ASA Public Meeting – Arizona May 2, 2009
QUESTIONS & ANSWERS
Preface
ASA conducts three Info Meetings
each year. Two in California and one in Arizona. A speakers panel representing
the agencies managing the Imperial Sand Dunes and other CA and AZ OHV recreation
venues address questions re the areas that they manage.
The following index will assist you in your
search for the answers to your questions.
Q & A
#
Topic
Agency
1
-11
AZ OHV
laws
AZ Game and Fish Department
12 -
32
OHV use on AZ state trust
lands
AZ State Land Department
33 -
42
Imperial Sand Dunes, general interest
BLM El Centro Field Office
43 -
49
Imperial Sand Dunes, permit
fees
BLM El Centro Field Office
50 -
53
Imperial Sand Dunes,
RAMP
BLM El Centro Field Office
54 -
59
Imperial Sand Dunes,
NECO
BLM El Centro Field Office
60 -
62
Imperial Sand Dunes, Wash
Rd
BLM El Centro Field Office
63 -
70
Imperial Sand Dunes, general
interest BLM El Centro Field
Office
71 -
80
Comparison of AZ and CA OHV Laws
CA State Parks, OHMVR Divisions
81 - 82
Where can I ride In Maricopa County?
AZ State Parks
1. Does Arizona have an OHV sticker program?
Yes. On June 27, 2008, Arizona OHV Bill SB 1167 was signed into law by Gov. Napolitano. The Bill took effect Jan 1, 2009. There is a new OHV sticker that is placed on either an RV or MC plate. Detailed information on the new OHV program can be found at: http://www.azgfd.gov/outdoor_recreation/ohvFAQ.shtml
2. In Arizona, does my vehicle need to be street legal to be driving on Forest Service roads?
Yes and No. County maintained and main paved roads require you to have a street plate and that means meeting our MVD requirements for equipment. This is also true for the Prescott Forest. The Flagstaff Coconino FS has started posting "must be street legal" signs on selected FS routes, both paved and unpaved, to help clarify this issue. (Jeff Gursh Arizona OHVC and ATR)
3. Where is it legal to use a non street legal ATV, UTV, golf cart, sand rail, etc. in Arizona?
Forest Service and BLM lands are one of the biggest draws for OHV use. Both agencies have fair websites for where to ride information. But if you go to the Arizona State Parks OHV website, you will find a great OHV guide / map available as a down load. It shows many of the most popular OHV sites in the State and has info on needed permits and equipment for each area. These are some of the best signed and mapped areas in Arizona, Enjoy. (Jeff Gursh Arizona OHVC and ATR) <www.azstateparks.com> or call 1-866-INFO-OHV. This State Parks map also has current OHV regulations included with the map.
4. What are the rules and laws concerning OHVs?
Each agency that manages public land has its own rules, regulations and laws to enforce. Rules and laws change. Before using public lands, check with the local land management agency office about rules and requirements. Keep current about changes in OHV regulations. Most areas restrict OHV use to established roads and trails. Some areas have seasonal closures because of wet roads or wildlife breeding or nesting areas.
5. Are there laws about alcohol and drugs for OHV driving?
The operation of an off-highway vehicle requires skill and good judgment. Drugs and alcohol impair both. You become a danger to yourself and others when you operate your OHV and take drugs or drink alcohol. Laws regarding DUI apply everywhere in the state. You can be arrested if you are driving under the influence even if you are on a backcountry trail, and the penalties are the same including jail time and the loss of driver's license.
6. Do I need to be registered or licensed to drive my OHV?
State motor vehicle laws apply on many Forest Service and BLM roads, meaning your vehicle must be registered and you must be licensed. A good rule of thumb is if a passenger car can use the road, your vehicle will need to be "street legal". Some roads and trails are open to unlicensed recreational motor vehicles. Check with the local land manager for information on road status.
7. Can I register my ATV? ("Make it street legal"?)
Yes, contact the AZ Motor Vehicle Division for more information on the equipment and inspections needed to register a motor vehicle. However, it is unsafe to ride ATVs on paved roads. ATVs are not designed to be operated on a paved surface. They are difficult to maneuver and increase the danger of an accident. If you must cross a paved road, cross at a 90 degree angle where there are no obstructions and your visibility is good.
8. What does the "RV" license plate on my ATV mean?
The "RV" plate on your ATV is only an indication that the ATV has been titled in the State of Arizona. It is NOT a registration plate and does not allow you to ride on roads that require your vehicle to be registered. To ride on paved or maintained roads you need the "MC" or Motorcycle registration plate. The RV plate will be honored in CA as AZ OHV registration through 6/30/09. After that date it will not be valid for OHV operation in CA without the AZ OHV sticker.
9. What Equipment do I need?
The minimum equipment necessary to ride on Federal public land is:
11. Where can I go for training?
The ATV RiderCourse
Developed by the ATV Safety Institute, the ATV RiderCourse provides hands-on training in the basic techniques for riding an all-terrain vehicle. The course also covers protective gear, local laws, finding places to ride, and environmental concerns. If you bought your ATV after December 30, 1986, you may be eligible for free training. Those not eligible for the free training may take the course for a small fee. The ATV RiderCourse is available nationwide. To sign up call: 1-800-887-2887Off-Highway Motorcycle Training
T.E.A.M. Arizona (480) 998-9888 T.E.A.M. Arizona conducts basic rider training for dirt bikes.Four-Wheel Drive
Arizona State Association of Four-Wheel Drive Clubs (602)-258-4BY4 The ASA4WDC sponsors safety clinics that teach the basics of 4WD.T
HE FOLLOWING QUESTIONS AND ANSWERS PERTAIN TO STATE TRUST LAND.12. What is State Trust Land?
State Trust Land is land that was granted to Arizona by the federal government when Arizona became a state in 1912. Trust lands total approximately 9.4 million acres and are managed by the State Land Department. The land is held in trust by the State of Arizona, and by law, must be used to generate revenue to fund public schools, universities and other state institutions. State Trust Land is NOT public land. You must have a permit to be on State Trust Land.
13. What is Trust Land?
Trust Land is land held in trust for the benefit of the public schools and 13 other public institutions. (See Trust Beneficiaries) Trust Land predates statehood but is now managed by the State Land Department under the provisions of the federal Enabling Act provided for Arizona’s Statehood in 1912. In FY 2008, the Arizona State Land Department collected $326 million in revenues for use of Trust Land
14. Does my Off-Highway Vehicle Decal allow me to engage in recreational activities on Trust Land?
No. While the Arizona Department of Transportation (ADOT) is responsible for regulating and licensing motor vehicles and other forms of transportation; only the ASLD has the authority to grant access to Trust Land. Whether on private or Trust Land, ADOT requires a person operating an ATV or OHV to have an Off-Highway Vehicle Decal issued by ADOT. (See OHV Decal Information Guide)
The State Land Department (ASLD) is presently working to identify potential routes than may be designated for OHV travel. Once a route has been designated by the ASLD, a properly licensed OHV may use the designated trail for limited travel, subject to the rules and regulations of the ASLD. The designation of an OHV route does not permit holders of an OHV Decal to recreate, stage or park on Trust Land without a Recreation Permit.
15. Do I need a permit to operate my OHV on State Trust Land?
Yes. You must have a recreational permit or a hunting or fishing license to be on State Land. However, a hunting or fishing license is valid only if you are actively engaged in hunting or fishing. Recreational Permits are available for individuals and families and are issued for one year from the date of purchase. As of Aug. 1, 2008, The Individual Permit is $50.00 and the Family Permit is $75.00. You may pick up your recreational permit in person at the State Land Department main office at 1616 West Adams, Phoenix AZ 85007. Permit applications can also be requested by mail or by telephone during normal business hours by calling (602) 364-2753.
16. Why do I need a Recreation Permit to be on Trust Land?
All uses of the land must be permitted and must benefit the Trust; a fact that distinguishes it from the way public land, such as parks or national forests, may be used. While public use of Trust land is not prohibited, it is monitored to ensure protection of the land and compensation to the beneficiaries for its use.
17. What does my Recreation Permit allow me to do on Trust Land?
Your recreation permit allows you to enjoy non-consumptive recreational activities including: hiking, horseback riding, bicycling, picnics, photography, bird watching, sightseeing, camping (limited to 14 days per year), and limited off-highway vehicle use (restricted to designated roads and trails), for non-commercial and non-competitive purposes.
A Trust Land Recreation Permit does not permit target shooting, paintball, airsoft, recreational flying (i.e. ultralite aircraft), vehicular 'rock hopping', sand railing, fireworks, or congregating in groups larger than 12 people (see Event Permit). Visiting prehistoric and historic cultural or archaeological sites, metal detecting, collecting or removing natural products (rocks, stone, soil, fossils, mineral specimens, cacti, saguaro or cholla skeletons, plants (live or dead)), or firewood for
home use, are all prohibited. Nor does it permit any activity that would otherwise be illegal or conflict with local laws or ordinances. A Recreation Permit does not authorize use of non-state lands such as military, federal, Tribal, or private lands.18. How do I obtain a Recreation Permit?
You may download a recreation permit application from the Recreation Page of the Arizona State Land Department website. Once completed and signed mail the application and corresponding application fee to:
Arizona State Land Department C/o Public Records 1616 W. Adams St. Phoenix, AZ 85007
Please allow 3-6 days to process Individual & Family Permits, 60 days to process Event Permits, and 3-6 months to process Special Land Use Permits.
19. What is required to ride on State Trust Land and how do we find out where the Arizona State Trust Land is located?
You are required to have a State Trust Recreation Permit to enter State Trust Land. This is for all recreation, not just OHV. This allows you on any State Trust Land that is open to Motorized use. Unfortunately the lands that are open or closed are not posted very well. Few maps show more than WHO owns the land; much less what is open to OHV. Most maps State Trust put out are for closed areas, not open. In addition to the recreation permit, a valid hunting or fishing license will work too, BUT you have to be perusing this activity while on State Trust Land. (Jeff Gursh Arizona OHVC and ATR)
20. Why did the fee increase for Recreation Permits?
As part of the Land Department’s budget reduction, the Land Commissioner was instructed by the Arizona State Legislature to offset $600,000 in 2008-2009 budget in reductions with increased fees (Laws 2008, Chapter 291, Section 12). The Department primarily charges application fees for use of Trust land, which had not been adjusted since 1990.
21. What is a Family Permit?
A family permit extends the same privileges and responsibilities as the individual recreation permit, but includes a family unit of two (2) adults and children under the age of 14 years.
Note:
The criterion for a family permit is defined by statute; legal questions regarding this statute cannot be answered by State Land Department staff.22. What is an Event Permit?
An ‘event permit’ is designed for small group/club events between 12 and 50 people that are non-competitive and non-commercial. Event permits are limited to no more than 5 days, and require specific dates and locations to be requested for the proposed event. Participants under a group permit are not required to obtain an individual recreation permit; however, the group must submit a complete roster of all individuals to be covered by the event permit.
The State Land Department will notify existing lessees and permittees of the group's intention to congregate for non-consumptive recreational purposes on their leased Trust Land. The lessee will then have the opportunity to voice any concerns or objections to the proposed event. In the event that the proposed event involves more than 50 people or is competitive or commercial in nature, then a Special Land Use Permit (SLUP) is required.
23. What is a Special Land Use Permit (SLUP)?
A SLUP extends the same privileges and responsibilities as the recreation permit, but allows for groups larger than 50 participants, and/or competitive, and/or for-profit events. See SLUP Fee Schedule for more information.
24. Why do competitive events or those events larger than 50 people require a SLUP?
Recreation permits are an accommodation made by the Department to casual non-consumptive recreational users. Recreation Permits were never intended to permit large events that have a consumptive impact on the land and that sometimes impact our grazing lessees. Competitive events involve sponsors, prizes or vendors that the Department can not subsidize, and must ensure compensation to the Trust. Furthermore, competitive events typically involve more concentrated impact on the land than casual recreation.
If the group is larger than 50 people, or is competitive in nature, then the group must apply for a Special Land Use Permit. The fee is established by our published fee schedule. The schedule accounts for the level of impact, the location, type of event/ activities proposed (i.e.; For-Profit, Competitive, Non-Competitive/ Non-Profit) and the number of participants.
25. Which law enforcement agencies have jurisdiction while I am on Trust Land?
You must obey all lawful orders of a Law Enforcement Officer, given in performance of their official duties, while on Trust Land. Law Enforcement authority may include, but is not limited to Game & Fish Department officers, County Sheriff’s deputies, and City Police officers. Additionally, your recreation permit is conditional on obeying the directives of Arizona State Land Department staff, while given in performance of their official duties. Failure to do so will automatically invalidate your recreation permit and you may be guilty of trespassing on Trust Land without a valid recreation Permit.
26. What is the penalty for trespassing on Trust Land without a valid Recreation Permit?
Failure to obtain a valid Recreation Permit before entering, or violating the terms and conditions of your Recreation Permit while on Trust Land, may result in criminal misdemeanor charges for trespassing on Trust Land.
Remember, your Recreation Permit is only valid if you fully comply with all terms and conditions of your permit.
27. Can I obtain a Trust Land Recreation Permit from BLM or the National Parks?
No. The BLM, National & State Parks are not authorized to grant access or recreation permits for Trust Land. At this time, Recreation Permits can only be obtained at the Arizona State Land Department Phoenix Office, 1616 W. Adams Street, Phoenix, AZ 85007.
28. What rules should I follow on State Trust Land?
Most state land is already leased to someone. When recreating on state land, please keep in mind that someone else is trying to make a living from that land.
Lands leased for agriculture, mining, commercial, or military purposes are not open to recreational use. Other Trust Lands may be closed to some or all recreational uses due to hazardous conditions, dust abatement, in coordination with the Arizona Game & Fish Department, or based on certain State, County or Local laws or ordinances. Read more about the Land Department's Dust Abatement and Management Efforts on our Air Quality web page, or see the Trust Land Dust Abatement Closure Map.
30. How do I know if I am on Trust Land? Are there signs?
The Arizona State Land Department manages 9.3 million acres of land; of which roughly 8 million acres are available for some form of recreation or another. While the Department makes every effort to ensure that signage is well placed on Trust Land, limited resources make it impossible to place signs on every parcel much less every trail. Know before you go; and check your map.
31. On Arizona State Trust Land there is sometimes talk about closing some of areas to OHVs because they aren't being used very much. How do they track the use of an area on Arizona State Trust Land?
Most threats of closing State Trust Lands are due to repeated complaints about dust, unlawful target shooting, unlawful cross-country travel, illegal dumping, vandalism, and other irresponsible use of the lands. There is no formal monitoring program for OHV use of State Trust Lands. (Tim Holt – AGFD)
32. Where can I obtain trail maps?
The State Land Department has not published a collection of ‘trail maps’, however, Surface Management Responsibility Maps, that indicate where Trust Land is located, may be purchased at the Public Records counter. Also, please check the ‘Places to Go’ tab for updates and view our Interactive Map Server for more information.
T
HE FOLLOWING QUESTIONS AND ANSWERS PERTAIN TO BLM IMPERIAL SAND DUNES RECREATION AREA IN CALIFORNIA.33. Has the visitation at the ISDRA decreased with the advent of the economic turn down?
Yes. It has decreased over the last two years.
34. Was the 2008-09 season revenue from the sale of ISDRA permits in line with the budget forecast?
No, we are about $200,000 below projected revenues due to reduced permit sales.
35. Will the 2009-10 ISDRA budget reflect a reduction in holiday law enforcement expense commensurate with the reduction in visitation?
Although the number of visitors has marginally decreased, the number of enforcement actions has increased. Because Rangers are now able to focus on the enforcement of existing laws and regulations in support of the ISDRA management objectives, this has caused some to question the need for a continued law enforcement presence. The BLM will continue to staff the holiday events with 40 to 50 federal law enforcement officers to deter lawless behavior and continue even handed enforcement of federal and state laws which has significantly reduced injuries and fatalities.
36. What is the status of the 2009-10 season trash service contract?
The trash service contract will go out to bid this summer for a five year contract.
37. Can the cost of trash service and toilet pumping be reduced if the level of use by the visitors is reduced?
Yes. The toilet pumping contractor is paid per request to pump and the new trash contract RFQ will consider fluctuations in volume as well.
38. Will BLM partner with the County via the UDG to reduce the cost of visitor services for trash collection and toilet pumping?
BLM is willing to consider various options to reduce costs, including partnering with the County or UDG if they are willing to manage these contracts.
39. How many life-flight incidents have been initiated by ISDRA visitors without BLM EMS or LEO involvement?
BLM does not have records for the number of life-flights initiated directly by ISDRA visitors.
40. In the light of reduced medical responses will the level of extra EMS services be reduced to save money?
During all Dunes seasons, BLM makes adjustments to ensure there is the appropriate level of staffing for EMS incidents, including reductions and increases. Also, we have rescue services at no cost to visitors.
41. What is the status of increasing other camping areas due to the loss of camping areas along the RR ROW due to access restrictions?
The BLM is analyzing this issue in the RAMP as well as the Wash Road EA.
42. What on the ground improvements are scheduled at the ISDRA for the 2009-2010 season?
Building a new Wash Road (mostly federal funding). The watchable wildlife site will be renovated (TIO and donations). New Plank Road Fence (mostly federal funding). Miscellaneous fee dollars will cover some of the labor costs for these projects.
ISDRA F
EES43. What is the status of the reassessment of the ISDRA permit fee? Do you expect an increase? If so what is the public process for providing input/commendations to the RRAC?
BLM is on the agenda for the RRAC and will have a proposal for a fee increase on the May 13 meeting. We have provided information to the RRAC for review. The RRAC will accept comments from the public at the meeting; you can e-mail the RRAC at mr5rrac@fs.fed.us and visit their website at www.fs.fed.us/r5/passes/rrac/.
44. When will the BLM provide its partners (the County, UDG, stakeholders, etc) with the rational for the proposed fee increase at ISDRA?
BLM has contacted our partners over the last few weeks to advise them of the proposed fee increase.
45. Will visitor services (i.e., trash collection, EMS, LE, etc) be equalized throughout the ISDRA including Ogilby, Dune Vista, etc?
If there were a formal request, BLM would consider increasing the services in those areas if the requestor and visitors also supported an increase in fees to cover the increased costs. However, BLM manages the ISDRA for a variety of recreational experiences. At this time visitors who want a more developed site can choose to visit a different Dunes camping area with an increased amount of development.
46. Will visitor fees be reduced on off-holiday weekends to reflect the lack of visitor service during these periods?
No. However, BLM is considering a proposal to make the period from June 15 to Sept 15 a free-use period each year.
47. Why are the ISDRA visitors camping east of the UPRR tracks charged a visitor fee when they have no OHV access to the dunes?
The fee area boundary originally ended at the UPRR tracks. At that time, BLM saw a large number of visitors move to the east side of the tracks to avoid the fee and still use the Dunes resources. BLM then extended the fee area to one mile beyond the recreation boundary to reduce the shift in visitation patterns and return use back to historical levels. Visitors who choose to use those areas must comply with all rules and regulations per NECO and ISDRA. If visitors feel those rules are too restrictive, they can choose to camp in the adjacent open area on the west side of the UPRR tracks.
48. If there is a fee increase will it apply to both the seasonal and weekly permits?
Yes.
49. What can be done about short term visitors that don't have OHV's? Do they need a permit to travel on ISDRA roads?
Short term visitors need to purchase a permit unless they are exempt under FLREA.
ISDRA R
AMP50. When will the draft RAMP be published?
We expect the draft RAMP to be published in Mid-late June, pending Washington Office briefings that need to be conducted.
51. Will BLM conduct public comment RAMP meetings? If so, when and where?
Yes, BLM will conduct public comment meetings for the RAMP. A short presentation on an overview of the RAMP will be conducted, and an open house type forum will follow. Members of the public will be free to ask questions and get clarifications from the BLM staff. Comments will be collected in written form only. Public comment meetings will be held in the same cities as the public scoping meetings were held: Phoenix, El Centro and San Diego. Public meeting dates will be announced no less than 15 days prior to the date of the meeting via BLM news release and BLM El Centro web site.
52. Will the Recreation Opportunity Spectrum (ROS) be employed in the 2009 RAMP to define target visitation capacity levels?
The draft RAMP is still in development, however, ROS will be used in the RAMP to identify Recreation management zones that offer differing types of recreation experiences (natural, roaded natural, primitive, etc.) Maps of the proposed recreation alternatives can be found on the El Centro BLM web site.
53. Will a visitor reservation system be proposed in the 2009 RAMP?
A visitor reservation system will be included in the RAMP as a possible development scenario (should a concessionaire ever take over operations at the ISDRA). BLM does not anticipate proposing or implementing a visitor reservation system prior to the completion of the RAMP.
NECO
54. Does the BLM have a schedule/plan for marking the designated OHV routes east of the UPRR tracks?
BLM has had 2 SCA interns whose entire job consisted of signing NECO routes. They have made great progress in signing routes and are finishing up their season. BLM plans to hire interns again (if funding allows) next season to continue signing routes in the NECO area until each route is properly signed.
55. What is the status of the request to designate the Ted Kipf Rd for OHV travel from Hwy 78 south to Boardmanville?
The BLM defers this question to the County of Imperial for answering.
56. Will the BLM be putting up signs indicating the legal areas for camping in the NECO area east of the ISDRA?
Stopping and parking and/or vehicular camping along "routes of travel" will be limited to within 300 feet of the route (except in ACECs where the limit is 100 feet). In some locations, specific parking or stopping areas may be signed "open" or "closed" to protect fragile or sensitive resources adjacent to the route or to
provide a safe place to stop. The intent of this policy is to curtail the uncontrolled widening and/or extension of access routes by vehicles stopping or parking along the route.57. What is the current plan for access to the east side camping areas?
From ISDRA, the only legal access to this area is by Hwy 78. Per state law, OHVs may not travel on a highway.
58. Will campers be able to access east side camping from the Ogilby side utilizing the RR ROW?
The BLM defers this question to the Union Pacific Railway. The BLM does not manage access on or through this Right-of-Way.
59. When will the NECO route maps for the El Centro Field Office be available?
We are currently seeking funding.
W
ASH ROAD60. What is the status of BLM planning for an alternate route to the Wash Rd camping area?
The EA analyzing the proposal to construct a new road is currently available for public review on the ECFO web site. BLM has initiated informal consultation with USFWS on desert tortoise and PMV for the project. BLM archaeologists have surveyed the area.
61. Will BLM seek a grant from the CA OHMVR Division for a Wash Rd alternate route?
No. The funding is needed prior to an open application period for the CA OHMVR Division grant process.
62. Does the BLM plan to meet with the UPRR to ask for an extension of the Wash Rd public access until an alternate route is in place?
The BLM plans to meet with the UPRR. However, we do not plan to ask for an extension for access on Wash Road at this time.
O
THER63. Does the BLM El Centro field office have a volunteer coordinator?
Yes, Dallas Meeks is the BLM ECFO volunteer coordinator.
64. How can volunteers be utilized to do some of the maintenance items at the ISDRA?
Interested volunteers should contact the BLM ECFO Volunteer coordinator and apply for a position. At this time, BLM has several types of short and long term volunteer positions. These include but are not limited to camp hosts, trash pickup, restroom cleaning, fee compliance, outreach / education, and staffing the visitor center.
65. Can paid volunteers be assigned to man the ISDRA visitor centers as is done at El Mirage and Jawbone station (Barstow FO)?
Yes we could. The BLM is already staffing the Buttercup Ranger Station with volunteer camp hosts who receive a stipend to compensate them for expenses.
66. Will the BLM be supporting the relaxation of the comp. hill closures next season?
No. BLM believes this closure must remain to prevent the formation of unlawful assemblies occurring in this area at night due to its proximity to Hwy 78. The current closure was initiated by the Imperial County Board of Supervisors in consultation with the Imperial County Sheriff’s Department and the BLM.
67. When will the supplementary rule on the prohibition on burning pallets be completed?
It is unknown. However, the BLM will continue to enforce the current littering laws.
68. Will the ISDRA LEO's be enforcing sound restrictions next season?
Yes, the BLM enforces all applicable county, state and federal laws in the ISDRA.
69. What is the status of geothermal leases in the Mammoth Wash Area?
The BLM is analyzing geothermal leasing as part of the RAMP process.
70. When will BLM appoint the new DAC Advisory Committee for ISDRA?
The CDD plans to issue a news release and an invitation to apply for membership on the sub-group soon. The BLM plans to present membership recommendations to the DAC in June.
T
HE FOLLOWING ARE QUESTIONS AND ANSWERS COMPARING CALIFORNIA LAWS TO ARIZONA LAWS .71. Are most California off-road regulations the same in Arizona or Nevada?
No.
When riding in the ISDRA you must follow California OHV laws. For a complete list please go the following web site www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm and review Division 16.5.
72. Is it ever legal to ride double on an ATV in California or Arizona?
In California, yes, when the vehicle is manufactured for multiple passengers. CVC 38506 states no operator of an all-terrain vehicle may carry a passenger when operating on public lands. However, the operator of an all-terrain vehicle that is designed for operation off of the highway by an operator with no more than one passenger may carry a passenger when operating on public lands.
In Arizona it is legal to ride double if the ATV is manufactured to accommodate two persons.
73. Are the laws the same in California and Arizona for minors riding off-road?
No.
California has laws regulating minors riding ATVs. When riding in the ISDRA, only California laws apply. Those are:
Although not specific to minors, the operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle (CVC 38304).
Conditions for Operating: Minors
CVC 38503. No person under the age of 18 years, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions: (a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor. (b) The person is under the direct supervision of an adult who has in their possession an appropriate safety certificate issued by this state, or issued under the authority of another state. (c) The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state.
CVC 38504. No person under 14 years of age, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the conditions set forth in Section 38503 and, in addition, is accompanied by and under the direct supervision of a parent or guardian or is accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian
CVC 38504.1. (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child shall grant permission to, or knowingly allow, that child to operate an all-terrain vehicle in a manner that violates Section 38504.
There are no age restrictions for driving UTVs on unpaved or un-graveled roads in unincorporated areas of Arizona.
74. What are the laws for the decibel levels of vehicles at the ISDRA? Does it apply only to ATVs or all vehicles? Are the laws the same for Arizona?
The California laws that apply in the dunes are as follows:
Highway Registered:
CVC 27150. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.(b) Except as provided in Division 16.5 (commencing with Section 38000) with respect to off-highway motor vehicles subject to identification, every passenger vehicle operated off the highways shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Article 2.5 (commencing with Section 27200), and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
Off-Highway Registered:
CVC 38365. (a) Every off-highway motor vehicle, as defined in Section 38006, shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38370, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
CVC 38370. (h) On and after January 1, 2003, off-highway motor vehicles, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions.
(1) Noise emissions of competition off-highway vehicles manufactured on or after January 1, 1998, shall be limited to not more than 96 dBA, and if manufactured prior to January 1, 1998, to not more than 101 dBA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. Noise emissions of all other off-highway vehicles shall be limited to not more than 96 dBA if manufactured on or after January 1, 1986, and not more than 101 dBA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.
There are no laws for decibel levels of vehicles operating on unpaved and un-graveled roads in unincorporated areas of Arizona.
75. Do Arizona and California driving and drinking laws apply off-highway? What is the rule on open containers? Can a passenger in my off road vehicle drink while I drive?
In Arizona, driving and drinking laws apply off-highway. No open containers are allowed in a vehicle. These same rules apply for the OHV designated trails at the Cinders near Flagstaff, Arizona.
In California, drinking and driving laws apply off-highway (CVC, Division 11, Chapter 12).
Also, CVC 23220 (a) states no person shall drink any alcoholic beverage while driving a motor vehicle upon any highway or on any lands described in subdivision (b) As used in subdivision (a), "lands" means those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
CVC 23223. (a) No driver shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) No passenger shall have in his or her possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.
76. Can I drive my ATV, UTV or Golf Cart that is street legal in Arizona on California highways?
ATVs, UTVs and golf carts cannot be modified to be street legal in California Most of these vehicles do not meet federal or California requirements to be street legal; therefore they are illegal to operate on streets or highways in California
77. Do you have to have a non-resident sticker to use an OHV in California if you are from Arizona? Does the Arizona off-road "RV Plate" or an Arizona street legal "MC Plate" satisfy the California OHV sticker requirements?
While the "RV" plate does not technically meet the legal requirements of registration for California, BLM will honor both the Arizona "RV" plate, if properly mounted on the vehicle until 7/1/09. After that date Arizona OHV registration or Arizona highway registration will be required.
Beginning 7/1/09, you will need to purchase and display a California non-resident permit if you do not have valid Arizona OHV registration.
78. Is a spark arrestor required on all off road vehicles? Are they required at the ISDRA? Are they required in Arizona?
While riding in the ISDRA, all visitors must follow California OHV laws and have a properly working spark arrestor on their OHV.
CVC 38366 (a) Notwithstanding Section 4442 of the Public Resources Code, and except for vehicles with mufflers as provided in Article 2 (commencing with Section 27150) of Chapter 5 of Division 12, no person shall use, operate, or allow to be used or operated, any off-highway motor vehicle, as defined in Section 38006, on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle is equipped with a spark arrester maintained in effective working order.
Yes, they are required in Arizona on all off-road vehicles.
79. Are UTVs regulated by ATV laws/regulations or by laws/regulations relating to sand buggies at ISDRA? Are there laws/regulations that pertain to UTVs? Is there a difference between laws/regulations in California and Arizona for UTVs?
Arizona and California have different OHV laws.
In Arizona the same laws apply for UTVs as ATVs.
For UTVs, sand rails, ATVs on Forest Service routes: If the vehicle is 50" or less they can travel on our trails per the 2005 Travel Mgmt. Rule. If they are OVER 50" they must stay on roads. This means if the vehicle is over 50" it can be driven on our Level 2 roads that are maintained only by the FS; not the state, county or local government without being street legal and without a licensed driver. If they are on roads that are paved or graveled and are maintained by the state, county or local government - they must be street legal with licensed drivers.
In California, there are no laws which pertain specifically to UTVs. However, those laws pertaining off-highway vehicle use may be found in CVC Division 16.5.
80. Are there any age restrictions for driving a UTV off road in Arizona or California? What are the driving age rules for UTVs? Are the age rules different from golf carts or ATVs?
There are no age restrictions for driving UTVs on unpaved or un-graveled roads in unincorporated areas of Arizona.
In California, there are no age restrictions to operate a UTV or golf cart, however, CVC 38304 states that the operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle.
There are ATV age requirements in California related to safety training. They are as follows
CVC 38503. No person under the age of 18 years, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions: (a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor. (b) The person is under the direct supervision of an adult who has in their possession an appropriate safety certificate issued by this state, or issued under the authority of another state. (c) The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state.
CVC 38504. No person under 14 years of age, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the conditions set forth in Section 38503 and, in addition, is accompanied by and under the direct supervision of a parent or guardian or is accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian.
CVC 38504.1. (a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child shall grant permission to, or knowingly allow, that child to operate an all-terrain vehicle in a manner that violates Section 38504.
81. Is Phoenix Metropolitan closed to OHVs?
New laws have been adopted across the Phoenix metropolitan area in response to air quality concerns. Some cities now restrict the operation of motorized vehicles on many unpaved roads and vacant lots. Check with your local law enforcement or city office to find out if your recreational use is permissible.
On days when a high pollution advisory FOR PARTICULATE MATTER has been issued by the Arizona Department for Environmental Quality (ADEQ), off-highway vehicle activities on unpaved surfaces will not be permitted in most incorporated areas of Maricopa County and some portions of other counties. ADEQ determines what days qualify as HPA days for PM-10. For more information and to sign up for text message alerts go online to www.azdeq.gov/sms.html.
82. Where to ride in Maricopa County, Arizona?
In Arizona, most city, town, and county parks do not offer off-highway vehicle (OHV) recreation opportunities. The state has limited opportunities on Arizona State Trust Land (managed by the Arizona State Land Department) and there are no OHV Arizona State Parks. Federal agencies, including the United States Department of Interior, Bureau of Land Management (BLM) and the United States Department of Agriculture, Forest Service provide the most OHV recreation opportunity in Arizona. Before you operate your OHV, contact the appropriate land manager to check on route closures, fire danger, local conditions, special permits/permission, OHV policy, and maps of route and area information.
Some places to ride in Maricopa County are listed as
#19, 20, and 21 on the map at http://azstateparks.com/OHV/wheretoride.html.
For additional opportunities in Maricopa County, call the appropriate
landowner. If you do not know who the landowner is complete the
following steps:
1. Visit ALRIS at http://www.land.state.az.us/alris/
2. Click on“ASLD Parcel Viewer”
3. Click on the “help” button to review the help topics. Close the help screen after you complete the “Basic Tutorial”
4. Look at the“Layers” on the right hand side of the screen. Click on the square and round button on the “Land Ownership” layer.
5. Use the+ magnifying glass icon in the upper-left corner to zoom into the location of your choice. You must click on the map to zoom in.
6. Once you find your riding location, click on theblack “i” (identify) icon in the upper left corner. Then click on the map again.
The Land Ownership information will show at the bottom of the map.
a. Tip: If land ownership does not display at the bottom of the map then assure that you have the round button checked on the “Land Ownership” layer.
7. Call the landowner to find out if OHV operation is permitted.
Some phone numbers are listed at:
http://azstateparks.com/OHV/call.html