CR 25-059 Rule Text

_Hlk180753214 The statement of scope for this rule, SS 071-24, was approved by the Governor on June 27, 2024, published in Register No. 823A2 on July 8, 2024, and approved by the Natural Resources Board on September 25, 2024. This rule was approved by the Governor on [insert date].

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

RENUMBERING AND AMENDING, AMENDING, AND CREATING RULES

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.

_Hlk190705452 SECTIONS 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.