DAR File No. 40542

Public Safety, Highway Patrol

Rule R714-163

Street-Legal All-Terrain Vehicles

Notice of Proposed Rule

(New Rule)

DAR File No.: 40542
Filed: 06/23/2016 01:29:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to set minimum equipment standards governing all-terrain vehicle (ATV) safety inspections in accordance with Sections 53-8-204 and 41-6a-1601.

Summary of the rule or change:

This rule provides standards and reference to standards contained in state statute for the safety inspection of street-legal ATVs. This rule used to be part of Rule R714-161. (Editor's Note: The proposed repeal and reenactment of Rule R714-161 is under Filing No. 40543 in this issue, July 15, 2016, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Section 53-8-204
• Section 41-6a-1601

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute.

local governments:

There is no anticipated cost or savings to local government because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute.

small businesses:

There is no anticipated cost or savings to small businesses because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the requirements for safety inspection are outlined in state statute. The rule outlines the procedures for rejection of inspection if a vehicle is not compliant with state statute.

Compliance costs for affected persons:

Vehicles being registered as street-legal all-terrain vehicles (ATVs) will need to pass a safety inspection the first time they are registered. After initial registration, the age of the vehicle determines how often it will need to be inspected again to renew the registration. A safety inspection station can charge no more than $7 for inspecting an all-terrain type 1 or utility type vehicle, and no more than $15 for a full-sized ATV.

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

I have reviewed this rule and found that enacting the rule will not have a fiscal impact on businesses.

Keith D. Squires, Commissioner

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

Public Safety
Highway Patrol
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov
• Greg Willmore at the above address, by phone at 801-965-4889, by FAX at , or by Internet E-mail at gwillmor@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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Steven Winward, Captain

R714. Public Safety, Highway Patrol.

R714-163. Street-Legal All-Terrain Vehicles.

R714-163-1. Authority.

This rule is authorized by Subsections 53-8-204(5) and 41-6a-1601(2).

 

R714-163-2. Purpose.

The purpose of this rule is to set minimum equipment standards governing ATV safety inspections in accordance with Sections 53-8-204 and 41-6a-1601.

 

R714-163-3. Definitions.

Terms used in this rule are found Section 41-6a-102.

 

R714-162-4. Applicability of Rule.

This rule applies to all street-legal ATVs.

 

R714-163-5. Inspection Requirements.

(1) An all-terrain type 1 vehicle, utility type vehicle, or full-sized all-terrain vehicle being operated as a street-legal ATV shall meet the inspection requirements in Section 41-6a 1509(2)(b)(iii).

(a) A full-sized all-terrain vehicle being operated as a street-legal ATV is exempt from the mudflap, fender, and bumper requirements in Section R714-160.

(2) An all-terrain type 1 vehicle or utility type vehicle being operated as a street-legal ATV shall be equipped with the items listed in Section 41-6a-1509(3)(a).

(a) The inspector shall issue a rejection certificate when any of the requirements in Section 41-6a-1509(2)(b) or Section 41-6a-1509(3)(a) are not met.

(3) A full-sized all-terrain vehicle shall be equipped with the items listed in Section 41-6a-1509(3)(b).

(a) The inspector shall issue a rejection certificate when:

(i) any of the requirements in Section 41-6a-1509(2)(b) or Section 41-6a-1509(3)(b)are not met; or

(ii) the vehicle is not designed for or capable of travel over unimproved terrain.

 

KEY: street-legal all-terrain vehicles, safety inspections

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 53-8-204; 41-6a-1601