AL
Alabama Senate Bill SB255

Alabama 2023 Regular Session

Alabama Senate Bill SB255 Compare Versions

Only one version of the bill is available at this time.
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11 SB255INTRODUCED
22 Page 0
33 VQ55LL-1
44 By Senator Kelley
55 RFD: County and Municipal Government
66 First Read: 25-Apr-23
77 2023 Regular Session
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1313 6 VQ55LL-1 04/25/2023 CMH (L)bm 2023-525
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1515 SYNOPSIS:
1616 Under existing law, an all-terrain vehicle,
1717 off-road vehicle, or recreational off-highway vehicle
1818 may be registered with the Alabama State Law
1919 Enforcement Agency for private use or public use.
2020 This bill would provide for the licensing and
2121 registration of these vehicles for use on certain
2222 public roads under certain conditions.
2323 Section 111.05 of the Constitution of Alabama of
2424 2022, prohibits a general law whose purpose or effect
2525 would be to require a new or increased expenditure of
2626 local funds from becoming effective with regard to a
2727 local governmental entity without enactment by a 2/3
2828 vote unless: it comes within one of a number of
2929 specified exceptions; it is approved by the affected
3030 entity; or the Legislature appropriates funds, or
3131 provides a local source of revenue, to the entity for
3232 the purpose.
3333 The purpose or effect of this bill would be to
3434 require a new or increased expenditure of local funds
3535 within the meaning of the amendment. However, the bill
3636 does not require approval of a local governmental
3737 entity or enactment by a 2/3 vote to become effective
3838 because it comes within one of the specified exceptions
3939 contained in the amendment.
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6969 A BILL
7070 TO BE ENTITLED
7171 AN ACT
7272 Relating to all-terrain vehicles; to provide for the
7373 licensing and registration of certain off-road vehicles for
7474 use on certain public roads under certain conditions; to
7575 provide penalties for a violation; and to amend Section
7676 32-12A-1, Code of Alabama 1975, as last amended by Act
7777 2022-371, 2022 Regular Session, to further provide
7878 definitions; and in connection therewith would have as its
7979 purpose or effect the requirement of a new or increased
8080 expenditure of local funds within the meaning of Section
8181 111.05 of the Constitution of Alabama of 2022.
8282 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
8383 Section 1. Section 32-12A-1, Code of Alabama 1975, as
8484 last amended by Act 2022-371, 2022 Regular Session, is amended
8585 to read as follows:
8686 "ยง32-12A-1
8787 For purposes of this chapter, the following terms shall
8888 have the following meanings:
8989 (1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60
9090 inches or less in width, measured from the outside of the tire
9191 rim to the outside of the tire rim directly across on the
9292 vehicle, having a dry weight of 1,500 pounds or less, designed
9393 to travel on three or more non-highway tires, and manufactured
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123123 for off-road use by a single operator or by an operator and
124124 not more than one passenger as provided by the manufacturer.
125125 (2) DEPARTMENT. The Department of Revenue.
126126 (2)(3) OFF-ROAD VEHICLE. Any motorized vehicle not
127127 designed for use on a highway and capable of cross-country
128128 travel on land, snow, ice, marsh, swampland, or other natural
129129 terrain. The term includes any all-terrain vehicle and
130130 recreational off-highway vehicle. The term excludes any
131131 electric bicycle; any golf cart; any vehicle used for
132132 military, fire, emergency, or law enforcement purposes; any
133133 motorboat; any vehicles used exclusively on airport property;
134134 all farm machinery, farm tractors, and other self-propelled
135135 equipment for harvesting and transportation of forest
136136 products, for clearing land for planting, for utility services
137137 and maintenance, or for earth moving, construction, or mining;
138138 and self-propelled lawnmowers, snowblowers, and garden or lawn
139139 tractors while such vehicles are being used exclusively for
140140 their designed purposes. The term does not include any motor
141141 vehicle for which a certificate of title is required by
142142 Chapter 8.
143143 (4) COUNTY ROAD. A road or bridge that has been
144144 classified as a county road or a road for which a county has
145145 otherwise assumed control. The term does not include an
146146 interstate or national defense highway. The term does not
147147 include any public road for which the speed limit is greater
148148 than 55 miles per hour.
149149 (3)(5) PRIVATE USE. Use exclusively on private property
150150 or as an implement of husbandry, as defined in Section 32-8-2.
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180180 (4)(6) PUBLIC USE. Off-road public use in designated
181181 public areas.
182182 (5)(7) RECREATIONAL OFF-HIGHWAY VEHICLE. Any off-road
183183 vehicle 80 inches or less in width, measured from the outside
184184 of the tire rim to the outside of the tire rim directly across
185185 on the vehicle, having a dry weight of 3,500 pounds or less,
186186 designed and manufactured to travel on four or more
187187 non-highway tires for off-road use by an operator and the
188188 number of passengers as provided by the manufacturer.
189189 (6) SECRETARY. The Secretary of the Alabama State Law
190190 Enforcement Agency. "
191191 Section 2. (a) Any off-road vehicle or recreational
192192 off-highway vehicle, as those terms are defined under Section
193193 32-12A-1, Code of Alabama 1975, may be operated on a county
194194 road, as defined under Section 32-5A-1, Code of Alabama 1975,
195195 if the vehicle is registered as a motor vehicle pursuant to
196196 Article 5 of Chapter 12 of Title 40, issued a license tag, and
197197 meets the requirements of this section.
198198 (b) An off-road vehicle or recreational off-highway
199199 vehicle may be registered as a motor vehicle upon payment of
200200 the required taxes and fees provided pursuant Article 5 of
201201 Chapter 12 of Title 40 and following certification by the
202202 manufacture of the vehicle or an inspection and approval by
203203 the judge of probate or local license issuing official that
204204 the vehicle is equipped with all of the following:
205205 (1) Brakes meeting the requirements of Section
206206 32-5-212, Code of Alabama 1975.
207207 (2) Head lamps and tail lamps as required under
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237237 subsection (b) and (c) of Section 32-5-240, Code of Alabama
238238 1975.
239239 (3) A horn meeting the requirements of Section
240240 32-5-213, Code of Alabama 1975.
241241 (4) A roll bar.
242242 (5) Seat belts for each seat, as required under Section
243243 32-5-217, Code of Alabama 1975.
244244 (6) A manufacturer-installed or equivalent spark
245245 arrester.
246246 (7) A manufacturer-installed or equivalent muffler in
247247 proper working order and properly connected to the vehicle's
248248 exhaust system.
249249 (8) A windshield, with or without wipers; except, that
250250 if the vehicle is not equipped with a windshield, then the
251251 operator and each passenger shall wear glasses containing
252252 impact resistant lenses, safety goggles, or a transparent face
253253 shield.
254254 (c) The operator of an off-road or recreational
255255 off-highway vehicle shall be at least 16 years of age and
256256 possess a valid driver license from this state or an
257257 equivalent license from another state.
258258 (d) The off-road vehicle or recreational off-highway
259259 vehicle shall be covered by a liability insurance policy in an
260260 amount no less than the minimum amounts required under Chapter
261261 7A of Title 32, Code of Alabama 1975.
262262 (e) The operator an off-road or recreational
263263 off-highway vehicle shall obey all of the duties applicable to
264264 the operator of a motor vehicle under Chapter 5 and Chapter 5A
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294294 of Title 32, Code of Alabama 1975, except as to those
295295 provisions that by their nature can have no application.
296296 (f) Notwithstanding subsection (a), any off-road
297297 vehicle or recreational off-highway vehicle may cross from a
298298 county road, field, or area of operation to another, or across
299299 a state highway or other noncounty road, not to include an
300300 interstate or national defense highway system, if all of the
301301 following conditions are satisfied:
302302 (1) The crossing is made at an angle of approximately
303303 90 degrees to the direction of the highway and at a place
304304 where no obstruction prevents a quick and safe crossing.
305305 (2) The vehicle is brought to a complete stop before
306306 crossing the shoulder or main traveled way of the highway.
307307 (3) The operator yields the operator's right-of-way to
308308 all oncoming traffic that constitutes an immediate potential
309309 hazard.
310310 (4) Both the headlights and taillights are illuminated
311311 when the crossing is made.
312312 (g) A person who violates this section is guilty of a
313313 misdemeanor.
314314 (h) Operation of an off-road or recreational
315315 off-highway vehicles shall be exempt from the registration
316316 requirements and equipment and safety requirements of this
317317 section under any of the following conditions:
318318 (1) On any private or public recreational trail or
319319 area.
320320 (2) Operated on an affiliated trail or area operated by
321321 a person or entity which has in place a safety program.
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351351 (3) Operated for agricultural purposes.
352352 (4) Operated for wildlife management, law enforcement,
353353 emergency services, and other such official purposes.
354354 (i) Nothing in this section authorizes the operation on
355355 county roads of any all-terrain vehicle or other off-highway
356356 vehicles other than off-road vehicles or recreational
357357 off-highway vehicles.
358358 (j) In addition to any taxes or fees charged and
359359 collected under Article 5 of Chapter 12 of Title 40, Code of
360360 Alabama 1975, for the registration of an off-road vehicle or
361361 recreational off-highway vehicle under this section, there
362362 shall be charged and collected a five dollar ($5) fee, to be
363363 remitted to the local county sheriff's fund, to be used for
364364 law enforcement purposes.
365365 Section 3. Although this bill would have as its purpose
366366 or effect the requirement of a new or increased expenditure of
367367 local funds, the bill is excluded from further requirements
368368 and application under Section 111.05 of the Constitution of
369369 Alabama of 2022, because the bill defines a new crime or
370370 amends the definition of an existing crime.
371371 Section 4. This act shall become effective on the first
372372 day of the third month following its passage and approval by
373373 the Governor, or its otherwise becoming law.
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