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Committee backs bill to allow UTV/ATV operation on low‑speed public roads with local opt‑out and safety conditions
Summary
The Finance committee recommended Senate Bill 728 to let utility terrain vehicles and similar off‑road vehicles operate on public roads posted at 45 mph or less, with daylight‑only operation and safety equipment rules; local governments can opt out and have roads excluded on a state list.
The Senate Finance, Ways and Means Committee recommended Senate Bill 728 for passage to the calendar after hearing testimony from the Department of Safety on April 8.
The bill, sponsored in the transportation committee and carried to Finance, would allow certain off‑highway vehicles — defined in the bill as utility terrain vehicles (UTVs), all‑terrain vehicles (ATVs), low‑ and medium‑speed vehicles and similar categories — to operate on public roads whose posted speed limit does not exceed 45 miles per hour. Department of Safety staff told the committee the bill was intended to create uniform statewide rules rather than a patchwork of local exceptions.
Key conditions described in committee testimony include: daylight‑only operation; compliance with any factory‑installed safety equipment (for example, if a vehicle is manufactured with seat belts, occupants must use them); requirements for licensing and insurance equivalent to other motor vehicles; and a practical operating speed cap discussed during the hearing (committee testimony referenced a 35 mph operating cap on these vehicles when traveling on public roads). Department witnesses emphasized that interstates and the interstate system remain excluded. The department also said the statute will preserve previously adopted local exceptions established under earlier “adventure tourism” ordinances; the bill’s default is to allow operation unless a local governing body notifies the state it wishes to exclude a road or roads, in which case the Department will post a list of excluded roads on its website.
The committee engaged several senators on safety details, including whether vehicles with or without doors must keep factory‑installed safety equipment intact, whether vehicles that straddle the seat are covered, and how contract pharmacy‑style registration issues (discussed elsewhere in the hearing) differ from this bill. The Department of Safety’s Elizabeth Stroker testified the department had worked on the bill for roughly 18 months and that the statutory standard (posted speed limit <=45 mph, daylight operation, safety equipment used where present) would replace the current ad‑hoc local patchwork.
The committee voted to recommend the bill for passage to the calendar; the transcript recorded the final vote as 10 ayes, no nays.
Why it matters: The bill creates a statewide default allowing UTVs/ATVs on many local roads, while preserving local governments’ authority to exclude roads by notifying the Department of Safety. Sponsors framed the change as a practical accommodation for largely rural transportation needs; opponents raised questions about speed differentials and safety measures.
Provenance: Department of Safety testimony and committee Q&A on April 8; recorded committee vote on that day.
