Bill Text: AZ HB2365 | 2015 | Fifty-second Legislature 1st Regular | Chaptered
Bill Title: Off-highway vehicles; enforcement
Spectrum: Bipartisan Bill
Status: (Passed) 2015-04-10 - Chapter 305 [HB2365 Detail]
Download: Arizona-2015-HB2365-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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CHAPTER 305
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HOUSE BILL 2365 |
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AN ACT
amending sections 28-1171, 28-1173 and 33-1551, Arizona Revised Statutes; relating to off-highway vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1171, Arizona Revised Statutes, is amended to read:
28-1171. Definitions
In this article, unless the context otherwise requires:
1. "Access road" means a multiple use corridor that meets all of the following criteria:
(a) Is maintained for travel by two-wheel vehicles.
(b) Allows entry to staging areas, recreational facilities, trail heads and parking.
(c) Is determined to be an access road by the appropriate land managing authority.
2. "Closed course" means a maintained facility that uses department approved dust abatement and fire abatement measures.
3. "Highway" means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel. Highway does not include routes designated for off-highway vehicle use.
4. "Mitigation" means the rectification or reduction of existing damage to natural resources, including flora, fauna and land or cultural resources, including prehistoric or historic archaeological sites, 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 by off‑highway vehicles.
6. "Off‑highway vehicle":
(a) Means a motorized vehicle when operated primarily off of highways on land, water, snow, ice or other natural terrain or on a combination of land, water, snow, ice or other natural terrain.
(b) Includes a two‑wheel, three‑wheel or four‑wheel vehicle, motorcycle, four‑wheel drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion vehicle and any other means of land transportation deriving motive power from a source other than muscle or wind.
(c) Does not include a vehicle that is either:
(i) Designed primarily for travel on, over or in the water.
(ii) Used in installation, inspection, maintenance, repair or related activities involving facilities for the provision of utility or railroad service or used in the exploration or mining of minerals or aggregates as defined in title 27.
7. "Off‑highway vehicle special event" means an event that is endorsed, authorized, permitted or sponsored by a federal, state, county or municipal agency and in which the event participants operate off‑highway vehicles on specific routes or areas designated by a local authority pursuant to section 28‑627.
8. "Off‑highway vehicle trail" means a multiple use corridor that is both of the following:
(a) Open to recreational travel by an off‑highway vehicle.
(b) Designated or managed by or for the managing authority of the property that the trail traverses for off‑highway vehicle 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.
Sec. 2. Section 28-1173, Arizona Revised Statutes, is amended to read:
28-1173. Enforcement
All peace officers of this state and counties or municipalities of this state and other duly authorized state employees shall only may enforce this article. on land that is either of the following:
1. Solely under the jurisdiction of this state or a county or municipality of this state.
2. Open as indicated by federal law.
Sec. 3. Section 33-1551, Arizona Revised Statutes, is amended to read:
33-1551. Duty of owner, lessee or occupant of premises to recreational or educational users; liability; definitions
A. A public or private owner, easement holder, lessee, tenant, manager or occupant of premises is not liable to a recreational or educational user except on a showing that the owner, easement holder, lessee, tenant, manager or occupant was guilty of wilful, malicious or grossly negligent conduct that was a direct cause of the injury to the recreational or educational user.
B. This section does not limit the liability that otherwise exists for maintaining an attractive nuisance, except with respect to dams, channels, canals and lateral ditches used for flood control, agricultural, industrial, metallurgical or municipal purposes.
C. For the purposes of this section:
1. "Educational user" means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to enter premises to participate in an educational program, including the viewing of historical, natural, archaeological or scientific sites. A nominal fee that is charged by a public entity or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section.
2. "Grossly negligent" means a knowing or reckless indifference to the health and safety of others.
3. "Park" includes outdoor school grounds that are open to recreational users, excluding swimming pools and other aquatic features.
4. "Premises" means agricultural, range, open space, park, flood control, mining, forest, water delivery, water drainage or railroad lands, and any other similar lands, wherever located, that are available to a recreational or educational user, including paved or unpaved multiuse trails and special purpose roads or trails not open to automotive use by the public and any building, improvement, fixture, water conveyance system, body of water, channel, canal or lateral, road, trail or structure on such lands.
5. "Recreational user" means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to travel across or to enter premises to hunt, fish, trap, camp, hike, ride, engage in off-highway vehicle, off‑road recreational motor vehicle or all-terrain vehicle activity, operate aircraft, exercise, swim or engage in other outdoor recreational pursuits. The purchase of a state hunting, trapping or fishing license, an off‑highway vehicle user indicia or a state trust land recreational permit OR PAYMENT BY AN AGENCY OF THIS STATE TO AN OWNER, EASEMENT HOLDER OR LESSEE FOR PUBLIC RECREATIONAL ACCESS TO THE PREMISES is not the payment of an admission fee or any other consideration as provided in this section. A nominal fee that is charged by a public entity or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section. Recreational user does not include a student who is registered at a school during designated times that the student is allowed to be on the school grounds as determined by district personnel or who is participating in a school‑sanctioned activity.
6. "School" has the same meaning prescribed in section 15‑101.
APPROVED BY THE GOVERNOR APRIL 10, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 14, 2015.
