Below is my e-mail exchange with the Utah Division of State Parks & Recreation. Hopefully this clears up any confusion for a lot of people, and if you have any further questions specific to your situation, I highly encourage you to e-mail the Parks Division for any clarification you may need. OHVEDUCATION@UTAH.GOV is the contact e-mail.
Hello,
I am a moderator on the RZRForums.net online discussion forum, and recently, Chief Brett Edge of the Moab Police Department was asked to clarify some laws regarding OHV operation on the streets of Utah. Most notably to the topic of out of state reciprocity. Below is a link to Chief Edge's post(s) in that forum thread:
OHV Q&A w/ the Moab City Police Department
This raises many concern to the members of the forum, and I have also seen numerous discussions elsewhere on social media and other internet forums about this topic, so I am writing to obtain clarification from the source. Could you please clearly answer the following questions in regards to this topic?
1. Does the OHV have to be registered in the owner's HOME STATE to be recognized as street legal in Utah? (Example that many use: Colorado does not allow OHV's on the street, and many have obtained a non-resident permit from New Mexico, Idaho, or South Dakota to be able to drive on the street in Utah. South Dakota & Idaho will issue a license plate to non-residents, NM will issue a green "On-Highway" Sticker. Many have used these means to be legal in Utah in previous years, since their home state does not allow, or issue, Street legal OHV registration ) Please elaborate as much as possible as this is the prime topic of discussion. A reference to the legal code or statute that specifically states that the OHV must be registered in the Owners' Home State, and that state must allow Street Legal OHV's, would be extremely helpful if the answer says as such.
2. If an OHV is registered as street legal from a state in which Utah recognizes reciprocity with (IE: New Mexico), does that OHV need the Utah OHV sticker to travel OFF ROAD? (Example Chief Edge gave is that no, they do not since they are recognized as street legal, the do not need a separate OHV permit)
3.Are there any special exemptions for special events, such as the Rally on the Rocks event in Moab, to either of the above questions?
Any further clarification or elaboration on any and all OHV street legal registration and reciprocity would be greatly appreciated. We do understand the requirements for the equipment needed on the OHV to be allowed on the highway, but the registration and reciprocity seems to still be a bit of a gray area with many asking for clarification as to where this is written in Utah Law. The below is an excerpt from the Utah OHV Street Legal Code that is commonly referenced, which makes no mention of the owner's home state clause as Chief Edge has mentioned:
(5)
(a) A nonresident operator of an off-highway vehicle that is authorized to be operated on the highways of another state has the same rights and privileges as a street-legal ATV that is granted operating privileges on the highways of this state, subject to the restrictions under this section and rules made by the Board of Parks and Recreation, if the other state offers reciprocal operating privileges to Utah residents.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating privileges for nonresident users granted under Subsection (5)(a).
(6) Nothing in this chapter restricts the owner of an off-highway vehicle from operating the offhighway vehicle in accordance with Section 41-22-10.5.
Thank you in advance for any assistance with this clarification.
-Richard Bodiford
RZRForums.net Moderator/Representative
Response from Parks Division:
Richard,
Thank you for taking the time to reach out to the Utah Division of State Parks and Recreation Off-Highway Vehicle Program. We hope to provide fulfilling answers to the questions you have asked.
1. Our off-highway vehicle program coordinator, Chris Haller has provided inaccurate information interpreted by our Program and he would like to clear that misinformation, along with apologizing for any confusion. There is nothing in Utah street-legal ATV law that mentions "home state" and Mr. Haller will continue conversations with Cheif Edge.
The exact section of Utah Code is 41-6a-1509 (5)(a) A nonresident operator of an off-highway vehicle that is authorized to be operated on the highways of another state has the same rights and privileges as a street legal ATV that is granted operating privileges on the highways of this state, subject to the restrictions under this section and rules made by the Board of Parks and Recreation, if "other state offers reciprocal operating privileges to Utah residents".
2. There are two things, the Utah non-resident off-highway vehicle permit is only applicable to off-highway vehicles. If a machine is registered as street legal from a state that offers reciprocity with Utah resident then it is technically considered a "passenger vehicle" and no longer falls under the category of off-highway vehicle (OHV).
3. When it comes to events, operators are not required to purchase a Utah non-resident OHV permit on the day/days of the event. (R651-634-1 (4) Provisions of this rule shall not apply to off-highway vehicles exempt under 41-22-35(1)(b)(i) or to off-highway vehicles participating in scheduled competitive events sponsored by a public or private entity, or in noncompetitive events sponsored in whole or in part by any governmental entity; or to Street Legal All-terrain Vehicles as defined in 41-6a-102(61), and registered for highway use in a state that offers reciprocal highway operating privileges to Utah residents operating Street Legal All-Terrain vehicles). If they ride outside of the event, regardless of the day, they will be required to purchase a Utah non-resident OHV permit unless their machine has street-legal reciprocity with Utah. Please refer to the answer in question 1 for street-legal code 41-6a-1509 (5)(a).
If you have any other questions or concerns, please reach out to the Division at any time.
Thank you,
Rachel Toker
@07turbo @American Rock Rods @Scott G @dunerinaz @White Lightning 19 @02Fatboy @Denver @fishdog7 @RZR_Joe @Buster 50 @jacksonjack @SpdBump @RZRPLAYER @Reno92 @winglessbob @arizona trailboss @AJsRZR @oakvas @craigstumph @Wheel @darryls_rzr @jmay
Hello,
I am a moderator on the RZRForums.net online discussion forum, and recently, Chief Brett Edge of the Moab Police Department was asked to clarify some laws regarding OHV operation on the streets of Utah. Most notably to the topic of out of state reciprocity. Below is a link to Chief Edge's post(s) in that forum thread:
OHV Q&A w/ the Moab City Police Department
This raises many concern to the members of the forum, and I have also seen numerous discussions elsewhere on social media and other internet forums about this topic, so I am writing to obtain clarification from the source. Could you please clearly answer the following questions in regards to this topic?
1. Does the OHV have to be registered in the owner's HOME STATE to be recognized as street legal in Utah? (Example that many use: Colorado does not allow OHV's on the street, and many have obtained a non-resident permit from New Mexico, Idaho, or South Dakota to be able to drive on the street in Utah. South Dakota & Idaho will issue a license plate to non-residents, NM will issue a green "On-Highway" Sticker. Many have used these means to be legal in Utah in previous years, since their home state does not allow, or issue, Street legal OHV registration ) Please elaborate as much as possible as this is the prime topic of discussion. A reference to the legal code or statute that specifically states that the OHV must be registered in the Owners' Home State, and that state must allow Street Legal OHV's, would be extremely helpful if the answer says as such.
2. If an OHV is registered as street legal from a state in which Utah recognizes reciprocity with (IE: New Mexico), does that OHV need the Utah OHV sticker to travel OFF ROAD? (Example Chief Edge gave is that no, they do not since they are recognized as street legal, the do not need a separate OHV permit)
3.Are there any special exemptions for special events, such as the Rally on the Rocks event in Moab, to either of the above questions?
Any further clarification or elaboration on any and all OHV street legal registration and reciprocity would be greatly appreciated. We do understand the requirements for the equipment needed on the OHV to be allowed on the highway, but the registration and reciprocity seems to still be a bit of a gray area with many asking for clarification as to where this is written in Utah Law. The below is an excerpt from the Utah OHV Street Legal Code that is commonly referenced, which makes no mention of the owner's home state clause as Chief Edge has mentioned:
(5)
(a) A nonresident operator of an off-highway vehicle that is authorized to be operated on the highways of another state has the same rights and privileges as a street-legal ATV that is granted operating privileges on the highways of this state, subject to the restrictions under this section and rules made by the Board of Parks and Recreation, if the other state offers reciprocal operating privileges to Utah residents.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating privileges for nonresident users granted under Subsection (5)(a).
(6) Nothing in this chapter restricts the owner of an off-highway vehicle from operating the offhighway vehicle in accordance with Section 41-22-10.5.
Thank you in advance for any assistance with this clarification.
-Richard Bodiford
RZRForums.net Moderator/Representative
Response from Parks Division:
Richard,
Thank you for taking the time to reach out to the Utah Division of State Parks and Recreation Off-Highway Vehicle Program. We hope to provide fulfilling answers to the questions you have asked.
1. Our off-highway vehicle program coordinator, Chris Haller has provided inaccurate information interpreted by our Program and he would like to clear that misinformation, along with apologizing for any confusion. There is nothing in Utah street-legal ATV law that mentions "home state" and Mr. Haller will continue conversations with Cheif Edge.
The exact section of Utah Code is 41-6a-1509 (5)(a) A nonresident operator of an off-highway vehicle that is authorized to be operated on the highways of another state has the same rights and privileges as a street legal ATV that is granted operating privileges on the highways of this state, subject to the restrictions under this section and rules made by the Board of Parks and Recreation, if "other state offers reciprocal operating privileges to Utah residents".
2. There are two things, the Utah non-resident off-highway vehicle permit is only applicable to off-highway vehicles. If a machine is registered as street legal from a state that offers reciprocity with Utah resident then it is technically considered a "passenger vehicle" and no longer falls under the category of off-highway vehicle (OHV).
3. When it comes to events, operators are not required to purchase a Utah non-resident OHV permit on the day/days of the event. (R651-634-1 (4) Provisions of this rule shall not apply to off-highway vehicles exempt under 41-22-35(1)(b)(i) or to off-highway vehicles participating in scheduled competitive events sponsored by a public or private entity, or in noncompetitive events sponsored in whole or in part by any governmental entity; or to Street Legal All-terrain Vehicles as defined in 41-6a-102(61), and registered for highway use in a state that offers reciprocal highway operating privileges to Utah residents operating Street Legal All-Terrain vehicles). If they ride outside of the event, regardless of the day, they will be required to purchase a Utah non-resident OHV permit unless their machine has street-legal reciprocity with Utah. Please refer to the answer in question 1 for street-legal code 41-6a-1509 (5)(a).
If you have any other questions or concerns, please reach out to the Division at any time.
Thank you,
Rachel Toker
@07turbo @American Rock Rods @Scott G @dunerinaz @White Lightning 19 @02Fatboy @Denver @fishdog7 @RZR_Joe @Buster 50 @jacksonjack @SpdBump @RZRPLAYER @Reno92 @winglessbob @arizona trailboss @AJsRZR @oakvas @craigstumph @Wheel @darryls_rzr @jmay