Local Government Off-highway Vehicle Regulation

Off-highway vehicles - local government regulation - division of parks and wildlife. The act clarifies that when an off-highway vehicle is being driven on a street, road, or highway within a local government's jurisdiction, the local government does not violate state rules if it:

• Requires occupants to wear seat belts if the vehicle is designed to use them;
• Requires the use of a child restraint system if the vehicle was designed for it;
• Requires the use of eye protection for all occupants;
• Requires the use of a helmet for occupants under the age of 18; or
• Limits the number of occupants to the number that the off-highway vehicle was designed by the manufacturer to hold plus one aftermarket seat if it is properly installed and does not extend outside the roll cage, and limits the number of occupants to 2 for all-terrain vehicles or motorcycles.

These provisions apply when a person is driving an off-highway vehicle only on a road that has been opened to off-highway vehicle use by the local government or when crossing streets, railroad tracks, bridges, or culverts. A local government may require a driver's license or liability insurance when crossing streets, railroad tracks, bridges, or culverts.

(Note: This summary applies to this bill as enacted.)