Senate Engrossed   off-highway vehicles; education requirement

State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024

SENATE BILL 1567

 

 

An Act

 

amending sections 4-251, 28-1171, 28-1174, 28-1179 and 28-3151, Arizona Revised Statutes; relating to vehicles.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 4-251, Arizona Revised Statutes, is amended to read:

START_STATUTE4-251. Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions; definitions

A. It is unlawful for any person to:

1. Consume spirituous liquor while operating or while within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.

2. Possess an open container of spirituous liquor within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.

B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor.

C. This section does not apply to:

1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551.

2. A passenger in the living quarters of a motor home as defined in section 28-4301.

D. For the purposes of this section:

1. “Motor vehicle”:

(a) Means any vehicle that is driven or drawn by mechanical power and that is designed primarily for use on public highways a self-propelled vehicle.  Motor vehicle

(b) Does not include a vehicle operated exclusively on rails or water.

2. “Open container” means any bottle, can, jar, container dispensed pursuant to section 4-244, paragraph 32, subdivision (c) or other receptacle that contains spirituous liquor and that has been opened, has had its seal broken or the contents of which have been partially removed.

3. “Passenger compartment” means the area of a motor vehicle designed for the seating of the driver and other passengers of the vehicle.  Passenger compartment includes an unlocked glove compartment and any unlocked portable devices within the immediate reach of the driver or any passengers. Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

4. “Public highway or right-of-way of a public highway” means the entire width between and immediately adjacent to the boundary lines of every way maintained by the federal government, this state or a county, city or town if any part of the way is generally open to the use of the public for purposes of vehicular travel. END_STATUTE

Sec. 2. Section 28-1171, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1171. Definitions

In this article, unless the context otherwise requires:

1. “Access road” means a multiple use corridor that meets all of the following criteria:

(a) Is maintained for travel by two-wheel vehicles.

(b) Allows entry to staging areas, recreational facilities, trail heads and parking.

(c) Is determined to be an access road by the appropriate land managing authority.

2. “Closed course” means a maintained facility that uses department approved dust abatement and fire abatement measures.

3. “Highway” means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel. Highway does not include routes designated for off-highway vehicle use.

4. “Mitigation” means the rectification or reduction of existing damage to natural resources, including flora, fauna and land or cultural resources, including prehistoric or historic archaeological sites, if the damage is caused by off-highway vehicles.

5. “Off-highway recreation facility” includes off-highway vehicle use areas and trails designated for use by off-highway vehicles.

6. “Off-highway vehicle”:

(a) Means a motorized vehicle that is operated primarily off of highways and that is designed, modified or purpose-built primarily for recreational nonhighway all-terrain travel.

(b) Includes a tracked or wheeled vehicle, utility vehicle recreational or utility side-by-side vehicle, all-terrain vehicle, motorcycle, four-wheel drive vehicle dirt bike, dune buggy, sand rail, amphibious vehicle, ground effects or air cushion vehicle and any other means of land transportation deriving motive power from a source other than muscle or wind.  for the purposes of this subdivision, “dirt bike” means a lightweight motorcycle that is designed for use on rough TERRAIN, including unsurfaced roads or tracks.

(c) Does not include a vehicle that is either:

(i) Designed primarily for travel on, over or in the water.

(ii) Used in installation, inspection, maintenance, repair or related activities involving facilities for the provision of utility or railroad service or used in the exploration or mining of minerals or aggregates as defined in title 27.

7. “Off-highway vehicle special event” means an event that is endorsed, authorized, permitted or sponsored by a federal, state, county or municipal agency and in which the event participants operate off-highway vehicles on specific routes or areas designated by a local authority pursuant to section 28-627.

8. “Off-highway vehicle trail” means a multiple use corridor that is both of the following:

(a) Open to recreational travel by an off-highway vehicle.

(b) Designated or managed by or for the managing authority of the property that the trail traverses for off-highway vehicle use.

9. “Off-highway vehicle use area” means the entire area of a parcel of land, except for approved buffer areas, that is managed or designated for off-highway vehicle use. END_STATUTE

Sec. 3. Section 28-1174, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1174. Operation restrictions; violation; classification; citation

A. A person shall not drive may not operate or allow a minor who is under twelve years of age to operate an off-highway vehicle:

1. With reckless disregard for the safety of persons or property.

2. Off of an existing road, trail or route in a manner that causes damage to wildlife habitat, riparian areas, cultural or natural resources or property or improvements.

3. On roads, trails, routes or areas closed as indicated in rules or regulations of a federal agency, this state, a county or a municipality or by proper posting if the land is private land.

4. Over unimproved roads, trails, routes or areas unless driving on roads, trails, routes or areas where such driving is allowed by rule or regulation.

B. A person shall drive operate or allow a minor who is under twelve years of age to operate an off-highway vehicle only on roads, trails, routes or areas that are opened as indicated in rules or regulations of a federal agency, this state,  or a county or a municipality.

C. A person shall not operate or allow a minor who is under twelve years of age to operate an off-highway vehicle in a manner that damages the environment, including excessive pollution of air, water or land, abuse of the watershed or cultural or natural resources or impairment of plant or animal life, where it is prohibited by rule, regulation, ordinance or code.

D. A person shall not place or remove a regulatory sign governing off-highway vehicle use on any public or state land.  This subsection does not apply to an agent of an appropriate federal, state, county, town or city agency operating within that agency’s authority.

E. except as provided in subsection i of this section, a person who violates subsection A, paragraph 1 is guilty of a class 2 misdemeanor.

F. except as provided in subsection i of this section, a person who violates any other provision of this section is guilty of a class 3 misdemeanor.

G. In addition to or in lieu of a fine pursuant to this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both.

H. Subsections A and B of this section do not prohibit a private landowner or lessee from performing normal agricultural or ranching practices while operating an all-terrain vehicle or an off-highway vehicle on the private or leased land.

I. If a minor who is under twelve years of age violates this section, a citation shall be issued to the parent or legal guardian of the minor and not to the minor.  If a minor who is at least twelve years of age and under sixteen years of age violates this section, a citation may be issued to the minor or to the parent or legal guardian of the minor, but not to both. END_STATUTE

Sec. 4. Section 28-1179, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1179. Off-highway vehicle equipment requirements; rule making; exception

A. An off-highway vehicle in operation in this state shall be equipped with all of the following:

1. Brakes adequate to control the movement of the vehicle and to stop and hold the vehicle under normal operating conditions.

2. Lighted headlights and taillights that meet or exceed original equipment manufacturer guidelines if operated between one-half hour after sunset and one-half hour before sunrise.

3. Except when operating on a closed course, either a muffler or other noise dissipative device that prevents sound above ninety-six decibels.  The director shall adopt the current sound measurement standard of the society of automotive engineers for all-terrain vehicles and motorcycles and the current sound measurement standard of the international organization for standardization for all other off-highway vehicles.

4. A spark arrestor device that is approved by the United States department of agriculture and that is in constant operation except if operating on a closed course.

5. A safety flag that is at least six by twelve inches and that is attached to the off-highway vehicle at least eight feet above the surface of level ground, if operated on sand dunes or in areas designated by the managing agency.

B. A person who is under eighteen years of age may not operate an off-highway vehicle or ride on be an off-highway vehicle passenger on public or state land unless the person is wearing a protective headgear helmet that is properly fitted and fastened, that is designed for motorized vehicle use and that has a minimum United States department of transportation safety rating. 

C. A person may not allow a person who is under eighteen years of age to operate an off-highway vehicle or be an off-highway vehicle passenger in violation of subsection B of this section.

D. Subsections b and c of this section do not apply to a child who is an off-highway vehicle passenger if both of the following occur:

1. The child is properly secured in a child restraint system pursuant to section 28-907.

2. The off-highway vehicle is equipped with a rollover protection system.

C. E. In consultation with the department of transportation, the Arizona game and fish commission may:

1. Adopt rules necessary to implement this section.

2. Prescribe additional equipment requirements not in conflict with federal laws.

D. F. This section does not apply to a private landowner or lessee performing normal agricultural or ranching practices while operating an all-terrain vehicle or an off-highway vehicle on the private or leased land in accordance with the landowner’s or lessee’s lease. END_STATUTE

Sec. 5. Section 28-3151, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3151. Driver license requirement; definition

A. Unless exempt pursuant to this chapter, a person shall not drive a motor vehicle or vehicle combination on a highway without a valid driver license and proper endorsement as prescribed by this chapter.

B. A person who is licensed under this chapter is entitled to exercise the privilege granted by this chapter on highways and is not required to obtain another license to exercise the privilege by a county, municipal or local board or a body with authority to adopt local police regulations.

C. A person may not drive an off-highway vehicle in this state without a valid driver license as prescribed by this chapter. if a minor who is under twelve years of age violates this subsection, a citation shall be issued to the parent or legal guardian of the minor and not to the minor. if a minor who is at least twelve years of age and under SIXTEEN years of age violates this subsection, a citation may be issued to the minor or to the parent or legal guardian of the minor, but not to both.

D. For the purposes of this section, “highway”:

1. Means the entire width between the boundary lines of every way publicly maintained by the federal government, the department or a city, town or county if any part of the way is open to the public for the purposes of vehicular travel other than exclusive off-highway vehicle use.

2. Does not include routes designated for off-highway vehicle use. END_STATUTE

Sec. 6. Off-highway vehicle user indicia; education requirement; report; delayed repeal

A. The Arizona game and fish department shall certify an off-highway vehicle safety education course that includes verification of completion.

B. The Arizona game and fish department shall ensure that a person may complete the off-highway vehicle safety education course online.

C. From and after December 31, 2024, a person must complete the off-highway vehicle safety education course and provide to the department of transportation proof of the completion before the department of transportation may issue a resident or nonresident off-highway vehicle user indicia to the person pursuant to section 28-1177, Arizona Revised Statutes, or provide proof of completion to the Arizona game and fish department if the person purchases a nonresident off-highway user indicia from the Arizona game and fish department pursuant to section 28-1177, Arizona Revised Statutes. The department of transportation shall share with the Arizona game and fish department all off-highway vehicle data relating to persons who have provided proof of completion of the education course prescribed by this subsection and all user indicias issued by the department of transportation pursuant to this subsection.

D. On or before December 1, 2026, the Arizona game and fish department shall submit a report regarding the results of implementing the education requirement prescribed in subsection A of this section, including the revenues and costs associated with the implementation and any recommendations for administrative or legislative action, to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

E. This section is repealed from and after May 31, 2027.