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Discussion in 'West – California, the desert southwest and whatev' started by WantToRideMoar, Jan 17, 2014.
most other places call it DMV.
Better double check that #1 reason. Pretty sure it isn't right.
I was told that you cannot ride a "mostly off-road" registered bike on the Interstate. All other roads were fair game. But, it seems like AZ needs to put out better information on this situation.
Knowing I wanted (read: needed) to use the Interstate on my bike, I went with the on road registration with the OHV sticker to allow access to the OHV areas.
Don't know which way is correct...
AZ Parks guy... got any knowledge on this one: MVD has made it clear to me three times... again Wednesday last week... that a PRIMARILY OFF ROAD registration allows an mc to travel from OHV area to OHV area ONLY.
No cruising around town for errands... no commuting to work or school. OHV activity ONLY.
Whether LEO will stop and check you on this is not my point. I'm interested in what the law says.
This should clear it up. Arizona Revised Statutes
28-1177. Off-highway vehicle user fee; indicia; registration; state trust land recreational permit; exception
A. A person shall not operate an all-terrain vehicle or an off-highway vehicle in this state without an off-highway vehicle user indicia issued by the department if the all-terrain vehicle or off-highway vehicle meets both of the following criteria:
1. Is designed by the manufacturer primarily for travel over unimproved terrain.
2. Has an unladen weight of eighteen hundred pounds or less.
B. A person shall apply to the department of transportation for the off-highway vehicle user indicia by submitting an application prescribed by the department of transportation and a user fee for the indicia in an amount to be determined by the director of the department of transportation in cooperation with the director of the Arizona game and fish department and the Arizona state parks board. The user indicia is valid for one year from the date of issuance and may be renewed. The department shall prescribe by rule the design and placement of the indicia.
C. When a person pays for an off-highway vehicle user indicia pursuant to this section, the person may request a motor vehicle registration if the vehicle meets all equipment requirements to be operated on a highway pursuant to article 16 of this chapter. If a person submits a signed affidavit to the department affirming that the vehicle meets all of the equipment requirements for highway use and that the vehicle will be operated primarily off of highways, the department shall register the vehicle for highway use and the vehicle owner is not required to pay the registration fee prescribed in section 28-2003. This subsection does not apply to vehicles that as produced by the manufacturer meet the equipment requirements to be operated on a highway pursuant to article 16 of this chapter.
D. The director shall deposit, pursuant to sections 35-146 and 35-147, seventy per cent of the user fees collected pursuant to this section in the off-highway vehicle recreation fund established by section 28-1176 and thirty per cent of the user fees collected pursuant to this section in the Arizona highway user revenue fund.
E. An occupant of an off-highway vehicle with a user indicia issued pursuant to this section who crosses state trust lands must comply with all of the rules and requirements under a state trust land recreational permit. All occupants of an off-highway vehicle with a user indicia shall obtain a state trust land recreational permit from the state land department for all other authorized recreational activities on state trust land.
F. This section does not apply to off-highway vehicles, all-terrain vehicles or off-road recreational motor vehicles that are used off-highway exclusively for agricultural, ranching, construction, mining or building trade purposes.
It's lengthy but section C is what we are talking about. A key point is the phrase "off of highways" not offroad. Most roads are not highways. It is however, legal to drive on highways. You could debate #1 in section A as to whether or not the vehicle is designed by the manufacturer primarily for travel over "unimproved terrain" however many, many roads in AZ are unimproved. Also section E states the legality of crossing state trust land.
It raises as many questions as it answers. Seems to me that it really doesn't matter whether one pays for on or off highway MC plates as long as you have the OHV indicia. One saves you money and if it is true that the "Primarily OFF Highway" plate has an MC and not an RV then good is good.
As vague as the statute is... and as wide ranging the interpretations are both with the public and the MVD staff, I have NO confidence that you could line up 10 LEOs and get the same interpretation more than twice either. Especially LEOs from different agencies.
Thanks again fellas.
Thanks for the correction Jeff. I was thinking of "access" being more like staging, camping, and generally hanging out and riding.
I'm impressed that Jeff Prince is contributing here. Although it would be possible to wish for less regulation, Arizona's OHV management is on a positive trajectory and plating a bike is far easier than elsewhere.
Re LEOs: if you are plated, stickered, insured, licensed, and where you're supposed to be, you're good. The last part is much the most challenging.... And yes, you are street legal, FFS...
What I don't like about the OHV is I have street legal DR 650:licensed registered and insured. And I still got a ticket by the Park Ranger for no OVH tag.What gives:huh.Now I have two registrations to deal with.I is not a dirt bike,it just look like one(now).
This one will be interesting. I don't see how that's possible either, unless you were in an OHV park.
And thank you very much for having a reciprocal OHV decal deal with other states. I come from Michigan, have a plated bike /ORV decal from MI that is good in AZ when I ride there.Your OHV decal is not as easy to buy as a MI one though.... We just get ours from any hardware store like a fishing lisc and it has no registration to your bike attached to it at all. Our fee is $16.25/yr. In many MI counties you can ride your crosser right into towns without a L/P as long as you have a sticker, a quiet muffler/SA. VERY LIBERAL.
If you go up to Colorado they expect you to buy yet another ORV sticker!!! Nothing like being taxed in 2 states....
I had an argument about that too. It was when I had a Honda XR650L. I didnt get a ticket. He was not sure about the regulation himself. I pointed to the jeeps and asked if they needed one. My bike was plated MC and factory street legal.
I see in the documentation that it just now covers two wheeled vehicles. So I need to get one for my BMW F800GSA. They really need to get out better education instead of just hiring more people to enforce the $25 OHV sticker.
It sounds like you can volunteer to provide the education you talk about?
how many times will this come up?
Register your bike as a mostly off road, get your damn OHV sticker which reduces your registration cost, PAY LESS for the entire thing and avoid your ticket.
gees, how hard is this?
Bike had the registered plate (MC) on it when I bought in '03,didn't know anything about OVH
Ticket on Oct '13 of Lake Mary Rd(Flagstaff, Coconino County 3E trail #,
Park Ranger. Ranged said "get the tag and show me and won't turn in the ticket"
Went down the next day to AZ DMV ,15 mins. and 10$ later got the tag.Slapped it on my plate and sent the Ranger a pic,got text" all good don't worry about". Went to the Judge Clerk the day before Summons date,nothing on the docket for me.
Crazy,now I have two registration.Have to check at out again when registration comes up.
Something about 1800lbs or Less.
Is the DR650 primarily made for unimproved roads by the manufacture?
I doubt it
3E is Forest Service Road in the Coconino National Forest and it was a Forest Service Officer,really don't remember I remember seeing Ranger on the sleeve,he did have a gun don't remember a badge,he was in a glorified 4-wheel drive golf cart with red and blue lights .This is a street legal motorcycle from the factory does have blinkers,they are led's so when it gets dumped they don't break off,took off the stock ones off,they break too easy. Cited for no OHV tag. I was not riding off trail,I was on the road
Dr650 only come in street legal version.Tried to argue the point that is a factory street legal motorcycle from the factory,he didn't want any of that.Ya it looks like a big dirt bike,but it isn't.
This is an excellent discussion, and a lot of useful information for people who wish to register OHV vehicles... however, excuse me while I step around the HUGE elephant in the room - both metaphorically and literally!
The OP has just bought a Triumph Tiger 800XC - that is barely an 'off-road' motorcycle at all, never mind one you'd use regularly in an OHV park?
Surely you'd save a lot of grief by just registering it in the usual way? - you can't be that short of cash if you've just bought a 2013 model!
Just my 2c to go towards your regular motorcycle fee ;o)
Its really not an elephant. The law is very clear its law enforcement that is having difficulty. There getting better but still have a ways to go.