h_lg_2016a_2016-01-27t13:30:58z0 Hearing Summary

Date: 01/27/2016

01:34 PM -- HB16-1030



Representatives Court and Brown presented House Bill 16-1030 concerning the use of off-highway vehicles. This bill, recommended by the Off-Highway Vehicle Interim Committee, requires county clerk and recorder offices (clerks) to administer a voluntary, one-time registration program for off-highway vehicles (OHVs) in order that registered OHVs may operate on roads where approved by local authorities. The registration program does not supersede the existing Colorado Parks and Wildlife (CPW) OHV registration program, and requires collaboration with the Department of Revenue (DOR).



The following requirements apply for driving an OHV on a road:



• A driver must be licensed, unless the local authority waives the requirement, in which case the driver must be at least 10 years old and under the supervision of a licensed driver;

• A driver must obey the rules of the road;

• Driving on a limited access highway or a road with a speed limit over 45 MPH is prohibited, but a driver may cross these roads where already authorized by statute;

• The driver must wear eye protection, unless the vehicle has a windshield;

• Helmets must be worn by drivers and passengers 18 years of age or under;

• The OHV must have brakes;

• If driven at night, the OHV must be equipped with a headlamp and taillights; and

• The vehicle speed limit must not exceed 40 MPH, unless a governing body authorizes a higher speed for a specific road.



Local authorities, acting by ordinance or resolution, may:



• approve OHV use on roads, which takes effect when the regulation is posted at the entrances of roadways through official signage or traffic control devices and in conjunction with publication of a map of roads available for OHV use;

• waive the driver's license requirement for OHV drivers; and

• require an OHV driver to carry liability insurance.



The registration program and associated safety standards generally apply on roads, not trails, unless a local authority designates a trail as a road.



OHV registration is one-time, unless the vehicle changes ownership, and no validating stickers or tabs are required. Clerks may assess and retain a $4 fee for their service, and pass on the direct cost of the visible identification plate to the OHV user. Plates are to be purchased directly from Colorado Correctional Industries (CCi) in the Department of Corrections (DOC). OHVs are not subject to the specific ownership tax or motor vehicle registration fees required for other types of vehicles. If an OHV is registered and plated in another state, it is deemed licensed in Colorado. Clerks must forward registration information to the DOR and the DOR may promulgate rules, if necessary.



A class B traffic infraction is created for violating any registration or road use provision in the bill. No license suspension can be issued for careless or reckless driving of an OHV.



Additionally, the bill amends the motor vehicle statutes to define an OHV as a "vehicle." The bill allows municipalities to authorize an OHV to cross a state highway within its jurisdiction. The bill lists certain exceptions where an unregistered OHV may use the road. The bill grants local governments specific authority to regulate OHV use and these regulations supersede rules promulgated by the CPW if in conflict. Finally, the bill extends the authority to enter into cooperative agreements with federal land management agencies to local governments, which was previously granted only to the state.



Representatives Court and Brown presented and summarized amendment L.003 (Attachment A). Representative Lebsock presented and summarized amendment L.004 (Attachment B).



16HouseLocal0127AttachA.pdf 16HouseLocal0127AttachB.pdf



The committee members discussed amendment L.003 and amendment L.004. They also discussed the types of vehicles that are specified for off-highway vehicle use.



01:48 PM -- Eric Bergman, representing Colorado Counties, Inc. (CCI), spoke in favor of the bill if amended by amendment L.003.



01:49 PM -- Lynn Padgett, Ouray County Commissioner, representing CCI, spoke in favor of the bill if amended by amendment L.003.



01:57 PM -- Jen Boulton, representing Colorado Trout Unlimited, was neutral on the bill. She shared her concerns with amendment L.003.



02:01 PM -- Richard Orf, representing the Associated Governments of Northwest Colorado, spoke in favor of the bill if amended by amendment L.003.



02:04 PM -- Dianne Criswell, representing the Colorado Municipal League, discussed the bill in regards to municipal concerns.



Ms. Criswell answered questions from the committee regarding municipal notifications.



02:09 PM -- Tom Acre, Town Manager for the Town of South Fork, spoke on municipal matters related to off-highway vehicles.



02:12 PM -- Eric Grossman, Mayor of the City of Creede, spoke in support of the bill. He discussed municipal matters related to off-highway vehicles.



Mr. Acre and Mr. Grossman discussed education on safety concerns related to off-highway vehicles.



02:17 PM -- Ellen Stern, representing Children's Hospital Colorado, was neutral on the bill.



The committee members discussed amendment L.004.

Representative Brown introduced amendment L.005 (Attachment B).

BILL:	HB16-1030
TIME:	02:24:55 PM
MOVED:	Saine
MOTION:	Adopt amendment L.005 (Attachment C). The motion passed without objection. 16HouseLocal0127AttachC.pdf
SECONDED:	Arndt
		VOTE
	Arndt
	Danielson
	Klingenschmitt
	Navarro
	Ransom
	Rosenthal
	Saine
	Singer
	Thurlow
	Lebsock
	Fields
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Erin Reynolds, Legislative Council Staff, answered a question from the committee regarding the fiscal note.



The committee members discussed the bill.