Req. No. 9321 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) HOUSE BILL 3661 By: Sterling AS INTRODUCED An Act relating to motor vehicles; amending 47 O.S. 2021, Section 11-1116, which relates to self- propelled or motor-driven and operated vehicles; updating statutory reference; deleting divided highway crossing prohibition for all-terrain vehicles; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -1116, is amended to read as follows: Section 11-1116. A. The self-propelled or motor-driven and operated vehicles des cribed in this section shall be prohibited from operating or shall be limited in operation on the streets a nd highways of this sta te. B. Self-propelled or motor-driven cycles, known and commonly referred to as "minibikes" and other similar trade names, sh all be prohibited from operating on the streets and highways of this state, except: 1. When used in a parade; or Req. No. 9321 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. When registered, as required by subsection E of Section 1151 of this title, and operated in this state by food vendor services upon streets having a speed limit of thirty (30) miles per hour or less. All minibikes offered for sale in this state shall bear the following notice to the customer: "This machine is not manufactured or sold for operation on the public st reets or highways. Since it is not provided with equipment required by law for street or highway use, all persons are cautioned that a ny operation of this vehicle upon a public street or highwa y will be in violation of the motor vehicle laws of this state and will subject the violat or to arrest." C. Golf carts and utility vehicles, as defined by Section 1102 of this title, shall not be operated on the streets and highways of this state except: 1. Golf carts or utility vehicles owned by the Oklahoma Touri sm and Recreation Department , and operated by employees or agents of the Department or employees of independent management companies working on behalf of the Department, may be operated on the s treets and highways of this state during daylight hours or und er rules developed by the Oklahoma Tourism and Recreation Commission, when the streets and highways are located within the boundaries o f a state park. The Department shall have warning signs pl aced at the entrance and other locations at those state parks allowing golf carts or utility vehicles to be operated on the streets and highways Req. No. 9321 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of this state located within the boundaries of those state parks. The warning signs shall state that golf cart s and utility vehicles may be operating on streets and highway s and that motor vehicle operators shall take special precautions to be alert for the presence of golf carts or utility vehicles on the streets and highways; 2. The municipal governing body has adopted an ordinance governing the operation of golf carts an d/or utility vehicles on city streets; provided, such ordinances shall include necessary vehicle lighting and safety requirements; 3. Golf carts or utility vehicles may operate on state highway s only if making a perpendicular crossing of a state highway l ocated within the boundaries of a municipality which has adopted an ordinance governing the operation of golf carts and/or utility vehicles; 4. The board of county commissioners of a county has approved the operation of golf cart and/or utility vehicle tr affic on roadways within the county, and: a. the roadway has a posted speed limit of twenty -five (25) miles per hour or less, b. the roadway is located in an unincorporated area, and c. appropriate signage, cautioning motorists of the possibility of golf c art or utility vehicle traf fic, is erected by the board of county commissioners ; or Req. No. 9321 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Street-legal utility vehicles that are register ed as a motor vehicle pursuant to subsection B of Section 1 1-171.1 of this act title may be operated on the streets and highways of this state . Provided, however, street-legal utility vehicles shall not be operated on the National System of Interstate an d Defense Highways or U.S. highways. D. All-terrain vehicles shall not be operated on the streets and highways of this s tate, except: 1. On unpaved roads which are located within the boundaries of any property of the Forest Service of the United States D epartment of Agriculture; 2. On highways if: a. the vehicle needs to make a direct crossing of the highway while the veh icle is traveling upon a regularly traveled trail and needs to continue travel from one area of the trail to another and, if the vehicle comes to a complete stop, yields the right -of- way to all oncoming traffic that constitutes an immediate hazard, and cro sses the highway at an angle of approximately ninety (90) degrees to the direction of the street or highway . This exception shall not apply to divided highways or highways with a posted speed limit of more than thirty -five (35) miles per hour in the area of the crossing, Req. No. 9321 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. the vehicle needs to travel on a highway in order to cross a railroad track . In that event, the all - terrain vehicle may travel for not more than three hundred (300) feet on a highway to cross a railroad track, c. the operator of the al l-terrain vehicle making the crossing at a highway has a valid driver license, and d. the operator of the vehicle makes a crossing on a highway during daylight hours only; 3. On streets and highways within a municipality if the municipal governing body ha s adopted an ordinance governing the operation of golf carts, utility vehicles or all -terrain vehicles on streets and highways within t he municipality; or 4. On roadways within unincorporated a reas of a county if those roadways are not part of the state h ighway system or the National System of Interstate and Defense Highways; provided, however, that the driver is a licensed driver. E. Mopeds, as defined by Section 1-133.2 of this title, may be operated on the streets and highways of this state if: 1. The municipal governing body has adopted an ordinance governing the operation of mopeds on city streets; provided, such ordinances shall include necessary vehicle lighting and safety requirements; or Req. No. 9321 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The board of county commissioners of a county has appro ved the operation of mopeds on roadways w ithin the county, not including roadways within a municipality. SECTION 2. This act shall become effective November 1, 2022. 58-2-9321 JBH 12/15/21