Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB427 Compare Versions

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3		-	ENGR. S. B. NO. 427 Page 1 1
	3	+	SENATE FLOOR VERSION - SB427 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 427 By: Newhouse and Coleman of the
30		-	Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 28, 2023
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32		-	and
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34		-	Banning of the House
	33	+	COMMITTEE SUBSTITUTE
	34	+	FOR
	35	+	SENATE BILL NO. 427 By: Newhouse and Coleman
	36	+
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38	41		An Act relating to utility vehicles; amending 47 O.S.
39	42		2021, Section 11-1116, which relates to self-
40	43		propelled or motor-driven and operated vehicles on
41	44		streets, highways, and roadways within unincorporated
42	45		areas; modifying statutory reference; prohibiting
43	46		certain vehicles exceeding specific speed when
44	47		operated on streets and highways; requiring certain
45	48		vehicles to have certain safety fe atures to operate
46	49		in this state; requiring certain inspection;
47	50		modifying where certain vehicles may be operated; and
48	51		providing an effecti ve date.
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52	57		BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
53	58		SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-1116, is
54	59		amended to read as follows:
55	60		Section 11-1116. A. The self-propelled or motor-driven and
56	61		operated vehicles des cribed in this section shall be prohibited from
57	62		operating or shall be limited in operation on the streets and
58	63		highways of this state.
59	64		B. Self-propelled or motor-driven cycles, known and commonly
60	65		referred to as “minibikes” and other similar trade names, sh all be
61		-	prohibited from operating on the streets and highways of this state,
62		-	except:
63		-	1. When used in a parade; or
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65		-	ENGR. S. B. NO. 427 Page 2 1
	67	+	SENATE FLOOR VERSION - SB427 SFLR Page 2
	68	+	(Bold face denotes Committee Amendments) 1
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	93	+	prohibited from operating on the streets and highways of this state,
	94	+	except:
	95	+	1. When used in a parade; or
90	96		2. When registered, as required by subsection E of Section 1151
91	97		of this title, and operated in this state by food vendor services
92	98		upon streets having a speed limit of thirty (30) miles per hour or
93	99		less.
94	100		All minibikes offered for sale in this state shall bear the
95	101		following notice to the customer: “This machine is not manufactured
96	102		or sold for operation on the public streets or highways . Since it
97	103		is not provided with equipment required by law for street or highway
98	104		use, all persons are cautioned that any operation of this vehicle
99	105		upon a public street or highway will be i n violation of the motor
100	106		vehicle laws of this state and will subject the violat or to arrest.”
101	107		C. Golf carts and utility vehicles, as defined by Section 1102
102	108		of this title, shall not b e operated on the streets and highways of
103	109		this state except:
104	110		1. Golf carts or utility vehicles owned by the O klahoma Tourism
105	111		and Recreation Department , and operated by employees or agents of
106	112		the Department or employees of independent management companies
107	113		working on behalf of the Department, may be operated on the streets
108	114		and highways of this state during daylight hours or under rules
109	115		developed by the Oklahoma Tourism and Recreation Commission, when
110	116		the streets and highways are located within the boundaries of a
111		-	state park. The Department shall have warning signs placed at the
112		-	entrance and other locations at those state parks allowing golf
113		-	carts or utility vehicles to be operated on the streets and highways
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115		-	ENGR. S. B. NO. 427 Page 3 1
	118	+	SENATE FLOOR VERSION - SB427 SFLR Page 3
	119	+	(Bold face denotes Committee Amendments) 1
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	144	+	state park. The Department shall have warning signs placed at the
	145	+	entrance and other locations at those state parks allowing golf
	146	+	carts or utility vehicles to be operated on the streets and highways
140	147		of this state located within the boundaries of tho se state parks.
141	148		The warning signs shall state that golf carts and utili ty vehicles
142	149		may be operating on street s and highways and that motor vehicle
143	150		operators shall take special precautions to be alert for the
144	151		presence of golf carts or utility vehicles on t he streets and
145	152		highways;
146	153		2. The municipal governing body has adopted an ordinance
147	154		governing the operation of golf carts and/or utility vehicles on
148	155		city streets; provided, such ordinances shall include necessary
149	156		vehicle lighting and safety requirements;
150	157		3. Golf carts or utility vehicles may operate on state highways
151	158		only if making a perpendicular crossing of a st ate highway located
152	159		within the boundaries of a municipality which has adopted an
153	160		ordinance governing the operation of golf carts and/or utility
154	161		vehicles;
155	162		4. The board of county commissioners of a county has approved
156	163		the operation of golf cart and/or utili ty vehicle traffic on
157	164		roadways within the county, and:
158	165		a. the roadway has a posted speed limit of twenty -five
159	166		(25) miles per hour or less,
160	167		b. the roadway is located in an unincorporated area, and
161		-	c. appropriate signage, cautioning motorists of the
162		-	possibility of golf cart or utility vehicle traf fic,
163		-	is erected by the board of county commissioners ; or
164	168
165		-	ENGR. S. B. NO. 427 Page 4 1
	169	+	SENATE FLOOR VERSION - SB427 SFLR Page 4
	170	+	(Bold face denotes Committee Amendments) 1
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	195	+	c. appropriate signage, cautioning motorists of the
	196	+	possibility of golf cart or utility vehicle traf fic,
	197	+	is erected by the board of county commissioners ; or
190	198		5. Street-legal utility vehicles that are regist ered as a motor
191	199		vehicle pursuant to subsection B of Section 1 1-171.1 of this act
192	200		title may be operated on the streets and highways of this state .
193	201		Provided, however, when traveling on U.S. highways street-legal
194	202		utility vehicles are restricted to those pos ted at thirty-five (35)
195	203		miles per hour or less. Street-legal utility vehicles shall not be
196	204		operated on the National System of Interstate and Defense Highways
197	205		or U.S. highways. Street-legal utility vehicles shall be required
198	206		to have interstate tires, seat belts, windshields, and doors to
199	207		operate in this stat e. All street-legal utility vehicles shall be
200	208		inspected annually at a Departm ent-of-Transportation-approved
201	209		facility.
202	210		D. All-terrain vehicles shall not be operated on the streets
203	211		and highways of this state, except:
204	212		1. On unpaved roads which are located within the boundarie s of
205	213		any property of the Forest Servic e of the United States Department
206	214		of Agriculture;
207	215		2. On highways if:
208	216		a. the vehicle needs to make a direct crossing of the
209	217		highway while the ve hicle is traveling upon a
210	218		regularly traveled trail and needs to continue t ravel
211		-	from one area of the trail to an other and, if the
212		-	vehicle comes to a comple te stop, yields the right -of-
213		-	way to all oncoming traffic that constitutes an
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215		-	ENGR. S. B. NO. 427 Page 5 1
	220	+	SENATE FLOOR VERSION - SB427 SFLR Page 5
	221	+	(Bold face denotes Committee Amendments) 1
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	246	+	from one area of the trail to an other and, if the
	247	+	vehicle comes to a comple te stop, yields the right -of-
	248	+	way to all oncoming traffic that constitutes an
240	249		immediate hazard, and cr osses the highway at an angle
241	250		of approximately ninety (90) degrees to the direction
242	251		of the street or highway . This exception shall not
243	252		apply to divided highways or highways with a posted
244	253		speed limit of more than thirty -five (35) miles per
245	254		hour in the area of the crossing,
246	255		b. the vehicle needs to travel on a highway in order to
247	256		cross a railroad track. In that event, the all-
248	257		terrain vehicle may travel for n ot more than three
249	258		hundred (300) feet on a highway to cross a railroad
250	259		track,
251	260		c. the operator of the a ll-terrain vehicle making the
252	261		crossing at a highway has a valid driver lic ense, and
253	262		d. the operator of the vehic le makes a crossing on a
254	263		highway during daylight hours only;
255	264		3. On streets and highways within a municipality if the
256	265		municipal governing body h as adopted an ordinance governing the
257	266		operation of golf carts, utility veh icles or all-terrain vehicles on
258	267		streets and highways within the municipality ; or
259	268		4. On roadways within unincorporated areas of a county if those
260	269		roadways are not part of the state highway system or the National
261		-	System of Interstate and Defense Highways; provided, however, that
262		-	the driver is a licensed driver.
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264		-	ENGR. S. B. NO. 427 Page 6 1
	271	+	SENATE FLOOR VERSION - SB427 SFLR Page 6
	272	+	(Bold face denotes Committee Amendments) 1
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	297	+	System of Interstate and Defense Highways; provided, however, that
	298	+	the driver is a licensed driver.
289	299		E. Mopeds, as defined by Section 1-133.2 of this title, may be
290	300		operated on the streets and highways of this state if:
291	301		1. The municipal governing body has adopted an ordinance
292	302		governing the operatio n of mopeds on city streets; provided, such
293	303		ordinances shall include neces sary vehicle lighting and safety
294	304		requirements; or
295	305		2. The board of county commissioners of a county has appr oved
296	306		the operation of mopeds on roadways w ithin the county, not including
297	307		roadways within a municipality.
298	308		SECTION 2. This act shall become effective November 1, 2023.
299		-	Passed the Senate the 22nd day of March, 2023.
300		-
301		-
302		-
303		-	Presiding Officer of the Senate
304		-
305		-
306		-	Passed the House of Representatives the ____ day of __________,
307		-	2023.
308		-
309		-
310		-
311		-	Presiding Officer of the House
312		-	of Representatives
313		-
	309	+	COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
	310	+	February 28, 2023 - DO PASS AS AMENDED BY CS