SB 1567
Initials JB Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: TTMC DPA 4-3-0-0 | 3
rd
Read 22-6-2-0
House: TI DP 8-0-3-0
SB 1567: off-highway vehicles; education requirement
Sponsor: Senator Kerr, LD 25
House Engrossed
Overview
Establishes a driver's license and education requirement for the operation of an off-highway
vehicle (OHV). Prohibits operating an OHV while consuming or possessing an open container
of spirituous liquor.
History
An OHV is a motorized vehicle that is operated primarily off of highways and that is designed,
modified or purpose-built primarily for recreational nonhighway all-terrain travel. An OHV
includes a tracked or wheeled vehicle, utility vehicle, all-terrain vehicle, motorcycle, four-
wheel drive vehicle, dune buggy, sand rail, amphibious vehicle, ground effects or air cushion
vehicle and any other means of land transportation deriving motive power from a source
other than muscle or wind. (A.R.S. § 28-1171).
Statute outlines operating restrictions for people driving OHVs. Some of the restrictions
include prohibiting a person from driving an OHV: 1) with reckless disregard for the safety
of persons or property; 2) off of an existing road, trail or route in a way that causes damage
to wildlife habitat, riparian areas, cultural or natural resources or property or improvements;
3) on roads, trails, routes or areas closed as indicated in the rules or regulations of a federal
agency, this state, county, municipality or by proper posting if the land is private; and 4) over
unimproved roads, trails, routes or areas unless driving is allowed by a rule or regulation
(A.R.S. § 28-1174).
An operator or passenger of a motorcycle, all-terrain vehicle or motor-driven cycle who is
under 18 years of age must wear a protective helmet on the operator's or passenger's head in
an appropriate manner. The protective helmet must be safely secured while the operator or
passenger is operating or riding on the motorcycle, all-terrain vehicle or motor-driven cycle
(A.R.S. § 28-964).
A person cannot consume or possess an open container of spirituous liquor while operating
or while within a passenger compartment of a motor vehicle that is located on any public
highway or right-of-way of a public highway in this state. Motor vehicle is defined as any
vehicle that is driven or drawn by mechanical power and that is designed primarily for use
on public highways. It does not include a vehicle operated exclusively on rails (A.R.S. § 4-
251).
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1567
Initials JB Page 2 House Engrossed
Provisions
OHV Licensure Requirement
1. Requires a person to possess a valid driver's license to drive an OHV in this state. (Sec.
5)
2. States that if a minor who is under 12 years old drives an OHV without a license, the
citation will be issued to the parent or legal guardian of the minor and not to the minor.
(Sec. 5)
3. Declares that if a minor who is between 12 and 15 years old drives an OHV without a
license, the citation may be issued to the minor or the parent or legal guardian but not to
both. (Sec. 5)
4. Defines highway. (Sec. 5)
OHV Safety Education Course
5. Directs the Arizona Game and Fish Department (AZGFD) to certify an OHV safety
education course (safety course) that includes verification of completion. (Sec. 6)
6. Requires beginning January 1, 2025, a person to complete the safety course and provide
the Arizona Department of Transportation (ADOT) or AZGFD proof of completion of the
course before ADOT or AZGFD may issue a resident or nonresident OHV user indicia to
the person. (Sec. 6)
7. Instructs AZGFD to ensure that a person may complete the safety course online. (Sec. 6)
8. Requires ADOT to share OHV data with AZGFD relating to people who have provided
proof of completion of the safety course and all user indicias issued by ADOT. (Sec. 6)
9. Repeals the safety course requirement on June 1, 2027. (Sec. 6)
10. Requires AZGFD on or before December 1, 2026, to submit a report regarding the results
of implementing the safety course education requirements, including the revenues and
costs associated with the implementation and any recommendations for administrative
or legislative action. (Sec. 6)
11. Directs AZGFD to submit the report to the Governor, the President of the Senate and the
Speaker of the House of Representatives and to provide a copy to the Secretary of State.
(Sec. 6)
OHV Operation Violations
12. Specifies that statute outlining operation restrictions for OHVs apply to a person
operating or allowing a minor under 12 years old to operate an OHV. (Sec. 3)
13. Stipulates that a citation will be issued to a parent or legal guardian of a minor who is
under 12 years old and not the minor if the minor violates statute outlining operating
restrictions for OHVs. (Sec. 3)
14. States that if a minor who is between 12 and 15 years old and commits a violation while
operating an OHV a citation may be issued to the minor or the parent or legal guardian
but not to both. (Sec. 3)
Miscellaneous
15. Prohibits a person from allowing someone who is under 18 years old to operate an OHV
or be an OHV passenger on state or public land without wearing a protective helmet. (Sec.
4) SB 1567
Initials JB Page 3 House Engrossed
16. Specifies that the OHV helmet requirement for people under 18 years old does not apply
to a child who is an OHV passenger if:
a) the child is properly secured in a child restraint system; and
b) the OHV is equipped with a rollover protection system. (Sec. 4)
17. Makes changes to the definition of off-highway vehicle. (Sec. 2)
18. Modifies the definition of a motor vehicle to prohibit someone from consuming spiritous
liquor or possessing an open container of spirituous liquor while operating or within any
self-propelled vehicle, rather than just any vehicle designed primarily for use on public
highways. (Sec. 1)
19. Makes technical and conforming changes. (Sec. 1, 3-4)