SENATE FLOOR VERSION - HB2261 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; SENATE FLOOR VERSION - HB2261 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB2261 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB2261 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; SENATE FLOOR VERSION - HB2261 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: SENATE FLOOR VERSION - HB2261 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB2261 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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