The Wisconsin Natural Resources Board proposes an order to renumber and amend NR 64.02 (1) and 64.07 (4); to amend NR 64 (chapter title), 64.01, 64.02 (9m), 64.03 (2) (a), (3) (a) and (b), (4) to (9), (10) (a) and (b), and (b) (Note), 64.04 (1) to (3), 64.05, 64.06 (title) and (1) to (4), 64.07 (1), (2), and (3), 64.08 (intro.), (1) and (2), 64.085, 64.09 (intro.), 64.11 (1) and (2), 64.12 (4) to (6), (7) (a) (Note) and (c), 64.14 (2r) (b) 1. and 2., (5) (c) (intro.), 1., and 3., (6) (c) (diagram) 1. (purpose statement) and 3. (purpose statement) and (9) (ar) 2., 3., and 4.; to repeal and recreate NR 64.02 (2) and (3); to create NR 64.02 (1), (9m) (Note), (10m), and (16), 64.03 (11), 64.07 (1) (d), and (4) to (8), relating to all-terrain vehicles. |
LE-05-24
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Sections 23.33 (2) (p) 2., (3) (i), (6m), and (9), and 227.11 (2) (a), Wis. Stats. 2. and 3. Statutory Authority and Explanation of Agency Authority: The department has authority under s. 23.33, Wis. Stats., to promulgate administrative rules for the implementation of the all-terrain vehicle and utility terrain vehicle program. Section 23.33 (2) (a), Wis. Stats., authorizes the department to establish procedures and requirements for all-terrain vehicle and utility terrain vehicle registration. Section 23.33 (3) (i), Wis. Stats., prohibits a person from operating an all-terrain vehicle or utility terrain vehicle in a manner which violates rules promulgated by the department. Section 23.33 (6m), Wis. Stats., authorizes the department to prescribe a method for the measurement of noise emitted from an all-terrain vehicle or utility terrain vehicle. Section 23.33 (9), Wis. Stats., authorizes the department to utilize money from all-terrain vehicle and utility terrain vehicle registration to administer aids for all-terrain vehicle and utility terrain vehicle projects. Under s. 227.11, Stats., the department is authorized to promulgate rules to interpret s. 23.33, Wis. Stats., such as creating standards to allocate funding for all-terrain vehicle and utility terrain vehicle projects. In addition, general authority is granted by s. 227.11 (2) (a), Wis. Stats., to interpret the agency’s statutory authority in order to effectuate the purposes of s. 23.33, Wis. Stats. 4. Related Statutes or Rules: No related rules are currently being developed. Section 23.33, Wis. Stats., relating to all-terrain and utility terrain vehicles, is the related statute. 5. Plain Language Analysis: Chapter NR 64, Wis. Adm. Code, establishes standards for the implementation of an all-terrain vehicle and utility terrain vehicle program under s. 23.33, Wis. Stats., including registration, trail use and signage, rules of operation, public education and safety programs and funding, equipment standards, and noise limits. Chapter NR 64, Wis. Adm. Code, has not been updated since 2012 and does not address utility terrain vehicles which have come on the market since this code was created in 1986. Not updating ch. NR 64, Wis. Adm. Code, will continue to cause a lack of clarity for the general public who desire to be in compliance with the law and for law enforcement who desire enforcement certainty. Throughout this rule order, the term “utility terrain vehicle” is added where the term “all-terrain vehicle” appears in ch. NR 64, Wis. Adm. Code, to clarify that certain provisions pertaining to all-terrain vehicles also apply to utility terrain vehicles. Section-by-section details of this rule order are outlined below.
_Hlk190705452SECTIONS 1 to 7. Adds the term “utility terrain vehicles” to the chapter title and purpose and applicability section. Adds a definition for “off-highway vehicle dealer.” Amends the definitions of “all-terrain vehicle area” to include utility terrain vehicles. Clarifies that the definitions of “all-terrain vehicle,” “all-terrain vehicle route,” “all-terrain vehicle trail,” and “utility terrain vehicle” have the meanings given in statute. Clarifies the trail connection function within the definition of “hybrid trail.” SECTION 8. Changes the two-year registration period effective dates from beginning on July 1 or the date of issuance or renewal and ending on June 30 of the second year following the date of issuance or renewal, to April 1 and March 31, respectively, to conform with s. 23.33 (2) (f), Wis. Stats. Allows owners to apply for a duplicate registration or transfer a registration in the method prescribed by the department, rather than on a registration form. Eliminates the ability of authorized agents to issue duplicate registrations. Replaces outdated reference to “2-part renewal application” with “notice of registration renewal” for consistency with current registration renewal procedures.
SECTION 9. Allows the department to revoke a registration or trail pass if the fee payment cannot be processed or collected.
SECTION 10. Adds the phrase “valid temporary operating” before “receipt” to clarify that an individual may operate an all-terrain vehicle or utility terrain vehicle while in possession of a valid temporary operating receipt until permanent registration decals are received and permanently attached and displayed on the all-terrain vehicle or utility terrain vehicle.
SECTION 11. Requires utility terrain vehicle owners to notify the department of a change of address for vehicle registration.
SECTION 12. Replaces the term “all-terrain vehicle dealer” with the term “off-highway vehicle dealer,” which is created in this rule to clarify that the requirements to complete dealer applications for registration and to maintain dealer records apply to the sale of all-terrain vehicles and utility terrain vehicles.
Makes it optional, rather than required, for an off-highway vehicle dealer to complete an application that a vehicle is to be registered in another state and to mail a copy of the application to the department.
Deletes the outdated effective date provision pertaining to dealers accepting vehicles for trade that are registered in another state.
SECTION 13. Provides that operating rules and provisions pertaining to the rate of speed and operating distance from a person or object as established in s. NR 64.07, Wis. Adm. Code, also apply to utility terrain vehicles. Incorporates by reference the revised Society of Automotive Engineers Standard J1287 measurement scale for noise violations.
SECTION 14. Lists where copies and amendments of the testing standards for measurement of noise violations may be obtained.
SECTION 15. Adopts the disorderly operation standard contained in s. NR 45.05 (1) (a) 4., Wis. Adm. Code, for all-terrain vehicles and utility terrain vehicles. Supplements the rules of operation found in s. 23.33 (3) and (6) (i), Wis. Stats., by requiring that an operator or passenger in an all-terrain vehicle or utility terrain vehicle use a safety belt and eye protection. Prohibits using an all-terrain vehicle or utility terrain vehicle to tow objects bearing any person. Provides that all-terrain vehicle or utility terrain vehicle operators must maintain an unobstructed view through the windshield and windows when operating the vehicle. Establishes maximum window tint percentages for utility terrain vehicles, substantially similar to requirements for motor vehicles in s. Trans 305.32 (5), Wis. Adm. Code. SECTION 16. Provides that an owner, or other person in charge or control, may not authorize or permit operation of a utility terrain vehicle under certain circumstances.
SECTION 17. Adds utility terrain vehicles to the current administrative code provision which states that an operator or owner may not deny inspection or refuse testing of an all-terrain vehicle.
SECTION 18. Clarifies that the department-established safety certification program for all-terrain vehicles shall include utility terrain vehicles.
SECTION 19. Adds deaths resulting from utility terrain vehicle accidents to the list of deaths which coroners and medical examiners must report to the Department of Natural Resources. Requires a blood specimen to be drawn in cases of death resulting from a utility terrain vehicle accident, the same as the current requirement for death resulting from an all-terrain vehicle accident.
SECTION 20. Adds utility terrain vehicles to the public areas where the operation of all-terrain vehicles is currently allowed or prohibited.
SECTION 21. Adds utility terrain vehicles to existing administrative code provisions pertaining to maintenance funding of hybrid trails (“troutes”).
Increases the design load weight limit for bridges when determining eligibility for all-terrain vehicle trail aid to better reflect modern design standards.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal regulations apply. None of the rule proposals violate or conflict with the provisions established in the Federal Code of Regulations.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
The department held a preliminary public hearing and comment period on Statement of Scope SS 071-24 (DNR Number LE-05-24) on August 23, 2024. One individual registered in support and provided a written comment in support of updating ch. NR 64, Wis. Adm. Code, to make it more consistent with s. 23.33, Wis. Stats. 8. Comparison with Similar Rules in Adjacent States:
Illinois, Iowa, Michigan, and Minnesota all establish standards for all-terrain vehicle and utility terrain vehicle operation, similar to what is proposed in this rule order. Highlights of these regulations are as follows:
Disorderly operation: Illinois, Iowa, Michigan, and Minnesota all generally address careless and reckless operation. This rule order proposes to also include actions that are unreasonably loud, disruptive, or otherwise interfere with peace, welfare, and safety.
Eye protection: Iowa requires helmet use in designated off-highway vehicle parks; Michigan requires helmet use and eyewear for passengers and operators with some exceptions; Minnesota does not require eye protection for all-terrain vehicles but does require it for off-highway motorcycles.
Noise standards: Illinois, Iowa, Michigan and Minnesota have all adopted Society of Automotive Engineers Standard J1287, Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles. This rule order proposes to clarify that Wisconsin would adopt the most recent revised standard dated April 28, 2017, which maintains the limit of 96 decibels in current law.
