Az Traffic Law Discussion for UTVs

[Sandrider]

I thought I would start a new topic from the topic dealing with kids in UTVs......

Ok, reference windshields and UTVs: I will post the actual traffic laws pertaining to this issue. LEOs can cite a driver on a street/highway for this violation (if they even know its a violation) but may have the descretion not to cite if they want, especially if the driver is wearing eye protection.


Here is the statute requiring windshields:

"28-957.01. Windshields required

A. The following vehicles shall be equipped with an adequate windshield:

1. A passenger vehicle, except a motorcycle, an all-terrain vehicle and a golf cart manufactured or modified before June 17, 1998.

2. A motor truck or truck tractor, except fire trucks, fire engines or other fire apparatus, whether publicly or privately owned.

B. This section does not apply to an implement of husbandry or to an antique, classic or horseless carriage automobile if it was not originally equipped with a windshield."

You can see that ALL passenger vehicles are required to have windshields EXCEPT motorcycles, all terrain vehicles, and golf cart manufactured or modified before June 17, 1998.


And here is the wiper law:

28-957. Windshield wipers required; golf cart exception

A. The windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be constructed in a manner to be controlled or operated by the driver of the vehicle.

B. A windshield wiper on a motor vehicle shall be maintained in good working order.

C. This section does not apply to a golf cart.


Ok, so what exactly is a UTV?

Well we all can agree its not a motorcycle as by definition a motorcycle has to have three wheeels or less.

"28-101.34. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped."


Ok, why isn't a UTV an ATV?

An ATV is defined as:

"28-101.3. "All-terrain vehicle" means a motor vehicle that satisfies all of the following:

(a) Is designed primarily for recreational nonhighway all-terrain travel.

(b) Is fifty or fewer inches in width.

(c) Has an unladen weight of eight hundred pounds or less.

(d) Travels on three or more low pressure tires.

(e) Has a seat to be straddled by the operator and handlebars for steering control.

(f) Is operated on a public highway."

UTVs do NOT meet the defintion of an ATV. I have high lighted the areas in red that UTVs do not fit in the definition. (the new Polaris Razor does fit the width restriction but not the weight or seating arrangement restriction.


Is an UTV a golf cart?

A golf cart is defined as:

"28-101.23. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty-five miles per hour and that is designed to carry not more than four persons including the driver."

Well, even the old Kawasaki Mules went faster then 25 mph. You can see why UTVs don't fit the definition of a golf cart.


Ok, my UTV is an implement of husbandry....NOT!

An Implement of Husbandry is defined as:

[b]"28-101.25. "Implement of husbandry" means a vehicle designed primarily for agricultural purposes and used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets all of the following conditions:

(a) Is used exclusively for carrying products of farming from one part of a farm to another part of the same farm or from o

[mxw1090]

Do you have more info on the definition of what counts as a windshield and wiper? A lot of UTV's have the 1/2 windshield. I was trying to determine what we can put on one, does it have to be a specific size or can a small 'wind deflector' style meet the law. Also, on the wiper, does it have a specific amount of space it needs to cover and can it be manually powered. Don't know how many people remember the older jeeps that had a wiper the passenger had to operate with a handle on the inside.

It's a good idea for all of us to fully understand the laws regarding the ATVs/UTVs we drive. I plan on keeping a copy of this information with me as not everyone understands the law. I was pulled over on my street legal quad because the LEO thought I was required to have a windshield. According to the statute the my ATV was not required.

[RodeHard]

You'll be alright without a windshield for your UTV as long as you wear proper eye protection. I think most cops realize that they don't come from the factory with windshields, so they use their common sense and classify them more in the ATV category and use the same rules.

[Vin Man]

Unfortunately, not all cops have common sense. Any cop at any time could enforce the law to the letter and we could be in trouble for not having the windshield. The real question to ask yourself is if you are willing to accept the penalty if you get caught and are held to the letter of the law.

[WallyD]

S.N.A.F.U. But wait! Y'all just carry a bucket of water and a shovel. Then you can call it a firetruck;) Of course you might develop an irresistable urge to eat, sleep, and shop while your working after awhile:D

[111db]

What sort of citation would you get for not having a windshield or wiper? Faulty equipment?

[Sandrider]

RodeHard: This is a discussion on the LAW, not what a LEO may or may not do.

I can tell you that there is some discussion in the 'main stream' (not just traffic geeks like me) law enforcement field about this issue because ATVs and UTVs are being ridden more on the streets. Also, there have been several large UTV gatherings in the valley that are starting to cause issues where they gather, so you can expect LEOs to become educated on the laws pertaining to ATV/UTVs and start enforcing the 'letter' of the law to solve the problems on hand when there are complaints about these UTV gatherings (many are posted on other web sites and 200+ UTVs have been known to drive in on the streets with some street racing reported)

I have posted the laws and it is up to the individual driving to decide whether to obey or disregard the law. But if a person would disregard the law and get cited, don't blame the LEO for doing his job, as you were forewarned....[:p]



What is an Adequate Windshield?

GOOD QUESTION!!!! My answer is: Who Knows......[:p][:p][:p]

Basically, an Adequate Windshied is up for interpretation in EVERY instance! If an LEO gave a citation for this statute, he would have to be able to articulate why the windshield was inadequate in a court of law (assuming the person cited took it to court). The person cited would have to explain to the judge why he thought the windshield was adequate. It would be for the judge to decide. There would be no blanket rulings that would cover the next person, it is a case by case issue.

The hand operated wiper is acceptable.


The best way to solve this issue is for ALL of US to back an attempt to change the State Law to provide an 'eye protection' excepton for the windshield & wiper requirement, much like it is for ATVs & MCs. I have e-mailed legistlators in the past with a sample 'law' but they have not responded. If I could get some support from Az OHV enthusiasts and lobby groups, we would have a better chance.

I just don't enforce the law, I try to make it better....Maybe I should retire and run for office....[:0][:0][:0][:0]

Unfortunately, I have too much integrity for that and wouldn't want to lower my standards....[:p][:p][:p]

:D:D:D

[azcourt]

quote:

200+ UTVs have been known to drive in on the streets with some street racing reported)



Most UTVs barely go the speed limit.

[Sandrider]

It is still illegal to race on the street, even if the vehicles are not speeding...

For Example, two vehicles are lined up at a red light and both race from the green but shut down at the speed limit at 45 mph and didn't go over the limit....

Both drivers can still be cited for drag racing as they were side by side aggressively accelerating from the light. The speed is not an element for racing, although in most cases, the vehicles are speeding and would be cited for that as well.

There are some UTVs that are supercharged, turbocharged, or have motorcycle motors in them that can go 50+ mph. A lot of streets in Phoenix are 35 mph streets....

:D:D:D

[RodeHard]

quote:Originally posted by Sandrider

I have posted the laws and it is up to the individual driving to decide whether to obey or disregard the law. But if a person would disregard the law and get cited, don't blame the LEO for doing his job, as you were forewarned....[:p]


I'll take my chances... worst case scenario it's a fix-it ticket and all I have to do is get a strip of pexiglass and tie it to the roll bar, along with a rubber squeege for my wiper and I'll be in business.

[RDO]

Just my $s worth....I just can't figure out why anyone would want to ride a quad or a rhino or any other off road type rig on the black top. They are 'off road' type vehicles and are NOT engineered and designed for that purpose. They just don't fit on the black top at all. True...there are times when trail riding that it is sweet to be able to complete a loop without having to trailer by riding a few miles on the black top and it is great that the laws in Arizona will allow that if you are liscensed....but once again people are way taking advantage of a good deal and driving their rigs in the city, and even on the freeways...I guess to be cool or whatever. I'm sure they all have cars or trucks or whatever that are designed for street driving but they opt to drive the quad. Why?....better mileage NOT, easier parking MAYBE....to be cool...more than likely. Just my thoughts...maybe someone has a good reason and I just haven't figured it out. Since the riders can't figure it out, the lawmakers will help us out and soon you will NOT be able to drive AT ALL on the hardtop.

[WallyD]

Ditto what Roy said. I like Rhino's. Even thinking about buying one someday. But if all these funloving folks take to street riding and racing, etc. they are attracting a bunch of bad press for the rest of us. My guess is that Arizona will shut it all down pretty quick. And when they do, they won't care about the difference between an ATV and a UTV.

[RodeHard]

quote:Originally posted by RoyD

Just my $s worth....I just can't figure out why anyone would want to ride a quad or a rhino or any other off road type rig on the black top.


Speaking for myself, I only ride my Rhino around the neighborhood (side streets) and to the various stores or local eateries around me. Usually within about a 2 or 3 mile radius of my home. Anything more and I will take my pickup. I would never take it on the freeway and only will ride on arterial roads with a speed limit of 45 mph or less.

My rhino is more or less bone stock and a cammy to boot, so I'm surely not out to impress anybody with all my "bling". It gets about as good as mileage as my pickup, so the mileage deal is a moot point. I guess I ride it because it's convenient, the dogs love it, and I get all the good parking spots. [:p] I shop at the local Costco or Sams club quite a bit and normally I just park by the bicycle rack, or in the case of Costco, I park right by the door and walk right in. I've never been asked to move yet, so it does make a very good grocery getter... ;)

[Arizona Griz]

Very good topic Tim. Thanks. :)

[RathrBdunin]

Hey Tim,
I was questioned this week by somone that wanted me to show them the law that states the rules on one person only on an ATV unless specify designed for two riders. His question was for offroad use not street use.
Do you have that handy ? I tried to do a search here. I know it has been cover many times but I think it was to much data & timed out every time for me.

Thx,

[Sandrider]

Right now, there is no specific law that regulates riding a second person off road in Arizona...recklass operation of an ATV may apply if the the operator is riding dangerously with a rider.


I just read on the 'Peoria Police' thread that people operating UTVs are starting to get citations for no windshields...Hopefully people will read this trhread so they understand what the laws say and we can get enough people motivated to change the windshield/wiper law to give an exception if eye protection is worn.

[WildBill]

Come on Tim we know you just made that crap up [:p]

Really thanks for the effort you put in...now if you could draw pictures or cartoon...the UTV people will be able to read the laws too :D

[cvgriffis]

Well, it seems that again, MVD and title 28 are at odds. According to MVD when I licensed the new Rhino I was required to have a brake light, a tail light, a horn, headlights, a license plate light, and a mirror. Nothing about a windshield. Tim is right, title 28 says you gotta have a windshield, but MVD does not require it for a license plate.

[Sandrider]

Thats because MVD is mainly just an administrative agency and not an enforcement agency. MVD's main purpose is to collect money and process paperwork. The clerks are NOT law enforcement and probably never have even opened the traffic law books...

MVD does have some enforcement power for DOT, registrations, and VIN inspection, but that is a different section than the clerks behind the counter.

Lately, when people get their ATV/UTV registration, the MVD clerk have them sign a statement that they will be street legal. It is up to the operator to ensure they are legal, not the MVD clerk. Heck, most of time the MVD clerk will be incorrect when asked about the law. A lot of patrol LEOs aren't as informed as they should be as well.

That is why I started this discussion and posted the actual laws so people can read them to dispel rumors. I have spent a lot of time researching this issue and posted my opinion with the laws.

:D:D:D

[Old Racer]

My Rhino is street legal here in Indiana, it has turn signals, horn, windshield, rearview mirror, plate light and of course brake lights and head lights. It don't have wipers yet mostly because the Leo's are not enforcing this, but the law is you got to have wipers also. I'm going to put wipers on it. It also has street legal tires. My question is will it be legal in Arizona with the Indiana plates?


http://www.ridingarizona.com/forum/uploaded/Old Racer/20071041441_rhino.JPG



http://www.ridingarizona.com/forum/uploaded/Old Racer/20071041532_rhino-2.JPG

[cvgriffis]

If you have a license plate light, everything else looks legal.

[Sandrider]

Az will recognize your street registration and you are responsible to ensure it is street legal (ie. have the required equipment as already posted). You look like you have everything except a wiper and license plate light...

How do those tires do on the trail? Do you get traction?

I know BFGoodrich makes an All Terrain tire that fits on a 14" rim and have seen some Rhinos wearing them.....

[oldmanpaintball]

help join the fight

http://www.rhinoforums.net/showthread.php?t=5050&page=8

[Old Racer]

Sandrider, the tires on the Rhino are only 24" tall, but they do good on dirt, maybe not good in mud. Not many rocks around here but I think they would go good on rocks also if dry. I'm looking for an all terain tire that is taller, when the speedo say 30 I'm only running 25 by the GPS.

[Sandrider]

quote:Originally posted by oldmanpaintball

help join the fight

http://www.rhinoforums.net/showthread.php?t=5050&page=8


What fight???

The officer was entirely within the scope of the law to write an UTV for not having a windshield....The law needs to be changed at a state level...All that is going to do is start the police offices talking to each other about this and probably will cause a negative backlash towards ATVs/UTVs beingoperated on the street. Now LEOs over there will be more aware of the laws and will probably start issueing more cites as UTV owners have started an issue where they are clearly in violation of the state statute...

What REALLY needs to happen is for people to petition the state legislature to change the law....The City of Peoria or its PD can not change what the law says...

Once the City Manager and the PD Staff consult with their attorneys and find out what the law says, they will have a different response..They can not legally tell the public or their LEOs not to enforce a law on the books....

Oldracer: Check out the BFGs...I think you can fit a 28" on a Rhino...

[mastertech]

The laws they are a changin! Arizona has had on the docket to get more strict on the regulations 3 times now.
soon atv's and utv's will not be street legal in AZ the only loop hole is provided by the us government as an LSV under NHTSA cfr part 49.500 the only LSV manufactured for on and off road use and is 50 state street legal is the Tomcar www.tomcar.com
and they have a full automotive safety glass windshield and wipers

[Sandrider]

Bump....

This topic came up again in the General Forum....

;)

:D:D:D