DAR File No. 44182

Natural Resources, Parks and Recreation

Rule R651-634

Nonresident OHV User Permits and Fees

Notice of Proposed Rule

(Amendment)

DAR File No.: 44182
Filed: 11/01/2019 04:13:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 105 was passed in the 2019 General Session House which removed reciprocity with the other 49 states, so any Off Highway Vehicle (OHV) being operated on open designated OHV trails in Utah, would need to display the Utah non-resident permit. The Division of Parks and Recreation (Division) will no longer need to create a list of reciprocity states. The Division is required to remove this provision based upon the passage of H.B. 105.

Summary of the rule or change:

The OHV Program maintains a list of states in which non-residents would need to purchase a Utah non-resident OHV permit. This list is updated annually and disseminated to permit vendors, websites, and potential visitors. Due to the passing of H.B. 105 (2019), OHVs being operated on open designated OHV trails in Utah, would need to display the Utah non-resident permit. The Division will no longer need to create a list of reciprocity states. The removal of this language would bring the Division in compliance with H.B. 105 (2019).

Statutory or constitutional authorization for this rule:

• Section 79-4-304
• Section 41-22-35

Anticipated cost or savings to:

the state budget:

There is no cost of savings to the state budget. The Division is no longer required to complete a list of reciprocity for Non-Resident Off Highway Vehicles to operate within Utah and this amendment would make the Division compliant with the law.

local governments:

Local governments are not affected by this amendment because they do not have anything to do with the Division creating a list of reciprocity for non-resident OHVs. Local governments are not affected by the list not being created.

small businesses:

This rule amendment is not expected to affect small businesses' revenues or expenditures, because it removes only language that is identified in the H.B. 105 (2019), which previously required the Division to create an annual list of states reciprocity for OHV use. The Division will no longer be required to create this list as the law has removed reciprocity for all states.

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

This rule amendment is not expected to affect other persons. H.B. 105 (2019) removed language that required the Division to create an annual reciprocity list for other states. The Division is no longer required to do that and not creating the list does not affect other persons. The law removed reciprocity with any state for OHV use.

Compliance costs for affected persons:

There are no compliance costs for this amendment. The Division is only affected because they no longer need to create a reciprocity list for non-resident OHV vehicles as the law removed reciprocity for all other states.

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

This rule should have minimal impact on businesses, although it may have an impact on out-of-state OHV use in the state. OHV recreationists will now have to obtain an out-of-state permit. This change in this rule is necessitated by a change in state law.

Brian C. Steed, 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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Jeff Rasmussen, Acting Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This rule amendment is not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because this removes language only that is identified in H.B. 105 (2019), which previously required the Division to create an annual list of states of reciprocity for OHV use. The Division will no longer be required to create this annual reciprocity list because the law has removed reciprocity with any state for off-highway vehicle use.

 

The head of Department of Natural Resources, Brian Steed, has reviewed and approved this fiscal analysis.

 

 

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 26, 2013]December 23, 2019

Notice of Continuation: January 22, 2015

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