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WHERE can I ride Street Legal on Oct 1? (Read 16291 times)
Wind Bag
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Just Ride....

Posts: 1098
Sedalia CO - Marysvale UT
Gender: male
WHERE can I ride Street Legal on Oct 1?
05/02/08 at 21:06:33
Since we have two issues I think we need two threads.
This thread will be about local information on WHERE you can legally ride.

If you want info on WHAT you must do to get legal go here: Multimedia file viewing and clickable links are available for registered members only!!  You need to Login or Register!!

As you may know Utah passed SB181 making it legal for ATVs to ride on certain paved roads.
What is a bit confusing is knowing exactly which roads will be restricted.

PLEASE, before you ask questions here, read the new law.
Multimedia file viewing and clickable links are available for registered members only!!  You need to Login or Register!!

It spells out a lot of basic stuff and its really not that hard to understand.

How to know if you can ride on a road::

482 (1) (a) Except as provided in Subsection (1)(b), an all-terrain type I or type II vehicle
483 that meets the requirements of this section may be operated as a street-legal ATV on a street or
484 highway that is a highway with one lane in each direction.
485 (b) Unless a street or highway is designated as open for street-legal ATV use by the
486 controlling highway authority in accordance with Section 41-22-10.5, a person may not operate
487 a street-legal ATV on a street or highway in accordance with Subsection (1)(a) if the highway is
488 under the jurisdiction of:
489 (i) a county of the first class;
490 (ii) a municipality that is within a county of the first class; or
491 (iii) a municipality with a population of 7,500 or more people.

So get your OHV registered and inspected and you can ride it on any road with one lane in each direction.  So no freeways.  No multi-lane highways.
Just because a road has a multi-lane section going up a hill does not make it a multi-lane road.

The double negative speak in 1(b) at 485 says:
The roads inside counties or cities in counties  of "first class" status are CLOSED UNLESS the "Controlling Highway Authority" says its okay.  Expect to see signs to this effect or you should assume its closed.

Only Salt Lake County is a "first class" county.  If you want OHV routes in Salt Lake County you'll need to work on it locally.  

Also any city of 7500 or more is automatically closed.  

-You CAN cross any road closed to OHVs at a right angle.
-You CAN use any road closed to OHVs in an emergency.
-You CAN load and unload your OHV on a closed road.
-You CAN ride on a closed road if directed by the Police or other public authority.

Local authorities in cities of less than 7500 CANNOT close roads to OHVs
Local authorities CAN allow access to NON-street legal OHVs and restrict them to certain routes AND require that you keep and eye on younger riders.

41-22-10.5. Local ordinances -- Designating routes -- Supervision.
760 (1) A municipality or county may adopt ordinances designating certain streets and
761 highways under its respective jurisdiction:
762 (a) as open for street-legal all-terrain vehicle use;
763 (b) as open for general off-highway vehicle use; or
764 (c) as open for limited off-highway vehicle [routes] use to allow off-highway vehicle
765 operators to gain direct access to or from a private or public area open for off-highway vehicle
766 use.
767 (2) A municipality or a county may adopt an ordinance requiring an operator who is
768 under 16 years of age to be under the direct visual supervision of an adult who is at least 18
769 years of age while using a route designated under Subsection (1).

Lastly there is the question of how all this effects our under 16 riders.
They cannot operate the OHV on the highways.  If you need to have a street legal vehicle to go on a section of road then a person under 16 cannot ride on that road UNLESS it has been designated as open for non-street legal OHVs.  So your kids can still ride in towns like Marysvale.

41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
626 off-highway vehicles and off-highway implements of husbandry.
627 (1) A person under 16 years of age, whether resident or nonresident of this state, may
628 not operate a motor vehicle upon any highway of this state.
629 (2) This section does not apply to a person operating:
630 (a) a motor vehicle under a permit issued under Section 53-3-210, 53-3-210.5, or
631 53A-13-208;
632 (b) an off-highway vehicle registered under Section 41-22-3 either:
633 (i) on a highway designated as open for off-highway vehicle use; or
634 (ii) in the manner prescribed by [Section] Subsections 41-22-10.3(1) through (3);

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I Love Utah!

Posts: 1
Roosevelt, Utah
Gender: female
Re: WHERE can I ride Street Legal on Oct 1?
Reply #1 - 03/27/09 at 18:25:42
Where did you find the definition of the highway?  I have a county sheriff telling me that the turn lane and the added lane up the hill changes it status from a 2 lane highway.  I have read SB 181, but must be missing it!
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I Love Utah!

Posts: 377
Salt Lake City, UT
Gender: male
Re: WHERE can I ride Street Legal on Oct 1?
Reply #2 - 03/28/09 at 06:50:34
You may want to consider approaching this from the other side, try asking your county sheriff if he or she can point out where they are getting their definition of what a highway is.  It may turn out to be that the sheriff is working off of a misunderstanding of the definition and this could be a possible opportunity for them to get it right.   Wink
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Ride safe and

Posts: 220
Salt Lake City, Utah
Gender: male
Re: WHERE can I ride Street Legal on Oct 1?
Reply #3 - 03/30/09 at 11:40:13
When you look at line 484 you see that the law opens highways with one lane in each direction.  The problem isn't so much with the definition of a highway, which is specified earlier in the law, but with the interpretation of "one lane in each direction".  In conversations with the Utah Highway Patrol, their interpretation of that phrase is that a temporary passing lane or a temporary turn lane doesn't change the highway from being a highway with one lane in each direction.  However, that isn't specified in this section of code.  Also, I have not been able to find any applicable definition in other sections of the code.  So, it may be that the Sheriff is within his right in determining that a turn lane or a passing lane disqualifies that section of highway under the Street Legal provisions.  I would think that the UHP would be the State's authority, but the Sheriff may see it differently.

Probably something that should be addressed in a future Legislative session.

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