What are the New Rules for Operating Off-road Vehicles in Arizona?

Arizona recently enacted some new regulations for operating off-road vehicles, also known as off-highway vehicles (OHVs). In 2024, legislators presented these changes to the law through Senate Bill 1567.

What changes should road users pay attention to?

Anyone who owns an OHV should learn about the new regulations to avoid violating them. A few important updates include:

• Driver’s license requirement: Starting in 2024, all OHV operators must have a valid driver’s license to operate on government-maintained roads. Operators who only use routes specifically designated for OHV use do not need to have a license.
• Mandatory safety course: Beginning in 2025, OHV drivers will need to complete a certified safety course. The Arizona Game and Fish Department will offer these courses, which require operators to prove they are competent at controlling their OHVs.
• Helmet use: All riders under 18 are required to wear helmets, with some exceptions for children who are properly secured in child restraint systems or if the vehicle includes a rollover protective system.
• Alcohol prohibitions: Open containers of alcohol are now prohibited for both drivers and passengers in OHVs.
• Parental accountability: If children under 12 are caught violating these laws, parents can be accountable and may face citations. For minors aged 12-15, either the operator or the parent may receive the citation.

What does Arizona law consider an off-road vehicle?

Under Arizona law, an off-road vehicle is any motorized vehicle primarily designed for travel on unpaved surfaces and not for use on public highways.

Here are the vehicles that fall under this definition based on Arizona law:

• All-terrain vehicles (ATVs): These are vehicles with three or more wheels primarily designed for off-road use.
• Utility terrain vehicles (UTVs): UTVs are larger than ATVs and often have multiple seats.
  While they are like ATVs in that they are used for off-road travel, they often have larger engines. Some may refer to these as side-by-sides because they have seats next to one another.
• Dirt bikes: These are motorcycles meant for off-road travel, specifically on unpaved terrain.

The Arizona law also includes specific requirements for OHVs, including:

• Registration with the Arizona Department of Transportation (ADOT)
• Display of an OHV decal
• Existence of equipment like headlights, taillights, and mufflers

Owners will need to pay careful attention to ensure they are following these requirements.

Why are OHVs popular in Arizona?

Off-road vehicles (OHVs) are particularly popular in Arizona, which means many residents will need to learn about these new requirements. Some reasons that the state has so many OHVs include:

• Diverse terrain: Arizona offers a wide range of landscapes ideal for off-roading. Desert areas, mountains, canyons, and forested trails are all attractive landscapes to explore using OHVs.
• Year-round off-roading weather: Arizona’s mostly mild and dry climate allows for off-roading throughout the year. Many other states experience snow or heavy rain that limit activity.
• Extensive public land: Arizona has vast amounts of public land where off-road vehicle use is permitted. Access to large, open spaces makes the state a haven for OHV users.
• Outdoor recreation culture: Arizona has a strong culture of outdoor recreation, including activities like hiking, camping, and off-roading. OHVs have become popular as they provide a way for residents and tourists to explore the state’s natural beauty and access remote locations.
• Variety of trails and events: Arizona’s off-roading community is supported by a variety of designated trails and organized events, including off-road races and group rides. Clubs and associations encourage a growing number of people to participate.

Are off-road vehicles prone to accidents?

While their popularity is indisputable, OHVs, including all-terrain vehicles (ATVs), dirt bikes, and side-by-sides, are prone to accidents. The inherent nature of off-road driving—on uneven, rugged, and often unpredictable terrain—combined with the powerful engines of these vehicles makes for a greater risk of crashes and injuries.

A few factors leading to OHV accidents and injuries include:

• Lack of protective barriers: Unlike regular cars, OHVs often lack safety features such as seat belts (in some cases), airbags, or enclosed cabins. Those features protect drivers in crashes involving standard vehicles like cars and SUVs.
• High speeds and maneuverability: Many OHVs can reach high speeds. On challenging terrain, their lightweight design can make them prone to flipping or rolling over, especially when riders are making sharp turns or traveling on slopes.
• Operator inexperience: Inexperienced operators are more likely to misjudge terrain or overestimate the capabilities of their vehicles. This risk is particularly high among young riders. As a result, Arizona’s new laws aim specifically to reduce the number of injuries and fatalities involving minors on OHVs.
• Environmental conditions: The whole goal of off-roading is to travel in remote, potentially difficult-to-navigate environments. Losing control is more likely in such places because of the rough or unpredictable surfaces.
• Lack of safety gear: Safety gear like helmets can protect against some of the more serious injuries that often happen in UTV accidents. Arizona now mandates helmet use for riders under 18 to limit the risks of injuries like brain damage for minors.

Some injuries that are common when UTVs crash include head trauma, broken bones, and even fatalities. These accidents are happening in both recreational settings and during unregulated, informal rides. Arizona hopes that the new regulations will decrease the number of injuries and deaths related to these vehicles by encouraging more responsible use of these powerful vehicles.

At Plattner Verderame, P.C., we represent individuals who have experienced severe injuries in an off-road vehicle accident. Call our personal injury attorneys in Phoenix or Tempe, or fill out a contact form. Initial consultations are free, and we accept cases on a contingency fee basis, meaning we only get paid if the case settles or we obtain a verdict on your behalf.