No. 32094 (Amendment): R651-634-1. User Permits and Fees

DAR File No.: 32094
Filed: 10/30/2008, 11:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 181, passed during the 2008 General Session of the Legislature, creates a special category of a vehicle, known in the law as a "street legal all-terrain vehicle", or "street legal ATV". S.B. 181 also instructs the Division to adopt rules, pursuant to restrictions contained in the bill, to establish eligibility requirements for nonresident users desiring to operate as "street legal" in Utah. (DAR NOTE: S.B. 181 (2008) is found at Chapter 36, Laws of Utah 2008, and was effective 10/01/2008.)

Summary of the rule or change:

This rule amendment addresses the issue of Street Legal ATVs brought into Utah by nonresidents. S.B. 181 (2008) requires that the Division address this issue by rule.

State statutory or constitutional authorization for this rule:

Sections 41-22-35 and 63-11-17

Anticipated cost or savings to:

the state budget:

An estimated loss of $1,000 to the state budget because of nonresident permits that will not be sold due to the reciprocal arrangement that otherwise would be required.

local governments:

No anticipated costs or savings to local government as this will affect the state budget only.

small businesses and persons other than businesses:

Loss of approximately $100 to vendors, mostly small businesses who sell the permits as our agents.

Compliance costs for affected persons:

No change in compliance costs for affected persons, but there will be a savings of $30 each for those who fall under the new reciprocal arrangement.

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

There should be no fiscal impact on business from this rule change. 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 Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at [e-mail]

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:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

Mark Forbes, Deputy Director (Legislation)

RULE TEXT

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.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: [January 2, 2007]December 22, 2008

Notice of Continuation: July 1, 2005

Authorizing, and Implemented or Interpreted Law: 41-22-35; 63-11-17