DAR File No. 40213

Natural Resources, Parks and Recreation

Rule R651-412

Curriculum Standards for OHV Education Programs Offered by Non-Division Entities

Notice of Proposed Rule

(Amendment)

DAR File No.: 40213
Filed: 02/17/2016 01:32:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The OHV Education Specialist position is listed in the rule as being the one who should evaluate the proposed curricula against the standard specified in Section R651-412-2. In 2011, the OHV Education Specialist position was eliminated. This amendment replaces "OHV Education Specialist" with "Division".

Summary of the rule or change:

The Off-Highway Vehicle (OHV) program is to adopt and pursue an OHV safety education program according to Section 41-22-1. Any outside provider that submits OHV education materials is required to meet minimum curriculum requirements as identified in Section R651-412-4. The approval of these outside providers shall rest upon the OHV program. In 2011, the OHV Education Specialist Position was eliminated because outside providers demonstrated an ability to meet OHV education standards, and OHV program staffing levels absorbed the daily operations of the OHV education program. Since this situation occurred, the OHV program coordinator has been approving such outside provider proposed course materials. This amendment replaces "OHV Education Specialist" with "Division".

State statutory or constitutional authorization for this rule:

• Section 41-22-30

Anticipated cost or savings to:

the state budget:

There is no anticipated savings or anticipated costs associated with this change as Division staff are currently performing the duty of approving private provider courses. The change was wording only.

local governments:

There is no anticipated savings or anticipated costs to local governments as this rule does not affect local governments as it is directed towards Division OHV education course approvals.

small businesses:

This rule would not affect small businesses as it streamlines the approval process by the Division. It may reduce the private providers (small businesses) wait time for course approval.

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

There is no anticipated savings or anticipated costs towards other people, customers or visitors as the rule change is a language and wording change only.

Compliance costs for affected persons:

There are no compliance costs for affected persons as this is a wording change only.

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:

04/14/2016

This rule may become effective on:

04/21/2016

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-412. Curriculum Standards for OHV Education Programs Offered by Non-Division Entities.

R651-412-1. Rulemaking Authority.

Section 41-22-31 UCA states that the Board shall develop curriculum standards for a comprehensive OHV education program designed to instill the necessary knowledge, attitudes, skills necessary for safe OHV operation, and that the Division shall cooperate with the appropriate public and private organizations in the implementation of this program.

 

R651-412-2. Course Approval Process.

Outside providers wishing to have OHV education courses approved by the Division as adequate for meeting Utah's OHV education standard shall submit a copy of their proposed curricula to the [OHV Education Specialist ]for evaluation. The [OHV Education Specialist]Division shall evaluate the proposed curricula against the standard specified in this rule and shall issue a letter of approval to providers who present curriculum packages that meet the standard.

 

R651-412-3. Course Completion.

Individuals who complete a training course approved under this rule shall be issued an OHV Education Certificate in accordance with 41-22-31 UCA.

 

R651-412-4. Curriculum Standards.

At a minimum, all courses approved by the Division shall provide the following course content and shall be presented at a level appropriate for the average fourth grade student. The method of course content delivery is not specified.

(a) Description of OHV riding in Utah.

(b) Utah State Parks regulatory responsibilities.

(c) OHV terminology including, but not imited, to: throttle, fuel shut-off valve, brakes, shift leer, engine stop switch, choke, spark arrestor/muffler, headlights, engine, footrest, ignition switch.

(d) Utah State Laws.

(e) Riding positions, turning and stopping.

(f) Hypothermia, wind chill and cold weather survival.

(g) Riding on different types of terrain.

(h) Pre-ride inspections.

(i) Towing a trailer.

(ii) Crossing roads and highways.

(iii) Dangers of drugs and alcohol.

(i) Ethics, responsible riding and trail etiquette.

(j) Tread Lightly

(k) Proper safety equipment.

(l) Snowmobile courses will also include avalanche safety information.

(m) Any hands-on training provided by an authorized provider shall be conducted in accordance with R651-408(1) and all applicable state and federal law.

 

KEY: OHV education standards, parks

Date of Enactment or Last Substantive Amendment: [April 21, 2010]2016

Notice of Continuation: January 22, 2015

Authorizing, and Implemented or Interpreted Law: 41-22-30