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Utah’s new law will impose educational requirements on OHV users starting in 2023. HB 180 was welcomed by many in the state when it was passed at the state legislature’s general meeting in 2022: OHV advocates, people concerned about urban noise, and those affected. in relation to the protection of rural ecosystems all agree that knowledge must be the bedrock of resource protection and good relations of user groups.
However, changes are planned to the bill for the 2023 general session that would eliminate educational requirements for operators of street-legal OHVs, according to Chris Nelson, director of Huntington, Millsite, and Scofield State. Parks. Nelson briefed commissioners and the public on House Bill 180 before the General Accounting Commission’s November meeting.
“We were completely sold on the language of the law that was passed and is applicable [to street-legal OHVs],” said County Attorney Christina Sloan, adding that several County staff members were involved in creating an online educational course on HB 180 and thought it would apply to all OHV users.
What’s in the bill?
Sponsored by Carl Albrecht, who represents part of Grand County, and Senator Curtis Bramble, HB 180 requires a person operating an OHV to complete an online education course, requiring violators to OHV laws to do social work to repair the damage caused in the area. violation occurred, additional amendments and changes were made to the OHV regulations.
Nelson began his presentation outlining the state’s areas of concern for OHV operators and their behavior: safety, which he called the state’s “number one concern”; interference; environmental and private property damage; local problems; and congregate in famous places.
HB 180 is intended to address those concerns.
“Our focus is teaching, learning, learning,” Nelson said more than once during the conference.
The required course will be online and accessible from anywhere. It’s not yet available to the public, but Nelson said the sample he took was about 30 minutes long, and it was exciting and relevant.
“It’s one time in life—so once you do it, you’re good for life,” Nelson said.
OHV guides do not take the required course (unless they operate OHV on their own time; in that case, they must complete the course), and guided tour participants do not follow the course.
When OHV owners renew their OHV registration, a black and white license plate is issued and displayed on the back of the vehicle. This will make enforcement easier, as reporting agencies will be able to provide license plate numbers when calling in violations.
“This applies to both residents and non-residents, so it doesn’t matter where you were born, where you grew up, or where you live,” said Nelson.
A key change
When Nelson spoke about the bill, several participants in the meeting pointed out that the points in his presentation contradict the bill that has been published so far. Nelson agreed that was true, explaining that since the original HB 180 was passed, the Division of Outdoor Recreation has appointed a new OHV Program Director, Chase Pili.
“Since he came in, he has been cooperative [legislators] so… we made this bill, and the wording in this bill, to make it better and easier to follow,” Nelson said.
One of the proposed changes, which will be considered in the 2023 convention, is the exclusion of “legal” vehicles—including street-legal OHVs, such as Jeeps, 4Runners, and sidecars or UTVs—from off-roaders. -legal OHVs. Drivers of legal vehicles are not required to take a new education course.
“What I’m hearing you say today is, if you’re OHV-legal, don’t you have to take this test?” Commissioner Mary McGann asked.
“That’s right. You have to have a driver’s license,” Nelson said. McGann said he thinks drivers of street-legal OHVs should be equally educated as drivers of non-legal OHVs.
“This doesn’t look good to me,” McGann said. “What’s the reason behind it?”
Nelson explained that there must be a clear way to define the law that the group must follow the program. It’s hard to argue that a street-legal OHV user operating on the roads should follow the course, for example, without being asked to do the same as a street-legal Jeep using the same road. .
“This is part of the registration process,” said Nelson.
The other commissioners were surprised and disappointed.
“The most important thing, when we look at these concerns, is the disruption to the neighborhood, for us in the County,” said Commissioner Trisha Hedin. “We’re just competing with this flood, and our citizens are very worried, but—it’s not happening.”
OHV investors also weighed in. High Point Hummer owner Scott McFarland said he was initially asked to participate in the creation of the education program, and felt pushed aside.
“Now I know why,” he said. “There are a lot of changes, and the changes are not good. I think the idea is very clear, we need education. We want the education that is needed.
McFarland also said it doesn’t make sense for him to exempt leaders from educational requirements.
“He’s the smartest guy on the road,” he said. “That’s your specialty.”
Other participants felt that it should be done more than once in the life of the course, noting that technology, rules and regulations change over time. Others wanted better administration of the course exam, to prevent cheating. Participants also talked about how the state is trying to spread the word about the new requirements to users in other states, who must follow Utah’s laws when they travel to the state.
Meanwhile, the version of the bill passed in 2022 will take effect at the beginning of the year.
“These changes that have happened or are coming will not be possible until the legislative session, which is February,” said Nelson.
Sloan believes the best way to communicate the needs of the county to the legislature is to work with the bill’s sponsors.
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