Natural Resources, Parks and Recreation

Rule R651-408

Off-Highway Vehicle Education Curriculum Standards

Notice of Proposed Rule

(Repeal)

DAR File No.: 36856
Filed: 09/25/2012 03:12:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Parks Off-highway Vehicle (OHV) Program is directed to pursue a safety education program according to the policy declaration (Section 41-22-1). Section 41-22-31 allows the Utah State Parks Board to establish curriculum standards and components of an OHV safety education course. The OHV program previously taught students by utilizing staff and volunteers to educate thousands of Utah youth through a classroom and skills module course. About three years ago, after researching education learning trends, the OHV program decided to adopt two private online OHV safety certification courses. This follows Subsection 41-22-31(2) in that "the Division shall cooperate with private corporations to implement" a safety certification.

Summary of the rule or change:

Last year the Division of Utah State Parks was asked by the Governor's Office to review our rules and determine if any rules should be modified or removed to improve services to the general public. After the review, it was determined that Rule R651-408 should be removed. The OHV program no longer provides a classroom or skills module course so there is no need to have a rule that outlines Student Requirements. In addition, since the OHV program does not teach with the aid of paid staff or volunteers, the Safety Instructor Requirements are not necessary. Also, any OHV duplicate education certificates are identified in the Division fee schedule now. The use of volunteers to teach OHV program education courses has been eliminated because there is no need to reimburse OHV safety instructors. This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 41-22-32
• Section 41-22-31
• Section 41-22-33

Anticipated cost or savings to:

the state budget:

No costs are associated with this rule. The anticipated savings to the state budget would be in the thousands, simply because the volunteer OHV instructor reimbursement is no longer being used. The Division of Utah State Parks and Recreation has not used the volunteer OHV instructor reimbursement for more than two years because the OHV education courses are being offered by private course providers.

local governments:

There is no anticipated costs or savings to local government because the rule is being repealed and will no longer exist.

small businesses:

There is no anticipated costs or savings to small business because the rule is being repealed and will no longer exist.

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

Persons other than small businesses, businesses or local government entities will experience no costs or savings because the rule is being repealed and will no longer exist.

Compliance costs for affected persons:

There are no fees associated with this rule as the OHV education replacement cards costs are listed in the Division of Utah State Parks and Recreation fee schedule.

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

There should be no 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 tammywright@utah.gov

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:

11/14/2012

This rule may become effective on:

11/21/2012

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

[R651-408. Off-Highway Vehicle Education Curriculum Standards.

R651-408-1. Student Requirements.

1. A student under 18 years old attending any off-highway vehicle education course shall be required to have a parent or adult responsible for that student attend at least the first hour of any classroom session, and all of any applicable skills module.

2. All students shall submit to the course instructor a Parental Consent and Waiver form signed by their parent or legal guardian during any off-highway vehicle education class.

3. All students participating in the skills module shall wear the following safety equipment: a properly fitted and fastened, safety-rated helmet, designed for motorized use, safety proven eye protection, gloves, and long pants and sturdy shoes or boots that cover the foot and ankle.

4. A student must receive a grade of 70 percent or better on the written test before participating in a corresponding skills module. A score of 70 percent is also necessary on the skills module in order to be certified.

5. A student may challenge the written test or any of the skills modules by passing the appropriate test.

6. A student failing any test or skills module may be retested no sooner than seven days after the initial test. If the student fails the retest of a skills module, then he must retake the entire module.

7. A student participating in the skills module must be able to straddle the machine, with a slight bend to his knees, while his feet are on the foot rests.

 

R651-408-2. Safety Instructor Requirements.

1. An off-highway vehicle safety instructor shall teach a minimum of two off-highway vehicle courses or skills modules per year to maintain instructor certification.

 

R651-408-3. Off-Highway Vehicle Education Fees.

1. The fee for the off-highway vehicle education course is $10.

2. The fee to challenge the off-highway vehicle education course by taking the knowledge and skills test is $5.

3. A duplicate off-highway vehicle education certificate is $2.

 

R651-408-4. Volunteer Certified Safety Instructor Reimbursement.

Volunteer certified OHV safety instructors will be reimbursed $5 for each student they train and test in the Division?s OHV Education Program.

 

KEY: off-highway vehicles

Date of Enactment or Last Substantive Amendment: April 1, 2003

Notice of Continuation: July 7, 2008

Authorizing, and Implemented or Interpreted Law: 41-22-31; 41-22-32; 41-22-33]