TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 135 OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.90 SAFETY REQUIREMENTS


 

Section 135.90  Safety Requirements

 

a)         Restrictions for Vehicle Operators Under the Age of 18 on General Access Trails

 

1)         Operators age 16-17 must have a valid driver's license and a signed waiver from a parent or legal guardian delivered to the Department before operating a vehicle on an OHV Site. 

 

2)         Operators under the age 16 must have a signed waiver from a parent or legal guardian and be under direct supervision of a person over the age of 18 with a valid driver's license.

 

3)         Any other site restrictions shall be posted at the site's webpage and shall be posted at the entrance of the OHV site. All such postings shall be obeyed at all times.

 

4)         For purposes of this Section, direct supervision means being able to communicate with the minor child and being within line-of-sight at all times in order to prevent or stop unsafe behavior, unsafe operation, or to warn of dangerous conditions.

 

b)         Restrictions for Vehicle Operators on Youth Trails

Access to youth trails shall be limited to only those operators under the age of 16 and their accompanying supervisor who shall be over the age of 18. There shall be one supervising person over the age of 18 per youth operated vehicle. Such supervisor may be located in a separate vehicle, but in no instance shall there be more than one supervising vehicle per youth operated vehicle.

 

c)         Operation with Passengers

 

1)         Number of passengers cannot exceed manufacturer's recommended capacity and the number of restraints designed and installed for the vehicle.

 

2)         For an ATV or OHM, the passenger must be seated behind the operator and have the ability to securely hold on to the passenger handles or operator.

 

3)         For an OHV, a passenger must be able to place both feet flat on the floorboards with their     back resting against the seat back.

 

d)         OHV Requirements

 

1)         The OHV must be equipped with a roll-over protection system (ROPS) installed by the manufacturer.

 

2)         The OHV must be equipped with manufacturer seat belts or equivalent that are in good working order.

 

3)         Passengers must wear seat belts at all times and must keep feet and hands inside of the vehicle while the vehicle is in motion.

 

4)         The OHV cannot be wider than 64 inches.

 

e)         All OHVs, ATVs, and OHMs must have properly functioning spark arrestors and mufflers.  Any ATV, OHV, or OHM which does not meet the requirements of this Part shall be prohibited from entering or remaining upon OHV trails.