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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2261 By: Sterling of the House
and
Weaver of the Senate
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 1-171.1, which relates to street -legal
utility vehicle; modifying def inition; amending 47
O.S. 2021, Section 11 -1116, which relates to self-
propelled or motor-driven cycles; updating statutory
reference; allowing street-legal utility vehicles to
operate on certain stretches of U.S. highways;
deleting divided highway crossin g 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 1 -171.1, is
amended to read as follows:
Section 1-171.1 A. A "street-legal utility vehicle" is any
motor vehicle having:
1. A bench seat or side -by-side seat for the use of each rider;
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2. Four wheels in contac t with the ground, but excluding a
tractor;
3. A combustion engine with a pisto n or rotor displacement of
four hundred cubic centimeters (400 cc) or greater and capable of
maintaining speeds of forty -five (45) miles per hour or greater;
4. For each occupant, safety belts or safety shoulder harnesses
which shall be of a type and shal l be installed pursuant to 4 9
C.F.R., Section 571.208 et seq.; and
5. All equipment required by the provisions of Sections 12 -201
through 12-232 of Title 47 of the Oklahoma St atutes, with respect to
equipment on vehicles ; and
6. a windshield; however, street-legal utility vehicles shall
be exempt from the glass wi ndshield requirements of Section 12 -406
of this Title.
B. A street-legal utility vehicl e operated on the streets a nd
highways of this state shall be registered as a motor vehicle.
C. The operator of a street-legal utility vehicle shall not be
required to have an "M" endorsement on the Class D license pursuant
to Section 6-110.1 of Title 47 of the Oklahoma Statutes . The
operator shall be at least sixteen (16) years of age and hold a
valid Oklahoma driver license.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 11 -1116, is
amended to read as follows:
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A. The self-propelled or motor-driven and operated vehicles
described in this section shall be prohibited from operating or
shall be limited in operation on the streets and highways of this
state.
B. Self-propelled or motor-driven cycles, known and commonly
referred to as "minibikes" and other similar trade names, shall be
prohibited from operating on the streets and highways of this s tate,
except:
1. When used in a parade; or
2. When registered, as required by subsection E of Section 1151
of this title, and operated in this state by food vendor serv ices
upon streets having a speed limit of thirty (30) miles per hour or
less.
All minibikes offered for sal e in this state shall bear the
following notice to the customer: "This machine is not manufactured
or sold for operation on the public streets or hig hways. Since it
is not provided with equipment required by law for street or highway
use, all persons are cautioned that any operation of thi s vehicle
upon a public street or highway will be in violation of the motor
vehicle laws of this state and will su bject the violator to arrest."
C. Golf carts and utility vehicles, as defined by Sect ion 1102
of this title, shall not be operated on the st reets and highways of
this state except:
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1. Golf carts or utility vehicles owned by the Oklahoma Tourism
and Recreation Department, and operated by employees or agents of
the Department or employees o f independent managem ent companies
working on behalf of the Department, may be operated on the streets
and highways of this state during daylight hours or under rules
developed by the Oklahoma Tourism and Recreation Commission, when
the streets and highway s are located within the boundaries of a
state park. The Department shall have warning signs placed at the
entrance and other locations at those state parks allowing gol f
carts or utility vehicles to be operated on the streets and highways
of this state located within the bou ndaries of those state parks .
The warning signs shall state that golf carts and utility vehicles
may be operating on streets and highways and that m otor 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 and/or utility vehicles on
city streets; provided, such ordinances shall include necessary
vehicle lighting and safety re quirements;
3. Golf carts or utility vehicles may operate on state highways
only if making a perpendicular crossing of a state highway located
within the boundaries of a municipality which has adopted an
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ordinance governing the operat ion 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 traffic 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 cart or utili ty vehicle traffic,
is erected by the board of county commissioners ; or
5. Street-legal utility vehicles t hat are registered as a m otor
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, when traveling on U.S. highways, street-legal
utility vehicles are restricted to those highways with a posted
speed limit of forty-five (45) miles per hour or less. Street-legal
utility vehicles shall not be operated on the National System of
Interstate and Defense Highways or U.S. highways.
D. All-terrain vehicles shall not be operated on the streets
and highways of this state, except:
1. On unpaved roads which are located within the boundaries of
any property of the Fore st Service of the United States Department
of Agriculture;
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2. On highways if:
a. the vehicle needs to make a direct crossing of the
highway while the ve hicle is traveling upon a
regularly traveled trail and needs to continue travel
from one area of the tr ail to another and, if the
vehicle comes to a comple te stop, yields the right -of-
way to all oncoming traffi c that constitutes an
immediate hazard, and cr osses 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 th an thirty-five (35) miles per
hour in the area of the crossing,
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 n ot more than three
hundred (300) feet on a highway to cr oss a railroad
track,
c. the operator of the a ll-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 h as adopted an ordinance governing the
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operation of golf carts, utility vehicles or all -terrain vehicles on
streets and highways within the municipality ; or
4. On roadways within unincorpor ated areas of a count y if those
roadways are not part of the state highway 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, m ay 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 neces sary vehicle lighting and safety
requirements; or
2. The board of county commissioners of a county has appr oved
the operation of mopeds on roadways w ithin the county, not including
roadways within a municipalit y.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
02/28/2023 - DO PASS, As Coauthored.