HB 82 (Street legal ATV's Side by sides in etc etc)

[TRD270]

I know a lot of people have these, and wanted to share to keep RME'rs out of trouble. The intent of this bill was to make it legal to ride statewide, ATV groups believe this is what happened. Some incidents at work have created some issues. The bill was supposed to make it legal, what was passed and written into law did not change much. The representative that sponsored the bill is telling the activist groups they are good to go, however the law still reads it is not legal to ride in Salt Lake County.

Effective 5/9/2017
Superseded 1/1/2018
41-6a-1509 Street-legal all-terrain vehicle -- Operation on highways -- Registration and
licensing requirements -- Equipment requirements.
(1)
(a) An all-terrain type I vehicle, utility type vehicle, or full-sized all-terrain vehicle that meets the
requirements of this section may be operated as a street-legal ATV on a street or highway
unless:
(i) the highway is an interstate freeway as defined in Section 41-6a-102; or
(ii)
(A) the highway is in a county of the first class;
(B) the highway is near a grade separated portion of the highway;
(C) the highway has a posted speed limit of 50 miles per hour or greater; and
(D) the highway authority with jurisdiction over the highway has designated a portion of a
highway as closed to street-legal ATVs.


This is what is on the books, so rider beware.

Attached is a copy of the Bill



View attachment HB-82.doc

https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S1509.html

 

[Unimog]

Interesting. If Utah county grows by 125k, they will be first class too.

 

[Herzog]

https://le.utah.gov/~2017/bills/static/HB0082.html



The county and municipality of a first class county was removed. 'Highway' was added.

How do you guys define "Highway"? Is any basic street a Highway?

 

[TRD270]

https://le.utah.gov/~2017/bills/static/HB0082.html

The county and municipality of a first class county was removed. 'Highway' was added.

How do you guys define "Highway"? Is any basic street a Highway?

(26) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S102.html

The most understandable verbiage in the world..... but basically any road open to vehicular travel

 

[Herzog]

(26) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S102.html

The most understandable verbiage in the world..... but basically any road open to vehicular travel

Right. But my point being is that I think the general public interpreted it differently.

Which, I have issue with. I don't think a dirt road is a highway. Dirt roads are made for vehicular travel. *stir stir

So by definition, even a dirt road between some propery in SLC it is illegal to operate an ATV. hahaha


Edit: I also want to thank you for bringing this to everybody's attention. I actually did hear from sources that the new update allowed for ATV registered to operate in SLC. I even read through the bill and though "wow that's interesting". I interpreted it differently than you stated. Bummer

 

[TRD270]

Right. But my point being is that I think the general public interpreted it differently.

Which, I have issue with. I don't think a dirt road is a highway. Dirt roads are made for vehicular travel. *stir stir

So by definition, even a dirt road between some propery in SLC it is illegal to operate an ATV. hahaha


Edit: I also want to thank you for bringing this to everybody's attention. I actually did hear from sources that the new update allowed for ATV registered to operate in SLC. I even read through the bill and though "wow that's interesting". I interpreted it differently than you stated. Bummer

100% agree, the whole thing was done in a piss poor manner. The bill should have been rewritten entirely instead of hacked and sliced, its worded poorly and is hard to interpret.

We actually listened to the audio tapes of the legislation being discussed. It was supposed to be passed so that you were legal, it was supposed to be written so you were legal, you should BE LEGAL. But because of stupid bureaucracy and parties not allowing it to just be rewritten.... its not legal according to the written law.... even though its supposed to be

 

[clfrnacwby]

So is the information in this video incorrect, then? According to them, only roads street legal atv/utv's cannot ride on are those with a speed limit of 50mph+.

https://www.facebook.com/AYLTV/videos/10154621397943178/

 

[TRD270]

So is the information in this video incorrect, then? According to them, only roads street legal atv/utv's cannot ride on are those with a speed limit of 50mph+.

https://www.facebook.com/AYLTV/videos/10154621397943178/

It's supposed to be correct, they are being told its correct. But what the actual written law says, yes it's incorrect

 

[Herzog]

100% agree, the whole thing was done in a piss poor manner. The bill should have been rewritten entirely instead of hacked and sliced, its worded poorly and is hard to interpret.

We actually listened to the audio tapes of the legislation being discussed. It was supposed to be passed so that you were legal, it was supposed to be written so you were legal, you should BE LEGAL. But because of stupid bureaucracy and parties not allowing it to just be rewritten.... its not legal according to the written law.... even though its supposed to be

I'm not surprised!

Thanks for the heads up. Hopefully this can get bubbled up and noticed. You are right about how it's written!

 

[glockman]

This begs the question of how police agencies are enforcing this. If it is clear that the bill was written in contradiction to what was talked about in the legislative session when it was voted on and passed, I would think it would take a pretty unpleasant person to cite someone for this. At any rate, thanks for the heads up.

 

[BlueWolfFab]

They need to be blunt with the law statutes, instead of saying "unless the highway is in a county of the first class", just say "no highway in Salt Lake County" and then when Utah or other counties become a first class county add them to the list of unapproved counties.

 

[Herzog]

They need to be blunt with the law statutes, instead of saying "unless the highway is in a county of the first class", just say "no highway in Salt Lake County" and then when Utah or other counties become a first class county add them to the list of unapproved counties.

That's the point though. "Highway" is translated as ANY vehicular route between property. So dumb.

 

[BlueWolfFab]

That's the point though. "Highway" is translated as ANY vehicular route between property. So dumb.

I was more talking about that they should state the specific affected counties by name, as most of the general public isn't going to know which counties are considered "first class" and so therefore they will likely be completely oblivious to the line item stipulation.

 

[glockman]

The problem with calling out counties by name is that as they grow every law would have to be amended. I assume the purpose of setting up classifications is that it only has to be done once and as counties/cities grow they fall where they may.

That said,
It would serve us all if laws were written in more common language. I don't see this happening since it takes the power away from the government and the lawyers who want laws to be open to interpretation so they can be bent when the need arises to quite an outspoken citizen.

 

[TRD270]

So I just wanted to update we were finally educated on the poorly written bill. You are legal in Salt Lake County.


The restriction to street-legal ATVs described in Subsection (1)(a)(ii) is effective when appropriate signs giving notice are erected on the highway or portion of the highway.