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:
  1. 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.
  2. 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

 

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.

 

Nov 14 2011
ATV Safety Bill SB 235
Goal: The overall objective of this legislation is to 1) maintain strict safety standards for the operation of ATVs and 2) create a framework for the activity to expand and make it easy to introduce new and young people to ATV riding.
The bill: There are three components of this bill:
1. Under current law, there are only three ways for a person under the age of 12 to operate an ATV:

The bill maintains A and C in their current form, but modifies B to allow children under 12 to operate an ATV anywhere anyone else can provided it is a small ATV and they are accompanied by a parent, guardian, or parent-designated adult.
REASON: This portion is modeled after the Youth Hunting Bill. It encourages youth to get involved in ATV riding under the guidance of family members. But current law doesn't recognize grandparents, aunts, uncles, etc. as legitimate supervisors of children on ATVs. This bill corrects that.
2. Current law allows children under 12 to operate ATVs on roadways if they are using it for an agricultural purpose. This bill prevents children under 12 from operating an ATV on a roadway for any purpose. Also, it prohibits 12-16 year olds from operating an ATV on a roadway for a non-agricultural purpose unless accompanied by a parent or designee.
REASON: ATV operation on roadways is becoming increasingly dangerous.
3. Under current law, anyone born after January 1, 1988 must complete a DNR ATV safety class and get a safety certificate prior to operating an ATV on public land. This bill provides an exemption to this requirement for individuals attending an ATV demonstration event who ride the ATV under controlled circumstances.
REASON: As time goes on, more and more people are falling under the January 1, 1988 requirement. AN demonstration events are a time to get people excited about ATVs and recruit new participants. The point of demonstration events is to encourage new people. Why would anyone take a safety course and pay for a certificate if they haven't even tried out an AN yet?


Parallels the language in the Youth Hunting Mentorship program by creating parent or parent approved adult oversight (grandparents, uncle/aunt, etc.) for youth under age 12 on certain private property. This bill allows the grandparents to legally accompany an under age 12 youth on a small AN (90cc or less) under their ACCOMPANIEMENT on private property other than the parent's. This bill strengthens the oversight requirement by requiring the parent approved adult to accompany the youth at all times when the AN riding is not on the parent's own property.

Nov 14 2011
Legislative Updates UTV
By far the most complex and complicated bill we have ever attempted to move forward within our state legislature is the permanent UTV bill.  State senator Joe Leibham and his staff have been outstanding, helping Shepard us through the over whelming process sand arranging a number of different meeting needed to pull this bill together. Their office will be the main senate sponsor, while on the state assembly side, Representative Erik Severson will be the main sponsor.  We have work a number of details out with our friends over at the Wisconsin County Forests Association (WCFA), working along side the different bureaus at the Wisconsin DNR including law enforcement, the grants team and the licensing and customer service folks.
Be watching the WATVA web site or their E-newsletter. Once the bill gets introduces we’ll be asking for your support in a number of different ways. 
Whereas a permanent UTV registration program would be inclusive of and parallel with the ATV safety course mandatory requirements that include knowledge of state laws and outdoor ethics education as well as a means to collect and distribute a separate trail maintenance self-funding provision, the permanent registration program would enhance the ATV trail economic impacts by sharing trail opportunities where existing trail treads are deemed appropriate by land managers and responsible ATV trail advocates alike.

It is therefore RESOLVED that the Governor’s State Trails Council appeals to the Wisconsin legislature to support passage of a permanent UTV registration program.

Passed the twenty-eighth day of October 2011
by the Governor’s Wisconsin State Trails Council.

 

Jan 2011
This winter, ATV enthusiasts will have one more reason to break out their machines on snowy days.

According to the Fall 2010 edition of Wisconsin ATV Association Trail Tales, the recently passed ATV Snowplow Bill legalizes the use of ATVs for plowing roadways and driveways in Wisconsin.

Wisconsin ATV Snow Removal Laws


On June 1, 2010 the Wisconsin Legislature published laws that allow ATVs to be used on roadways for the purposes of snow removal if they have a snow removal device attached.
Definition:
A “snow removal device” means an attachment designed and installed for the purpose of removing snow, such as a plow blade, blower, bucket, or brush.

General Overview:

A person may operate an ATV with a snow removal device attached, for snow removal purposes and under the following situations:

Other Provisions:
A city, village, or town may enact an ordinance authorizing the operation of ATVs with snow removal devices (that are operating for snow removal purposes) on roads where the speed limit is greater than 45 mph, if the road is located within the territorial boundaries of that city, village, or town; regardless of who has jurisdiction over the particular roadway.
ATVs operating within 150 feet of a dwelling devoted to human occupancy are required to slow their ATVs to 10 mph under current law.
ATVs are required to have their headlights on at all times while operating on any road. ATV headlights must be able to illuminate an object at least 200 feet away. Taillights must be visible from at least 500 feet away during the hours of darkness. Operators must be certain that their snow removal equipment does not interfere with these legal lighting requirements.
ATVs must have current Public Use Registration while operating on public roadways, public road right of ways or on public sidewalks.
Children under age 18 are required to wear helmets while operating ATVs off of private property that is owned by their parents or legal guardians.
Frequently Asked Questions (FAQ)
Does this mean I can operate my ATV with a plow to the gas station or the grocery store?
NO. Operation is only allowed on roadways totravel to a site where you will be removing snow. It would be O.K. if you are under contract to remove the snow at the gas station or grocery store, and that is why you are operating your ATV there.
What if the site where I am planning to remove snow is farther than the 2 mile limit?
Unfortunately, you may not exceed the 2 mile travel limit. You would have to trailer or transport your ATV to the site or within 2 miles of the site.
I will be traveling from my house to a snow removal site that is 1.5 miles away. I then want to travel another 1.5 miles to another snow removal site. They are both within 2 miles of each other. Am I legal?
NO. The 2 mile distance restriction is from your original starting or unloading point. Since you would be traveling a total of 3 miles, you would not be legal.
I am plowing multiple sites that are all within 2 miles of my house, but I end up traveling a total of 8 miles throughout the day. Am I legal?
YES. This would be legal since all the sites are within 2 miles of your house, you are O.K.
If it is snowing hard and the snow is too deep to operate at the far right hand side of the road? Can I operate in the middle of the road where the cars have broken a trail?
NO. ATVs are only allowed to operate on the far right hand side of the road. You should wait until the snow is removed from the road before proceeding.
Can I just cruise around on the roads within 2 miles of my house, looking for snow plow jobs?
NO. You are only allowed to operate on the road if you are traveling to a specific site where you have already planned to remove snow.
I typically just plow my driveway and my neighbor’s driveway 100 feet away, do I still need to have a yellow light and follow all the other ATV – snow removal rules?
YES. Previously, it was illegal to operate on any roads for snow removal except for roads legally opened as ATV Routes. All requirements must be followed; many of them are for the safety of everyone.
I am from out of state, but have property in Wisconsin. Can I operate on the roads to remove snow if I am displaying an out of state ATV Trail Pass?
NO. Trail Passes do not cover this type of ATV operation. You will need to register your ATV for Wisconsin Public Use.
I live in one community but use my ATV to plow snow in another community. Can I trailer my ATV to another community and then operate on roads to get to my snow plow jobs if they are within 2 miles of my unloading point?
YES. You may travel on roadways for up to 2 miles from your unloading or starting point, for the purposes of snow removal.
I just plow my driveway and sidewalk but do not operate on the road, do I need Public ATV Registration or is just Private ATV Registration O.K.?
YES. Private registration is legal for snow removal if you are only operating on your own private property.