Understanding Idaho Statute 49-426 Section 4
Wednesday, August 12, 2015
Posted by: Gay Dawn Oyler
Understanding Idaho Statute 49-426 Section 4
(Restricted vehicles on a non-full access-controlled state highway)
The Idaho transportation board may designate sections of state highways over which all-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes may travel upon and cross. All-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes shall be permitted to travel upon and cross that portion of any non-full access-controlled state highway with a speed limit less than forty-five (45) miles per hour lying within the boundaries of a municipality unless closed as provided in subsection (3) of this section. The requirements of title 18 and chapters 2, 3, 6, 8, 12, 13 and 14, title 49, Idaho Code, shall apply to the operation of all-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes when using designated crossings or traveling upon state highways.
Q. What is a non-full access-controlled state highway?
A. A non-full access-controlled state highway has traffic control signs, intersections, and property access they do not have the controls in place to control ingress/egress (on-ramps/off-ramps).
Q. What is title 18?
A. Crimes and punishments
Q. What is title 49?
A. Motor vehicles
Q. What is title 46-426 (3)?
A. Any political subdivision of the state of Idaho may, but only after sufficient public notice is given and a public hearing held, adopt local ordinances or resolutions designating highways or sections of highways under its jurisdiction which are closed to all-terrain vehicles, utility type vehicles, specialty off-highway vehicles and motorbikes licensed pursuant to this chapter and numbered pursuant to section 67-7122, Idaho Code.
Q. What must be in place for 49-426(4) to allow the operation of OHVs?
- The posted speed limit must be below 45 miles per hour
- The section of highway must be within the boundaries of a municipality
- The OHV must meet all requirements for operation on city or county roads
Q. What is required for operation on city or county roads?
A. The following requirements must be met on city, county, and highway district roads.
• Valid restricted vehicle license plate. IC 49-402(4)
• Valid IDPR OHV registration sticker affixed to restricted vehicle license plate. IC 67-7122
• Valid driver’s license. IC 49-301
• Liability insurance or alternative insurance. IC 49-1223 or IC 49-1232
• A helmet under age 18. IC 49-666
• Muffler and U.S. Forest Service approved spark arrestor. Your muffler must be at or below 96dB at the half-meter test. SAE J1287. IC 67-7125
"All-terrain vehicle" or "ATV" means any recreational motor vehicle designed for or capable of traveling off developed roadways and highways with three (3) or more tires and fifty (50) inches or less in width, having a wheelbase of sixty-one (61) inches or less, has handlebar steering and a seat designed to be straddled by the operator.
"Highway" Section 40-109, Idaho Code, "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.
"Motorbike" means any self-propelled two (2) wheeled motorcycle or motor-driven cycle, excluding tractor, designed for or capable of traveling off developed roadways and highways and also referred to as trailbikes, enduro bikes, trials bikes, motocross bikes or dual purpose motorcycles.
“Municipality” a city or town that has corporate status and local government.
"Off-highway vehicle" means an all-terrain vehicle, motorbike, specialty off-highway vehicle or utility type vehicle as defined in this section.
"Specialty off-highway vehicle" means any vehicle manufactured, designed or constructed exclusively for off-highway operation that does not fit the definition of an all-terrain vehicle, utility type vehicle or motorbike as defined in this section. The vehicle classification provided for in this subsection shall become effective on January 1, 2010.
"Utility type vehicle" or "UTV" means any recreational motor vehicle other than an ATV, motorbike or snowmobile as defined in this section, designed for and capable of travel over designated roads, traveling on four (4) or more tires, maximum width less than seventy-four (74) inches, maximum weight less than two thousand (2,000) pounds, and having a wheelbase of one hundred ten (110) inches or less. A utility type vehicle must have a minimum width of fifty (50) inches, a minimum weight of at least nine hundred (900) pounds or a wheelbase of over sixty-one (61) inches. Utility type vehicle does not include golf carts, vehicles specially designed to carry a disabled person, implements of husbandry as defined in section 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho Code. A "utility type vehicle" or "UTV" also means a recreational off-highway vehicle or ROV.