Derrick Whitehead 0

Legalize Street Use Of UTV's in Texas

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As a Side-by-Side Utility Vehicle enthusiast, I would like to ask you to consider offering legislation that would define these vehicles in the Texas Transportation Code and like many other states allow for their registration for on-road use once specific safety equipment requirements have been met.
These vehicles are enjoyed by tens of thousands across the State of Texas in farming, ranching and entertainment endeavors. Most Side-by-Side vehicles are manufactured to exceed 25mph and therefore cannot be legally registered as a “slow moving vehicle” as can most golf-carts. In fact most of the newer of these vehicles can easily reach 50 mph, putting it in the arena with most Jeeps manufactured through the 60’s and the like that are readily registered for street use. In addition, most electric vehicles, hybrids and ultra-compact vehicles like the SMART car are smaller and slower than the Side-by-Side vehicles being manufactured today. State law currently allows for registration of home built and “dune” buggies that may or may not meet the same standards of commercial manufacturers with nothing more than a trip to an inspection station. Registration of the Side-by-Side vehicles should be at least as easy as a home built vehicle. These vehicles are significantly safer than motorcycles that are currently registered without regard for their manufacturer for on or off-road use.
Texas Representative Allan Ritter introduced HB227 in 2007 that would have provided for the definition of these vehicles and for the allocation of special licensing by TxDOT. During a busy legislative session, this bill passed with no opposition in the House, but died with no action in the Senate. This bill would have allowed cities and counties to authorize Side-by-Side operation by vote. While this bill would have been a good start, I would like to see a bill that gives the ability to register their vehicle to those owners who meet specific safety requirements to operate on all but limited access highways.
Creating legislation that defines the vehicles and requires specific safety equipment would add another layer of control on the safety of these vehicles. Due to their popularity, these vehicles also present a potential additional revenue stream for the State. With ever rising energy costs and environmental concerns, many citizens are looking for smaller alternative transportation ideas, as well.
A number of other states including; Montana, Utah, Arizona, Indiana, Michigan, South Dakota and Minnesota provide for on-road use of these vehicles. I have included proposed language for a potential bill that would serve your constituents well.

A BILL TO BE ENTITLED
AN ACT
relating to the operation of side-by-side utility vehicles on municipal streets or county roads.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONA1.AASubchapter F, Chapter 504, Transportation Code,
is amended by adding Section 504.511 to read as follows:

Sec.A504.511.AASIDE-BY-SIDE UTILITY VEHICLES.
(a) The department shall issue specialty license plates for an eligible side-by-side utility vehicle.
(b)AAThe fee for issuance of the license plates is $10.
(c)AAThis section applies only to a side-by-side utility
vehicle to be operated on municipal streets or county roads under
Section 551.981.


SECTIONA2.AAChapter 551, Transportation Code, is amended by
adding Subchapter Z to read as follows:

SUBCHAPTER Z.AAMISCELLANEOUS PROVISIONS
Sec. 551.981. OPERATION OF SIDE-BY-SIDE UTILITY VEHICLES.
(a) In this section:
(1)AA"Side-by-side utility vehicle" means a motor
vehicle that is not a golf cart and is:
(A)AAequipped with side-by-side seating for the
use of the operator and a passenger;
(B)AAdesigned to propel itself with at least four
tires in contact with the ground;
(C)AAdesigned by the manufacturer for off-highway
use only; and
(D)AAdesigned by the manufacturer primarily for
farming, ranching, sport riding, or utility work.
(E) designed or equipped to sustain vehicle speeds of atleast 30 mph for extended travel.

(b)AAThe operator of a side-by-side utility vehicle may operate the vehicle as provided if:
(1)AAthe vehicle is equipped with headlights and
taillights which are illuminated;
(2)AAthe operator holds a Class A, B, C, or M driver’s
license, as defined by Sections 521.081-521.084 or a commercial
driver’s license under Chapter 522;
(3)AAthe vehicle is registered under Section 504.511;
(4)AAthe operator establishes financial responsibility
for the vehicle under Section 601.051; and
(5)AAthe vehicle is equipped with a horn that complies
with Section 547.501.
(6) the vehicle is equipped with seat belts to restrain the driver and passenger.
(7) the vehicle is equipped with turn signals that can be illuminated.

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