Pursuant to s. 23.335(6)(d)3, Stats., “[t]he department shall establish by rule procedures for the issuance of nonresident trail passes and temporary trail use receipts and the department may promulgate rules regulating the activities of persons who are appointed to be sales agents under this paragraph.” Section 23.335(1)(zdm), Stats., provides that “‘[p]roof’ when used in reference to a registration document, safety certificate nonresident trail pass, or temporary trail pass means. . . or any alternative form of proof designated by rule under s. 23.47(1).” Pursuant to s. 23.47(1), Stats., “[t]he department may designate, by rule, forms of acceptable proof of the following items . . . [a] registration document, safety certificate, nonresident trail pass, or temporary trail use receipt under s. 23.335.” Under s. 23.335(2)(b)5, Stats., “[t]he off-highway motorcycle is specified as exempt from registration by department rule.”
Pursuant to s. 23.335(6)(b), Stats.: “[t]he Department may promulgate a rule to exempt off-highway motorcycles that are exempt from registration under sub.(20)(b)5 from having nonresident trail passes or temporary trail use receipts displayed . . . or may promulgate a rule to exempt owners from such vehicles from having to pay any applicable nonresident trail pass fee.” Pursuant to s. 23.335(7)(c), Stats., the Department may promulgate rules to establish minimum standards for instructions given to first time operators of a rented or leased off-highway motorcycle. Section 23.335(9)(a)10., Stats., states: “No person who is operating an off-highway motorcycle off a highway may . . .[o]perate the off-highway motorcycle in a manner which violates rules promulgated by the department. This subdivision does not authorize the Department to promulgate or enforce a rule that imposes a speed restriction that is more stringent than a speed restriction specified in this chapter.” Pursuant to s. 27.01(2)(j), Stats., the Department shall “[p]romulgate rules necessary to govern the conduct of state park visitors, and for the protection of state park property, or the use of facilities, . . . and the use of roads, trails or bridle paths.” Pursuant to s. 23.335(19)(a), Stats., the Department “may establish standards and procedures for designating off-highway motorcycle trails and off-highway motorcycle routes under the jurisdiction of the department.” Pursuant to s. 23.335(19)(e), Stats., the Department shall establish uniform signs for off-highway motorcycle routes and trails in cooperation with the department of transportation. Pursuant to ss. 23.335(15) and (20), Stats., establish a program to award grants to organizations. Determine the standards to be used when the Department is an applicant for grants. Create a system to allocate the appropriations under s. 20.370(1(jb), Stats., between the safety grant of s. 23.335(15) and the enforcement activity and project funding of s. 23.335(20), Stats. While rulemaking is not specifically referenced in this subsection, a directive to establish a program to award grants must by necessity involve rulemaking. Section 23.335(17)(c), Stats., states that “[n]o person may operate a limited use off-highway motorcycle . . . in such a manner. . . . that the noise . . . does not exceed 96 decibels on the A scale as measured in the manner required under rules promulgated by the department.” Under s. 227.11, Stats., the Department is authorized to promulgate rules to interpret s. 23.335, Stats., such as defining terms not included in the statute, creating a purpose section, clarifying registration and trail pass procedures and other administrative provisions needed to effectuate the purpose of the statute. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Approximately 1000 hours will be needed by the Department. This will include drafting the scope statement and proposed rule along with the supporting documentation needed for approval. In addition, time will be spent working with the Off-highway Motorcycle Council and user groups and holding public hearing(s) to obtain input from the public. Appearances before the Natural Resources Board will be required for scope statement approval, authorization to hold public hearings and final approval. Because this rule involves multiple department programs, (law enforcement, licensing and grants) meeting and coordination among representatives of those programs will be required. The Department’s rule coordinator will be involved to assist in publication of required notices and submission of the various requests for approval. Department legal counsel will assure compliance with the requirements of ch. 227, Stats. 6. List with description of all entities that may be affected by the proposed rule:
This rule will primarily impact users of off-highway motorcycles and those who sell these machines. There are two organizations in the state that are solely dedicated to issues involving off-highway motorcycles: the Wisconsin Off-Highway Motorcycle Association and the Off-Highway Motorcycle Council created by s. 15.347(10), Stats. The grant portions of this rule may impact local and state units of government that are interested in obtaining grants for the purpose of acquiring or improving lands for off-highway motorcycle routes and trails. While the proposed rule does not directly authorize the use of off-highway motorcycles at any location, its provisions may ultimately enhance the number of off-highway motorcycles on trails and routes that are often shared with other users. Consistent with s. 23.335(19)(e), Stats., the Wisconsin Department of Transportation will be consulted when the uniform signs and standards for routes and trails are created. 7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There are federal noise standards for the manufacture of off-highway motorcycles. The testing procedures for these standards are found in the Appendix to 40 CFR § 205.152. The rule will assure that the federal and state testing procedures are consistent. The Department will also assure that any highway related signs created as a result of this rule are consistent with the Federal Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) published under 23 CFR § 655 Subpart F. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
At present the statutory registration and trail pass requirements generate approximately $40,000 per year. This rule will not significantly alter that amount. Revenue is expected to slowly increase with an established mechanism for the use of agents to sell trail passes and with expanded riding opportunities as a result of the grant programs implemented by this rule. Small businesses are not eligible for the grant program as established by the legislation. Small businesses will receive some benefit (.50 cents per transaction) from clarified procedures for registration and trail pass agents. There may also be some indirect benefits to local communities and small businesses from the creation of off-highway motorcycle facilities as a result of the grant programs. The exact value of these benefits is undetermined.
The admininstrative cost of this rule is anticipated to be less than $20,000. This may include council meeting expenses and part-time labor to assist with program administration. Costs to the state would be nominal and could be covered by program revenues. Additional DNR staff time will be required to establish and run this program, some of which is generated in part by this rule, (e.g., additional requirements for the sale of registrations and trail passes, setting up and running the grant program, safety instruction, and enforcement of noise limits); permanent staff time is expected to be absorbed into the current work schedules.
No additional costs are expected for motorcyclists to comply with the requirements of this rule as the underlying requirements are statutory.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding one hearing in Madison with a simultaneous broadcast to DNR regional offices to obtain statewide comments. The Department anticipates the hearing will take place in the late summer of 2019.
Contact Person: Brigit Brown, 608-266-2183
Daniel L. Meyer, Secretary
Date Submitted
