SB255INTRODUCED
Page 0
VQ55LL-1
By Senator Kelley
RFD: County and Municipal Government
First Read: 25-Apr-23
2023 Regular Session
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6 VQ55LL-1 04/25/2023 CMH (L)bm 2023-525
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SYNOPSIS:
Under existing law, an all-terrain vehicle,
off-road vehicle, or recreational off-highway vehicle
may be registered with the Alabama State Law
Enforcement Agency for private use or public use.
This bill would provide for the licensing and
registration of these vehicles for use on certain
public roads under certain conditions.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
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A BILL
TO BE ENTITLED
AN ACT
Relating to all-terrain vehicles; to provide for the
licensing and registration of certain off-road vehicles for
use on certain public roads under certain conditions; to
provide penalties for a violation; and to amend Section
32-12A-1, Code of Alabama 1975, as last amended by Act
2022-371, 2022 Regular Session, to further provide
definitions; and in connection therewith would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-12A-1, Code of Alabama 1975, as
last amended by Act 2022-371, 2022 Regular Session, is amended
to read as follows:
"ยง32-12A-1
For purposes of this chapter, the following terms shall
have the following meanings:
(1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60
inches or less in width, measured from the outside of the tire
rim to the outside of the tire rim directly across on the
vehicle, having a dry weight of 1,500 pounds or less, designed
to travel on three or more non-highway tires, and manufactured
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for off-road use by a single operator or by an operator and
not more than one passenger as provided by the manufacturer.
(2) DEPARTMENT. The Department of Revenue.
(2)(3) OFF-ROAD VEHICLE. Any motorized vehicle not
designed for use on a highway and capable of cross-country
travel on land, snow, ice, marsh, swampland, or other natural
terrain. The term includes any all-terrain vehicle and
recreational off-highway vehicle. The term excludes any
electric bicycle; any golf cart; any vehicle used for
military, fire, emergency, or law enforcement purposes; any
motorboat; any vehicles used exclusively on airport property;
all farm machinery, farm tractors, and other self-propelled
equipment for harvesting and transportation of forest
products, for clearing land for planting, for utility services
and maintenance, or for earth moving, construction, or mining;
and self-propelled lawnmowers, snowblowers, and garden or lawn
tractors while such vehicles are being used exclusively for
their designed purposes. The term does not include any motor
vehicle for which a certificate of title is required by
Chapter 8.
(4) COUNTY ROAD. A road or bridge that has been
classified as a county road or a road for which a county has
otherwise assumed control. The term does not include an
interstate or national defense highway. The term does not
include any public road for which the speed limit is greater
than 55 miles per hour.
(3)(5) PRIVATE USE. Use exclusively on private property
or as an implement of husbandry, as defined in Section 32-8-2.
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(4)(6) PUBLIC USE. Off-road public use in designated
public areas.
(5)(7) RECREATIONAL OFF-HIGHWAY VEHICLE. Any off-road
vehicle 80 inches or less in width, measured from the outside
of the tire rim to the outside of the tire rim directly across
on the vehicle, having a dry weight of 3,500 pounds or less,
designed and manufactured to travel on four or more
non-highway tires for off-road use by an operator and the
number of passengers as provided by the manufacturer.
(6) SECRETARY. The Secretary of the Alabama State Law
Enforcement Agency. "
Section 2. (a) Any off-road vehicle or recreational
off-highway vehicle, as those terms are defined under Section
32-12A-1, Code of Alabama 1975, may be operated on a county
road, as defined under Section 32-5A-1, Code of Alabama 1975,
if the vehicle is registered as a motor vehicle pursuant to
Article 5 of Chapter 12 of Title 40, issued a license tag, and
meets the requirements of this section.
(b) An off-road vehicle or recreational off-highway
vehicle may be registered as a motor vehicle upon payment of
the required taxes and fees provided pursuant Article 5 of
Chapter 12 of Title 40 and following certification by the
manufacture of the vehicle or an inspection and approval by
the judge of probate or local license issuing official that
the vehicle is equipped with all of the following:
(1) Brakes meeting the requirements of Section
32-5-212, Code of Alabama 1975.
(2) Head lamps and tail lamps as required under
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subsection (b) and (c) of Section 32-5-240, Code of Alabama
1975.
(3) A horn meeting the requirements of Section
32-5-213, Code of Alabama 1975.
(4) A roll bar.
(5) Seat belts for each seat, as required under Section
32-5-217, Code of Alabama 1975.
(6) A manufacturer-installed or equivalent spark
arrester.
(7) A manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's
exhaust system.
(8) A windshield, with or without wipers; except, that
if the vehicle is not equipped with a windshield, then the
operator and each passenger shall wear glasses containing
impact resistant lenses, safety goggles, or a transparent face
shield.
(c) The operator of an off-road or recreational
off-highway vehicle shall be at least 16 years of age and
possess a valid driver license from this state or an
equivalent license from another state.
(d) The off-road vehicle or recreational off-highway
vehicle shall be covered by a liability insurance policy in an
amount no less than the minimum amounts required under Chapter
7A of Title 32, Code of Alabama 1975.
(e) The operator an off-road or recreational
off-highway vehicle shall obey all of the duties applicable to
the operator of a motor vehicle under Chapter 5 and Chapter 5A
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of Title 32, Code of Alabama 1975, except as to those
provisions that by their nature can have no application.
(f) Notwithstanding subsection (a), any off-road
vehicle or recreational off-highway vehicle may cross from a
county road, field, or area of operation to another, or across
a state highway or other noncounty road, not to include an
interstate or national defense highway system, if all of the
following conditions are satisfied:
(1) The crossing is made at an angle of approximately
90 degrees to the direction of the highway and at a place
where no obstruction prevents a quick and safe crossing.
(2) The vehicle is brought to a complete stop before
crossing the shoulder or main traveled way of the highway.
(3) The operator yields the operator's right-of-way to
all oncoming traffic that constitutes an immediate potential
hazard.
(4) Both the headlights and taillights are illuminated
when the crossing is made.
(g) A person who violates this section is guilty of a
misdemeanor.
(h) Operation of an off-road or recreational
off-highway vehicles shall be exempt from the registration
requirements and equipment and safety requirements of this
section under any of the following conditions:
(1) On any private or public recreational trail or
area.
(2) Operated on an affiliated trail or area operated by
a person or entity which has in place a safety program.
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(3) Operated for agricultural purposes.
(4) Operated for wildlife management, law enforcement,
emergency services, and other such official purposes.
(i) Nothing in this section authorizes the operation on
county roads of any all-terrain vehicle or other off-highway
vehicles other than off-road vehicles or recreational
off-highway vehicles.
(j) In addition to any taxes or fees charged and
collected under Article 5 of Chapter 12 of Title 40, Code of
Alabama 1975, for the registration of an off-road vehicle or
recreational off-highway vehicle under this section, there
shall be charged and collected a five dollar ($5) fee, to be
remitted to the local county sheriff's fund, to be used for
law enforcement purposes.
Section 3. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 4. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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