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UTAH STREET LEGAL CLARIFICATION

38K views 122 replies 32 participants last post by  LONEWOLF 
#1 ·
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
 
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#4 ·
Any way to clarify the outcome of any conversation between Mr Haller and the MOAB PD? My group has several thousand bucks wrapped up in an upcoming trip to moab that will not happen if unable to unable to drive on the street. Another state that does not offer street plating is Oregon.
 
#5 ·
Any way to clarify the outcome of any conversation between Mr Haller and the MOAB PD? My group has several thousand bucks wrapped up in an upcoming trip to moab that will not happen if unable to unable to drive on the street. Another state that does not offer street plating is Oregon.
To my understanding, Chief Edge has been made aware the he was given incorrect information, I expect him to post when he finds time. But this e-mail is directly from the governing body, the same place his Information comes from, the Parks Division is the Utah authority in this matter. If you need further specifics, you should call or e-mail the parks dept, as you can see, they are very helpful, and I received a response within 24hrs.
 
#11 ·
I second this a lot, there's a time for putting the skinny pedal down, and the streets of the city aren't it. Appearance goes a long way in these matters, if there's a bunch of obnoxious idiots driving around, more people take notice and want something done about it.
 
#12 ·
Something missing from this thread is what states have reciprocity with each other. It is not mentioned by the governing body, law enforcement or anyone posting. To completely clarify this issue a list of which states recognize each other needs to stated! The parties involved make you search out this information rather than simply post it for ALL to see. So who has the answer, which states play nice and share???
 
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#13 ·
I had planned to look directly into that at some point, but haven’t found time yet. At this point, I don’t know of a state that issues street legal plates, that doesn’t honor a Utah plate in that issuing state.

No matter your state tho, wether they have street legal status or not, it’s cheap & easy to go the NM or Idaho route and you’re good to go ( provided you meet the equipment requirements)

Do keep in mind that this is independent of off highway reciprocity, if you’re NOT street legal in Utah, you need the Utah OHV premit regardless, unless you are specifically participating in an approved, organized event, such as ROTR.
 
#14 ·
Any state that you can be street legal in that also allows Utah plated vehicles the same access.
I don't know if there is a printed list, but the ones I know are: Arizona, New Mexico, Wyoming, South Dakota, Idaho, Montana and Washington.

There could be more, but if you have a question on a particular state, read their code and see if they reciprocate with other street legal states.
 
#16 ·
Question for us California guys. We get a "green sticker" for OHV. I'm coming from the jeep world and have been to moab a bunch of times. I've noticed the SxS's driving around, and it would be great to be able to do that. However it appears that there's no way to get an operating permit for the time I would visit?
 
#17 ·
I replied to you in the other thread as well. You can get a Non Resident sticker form NM or a plate from Idaho and add all the required street legal equipment ( Windshield / Eye Protection, Mirrors, Blinkers, License Plate Light, Horn etc).
 
#24 ·
Idaho use to register out of state residents plates but as of 2020 they no will no longer register non-resident plates. If you already have a Idaho plate and are a non-resident you are grandfathered in. I have had my plates through Idaho for several years now. For our up coming Moab trip I had several buddies needing plates but it was a no go for non-residents.
 
#64 ·
I am registered street legal in AZ, AND purchase the AZ OHV permit sticker.

I feel confident that I don’t need a Utah OHV permit to ride on or off road.

Prove me wrong.


Sent from my iPhone using Tapatalk
You are wrong, and you do need the $25 Utah OHV sticker to ride the trails in Utah. I know this thread is over a year old now, so you probably already know by now.
 
#36 ·
That might be a good one to E-mail Utah Parks with their specific situation just to get certain confirmation, but the way I understand it is that they will not need a Utah OHV sticker, since the NM permit will allow them to be street legal. The sticker does have to be lighted and treated like a license plate tho.
 
#39 ·
$70, varies slightly as to when it expires which is based on the first initial of your last name.

Here is link to UT non resident requirements, as of Jan 1 they no longer honor reciprocity with other states regarding OHV stickers. Below are the instructions for getting licensed and titled in SD. You have to send them your original Certificate of Origin. If you don't have it your dealer can get it for you. Your dealer also has to sign a form that shows you paid sales tax and you have to get a form notarized that you installed a horn and license plate light. Including getting the form notarized and filling out the forms it took me about an hour including taking it to the post office to mail. When they get it they will call you for credit card info they put my plate in the mail that day and I got it two days later.

 
#43 ·
I have talked to several officials in AZ and an out of state resident cannot get a license. You have to have an AZ drivers license and be a resident of AZ. Out of state residents can get the OHV sticker but you cannot ride on the roads. We will be going into Lake Havasu City and Kingman. I talked to the Kingman Police Chief and he said we had to be street legal and have a license plate.
 
#45 ·
I dont have an AZ drivers license, nor an address. I walked into the DMV in flagstaff in 2014. Gave them my Drivers License, copy of AZ insurance and two weeks later I had a plate and stickers in the mail a state away. Every year they email renewals. just saying. No trickery or fraud.
 
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