DAR File No. 38085

Natural Resources, Parks and Recreation

Rule R651-634

Nonresident OHV User Permits and Fees

Notice of Proposed Rule

(Amendment)

DAR File No.: 38085
Filed: 10/31/2013 01:44:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2013 General Legislative Session, the legislature passed H.B. 126, which became effective on 05/14/2013. This bill allows unregistered off-highway vehicles (OHV) at demonstration events, or for publicity photo shoots. Many times these vehicles are prototypes and do not have the necessary credentials to qualify for the issuing of a registration or nonresident permit. This change is designed to alleviate this problem.

Summary of the rule or change:

This bill allows unregistered OHVs at demonstration events, or for publicity photos shoots. Many times these vehicles are prototypes and do not have the necessary credentials to qualify for the issuing of a registration or nonresident permit. This change is designed to alleviate this problem.

State statutory or constitutional authorization for this rule:

• Section 79-4-304
• Section 41-22-35

Anticipated cost or savings to:

the state budget:

There will be no costs or savings from the implementation of this rule to the OHV program budget or state budget. This rule will only affect out-of-state OHV manufacturers.

local governments:

There will be no costs or savings to local governments, from the implementation of this rule. In fact, this rule may generate additional revenue for local governments. This rule will only affect out-of-state OHV manufacturers.

small businesses:

This rule will not cost or save money for small businesses. In fact, the implementation of this rule may create revenue for small businesses. This rule will only affect out-of-state OHV manufacturers.

persons other than small businesses, businesses, or local governmental entities:

No other person/s will be affected by the implementation of this rule. This rule will only affect out-of-state OHV manufacturers.

Compliance costs for affected persons:

There will be minimal costs from OHV manufactures, from outside of Utah. The minimal costs should not exceed more than $3 per occurrence. This minimal cost is associated with paper and/or labor associated with producing a letter.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule should have a positive impact on business.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/16/2013

This rule may become effective on:

12/23/2013

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-634. Nonresident OHV User Permits and Fees.

R651-634-1. User Permits and Fees.

Except as provided below, any nonresident owning an off-highway vehicle, who operates or gives another person permission to operate the off-highway vehicle on any public land, trail, street or highway in this state, shall pay an annual off-highway vehicle user fee.

1. A decal will be issued which proves payment has been made. The decal will then be displayed on the off-highway vehicle as follows: On snowmobiles, the decal shall be mounted on the left side of the hood, pan or tunnel. On motorcycles, the decal shall be mounted on the left fork, or on the left side body plastic. On all-terrain vehicles, the decal shall be mounted on the rear of the vehicle. Vehicle types are defined in 41-22-2 UCA. In all instances, the decal shall be mounted in a visible location. The decal shall be non-transferable.

2. A receipt will be issued with the decal indicating the fee paid, the Vehicle Identification Number (VIN) of the off-highway vehicle, and the off-highway vehicle owner's name and address. This receipt shall remain with the off-highway vehicle at all times.

3. Fees charged will be in accordance with S.B. 14 (1999 Utah Laws 1, effective July 1, 1999), and H.B. 51 (2004 Utah Laws, Chapter 314, effective July 1, 2004) which state that the off-highway vehicle user annual fee will be $30 per year.

4. Nonresident OHV user permits shall continue in effect for a period of 12 months beginning with the first day of the calendar month of purchase, and shall not expire until the last day of the same month in the following year.

Applicants for a nonresident OHV user permit shall provide evidence that the applicant is the owner of the off-highway vehicle, and is not a resident of Utah. Such evidence shall include:

a. A government issued identification card showing the state of residency of the off-highway vehicle owner, and one of the following:

(1) A title or certificate of registration from a state other than Utah.

(2) An original bill of sale; or

b. A sworn affidavit stating that the off-highway vehicle is owned by a nonresident of the State of Utah. The affidavit must state the name and address of the vehicle owner, and a description of the off-highway vehicle, including the Vehicle Identification Number (VIN).

Off-highway vehicles currently registered in a state offering reciprocal operating privileges to Utah residents shall be exempt from the nonresident user fee requirements of this rule. The Division shall maintain a list of states offering reciprocal operating privileges to Utah residents. This list shall be updated at least annually.

Provisions of this rule shall not apply to off-highway vehicles exempt under 41-22-35(1)(b)(i), or to off-highway vehicles participating in scheduled competitive events sponsored by a public or private entity, or in noncompetitive events sponsored in whole or in part by any governmental entity; or to Street Legal All-terrain Vehicles as defined in 41-6a-102(61), and registered for highway use in a state that offers reciprocal highway operating privileges to Utah residents operating Street Legal All-Terrain vehicles.

Provisions of this rule shall not apply to off-highway vehicles owned by an off-highway vehicle manufacturer and being operated exclusively for the purpose of an off-highway vehicle manufacturer sponsored event; provided that the operator of the vehicle has in his or her possession a letter or certificate issued by the manufacturer which contains the following information:

(1) The name, address and contact information of the off-highway vehicle manufacturer; and

(2) A physical description of the vehicle, including the vehicle identification number or another number assigned by the manufacturer for identification purposes; and

(3) A brief description of the manufacturer sponsored event, including the dates thereof; and

(4) The name of the authorized operator(s) and

(5) An authorized signature of a manufacturer's representative.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: [December 22, 2008]December 23, 2013

Notice of Continuation: June 29, 2010

Authorizing, and Implemented or Interpreted Law: 41-22-35; 79-4-304