HB2763113th GA (Historical)Introduced

Amends TCA Title 55, Chapter 3; Title 55, Chapter 4 and Title 55, Chapter 8.

As described below, this bill makes the following changes with regard to the law on Class I or Class II off-highway vehicles as of January 1, 2025. OFF-HIGHWAY VEHICLES Present law authorizes any Class I or Class II off-highway vehicle registered pursuant to existing law to be operated on county roads, if the requirements of existing law are met. As used in the above provision, “Class I off-highway vehicle” means a motorized vehicle with not less than four nonhighway tires, nor more than six nonhighway tires, whose top speed is greater than 35 miles per hour, that is limited in total dry weight up to 3,500 pounds that is 80 inches or less in width measured from the outside of the tire rim to the outside of the tire rim, and that has a nonstraddle seating capable of holding at least two but no more than four passengers and a steering wheel. “Class I off-highway vehicle” also includes mini-trucks. As used in the above provision, “Class II off-highway vehicle” means any off-highway vehicle that is designed to be primarily used for recreational purposes, that has a nonstraddle seating capable of holding at least two but no more than four passengers and a steering wheel, and that is commonly referred to as a sand buggy, dune buggy, rock crawler, or sand rail. However, a “Class II off-highway vehicle” does not include a snowmobile or other vehicle designed to travel exclusively over snow or ice. This bill authorizes a Class I off-highway vehicle or Class II off-highway vehicle that is registered pursuant to existing law to be operated not only on county roads, but also state highways if the requirements of existing law are met. This bill further requires a Class I off-highway vehicle or Class II off-highway vehicle must only be operated on county roads or state highways where the posted speed limit is 55 miles per hour or less. CROSSING Existing law authorizes any Class I or Class II off-highway vehicle operated on county roads pursuant to the above law to, for the purpose of crossing from one road, field, or area of operation to another, be operated upon a state highway or other noncounty road, except upon the interstate and national defense highway system, if the following criteria are met: (1) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; (2) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway; (3) The operator yields the operator's right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and (4) Both the headlights and taillights are illuminated when the crossing is made. This bill adds state highways to the above provisions. EQUIPMENT REQUIREMENTS Present law authorizes a Class I or Class II off-highway vehicle to be operated if, while on the county roads if the vehicle is equipped with brakes, at least two taillights, stoplights, and headlights, two turn signal lamps or other devices meeting the requirements of existing law, a horn meeting the requirements of existing law, a roll bar, seat belts for each seat, a manufacturer-installed or equivalent spark arrester, a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system, and a windshield, with or without wipers; except, that if the vehicle is not equipped with a windshield, then the operator and each passenger shall wear glasses containing impact resistant lenses, safety goggles, or a transparent face shield. The operator must be at least 16 and possess a valid driver license from this state or an equivalent license from another state. This bill adds state highways to the above provisions. APPLICABLE DUTIES Present law requires every person operating a Class I or Class II off-highway vehicle upon a county road to obey all of the duties applicable to the driver of a motor vehicle under the existing law, except as to those provisions that by their nature can have no application. This bill adds state highways to this provision. EXEMPTION FROM REGISTRATION REQUIREMENTS Present law requires operation of the off-highway motor vehicles operated pursuant to the above provisions, except those registered as a Class I or Class II off-highway vehicle pursuant to existing law, and operated on county roads pursuant to the above provisions to be exempt from the registration requirements of existing law, and equipment and safety requirements of off-highway vehicles. This bill adds state highways to be included with county roads in the above provision. LICENSE Present law does not require any person to obtain a license pursuant to existing law in order to transfer, sell, or lease any Class I or Class II off-highway vehicle. This bill adds to the present law by providing that this bill does not authorize the operation on county roads or state highways of a motorcycle commonly referred to as a dirt bike, snowmobile, or other vehicle designed to travel exclusively over snow or ice, or an all-terrain vehicle or off-highway vehicle other than Class I or Class II off-highway vehicles. REQUIREMENTS Present law prohibits an off-highway motor vehicle from being operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle, is registered as a Class I or Class II off-highway vehicle and operated on county roads pursuant to existing law, is operated or driven pursuant to existing law, or is operated or driven for the purpose of crossing a highway as follows: (1) On a two-lane highway, only to cross the highway at an angle of approximately 90 degrees to the direction of the roadway and at a place where a quick and safe crossing may be made; (2) With respect to the crossing of a highway having more than two lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and (3) The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two lanes or having limited access. This bill adds state highways to the above provisions. FINANCIAL RESPONSIBILITY Present law requires an operator of a Class I or Class II off-highway vehicle to comply with existing financial responsibility law in order to operate such vehicle upon a county road in this state. This bill adds state highways to this provision. REGISTRATION Present law authorizes Class I and Class II off-highway vehicles to be registered with the department of revenue in accordance with registration and licensing of off-highway vehicle laws and operated on county roads in accordance with existing law. This bill adds state highways to this provision.

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Overview

As described below, this bill makes the following changes with regard to the law on Class I or Class II off-highway vehicles as of January 1, 2025. OFF-HIGHWAY VEHICLES Present law authorizes any Class I or Class II off-highway vehicle registered pursuant to existing law to be operated on county roads, if the requirements of existing law are met. As used in the above provision, “Class I off-highway vehicle” means a motorized vehicle with not less than four nonhighway tires, nor more than six nonhighway tires, whose top speed is greater than 35 miles per hour, that is limited in total dry weight up to 3,500 pounds that is 80 inches or less in width measured from the outside of the tire rim to the outside of the tire rim, and that has a nonstraddle seating capable of holding at least two but no more than four passengers and a steering wheel. “Class I off-highway vehicle” also includes mini-trucks. As used in the above provision, “Class II off-highway vehicle” means any off-highway vehicle that is designed to be primarily used for recreational purposes, that has a nonstraddle seating capable of holding at least two but no more than four passengers and a steering wheel, and that is commonly referred to as a sand buggy, dune buggy, rock crawler, or sand rail. However, a “Class II off-highway vehicle” does not include a snowmobile or other vehicle designed to travel exclusively over snow or ice. This bill authorizes a Class I off-highway vehicle or Class II off-highway vehicle that is registered pursuant to existing law to be operated not only on county roads, but also state highways if the requirements of existing law are met. This bill further requires a Class I off-highway vehicle or Class II off-highway vehicle must only be operated on county roads or state highways where the posted speed limit is 55 miles per hour or less. CROSSING Existing law authorizes any Class I or Class II off-highway vehicle operated on county roads pursuant to the above law to, for the purpose of crossing from one road, field, or area of operation to another, be operated upon a state highway or other noncounty road, except upon the interstate and national defense highway system, if the following criteria are met: (1) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; (2) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway; (3) The operator yields the operator's right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and (4) Both the headlights and taillights are illuminated when the crossing is made. This bill adds state highways to the above provisions. EQUIPMENT REQUIREMENTS Present law authorizes a Class I or Class II off-highway vehicle to be operated if, while on the county roads if the vehicle is equipped with brakes, at least two taillights, stoplights, and headlights, two turn signal lamps or other devices meeting the requirements of existing law, a horn meeting the requirements of existing law, a roll bar, seat belts for each seat, a manufacturer-installed or equivalent spark arrester, a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system, and a windshield, with or without wipers; except, that if the vehicle is not equipped with a windshield, then the operator and each passenger shall wear glasses containing impact resistant lenses, safety goggles, or a transparent face shield. The operator must be at least 16 and possess a valid driver license from this state or an equivalent license from another state. This bill adds state highways to the above provisions. APPLICABLE DUTIES Present law requires every person operating a Class I or Class II off-highway vehicle upon a county road to obey all of the duties applicable to the driver of a motor vehicle under the existing law, except as to those provisions that by their nature can have no application. This bill adds state highways to this provision. EXEMPTION FROM REGISTRATION REQUIREMENTS Present law requires operation of the off-highway motor vehicles operated pursuant to the above provisions, except those registered as a Class I or Class II off-highway vehicle pursuant to existing law, and operated on county roads pursuant to the above provisions to be exempt from the registration requirements of existing law, and equipment and safety requirements of off-highway vehicles. This bill adds state highways to be included with county roads in the above provision. LICENSE Present law does not require any person to obtain a license pursuant to existing law in order to transfer, sell, or lease any Class I or Class II off-highway vehicle. This bill adds to the present law by providing that this bill does not authorize the operation on county roads or state highways of a motorcycle commonly referred to as a dirt bike, snowmobile, or other vehicle designed to travel exclusively over snow or ice, or an all-terrain vehicle or off-highway vehicle other than Class I or Class II off-highway vehicles. REQUIREMENTS Present law prohibits an off-highway motor vehicle from being operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle, is registered as a Class I or Class II off-highway vehicle and operated on county roads pursuant to existing law, is operated or driven pursuant to existing law, or is operated or driven for the purpose of crossing a highway as follows: (1) On a two-lane highway, only to cross the highway at an angle of approximately 90 degrees to the direction of the roadway and at a place where a quick and safe crossing may be made; (2) With respect to the crossing of a highway having more than two lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and (3) The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two lanes or having limited access. This bill adds state highways to the above provisions. FINANCIAL RESPONSIBILITY Present law requires an operator of a Class I or Class II off-highway vehicle to comply with existing financial responsibility law in order to operate such vehicle upon a county road in this state. This bill adds state highways to this provision. REGISTRATION Present law authorizes Class I and Class II off-highway vehicles to be registered with the department of revenue in accordance with registration and licensing of off-highway vehicle laws and operated on county roads in accordance with existing law. This bill adds state highways to this provision.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
330548752235

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