Proposal to Replace the Pilot LUV Program with a Permanent Registration Program
2009 Wisconsin Legislative Floor Period

Prepared by the:

Wisconsin ATV Association (WATVA)
www.watva.org
(920) 694-0583

In Partnership with the

WI County Forests Association (WCFA)
www.wisconsincountyforests.com
(715) 453-6741

Click here to visit the Wisconsin UTV Site (http://www.wiutv.org)

The Side by Side (S x S) Utility Terrain Vehicle (UTV) has emerged and grown in numbers in Wisconsin and around the country. This kind of vehicle is now a major component that drives the economics of the ATV industry. Through hard work and with purpose, Wisconsin has emerged as a national leader being known as a premier ATV travel destination state. Now more than ever it is important to build on that success by permanently including this category of ATV into our successfully managed, recreational oriented, registration program.

Purpose

The Light Utility Vehicle (LUV) Pilot Program was enacted in 2007 and is set to expire on Sept. 30, 2009 after a two year testing period within eight eligible Wisconsin counties. Five counties chose to participate in the pilot; Washburn, Sawyer, Lincoln, Marinette and Florence. Though eligible, Oneida, Langlade and Forest Counties chose not to participate. Based on the positive response and feedback following the first year of the pilot, this proposal seeks to convert the pilot program to a permanent status program within the current ATV statutes and administrative codes. By addressing this request during the 2009 legislative floor period, the goal is to implement the permanent UTV program by the spring riding season of 2010. However if that is not possible, we need to extend the existing pilot program until the permanent program is instituted.

Our goal is to have the permanent UTV registration dollars inserted in the existing ATV program, adding to the strength and numbers of the current, self-supporting funding source that allows for proper management, oversight and law enforcement needs. We envision this program to be managed by the Wisconsin Department of Natural Resources with a separately defined and segregated UTV budget line item category. At this time we do not believe there should be new “UTV only” trail program dollars, rather the UTV funding be used for supplemental maintenance capabilities for eligible municipalities that chose to participate in the UTV portion of the program.

We will request the current statutory definition of an ATV (340.01) to be recognized as a new "Class 1" ATV, with another new statutory definition of a UTV, to be known as a "Class 2" ATV. As current statutes describe and define a "small ATV", likewise a Class 2 "small UTV" definition will also be necessary.

Other statutory changes include creating language within Chapter 23.33 that considers a Class 2 ATV (UTV) under the following:

23.33 (3G) Use of headgear
23.33 (4) Operation on or near highways
23.33 (4c-4z) Intoxicated operation and enforcement
23.33 (5r) Landowner Incentive Program
23.33 (6m) Noise Limits
23.33 (7) Accidents
23.33 (8) Routes and Trails
23.33 (10) Liability of Landowners
23.33 (11) Local Ordinances
23.33 (12) Enforcement
23.33 (13) Penalties

The state will need to create language specifically for Class 2 ATV (UTV) under 23.33 (2) Registration. UTV registrations can or will be identical in structure, except we feel the Class 2 ATV should have a Public registration fee of $50.00, (two year) and a non-resident fee of $35.00 (per year) as long as they are a separate classification and segregated within our ATV program fund for Class 2 fiscal accountability purposes. Our initial logic is that many households will replace or not purchase two Class 1 (traditional ATVs), instead buying just one Type 2 UTV, therefore to protect our ATV program dollars, a slightly higher registration fee for Type 2 is justified. This fee will help cover funding for infrastructure trail changes that may be needed to provide for the addition of UTVs to existing ATV trails. Private, Agricultural and Municipal Government Use Fees would remain the same as Class 1 ATVs. To reiterate, this proposal seeks Class 2 ATV (UTV) registration, combined with the ATV state gas tax formula currently in use. These funds would be categorized separately, taking into account the possibility for creating a pro rata formula to disperse supplemental maintenance dollars (no new development) depending on the number of registrations at the onset of the program.

Background

Properly managed motorized recreation is a popular outdoor sport / industry here in Wisconsin. Over the past decade the growth of this recreation has also served our state's economy in a positive way. The collection of state and county sales tax resulting from the sales of ATV products and accessories, employment of thousands of our citizens at hundreds of dealerships and several major manufacturing facilities located here in Wisconsin plus the tourism dollars spent on travel amenities all continues to help drive our Wisconsin economy.

Improved technology has changed the traditional straddle seat ATV through better suspension with a plusher ride, as well as cleaner and more efficient fuel injection systems. With the introduction of Side by Side seating, the demographic of who can use an ATV has changed. Current trends and the pilot program results indicate older citizens make good use of the proposed Class 2 ATV.

The pilot program for the UTV (LUV) was put in place to evaluate use and effects of operating the side by side units on current ATV trails and route systems. After the first full season of testing the pilot program has shown compatibility of UTVs on ATV trails within the participating counties. Registration data was collected and compiled by the Wisconsin DNR. The forest administrators in participating counties and leadership of the Wisconsin County Forests Association (WCFA), DNR ATV program administrators and representatives from the Wisconsin ATV Association met several times to discuss management issues and compatibility concerns.

Wisconsin County Forests establish, maintain, and manage the majority of ATV trail systems in our state. It is critically important to the ATV leadership at WATVA that a permanent funding system is instituted for the side by side ATVs (UTV). Even though two months remain under the pilot Light Utility Vehicle program, there is a consensus between leadership of WCFA and WATVA to proceed forward and get in front of the issue by beginning to lay out parameters for a statewide permanent registration program for the Class 2 ATV (UTV).

Registration

Generating a self-funded program to manage and maintain trails is the lifeblood of the ATV program. Currently the ATV 2 year resident public registration amount is $30, the same amount as the snowmobile program charges. Wisconsin also has a non-resident trail pass which allows out of state tourists to contribute to our trail infrastructure, this is an annual registration amount of $35 (ATV & snowmobile).

Under the current LUV pilot program, counties are permitted to collect county sticker fees. Only one county chose to institute the collection and distribution of its own sticker (Marinette), in part because of the administrative challenges involved with a county by county program. A statewide system is much more efficient and more customer friendly for the Class 2 ATV (UTV) owners.

In addition to the ATV registration dollars collected, the snowmobile, boating and ATV programs each have a formula for allocating a portion of state gas tax as a way to balance non-road use. This proposal assumes the Class 2 ATV would be counted and considered the same as a Class 1 ATV in the formula.

Safety, Laws & Environmental Ethics Training

For purposes of this legislation a Class 2 ATV will be considered an all-terrain vehicle and all ordinances and laws apply.

Safety Education: We propose that a safety education course be set into place that will position UTVs that use trails on public and private land on a par with other users with regard to safety education. A single safety education program that encompasses ATVs and UTVs seems like an excellent course of action for Wisconsin. Much of the curriculum for each type of user is already nearly identical and with only a few modifications, a single curriculum would serve both types of users. Since the curriculum is already so similar, we would ask that until a combined program can be adopted, that UTV riders that require the training be given credit for completion of the ATV course. The requirement for completion of a safety course for UTVs would need to be implemented in a graduated fashion, similar to what was done with the ATV safety education program. The program should also be available via the internet or be deliverable in some other means that does not require attendance at a formal in-person course of instruction. We are working with lawmakers to address other safety issues per the examples below:

No operator of a Class 2 ATV shall carry more passengers than recommended by the manufacturer in the vehicles owner’s manual.
No person shall operate or be a passenger in a Class 2 ATV being operated for recreational purposes unless the person wears eye protection and an approved safety helmet.
No person shall operate or be a passenger in a Class 2 ATV unless wearing a seat belt
No operator shall carry a passenger in the cargo bed / cargo box / dump box of a Class 2 ATV.
The Driver and passengers of a Class 2 ATV shall keep their hands, arms, feet and legs inside the vehicle at all times during operation.
You cannot have an opened alcoholic beverage container on your person in a Class 2 ATV on a public trail or route. No one under the legal drinking age may transport any intoxicants - open or closed.
Definitions

UTV: Utility Terrain Vehicle. These vehicles are also called Light Utility Vehicles and Side by Sides for their seating that is reflective of a golf cart. These are motorized off-highway vehicles designed and intended by the manufacturer primarily for recreation and ideally suited for a variety of many work applications, used by one or more persons. At this time we are still working on the more definitive definitions to suit Wisconsin’s trail systems. The three basic categories are listed below:

Class 1 ATV: Current ATV definition
Class 2 ATV: UTV or an ATV that meets the Class 1 definition except it weighs more than 900 lbs.
Small Class 2 UTV: A UTV that has 4 wheels and that has either an engine certified by the manufacturer at not more than 200 cubic centimeters or an equivalent power unit. Weighing no less than 400 lbs and no more than 700 lbs. These machines must be registered.

We have more work to do, by no means is any of this generic information cut in stone, there will be ample opportunities to adjust, add and delete as we move forward. The WATVA membership voted favorably at our 2009 Annual Meeting that our organization should represent the best interest of the UTV owners and riders just as we currently represent the traditional ATV.

Please join WATVA today, we need to keep building our data base and membership, now with UTV owners and ATV members alike that we can better communicate and represent the sport and industry!