Present law generally prohibits off-highway motor vehicles from being operated or driven upon a highway unless the vehicle is registered as a medium speed vehicle; is registered as a Class I or Class II off-highway vehicle and operated on county roads; is operated or driven pursuant to present law provisions regarding three or four wheel all-terrain vehicles or three or four wheel off-highway vehicles or the provisions regarding all-terrain vehicles being operated on unpaved streets, roads, or highways; or is operated or driven for the purpose of crossing a highway. Generally, off-highway motor-driven cycles may be moved by nonmechanical means only, in a manner as to not interfere with traffic upon the highway, only for the purpose of gaining access to, or returning from areas designed for the operation of off-highway vehicles, when no other route is available. Generally, three or four-wheel all-terrain vehicles or three or four-wheel off-highway vehicles may be operated on certain roads. UTILITY TERRAIN VEHICLES This bill removes all of the provisions above and, instead, authorizes the lawful operation of a utility terrain vehicle, including (i) a low or medium speed vehicle, (ii) a class I or II off-highway vehicle, or (iii) an all-terrain vehicle, on state highway or country road if all of the following requirements are met:  The utility terrain vehicle is titled and registered in accordance with present law.  The utility terrain vehicle is covered by a liability policy that meets the requirements of the financial responsibility law.  The operator is 16 or older and possesses a valid driver license, not including a permit.  The operator and all passengers wear a helmet unless exempted under law.  The utility terrain vehicle cannot be transporting any passenger that requires a child passenger restraint system.  The utility terrain vehicle is operated only during daylight hours, which includes the 30 minutes before dawn and the 30 minutes after dusk.  The utility terrain vehicle is equipped with certain safety features described by law, from the manufacturer, or added later, that are operational and utilized at all times while operating the vehicle.  The utility terrain vehicle is operated only at a rate not to exceed 35 mph. This bill provides that operation of the following utility terrain vehicles are exempt from the registration requirements of present law and equipment and safety requirements of this bill: (i) a utility terrain vehicle operated on any private or public recreational trail or area, (ii) a utility terrain vehicle operated on an affiliated trail or area operated by a person or entity which has in place a safety program, (iii) a utility terrain vehicle operated for agricultural purposes, and (iv) a publicly owned and operated utility terrain vehicle that is used for wildlife management, law enforcement, emergency services, or other such purposes. Authorized Locations to Operate This bill authorizes a utility terrain vehicle to be operated on a state highway or county road in this state where the speed limit is 45 mph or less, and is not (i) a part of the interstate and national defense highway system, (ii) a controlled access highway, (iii) prohibited by a county or municipality on any road under its jurisdiction, or (iv) prohibited by the department of transportation on any road under its jurisdiction. However, a utility terrain vehicle operated on county roads pursuant to this provision may, for the purpose of crossing from one road, field, or area of operation to another, be operated upon a state highway or other noncounty road with a speed limit in excess of 45 mph, except upon the interstate and national defense highway system under certain conditions. This bill authorizes an all-terrain vehicle to be operated or driven upon unpaved streets, roads, or highways, as designated specifically for such purpose upon a 2/3 vote by the local governing body, within the boundaries of an adventure tourism district, if the all-terrain vehicle complies with certain conditions. Violations This bill provides that a violation of the provisions described in this summary is a Class C misdemeanor, punishable only by a fine of $50. ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 728, AS AMENDED. AMENDMENT #1 makes the following changes and additions to the requirements for operation of a utility terrain vehicle ("UTV") under this bill: (1) Subject to the exceptions for trail riding, agricultural uses, and publicly owned UTVs, the UTV must be registered; (2) Revises the helmet requirement so that persons 21 years of age or older may wear a ventilated helmet of the same type authorized for such persons to wear on motorcycles under present law. This amendment also adds an exemption to the helmet requirement for operation on a county road of a UTV that is a Class I or Class II OHV; (3) Exempts UTVs being used for agricultural purposes and publicly owned UTVs being used for public safety and similar purposes from the requirement that a UTV only be operated during daylight hours; (4) Retains the present law list of roads on which UTVs may be operated in Anderson, Campbell, Fentress, Hickman, Johnson, Morgan, Scott, and Unicoi counties and the town of Granville; and (5) Clarifies that local governments may authorize the operation of UTVs on unpaved streets, roads, or highways within the boundaries of an adventure tourism district, subject to compliance with certain safety requirements, which safety requirements will not apply to UTVs operated for agricultural purposes and publicly owned UTVS that are used for public safety and similar purposes. By October 1, 2025, and upon notice or determination of a prohibition thereafter, this amendment requires the department of safety, in consultation with the department of transportation, to compile, and both departments shall publish to their websites, a list of highways and roads that are part of the interstate and national defense highway system where operation of a UTV is prohibited by a local government or the department. This amendment specifies that a county or municipality may prohibit the operation of a UTV on a road under its jurisdiction with the adoption of a resolution or ordinance and the submission of a copy of the resolution or ordinance to the department of safety. This amendment clarifies that medium speed vehicles are UTVs and may be operated in places where UTVs are authorized. This amendment changes this bill's effective date from July 1, 2025, to upon becoming a law. AMENDMENT #2 replaces a reference to ATV with UTV that was omitted from House Amendment #1.

Statutes affected:
Introduced: 55-8-185, 55-8-203, 55-8-191, 55-1-125, 55-8-101(38), 55-8-101, 55-50-102(37), 55-50-102, 55-3-101(d), 55-3-101