Oklahoma 2023 Regular Session

Oklahoma House Bill HB2261 Latest Draft

Bill / Amended Version Filed 04/12/2023

                             
 
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SENATE FLOOR VERSION 
April 11, 2023 
 
 
ENGROSSED HOUSE 
BILL NO. 2261 	By: Sterling of the House 
 
  and 
 
  Weaver of the Senate 
 
 
 
 
An Act relating to motor vehicles; amending 47 O.S. 
2021, Section 1-171.1, which relates to street -legal 
utility vehicle; modifying definition; 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 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 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; 
2.  Four wheels in contac t with the ground, but excluding a 
tractor;   
 
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3.  A combustion engine with a piston 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 shall be installed pursuant to 49 
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 windshield 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: 
A.  The self-propelled or motor-driven and operated vehicles 
described in this section shall be prohi bited from operating or   
 
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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 t he streets and highways of this state, 
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 sale 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 requi red 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 Section 1102 
of this title, shall not be operated on the st reets and highways of 
this state except: 
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 of independent management companies   
 
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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 Commiss ion, when 
the streets and highways 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 str eets and highways 
of this state located within the boundaries 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 requirements; 
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 
ordinance governing the operation of golf carts and/or utility 
vehicles;   
 
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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 po sted 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 that are registered 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, 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; 
2.  On highways if:   
 
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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 traffic 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 than 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 cross 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 unincorporated areas of a county 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, 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 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 AERONAUTICS AND TRANSPORTATION 
April 11, 2023 - DO PASS