Off-Highway Vehicles (08/13/2015)

Final
STAFF SUMMARY OF MEETING

OFF-HIGHWAY VEHICLES

Date:	08/13/2015	ATTENDANCE

Time:	01:05 PM to 04:44 PM	Baumgardner	E
		Brown	X
Place:	RM 271	Donovan	X
		Hamner	X
This Meeting was called to order by		Scott	X
	Representative Court	Court	X

This Report was prepared by
	Matt Kiszka
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Call to Order Presentation from the County Sheriffs of Colorado Presentation from the Associated Govts of NW Colorado Presentation from Trout Unlimited Presentation from Children's Hospital of Colorado Presentation from the Off-Highway Vehicle Coalition Presentation from Colorado Parks and Wildlife Presentation from the Colorado Auto Dealers Association Presentation from Colorado Counties Inc. Closing Comments		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

01:07 PM -- Call to Order

Representative Court, chair, called the meeting to order. She discussed the upcoming committee calendar. A packet of materials was distributed to the committee, including a copy of statutes and codes related to off-highway vehicles (OHVs), data from the Department of Revenue on the number of OHVs titled in each county, and a memo from the American Insurance Association discussing auto insurance and OHVs (Attachment A).

Attachment A.pdf

01:08 PM -- Presentation from the County Sheriffs of Colorado

Sheriff Fred McKee, Delta County, Sheriff Ronald Bruce, Hinsdale County, and Sheriff Anthony Mazzola, Rio Blanco County, came to the table to present to the committee. The testimony of various county sheriffs was distributed to the committee (Attachment B). Sheriff McKee introduced the panel and explained its involvement with all-terrain vehicles (ATVs) in Delta county. He spoke to the 23 ATV accidents that had occurred on county roads in these counties in the past 4 years. Sheriff McKee discussed the age limit in place for the use of ATVs, the need for local control for regulating ATVs, and whether the state should have laws that infringe upon the use of ATVs.

Attachment B.pdf

Sheriff Bruce discussed Arizona's experience with allowing OHVs to drive on public roads, the different dynamics of counties throughout Colorado, and how it makes the most sense to allow counties to determine themselves whether OHVs can use county roads.

Sheriff Mazzola discussed the very low incidence of OHV accidents that he had seen on county roads in Rio Blanco County, the use of ATVs by the agricultural community, the two OHV accidents that have occurred in the county in the past four years, and the number of accidents that Colorado State Patrol responds to on Rio Blanco's county roads. Sheriff Mazzola implored the committee to allow counties to decide whether or not they wish to allow OHVs on their roads.

01:28 PM

The sheriffs responded to questions on the necessity of a statewide registration system for OHVs. Committee discussion of this and local regulation of OHVs ensued. The sheriffs responded to a question on OHV users from other states that allow OHV operation on public roads and how this effects their driving on Colorado roads.

01:38 PM -- Presentation from the Associated Governments of Northwest Colorado

Mr. Richard Orf, Government Relations Representative at Orf and Orf, PC, Rio Blanco County Commissioner Jeff Eskelson, and Mesa County Commissioner Rose Pugliese, came to the table to present to the committee. Mr. Orf said that OHV use is a major economic driver in Rio Blanco and Mesa counties, which have a lot of federal land with unique terrain that requires the ability to exercise local control over OHV use. Mr. Orf read the testimony of Rangely Fire Chief Andy Shaffer (Attachment C). A copy of a Mesa County Board of Commissioners ordinance authorizing the use of OHVs on Mesa County roads was also distributed to the committee (Attachment D).

Attachment C.pdf

Attachment D.pdf

Commissioner Eskelson talked about the success enjoyed by Rio Blanco County with its 250-mile trail system for OHVs. He discussed the safety regulations put in place and the number of OHV users registered in the county, and said that the county has proven its safety record and the viability of widely allowing the use of OHVs on county roads.

01:48 PM

Commissioner Pugliese discussed the amount of paved roads in Mesa County, and the importance of maintaining local control for counties to allow the use of OHVs on county roads.

The panel responded to questions on possible registration requirements for OHVs statewide and locally, the option of voluntary statewide registration for those who wish to use an OHV on public roads, safety concerns surrounding OHVs on state and federal lands, federal rules for OHV use on federal land, and whether Rio Blanco County has developed terms to define its trail system and the use of that trail system.

02:00 PM

Committee discussion on OHV use and uniform regulations across counties ensued.

02:09 PM -- Presentation from Trout Unlimited

Shane Cross, Trout Unlimited, came to the table to present to the committee. He introduced Trout Unlimited and its involvement with OHV use in Colorado. Mr. Cross discussed the negative impacts of OHVs on public land health, such as vegetation and wetlands damage, soil erosion, deterioration of water quality, and the spreading of invasive weeds. Mr. Cross said that Trout Unlimited supports the use of OHVs and that it has an OHV program that designates appropriate routes for OHV use, encourages education for responsible use, and enforces Colorado Parks and Wildlife's (CPW's) OHV program. He discussed the current CPW OHV identification (ID) requirements and the need for increasing the ID visibility. He responded to a question on the viability of a statewide OHV registration system. Mr. Cross said that Trout Unlimited is dedicated to having legislation passed that makes IDs for OHVs more visible. He responded to questions on the state parks OHV registration program.

02:19 PM -- Presentation from Children's Hospital of Colorado

Zach Zaslow and Dwayne Smith, Children's Hospital of Colorado (CHC), came to the table to present to the committee. A copy of their presentation (Attachment E) and an opposition paper from the Speciality Vehicle Institute of America (Attachment F) were distributed to the committee. Mr. Zaslow described Children's Hospital Colorado and the services it provides. He provided data on child fatalities on public roads in Colorado and nationally, and said that the growing numbers of OHV-related fatalities nationally can be linked to the increasing use of OHVs on public roads. He responded to questions on the reasons why the treatment of OHV-related accidents increased at CHC from 2013 to 2014.

Attachment E.pdf

Attachment F.pdf

Mr. Zaslow provided the committee with data on the cost of emergency department and inpatient visits related to OHV accidents. Mr. Smith and Mr. Zaslow responded to questions on the location of accidents in the state for the data they had provided, and their policy recommendations in regards to the regulation of OHVs. Committee discussion ensued on the need for increased OHV identification. Mr. Smith and Mr. Zaslow responded to questions on the number of injuries that children suffer from other activities and the incidence of accidents on paved versus unpaved roads.

02:38 PM

Mr. Zaslow said that effective OHV injury prevention comes down to three things: education, engineering, and enforcement. Mr. Smith discussed the necessary equipment engineering standards that can increase OHV safety. Mr. Zaslow asked the committee to consider the possible negative impacts of allowing counties to set their own rules for the use of OHVs. He said that in an ideal world the CHC would like to see OHVs licensed and used only by adults. Mr. Smith and Mr. Zaslow responded to questions on the incidence of child-related bicycle accidents versus OHV accidents and the extremity of accidents from both.

02:46 PM -- Presentation from the Off-Highway Vehicle Coalition

Jerry Abboud, Off-Highway Vehicle Coalition, came to the table to present to the committee. Mr. Abboud said that he represented the community of OHV users in Colorado and asked the committee to avoid pulling OHVs into the definition of motor vehicles because it would cause confusion over where OHVs can be driven and where they cannot. He said that current statute allows political subdivisions to create an ordinance allowing for the use of OHVs on roads managed by the jurisdiction, but that a clear mandate from the state is needed to identify the exact authority of counties to require such things as driver's licenses or liability insurance for OHV users. He stated that regulatory uniformity is critical across counties, and that differing regulations are confusing for users, especially on forest service land, which does not have signage on trails to indicate county lines.

Mr. Abboud said that statewide registration requirements and taxation of OHVs will not generate a significant enough amount of revenue to make such policies worthwhile but that they would create an unnecessary burden for OHV users.

Mr. Abboud discussed how public lands are maintained in Colorado, noted that hunters and anglers provide most of the revenue towards maintaining Colorado's public lands, and said that many recreational OHV users support uniform regulation of OHVs. Mr. Abboud discussed how the Uniform Traffic Code does not currently apply to OHV users, which can lead to traffic enforcement challenges for local law enforcement. He responded to questions on the potential application of CPW registration requirements for OHVs statewide. The committee discussed the geographical awareness of most OHV users and the dilemma of Arizona OHV users, and others with limited liability corporations out-of-state, being able to drive on county roads in the 7th Judicial District when Colorado users may not.

03:01 PM -- Presentation from Colorado Parks and Wildlife

Margaret Taylor and Thomas Morrissey, CPW, Department of Natural Resources (DNR), came to the table to present to the committee. A copy of their presentation was distributed to the committee (Attachment G).

Attachment G.pdf

03:02 PM

The committee took a brief recess while the presenters set up their presentation.

03:09 PM

Mr. Morrissey discussed the use of trails in Colorado and the State Trails Program that is managed by CPW. He provided an overview of the amount and sources of funding for non-motorized trails, and the grant requests and awards received and made by CPW. He discussed CPW's OHV program, detailing how it registered 170,000 OHVs in FY 2014-15, including 135,000 in-state OHVs, and granted $4.2 million for on-the-ground trail projects. He responded to questions on whether the OHV program is optional, stating that anyone who wishes to use an OHV on an OHV-designated trail or on public lands must register the vehicle with CPW, with some exceptions. He responded to questions on the use of a sticker to identify CPW-registered OHVs and what this sticker helps CPW to do, and whether CPW's OHV program could be expanded to include statewide registration for all OHVs. Ms. Taylor said that the OHV program is a statewide program, and responded to questions on whether a law enforcement officer could issue a ticket for an incident involving an OHV that carries a sticker through the OHV program, and the current enforcement of registration requirements by CPW.

03:27 PM

Mr. Morrissey detailed the revenue collected by CPW for the OHV program, and discussed the education campaigns paid for by CPW from this revenue. He also spoke to CPW's Snowmobile Program, and discussed the activities carried out by CPW through its overall State Trails Program.

03:32 PM -- Presentation from the Colorado Auto Dealers Association

Tim Jackson, Colorado Auto Dealers Association, came to the table to present to the committee. Mr. Jackson discussed how the actions of the committee could affect motor vehicles in Colorado, noting how the definitions of a motor vehicle and an OHV are important. He spoke to non-compliance with federal safety and emissions standards by some vehicles coming into the state, such as kei vehicles, that can have access to public roads in some counties, and how a two-tiered standard could develop. He detailed the statutory definition of OHVs, discussing the licensing of motor vehicles in Colorado and how they have to maintain emissions and safety standards as required by the federal government, and the distinction between such vehicles and OHVs. He responded to questions on how Colorado allows OHVs on paved county roads. The committee discussed how it is attempting to address the issue of OHV users struggling to get from one trailhead to another when a county or state road is in between the trails.

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.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.

04:43 PM -- Closing Comments

Representative Court made some closing comments and discussed the upcoming meetings of the committee. The committee adjourned.