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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
off-highway vehicles; weight
Purpose
Increases, from
2,500 pounds to 3,500 pounds, the maximum unladen weight of an
all-terrain vehicle (ATV) that must register for a resident or nonresident
off-highway vehicle (OHV) user indicia. Sets the vehicle license tax (VLT) for
an ATV or OHV that has an unladen weight of more than 2,500 pounds but less
than 3,501 pounds at 50 percent of the statutorily prescribed VLT and directs the
prescribed VLT collections into the Off-Highway Vehicle Laws Enforcement Fund
(Fund).
Background
An ATV is 1) a
motor vehicle that is designed primarily for recreational nonhighway
all-terrain travel, is 50 or fewer inches in width, has a maximum unladen
weight of 1,200 pounds, travels on three or more nonhighway tires and is
operated on a public highway; or 2) a recreational OHV
that is designed primarily for recreational nonhighway all-terrain
travel, is 80 or fewer inches in width, has a maximum unladen weight of 2,500
pounds, travels on four or more nonhighway tires, has a steering wheel for
steering control, has a rollover protective structure and has an occupant
retention system (A.R.S.
§ 28-101).
A person may not operate or allow the operation of an ATV or an OHV in Arizona without either a resident or nonresident off-highway vehicle user indicia issued by ADOT, if the vehicle is designed by the manufacturer primarily for travel over unimproved terrain and has a maximum unladen weight of 2,500 pounds. A resident or nonresident OHV user indicia is valid for one year and may be renewed (A.R.S. § 28-1177).
A VLT is constitutionally imposed on vehicles registered for operation upon the highways in Arizona. The VLT, with statutorily outlined exceptions, is based on the evaluation and rate, determined by: 1) each $100 in value of the vehicle, which is, during the first 12 months of the life of the vehicle as determined by its initial registration, 60 percent of the manufacturer's base retail price of the vehicle and, for each succeeding 12-month period, 16.25 percent less than the value for the preceding 12-month period; and 2) the statutorily prescribed VLT rate for the Arizona Highway User Revenue Fund, the county General Funds, counties for any purposes related to transportation, and incorporated cities and towns. The VLT is distributed to prescribed recipients based on the percentage of each recipient's rate to the sum of all of the rates (Ariz. Const. art. 9, § 11; A.R.S. § 28-5801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from 2,500 pounds to 3,500 pounds, the maximum unladen weight of an ATV or OHV that must register for a resident or nonresident OHV user indicia.
2. Modifies the definition of ATV to increase the maximum unladen weight of an OHV from 2,500 pounds to 3,500 pounds.
3. Sets the VLT for an ATV or OHV that has an unladen weight of more than 2,500 pounds but less than 3,501 pounds at 50 percent of the statutorily prescribed VLT.
4. Requires the Director of ADOT to deposit prescribed VLT collections from an ATV or OHV that has an unladen weight of more than 2,500 pounds but less than 3,501 to be deposited into the Fund.
5. Establishes the Fund, administered by the Arizona State Parks Board (Board), consisting of monies deposited from the prescribed VLT collections from an ATV or OHV that has unladen weight of more than 2,500 pounds but less than 3,501 pounds.
6. Requires monies in the Fund to be used for the sole purpose of enforcing OHV laws in Arizona.
7. Requires the State Treasurer, on notice from the Board, to:
a) invest and divest monies into the Fund; and
b) credit monies earned from investment into the Fund.
8. Specifies that Fund monies are continuously appropriated and are exempt from lapsing.
9. Allows an occupant of an OHV with a resident or nonresident OHV user indicia and that complies with all the rules and requirements under a state trust land recreational permit to recreate for the day on state trust lands.
10. Clarifies that overnight camping is an authorized recreational activity that requires a state trust land recreational permit for occupants of an OHV with a resident or nonresident OHV user indicia.
11. Requires the Director of ADOT, within 12 months after the general effective date, to adopt rules for an OHV usage classification for ATVs or OHVs that have an unladen weight of more than 2,500 pounds but less than 3,501 pounds.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires ADOT, within 12 months of the general effective date, to adopt rules for a new OHV usage classification for OHVs that have an unladen weight between 2,500 and 3,500 pounds.
2. Requires the statutorily prescribed vehicle license tax to be reduced by 50 percent for an ATV or OHV that has an unladen weight between 2,500 and 3,500 pounds.
Amendments Adopted by Committee of the Whole
1. Sets the VLT for an ATV or OHV that has an unladen weight of more than 2,500 pounds but less than 3,501 pounds at 50 percent of the statutorily prescribed VLT.
2. Requires the Director of ADOT to deposit prescribed VLT collections from an ATV or OHV that has an unladen weight of more than 2,500 pounds but less than 3,501 to be deposited into the Fund.
3. Establishes the Fund.
4. Requires Fund monies to be used for the sole purpose of enforcing OHV laws in Arizona.
5. Requires the State Treasurer, on notice from the Board, to:
a) invest and divest monies into the Fund; and
b) credit monies earned from investment into the Fund.
6. Allows an occupant of an OHV with a resident or nonresident OHV user indicia and that complies with all the rules and requirements under a state trust land recreational permit to recreate for the day on state trust lands.
7. Clarifies that overnight camping is an authorized recreational activity that requires a state trust land recreational permit for occupants of an OHV with a resident or nonresident OHV user indicia.
8. Requires the Director of ADOT, within 12 months after the general effective date, to adopt rules for an OHV usage classification for ATVs or OHVs that have an unladen weight of more than 2,500 pounds but less than 3,501 pounds.
9. Specifies that Fund monies are continuously appropriated and are exempt from lapsing.
10. Makes conforming changes.
Senate Action
NR 2/10/26 DPA 6-2-0
Prepared by Senate Research
March 4, 2026
SB/SF/hk