Req. No. 1958 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 1st Session of the 59th Legislature (2023) COMMITTEE SUBSTITUTE FOR SENATE BILL 427 By: Newhouse and Coleman COMMITTEE SUBSTITUTE An Act relating to utility vehicles; amending 47 O.S. 2021, Section 11-1116, which relates to self- propelled or motor-driven and operated vehicles on streets, highways, and roadways within unincorporated areas; modifying statutory reference; prohibiting certain vehicles exceeding specific speed when operated on streets and highways; modi fying where certain vehicles may be operated; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF TH E 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 and 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 Req. No. 1958 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 prohibited from operating on the 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 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 streets or highways . 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 i n 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 st reets and highways of this state except: 1. Golf carts or utility vehicles owned by the O klahoma Tourism 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 streets and highways of this state during daylight hours or under rules developed by the Oklahoma Tourism and Recreation Commission, when the streets and highways are located within the boundaries of a Req. No. 1958 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 state park. The Department shall have warning signs placed at the entrance and other locations at those state parks allowing golf carts or utility vehicles to be operated on the streets and highways of this state located within the boundaries of those state parks . The warning signs shall state that golf carts and utili ty vehicles may be operating on street s and highways 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 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 st ate highway located 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 utili ty 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 Req. No. 1958 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 c. appropriate signage, cautioning motorists of the possibility of golf cart or utility vehicle traf fic, is erected by the board of county commissioners ; or 5. Street-legal utility vehicles that 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 posted at fifty (5 0) 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 boundarie s of any property of the Forest Servic e of the United States Department of Agriculture; 2. On highways if: a. the vehicle needs to make a direct crossing of the highway while the vehicle is traveling upon a regularly traveled trail and needs to continue t ravel from one area of the trail to an other 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 crosses the highway at an angle Req. No. 1958 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 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 all -terrain vehicle making the crossing at a highway has a valid driver lic ense, and d. the operator of the vehic le makes a crossing on a highway during daylight hours only; 3. On streets and highways within a municipality if the municipal governing body has adopted an ordinance governing the operation of golf carts, utility veh icles 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: Req. No. 1958 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 1. The municipal governing body has adopted an ordinance governing the operatio n 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 approved 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, 2023. 59-1-1958 KR 2/28/2023 4:26:19 PM