An Act

amendingsections 4-251, 28-1171, 28-1174, 28-1179 and 28-3151, Arizona RevisedStatutes; relating to vehicles.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 4-251, Arizona RevisedStatutes, is amended to read:

START_STATUTE4-251. Spirituous liquor in motor vehicles; prohibitions; violation;classification; exceptions; definitions

A. It is unlawful for any person to:

1. Consume spirituous liquor while operating orwhile within the passenger compartment of a motor vehicle that is located onany public highway or right-of-way of a public highway in thisstate.

2. Possess an open container of spirituous liquorwithin the passenger compartment of a motor vehicle that is located on anypublic highway or right-of-way of a public highway in this state.

B. A person who violates subsection A of thissection is guilty of a class 2 misdemeanor.

C. This section does not apply to:

1. A passenger in any bus, limousine, taxi ortransportation network company vehicle as defined in section 28-9551while the vehicle is being used to provide transportation network services asdefined in section 28-9551.

2. A passenger in the living quarters of a motorhome as defined in section 28-4301.

D. For the purposes of this section:

1. "Motor vehicle":

(a) Meansany vehicle that is driven or drawn by mechanical power and thatis designed primarily for use on public highways a self-propelledvehicle. Motor vehicle

(b) Doesnot include a vehicle operated exclusively on rails or water.

2. "Open container" means any bottle, can,jar, container dispensed pursuant to section 4-244, paragraph 32,subdivision (c) or other receptacle that contains spirituous liquor and thathas been opened, has had its seal broken or the contents of which have beenpartially removed.

3. "Passenger compartment" means the areaof a motor vehicle designed for the seating of the driver and other passengersof the vehicle. Passenger compartment includes an unlocked glove compartmentand any unlocked portable devices within the immediate reach of the driver orany passengers. Passenger compartment does not include the trunk, alocked glove compartment or the area behind the last upright seat of a motorvehicle that is not equipped with a trunk.

4. "Public highway or right-of-wayof a public highway" means the entire width between and immediatelyadjacent to the boundary lines of every way maintained by the federalgovernment, this state or a county, city or town if any part of the way isgenerally open to the use of the public for purposes of vehicular travel. END_STATUTE

Sec. 2. Section 28-1171, Arizona RevisedStatutes, is amended to read:

START_STATUTE28-1171. Definitions

In this article, unless the context otherwise requires:

1. "Access road" means a multiple usecorridor that meets all of the following criteria:

(a) Is maintained for travel by two-wheelvehicles.

(b) Allows entry to staging areas, recreationalfacilities, trail heads and parking.

(c) Is determined to be an access road by theappropriate land managing authority.

2. "Closed course" means a maintainedfacility that uses department approved dust abatement and fire abatementmeasures.

3. "Highway" means the entire widthbetween the boundary lines of every way publicly maintained by the federalgovernment, the department, a city, a town or a county if any part of the wayis generally open to the use of the public for purposes of conventionaltwo-wheel drive vehicular travel. Highway does not include routesdesignated for off-highway vehicle use.

4. "Mitigation" means the rectification orreduction of existing damage to natural resources, including flora, fauna andland or cultural resources, including prehistoric or historic archaeologicalsites, if the damage is caused by off-highway vehicles.

5. "Off-highway recreation facility"includes off-highway vehicle use areas and trails designated for use byoff-highway vehicles.

6. "Off-highway vehicle":

(a) Means a motorized vehicle that is operatedprimarily off of highways and that is designed, modified or purpose-builtprimarily for recreational nonhighway all-terrain travel.

(b) Includes a tracked or wheeled vehicle, utility vehicle recreational or utility side-by-sidevehicle, all-terrain vehicle, motorcycle, four-wheeldrive vehicle dirt bike, dune buggy, sand rail,amphibious vehicle, ground effects or air cushion vehicle and any other meansof land transportation deriving motive power from a source other than muscle orwind. for the purposes of this subdivision, "dirtbike" means a lightweight motorcycle that is designed for use on roughTERRAIN, including unsurfaced roads or tracks.

(c) Does not include a vehicle that is either:

(i) Designed primarily for travel on, over or in thewater.

(ii) Used in installation, inspection, maintenance,repair or related activities involving facilities for the provision of utilityor railroad service or used in the exploration or mining of minerals oraggregates as defined in title 27.

7. "Off-highway vehicle specialevent" means an event that is endorsed, authorized, permitted or sponsoredby a federal, state, county or municipal agency and in which the eventparticipants operate off-highway vehicles on specific routes or areasdesignated by a local authority pursuant to section 28-627.

8. "Off-highway vehicle trail" meansa multiple use corridor that is both of the following:

(a) Open to recreational travel by an off-highwayvehicle.

(b) Designated or managed by or for the managingauthority of the property that the trail traverses for off-highwayvehicle use.

9. "Off-highway vehicle use area"means the entire area of a parcel of land, except for approved buffer areas,that is managed or designated for off-highway vehicle use. END_STATUTE

Sec. 3. Section 28-1174, Arizona RevisedStatutes, is amended to read:

START_STATUTE28-1174. Operation restrictions; violation; classification; citation

A. A person shall not drive may not operate or allow a minor who is under twelve years of age tooperate an off-highway vehicle:

1. With reckless disregard for the safety of personsor property.

2. Off of an existing road, trail or route in amanner that causes damage to wildlife habitat, riparian areas, cultural ornatural resources or property or improvements.

3. On roads, trails, routes or areas closed asindicated in rules or regulations of a federal agency, this state, a county ora municipality or by proper posting if the land is private land.

4. Over unimproved roads, trails, routes or areasunless driving on roads, trails, routes or areas where such driving is allowedby rule or regulation.

B. A person shall drive operate or allow a minor who is under twelve years of age to operatean off-highway vehicle only on roads, trails, routes or areas that are openedas indicated in rules or regulations of a federal agency, this state,  or a county or a municipality.

C. A person shall not operate orallow a minor who is under twelve years of age to operate an off-highwayvehicle in a manner that damages the environment, including excessive pollutionof air, water or land, abuse of the watershed or cultural or natural resourcesor impairment of plant or animal life, where it is prohibited by rule,regulation, ordinance or code.

D. A person shall not place or remove a regulatorysign governing off-highway vehicle use on any public or state land. Thissubsection does not apply to an agent of an appropriate federal, state, county,town or city agency operating within that agency’s authority.

E. except as provided in subsection iof this section, a person who violates subsection A, paragraph 1 isguilty of a class 2 misdemeanor.

F. except as provided in subsection iof this section, a person who violates any other provision of thissection is guilty of a class 3 misdemeanor.

G. In addition to or in lieu of a fine pursuant tothis section, a judge may order the person to perform at least eight but notmore than twenty-four hours of community restitution or to complete anapproved safety course related to the off-highway operation of motor vehicles,or both.

H. Subsections A and B of thissection do not prohibit a private landowner or lessee from performingnormal agricultural or ranching practices while operating an all-terrainvehicle or an off-highway vehicle on the private or leased land.

I. If a minor who is under twelveyears of age violates this section, a citation shall be issued to the parent orlegal guardian of the minor and not to the minor. If a minor who is at leasttwelve years of age and under sixteen years of age violates this section, acitation may be issued to the minor or to the parent or legal guardian of theminor, but not to both. END_STATUTE

Sec. 4. Section 28-1179, Arizona RevisedStatutes, is amended to read:

START_STATUTE28-1179. Off-highway vehicle equipment requirements; rule making; exception

A. An off-highway vehicle in operation in this stateshall be equipped with all of the following:

1. Brakes adequate to control the movement of thevehicle and to stop and hold the vehicle under normal operating conditions.

2. Lighted headlights and taillights that meet orexceed original equipment manufacturer guidelines if operated between one-halfhour after sunset and one-half hour before sunrise.

3. Except when operating on a closed course, eithera muffler or other noise dissipative device that prevents sound aboveninety-six decibels. The director shall adopt the current sound measurementstandard of the society of automotive engineers for all-terrain vehicles andmotorcycles and the current sound measurement standard of the internationalorganization for standardization for all other off-highway vehicles.

4. A spark arrestor device that is approved by theUnited States department of agriculture and that is in constant operationexcept if operating on a closed course.

5. A safety flag thatis at least six by twelve inches and that is attached to the off-highwayvehicle at least eight feet above the surface of level ground, if operated onsand dunes or in areas designated by the managing agency.

B. A person who is under eighteen years of age maynot operate an off-highway vehicle or ride on be an off-highway vehicle passenger on public or state land unless the person is wearing a protective headgearhelmet that is properly fitted and fastened, that is designed for motorizedvehicle use and that has a minimum United Statesdepartment of transportation safety rating.

C. A person may not allow a personwho is under eighteen years of age to operate an off-highway vehicle orbe an off-highway vehicle passenger in violation of subsection B of thissection.

D. Subsections b and c of thissection do not apply to a child who is an off-highway vehicle passengerif both of the following occur:

1. The child is properly secured in achild restraint system pursuant to section 28-907.

2. The off-highway vehicle isequipped with a rollover protection system.

C. E. Inconsultation with the department of transportation, theArizona game and fish commission may:

1. Adopt rules necessary to implement this section.

2. Prescribe additional equipment requirements notin conflict with federal laws.

D. F. Thissection does not apply to a private landowner or lessee performing normalagricultural or ranching practices while operating an all-terrain vehicleor an off-highway vehicle on the private or leased land in accordance with thelandowner’s or lessee’s lease. END_STATUTE

Sec. 5. Section 28-3151, Arizona RevisedStatutes, is amended to read:

START_STATUTE28-3151. Driver license requirement; definition

A. Unless exempt pursuant to this chapter, a personshall not drive a motor vehicle or vehicle combination on a highway without avalid driver license and proper endorsement as prescribed by this chapter.

B. A person who is licensed under this chapter isentitled to exercise the privilege granted by this chapter on highways and isnot required to obtain another license to exercise the privilege by a county,municipal or local board or a body with authority to adopt local policeregulations.

C. A person may not drive an off-highwayvehicle in this state without a valid driver license as prescribed by thischapter. if a minor who is under twelve years of age violates this subsection,a citation shall be issued to the parent or legal guardian of the minor and notto the minor. if a minor who is at least twelve years of age andunder SIXTEEN years of age violates this subsection, a citation may be issuedto the minor or to the parent or legal guardian of the minor, but not to both.

D. For the purposes of this section,"highway":

1. Means the entire width between theboundary lines of every way publicly maintained by the federal government, thedepartment or a city, town or county if any part of the way is open to thepublic for the purposes of vehicular travel other than exclusive off-highwayvehicle use.

2. Does not include routes designatedfor off-highway vehicle use. END_STATUTE

Sec. 6. Off-highwayvehicle user indicia; education requirement; report; delayed repeal

A. The Arizona game andfish department shall certify an off-highway vehicle safety educationcourse that includes verification of completion.

B. The Arizona game andfish department shall ensure that a person may complete the off-highwayvehicle safety education course online.

C. From and after December31, 2024, a person must complete the off-highway vehicle safety educationcourse and provide to the department of transportation proof of the completionbefore the department of transportation may issue a resident or nonresident off-highwayvehicle user indicia to the person pursuant to section 28-1177, ArizonaRevised Statutes, or provide proof of completion to the Arizona game and fishdepartment if the person purchases a nonresident off-highway user indiciafrom the Arizona game and fish department pursuant to section 28-1177,Arizona Revised Statutes. The department of transportation shallshare with the Arizona game and fish department all off-highway vehicledata relating to persons who have provided proof of completion of the educationcourse prescribed by this subsection and all user indicias issued by thedepartment of transportation pursuant to this subsection.

D. Onor before December 1, 2026, the Arizona game and fish department shall submit areport regarding the results of implementing the education requirementprescribed in subsection A of this section, including the revenues and costsassociated with the implementation and any recommendations for administrativeor legislative action, to the governor, the president of the senate and thespeaker of the house of representatives and provide a copy of this report tothe secretary of state.

E. This section is repealedfrom and after May 31, 2027.