Topic:
LEGISLATION; MOTOR VEHICLES;
Location:
MOTOR VEHICLES (GENERAL);

OLR Research Report


September 3, 2004

 

2004-R-0716

BILLS CONCERNING ALL-TERRAIN VEHICLES PROPOSED SINCE 2002

 

By: Paul Frisman, Associate Analyst

You asked for summaries of legislation concerning all-terrain vehicles (ATVs) proposed during the 2002, 2003 and 2004 sessions.

SUMMARY

A computer search found nine bills that mentioned ATVs in the 2002 and 2003 legislative sessions. No such legislation was introduced in 2004. We summarize the bills and their disposition by session, below. The text of the actual bills may be found by clicking the included hyperlinks.

2002 SESSION

AAC Certain Motor Vehicle Laws (SB 20)

This bill, adopted as PA 02-70, expanded the definition of ATVs Under prior law, an ATV was defined as a motorized vehicle not suitable for highway operation that (1) was not more than 50 inches wide, (2) had a dry weight of no more than 600 pounds, (3) traveled on three or more low pressure tires, and (4) had a seat or saddle designed for the operator to straddle. The act expanded the definition to include two-wheeled

vehicles such as dirt bikes (1) that meet the other characteristics specified in the law and (2) have a piston displacement of more than 50 cubic centimeters. Also, it changes the tire requirement from "low pressure" tires to any tires specifically designed for unimproved terrain.

AAC Equestrian Paths (HB 5543)

This bill would have required the Department of Environmental Protection (DEP), when developing new recreational paths in state parks and forests, to provide paths and parking facilities for equestrians, motorbikes and ATVs when possible. It died in the House.

AAC All-Terrain Vehicles (SB 418)

This bill would have required ATV operators to register their vehicles, even if they only operate them on land they own or lease, increased the height of the required registration number displayed on the vehicle from three to five inches and required written permission to operate ATVs on any land, rather than just fenced farmland and posted land. It also would have increased the fine for second and subsequent violations of certain ATV laws from an infraction to up to $ 500. It would have authorized the motor vehicle commission to suspend or revoke an ATV registration and to confiscate an ATV for repeated violations of ATV laws or related regulations. The Transportation Committee held a public hearing on the bill on March 6, 2002, but took no action.

AAC Fees For Certain Vehicles Used For Recreation (SB 612)

This bill would have raised the biennial registration fee for ATVs from $ 14 to $ 28. The Finance, Revenue and Bonding Committee heard the bill on March 18, 2002, but took no action.

2003 SESSION

AAC the Recommendations of the Transportatin Strategy Board (HB 6805)

This bill, enacted as PA 03-4, June Special Session, increased the biennial registration fee for ATVs from $ 14 to $ 20.

AAC Minor Revisions to the Environmental Protection Provisions (HB 1157)

This bill, which was enacted as PA 03-276, prohibits people from operating snowmobiles or ATVs on any land, rather than just fenced farmland or posted land, without the owner's written permission, and requires the operator to carry the written permission on his person while operating the vehicle.

AAC All-Terrain Vehicles (HB 6253)

This bill would have required all ATV owners to register their vehicles and pay a $ 25 fee, to be used to acquire and maintain land for ATV trail riding. It would have created a $ 100 fine for ATV operators cited for trespassing, and split the fine evenly between the town where the trespass occurred and the DEP. The DEP would use its share to buy and maintain land. The bill died in the Environment Committee without a hearing.

AAC All-Terrain Vehicles (SB 819)

This bill would have required ATV operators to register their vehicles, even if they only operate them on land they own or lease; increased the height of the required registration number displayed on the vehicle from three to five inches; and required written permission to operate ATVs on any land, rather than just fenced farmland or posted land. It also would have increased the fine for second and subsequent violations of certain ATV laws from an infraction to up to $ 500. It would have authorized the motor vehicle commission to suspend or revoke an ATV registration and to confiscate an ATV for repeated violations of the ATV laws or related regulations. The Transportation Committee heard the bill on February 18, 2003, but took no action.

AAC the Operation of All-Terrain Vehicles (SB 851)

This bill would have required registration of all ATVs, increased the registration fee for ATVs and snowmobiles, created an ATV account within the state Conservation Fund to fund ATV-related uses, restricted ATV and snowmobile use on state-owned and-managed lands, and required written consent to operate ATVs on private property.

By law, the DEP commissioner must set aside certain state property for ATV use. The bill would have required ATV operators to obtain a DEP safe ATV certificate to operate on state-owned or-managed land DEP designates for such use, and required ATV operators to be at least 12 years old to obtain such certificates. It would have set conditions for ATV use by minors and authorized the commissioner to modify or suspend certificate requirements and enter into reciprocal certification agreements with other states. It would have required that dealers of new and used snowmobiles and ATVs provide purchasers with information on ATV and snowmobile regulations and registration and certification requirements. It made violation of certain of its provisions an infraction.

The bill died in the Senate. We have attached a more detailed bill analysis, which also can be found here.

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