DAR File No. 41952

Natural Resources, Parks and Recreation

Section R651-412-4

Curriculum Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 41952
Filed: 07/26/2017 08:20:26 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2011, the Division of Parks and Recreation was asked by the Governor�s Office to review our rules to determine if any rules should be modified or removed to improve services to the general public. After that review, it was determined that Rule R651-408 could be removed and the rule was eliminated by the Utah State Parks Board on 08/08/2012. Outside providers have demonstrated an ability to meet OHV education curriculum standards and the OHV program staff has absorbed the daily operations of the OHV education program. The purpose of this amendment is to remove the reference to R651-408(1) as it is no longer needed in the rule.

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 are required to meet minimum curriculum standards as identified in Section R651-412-4. The approval of these outside providers rests upon the OHV program. The purpose of this amendment is to remove the reference to R651-408(1) as it is no longer needed in the rule. This language change would be consistent with current program operations and keep the Division of Parks and Recreation operating within the rule guidance.

Statutory or constitutional authorization for this rule:

• Section 41-22-30

Anticipated cost or savings to:

the state budget:

The rule change will not increase nor save any funding for the state. This rule change just merely removes a rule number that no longer exists. It is basically a language clean up for Section R651-412-4.

local governments:

The rule change will not affect any local government operations, or budget as the rule is a language clean up. This rule change just merely removes a rule number that no longer exists.

small businesses:

The rule change will not affect small businesses as the rule is language clean up. This rule change just merely removes a rule number that no longer exists and is directed towards Division representatives approving submitted off-highway vehicle education course curriculum.

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

This rule will not affect any individuals as Section R651-412-4 cleans up language in which directs private course providers to submit proper off highway vehicle education course materials, for approval by the Division, to follow applicable state and federal laws.

Compliance costs for affected persons:

There are no compliance costs. This amendment is a language clean up and merely removes a previous rule number that no longer exists.

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

There should be no effect on business.

Michael Styler, Executive Director

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

09/14/2017

This rule may become effective on:

09/21/2017

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

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

R651-412-4. 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, 2016]2017

Notice of Continuation: January 22, 2015

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