Under current law, the Department of Natural Resources (DNR) administers
the laws regulating the operation and registration of all-terrain vehicles (ATVs) and
utility terrain vehicles (UTVs). This bill establishes requirements for the operation
and registration of off-highway vehicles (OHVs) that are similar to the requirements
that apply under current law to ATVs and UTVs. The bill defines an OHV as a
four-wheel drive vehicle that has a ground clearance of at least seven inches, and
that is designed for use off of a highway, regardless of whether it is also designed for
use on a highway. The bill defines ground clearance as the distance between the base
of an off-highway vehicle tire and the underside of the chassis of the off-highway
vehicle. The bill excludes ATVs, UTVs, watercraft, and motorcycles from the
definition of an OHV.

This bill requires DNR to encourage and supervise a system of OHV trails in
the same manner that DNR is required under current law to encourage and
supervise a system of ATV trails. The bill allows DNR to establish standards and
procedures for certifying the designation of OHV trails. As under current law
applicable to ATV trails, this bill allows a county, city, village, or town or DNR to
designate corridors through land that it owns or controls for use as OHV trails. The
bill also requires DNR to prepare maps that identify each OHV trail in this state.

This bill creates two classes of OHVs. Under the bill, a Class A OHV is an OHV
that qualifies for registration by the Department of Transportation (DOT) under the
laws that regulate the operation of vehicles on highways. A Class B OHV is generally
one that may not be operated on a highway and that does not qualify for registration
by DOT. With certain limited exceptions, the bill requires any person who operates
an OHV on an OHV trail or other established public off-highway vehicle corridor to
register the OHV with DNR and to pay an annual registration fee. The fee for
registration of a Class A OHV is $50 and the fee for registration of a Class B OHV
is $100. The bill also requires a person who is a Class B OHV manufacturer, dealer,
distributor, or renter to register with DNR and obtain a commercial OHV certificate.
Any person who registers an OHV with DNR must include the name and address of
every owner of the OHV.

This bill authorizes DNR to appoint an agent to accept OHV registration
applications on behalf of DNR in the same manner as DNR is authorized to appoint
agents to register ATVs and UTVs. As with ATV and UTV registration, the agent is
entitled to collect, and retain a portion of, a service fee for providing registration
services.

Current law establishes a registration program under which the Lac du
Flambeau band of Lake Superior Chippewa may issue registration certificates for

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ATVs and UTVs that are equivalent to the registration certificates issued by DNR.
This bill establishes a similar registration program for OHV registration under
which the Mole Lake band of Lake Superior Chippewa, in addition to the Lac du
Flambeau band, may issue registration certificates that are similar to the OHV
registration certificates issued by DNR.

This bill prohibits any person from operating a Class B OHV unless the Class
B OHV meets certain requirements. Those requirements include having a minimum
of four wheels, being propelled by an electric or internal combustion engine, having
a frame-mounted roll cage, having a permanently affixed blaze orange safety flag,
and having permanently mounted seats that are equipped with safety belts. The bill
also prohibits a person from manufacturing, selling, renting, or operating a Class B
OHV in such a manner that it exceeds specified noise limits.

The bill prohibits any person from operating a Class B OHV, or a Class A OHV
that is not registered by DOT, on public property unless the person operates the OHV
on an OHV trail. To operate such an OHV on private property, the operator must
obtain the consent of the property owner.

Under this bill, a person must obtain an operator's license from DOT to operate
an OHV. Current law does not require a person to hold an operator's license to
operate an ATV or UTV. The bill also prohibits a person from operating an OHV on
an OHV trail at a speed greater than the posted speed limit or, if no speed limit is
posted, at a speed greater than 20 miles per hour.

Under this bill, only a person who is at least 16 years old may operate an OHV
on an OHV trail. The bill provides that if the operator is 16 or 17 years old, he or she
may not operate an OHV on an OHV trail unless he or she is accompanied by another
person who is at least 18 years old operating an OHV. Finally, if the operator is a
person born on or after December 31, 1993, he or she must hold a valid safety
certificate to operate the OHV on an OHV trail. This bill requires DNR to establish
a program of instruction on OHV laws and to issue certificates to persons who
successfully complete the program. These requirements are similar to the
requirements that apply under current law concerning programs of instruction on
ATV and UTV laws.

This bill prohibits a person from operating an OHV while under the influence
of an intoxicant and requires an OHV operator to submit to certain screening tests
if a law enforcement officer has probable cause to believe that the operator is
violating or has violated the law prohibiting the intoxicated operation of an OHV.
These provisions are similar to the provisions in current law relating to the operation
of an ATV or UTV while under the influence of an intoxicant.

This bill creates an OHV council (council) consisting of five members who are
knowledgeable in the recreational use of OHVs. The bill requires DNR to distribute
any rule that it proposes that affects the operation of OHVs to each member of the
council for review and comment. The bill also requires DNR to consult with the
council on proposed changes for the succeeding biennium in the appropriations and

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laws that affect OHVs and requires the council to meet to review the provisions
affecting OHVs that are included in each executive budget bill.

This bill also requires DNR to establish a program to award grants to
organizations that promote the operation of OHV vehicles in a manner that is safe
and responsible and that does not harm the environment. An organization that
receives a grant under this program must use the grant moneys to promote and
provide support to the program of instruction on OHV laws.

Under this bill, DNR must also promulgate rules to establish a damage claim
program to pay claims to owners of property damaged by the unauthorized operation
of OHVs.