardian, or other person in order to operate an ATV on land under the management and control of his or her immediate family.

Current law imposes certain restrictions on the operation of an ATV on a roadway. One of those restrictions prohibits a person under the age of 12 from operating an ATV on a roadway unless the agricultural purpose exception applies and the ATV is not an implement of husbandry. This bill prohibits a person who is under the age of 12 from operating an ATV on a roadway, regardless of the purpose.

The bill prohibits a person who is under 16 years of age from operating an ATV on a roadway for nonagricultural purposes unless the person is at least 12 years of age and is accompanied by a parent or designee.

Under current law, no person who is at least 12 years of age and who was born on or after January 1, 1988 may operate an ATV unless he or she holds a valid safety certificate issued by DNR that indicates that the person successfully completed a program of instruction on ATV laws and safety. A person who operates an ATV exclusively on land under the management and control of the person's immediate family is exempt from this requirement. This bill creates an additional exemption. The bill provides that a person is exempt from the safety certificate requirement if the person operates an ATV at a sponsored ATV demonstration event, the sponsor of the event requires the person to wear protective headgear, and the person operates the ATV in a closed-course area at a speed not exceeding 15 miles per hour. If the person is under 18 years of age, the person must be accompanied by a parent or designee.

Our second bills have now been introduced awaiting public hearings in both houses of the legislature

UTV Permanent Registration + Other Changes Bill

These two identical bills are the ones that will / would make the UTV registration program permanent. Regardless, the UTV pilot test ends on 6/30/12 no matter what. The Senate and Assembly leadership have met with our main two main bill sponsors, they have acknowledged the need to get this legislation to the floor in an expeditious time frame. To handle the transition from a “pilot test program” to a full blown permanent registration program was more complex than we first imagined. We have an immense number of hours invested in this legislation, therefore it made sense to make other changes and adjustments to the ATV program as we had to virtually open up the entire ATV laws (23.33) to accomplish our main objectives with the UTV bill.

We realize it’s always a bit dangerous highlighting legislation that has not yet been passed into law. As we’ve learned the hard way over the years, anything can happen on the floor but there are so many changes involved in both the ATV and UTV programs, our team has started a series of information “Go To Meeting” workshops with our dealerships and their staffs. We have been getting calls from them, the consumers are asking their dealership teams a lot of questions. We felt it would be beneficial to try and get a head start by sharing the “right information.”

These are the actual bills:

http://docs.legis.wisconsin.gov/2011/proposals/SB354 & http://docs.legis.wisconsin.gov/2011/proposals/AB453

The summary to the bill is as follows (taken from SB354):

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 buggy, mini-truck, or tracked vehicle. The bill also provides that a vehicle that satisfies all requirements to meet the definition of an ATV qualifies instead as a UTV if the vehicle exceeds the weight limit under the ATV definition.

As under the UTV pilot program, the bill generally prohibits a person under the age of 16 from operating a UTV. The bill authorizes a person who is under 16 years of age to operate a UTV if the person operates the UTV for an agricultural purpose and the person is under the supervision of a person who is over 18 years of age. As under current law, as it applies to ATV operation, these age restrictions do not apply to a person who operates a UTV exclusively on land under the management and control of the person's immediate family.

Under current law, the ATV program administered by DNR is primarily funded by fees generated from ATV registrations and the sale of trail passes. Under this bill, the UTV program is also primarily funded by UTV registrations and the sale of trail passes, but the bill authorizes DNR to expend these funds primarily for projects to improve or maintain those ATV trails that may be used by operators of UTVs.

The ATV program under current law is also funded by an annual transfer from the transportation fund to the conservation fund of an amount equal to the estimated ATV gas tax payment. The amount of the estimated ATV gas tax payment is calculated for each fiscal year by multiplying the number of registered ATVs (except those registered only for private use) by 25 gallons and then multiplying this product by the excise tax imposed on gasoline and diesel fuel on the last day of February of the previous fiscal year. This bill requires a similar annual transfer from the transportation fund to the conservation fund. The amount of the transfer under the bill is equal to the estimated UTV gas tax payment. This amount is calculated in the same manner as the ATV gas tax payment is calculated except that it does not include, in that calculation, commercial UTV registrations.

Miscellaneous provisions

This bill makes various other changes to the laws relating to ATVs. The changes include the following:

Current law does not require ATVs that are registered for public use to display a registration plate. This bill requires a person who owns an ATV or UTV that is registered for public use to furnish a plate on which the registration number is displayed. The bill also requires the person to affix a registration decal, furnished by DNR, to each side of the ATV or UTV.
The bill requires a person who registers an ATV or UTV for private use to affix a registration decal, furnished by DNR, to each side of the ATV or UTV. Current law does not require ATVs registered for private use to display registration decals.
Under current law, a manufacturer, dealer, distributor, or renter (commercial dealer) of ATVs must register with DNR and obtain a commercial ATV certificate. Upon registration, DNR issues three reflectorized plates to the commercial dealer and the dealer may allow the ATV to be operated only if a reflectorized plate is attached to the ATV. Under this bill, a commercial dealer of ATVs, UTVs, or both, must register with DNR and obtain a commercial ATV and UTV certificate. The bill requires a commercial dealer of ATVs or UTVs to display a plate or sign on the ATV or UTV but does not require DNR to supply reflectorized plates. Under the bill, DNR must issue registration decals upon registering a commercial dealer of ATVs or UTVs, and the commercial dealer may not allow the ATV or UTV to be operated without a decal affixed to the plate or sign furnished by the commercial dealer.
Under current law, with certain exceptions, a person who operates an ATV on a public ATV trail must obtain a nonresident trail pass from DNR and display the pass on the ATV. A person who registers an ATV is exempt from this requirement. This bill requires that a nonresident trail pass issued to an operator of an ATV or UTV must be permanently affixed in a highly visible location on the forward half of the ATV or UTV.
A nonresident trail pass issued under current law expires on June 30 of each year. This bill changes the expiration date for these annual passes to March 31 and authorizes DNR to issue five-day nonresident trail passes.
A public-use registration certificate for an ATV under current law is valid for a two-year period. This bill specifies that a public-use registration certificate is valid for both an ATV and a UTV beginning on April 1 or the date of issuance or renewal and ending March 31 of the second year following the date of issuance or renewal.
This bill provides that registration and nonresident trail pass requirements do not apply to a person operating an ATV or UTV during the first full weekend in June of each year.

WATVA Blogs

ATV / UTV Program Updates

Youth Safety Bill a.k.a the Grandparents Bill

UTV Permanent Registration + Other Changes Bill

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