Date: 08/13/2015

Final
Presentation from Colorado Counties Inc.

OFF-HIGHWAY VEHICLES

Votes: View--> Action Taken:
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03:40 PM -- Presentation from Colorado Counties, Inc.

Tony Lombard, Colorado Counties, Inc. (CCI), Ouray County Commissioner Lynn Padgett, and Hinsdale County Commissioner Cindy Dozier came to the table to present. Mr. Lombard summarized how HB 15-1054 focused on a number of different issues for OHVs used on public roads: the safety of OHV operation, the exemption of agricultural OHV from statewide regulations, local control for counties to additionally regulate OHVs, requiring driver's licenses for OHV users that operate them on county roads, helmets for road users under 18 years old, headlights and tail lights for OHVs used on county roads, a speed limit of 35 miles per hour, and the requirement that the CPW permit be maintained. He said that the bill also mandated that counties must publish a map of all the county roadways and that county ordinances would not take effect until appropriate signage had been placed at roadway entrances. He responded to questions on CCI's response to the presentations the committee had received in its meeting of August 13, 2015, and on the potential regulations of OHVs.

Erin Reynolds, Legislative Council Staff, responded to a question on her original estimate of the fiscal impact of HB15-1054. The committee discussed its legislative goals for regulating OHVs.

Commissioner Padgett discussed potential solutions for OHV regulation in Colorado. She spoke to the Alpine Loop trail system that spreads throughout the San Miguel, San Juan, Ouray, and Hinsdale counties, and distributed a map of the loop to the committee (Attachment H). She explained the requirements that were put in place across the four counties to address the inherent danger of driving OHVs on the Alpine Loop trail system, which was developed from former mining roads and features hazardous driving conditions. She stated that their top priority in managing the loop is the licensing of drivers and the requirement of liability insurance for all OHV users of the Alpine Loop. She responded to questions on the local control that the four counties are looking for in regards to OHVs that are operated on the Alpine Loop. Commissioner Padgett stated that the counties are looking for the clear ability to have increased safety on the Alpine Loop, and said that a state program that requires a visible license plate on OHVs would be beneficial to counties and local law enforcement.

Attachment H.pdfAttachment H.pdf

04:12 PM

 Commissioner Padgett discussed existing statutes related to OHVs, and responded to questions on Alpine Loop user knowledge of local regulations versus statewide regulations, the importance of trail system regulatory uniformity versus statewide uniformity, and the degree of local control that the four counties are looking for.

Jery Payne, Office of Legislative Legal Services, came to the table to speak to whether CPW's Rule 504 governing OHVs is based on state law, and stated that CPW is given statutory rulemaking authority to govern OHV use on public lands.

04:17 PM

Commissioner Padgett discussed the legal history of the concerns raised by the four counties of the Alpine Loop and the confusion that has ensued on the legality of the counties in raising the age limit of users of the Alpine Loop. Committee discussion ensued. Commissioner Padgett spoke to the attempts of the four counties to gain relief so that they can require driver's licenses and liability insurance for OHV users of the Alpine Loop. The committee discussed the attempts of HB15-1054 to address many of the issues raised by Commissioner Padgett.

Commissioner Padgett provided proposed solutions to current OHV issues experienced in her county, including allowing counties to require OHV operators to have a valid driver's license and liability insurance, and to require a legible ID plate on OHVs. Committee discussion ensued.

04:29 PM

Commissioner Dozier said that the health, safety, and welfare of people in her county is her top priority. She said that she recognizes that one size does not fit all for regulation of OHVs in differing counties, and that issues need to be addressed through separate and prioritized pieces of legislation.

Commissioner Padgett responded to questions on the viability of only requiring the licensing of OHVs that are privately owned by individuals.

04:37 PM -- Jaime Lewis, representing the Colorado Cross Disability Coalition, came to the table to provide testimony. Mr. Lewis said that the use of transportation by persons with disabilities is increasing, and that providing an exemption of OHV laws for veterans and people with disabilities through an exemption sticker would be useful and should be considered during discussions surrounding increased OHV regulation. He noted that operation training for those in the community who do not have licenses would also be beneficial.