1. A. The owner or operator of an all-terrain vehicle (ATV) or off-highway vehicle (OHV) as defined under A.R.S. § 28-1171 shall not operate the ATV or OHV off-highway in this state without an Arizona off-highway vehicle user indicia. This requirement only applies to an ATV or OHV that:

   1. 1. Is designed by the manufacturer primarily for travel over unimproved terrain.
   2. 2. Has an unladen weight of two thousand five hundred pounds or less.

2. B. For lawful Arizona off-highway operation, the owner or operator of a qualifying nonresident ATV or OHV shall apply to the Department for an off-highway vehicle user indicia as prescribed under A.R.S. § 28-1177. The owner or operator shall submit to the Department:

   1. 1. The nonresident off-highway vehicle user indicia application furnished by the Department and available on the Department’s website,
   2. 2. The fee established under subsection (C)(1), and
   3. 3. The convenience fee established under subsection (C)(2).

3. C. As authorized under A.R.S. § 28-1177:

   1. 1. The fee for the nonresident off-highway vehicle user indicia is $25.
   2. 2. The Department may also collect and retain a reasonable and commensurate fee for its services.

4. D. The owner or operator of the ATV or OHV titled or registered out-of-state shall display the nonresident off-highway user indicia in a manner that is clearly visible to outside inspection:

   1. 1. For vehicles with three or more wheels, on the left side rear quadrant of the vehicle.
   2. 2. For two-wheeled vehicles, the indicia shall be displayed on the left fork leg.
5. E. A printed receipt or an electronic copy of the receipt of payment for an annual decal that is purchased online shall serve as a temporary permit for a period of 30 days from the date of purchase.

6. F. Under A.R.S. § 28-1178, a person may operate an ATV or OHV in this state without the nonresident off-highway user indicia required under A.R.S. § 28-1177 when any one of the following applies:

   1. 1. The person is loading or unloading an ATV or OHV from a vehicle.
   2. 2. The person is participating in an off-highway special event.

   3. 3. The person is operating an ATV or OHV:

      1. a. During an emergency or as directed by a peace officer or other public authority.
      2. b. Exclusively for agriculture, ranching, construction, mining or building trade purposes.
      3. c. Exclusively on private land.

Historical Note

New Section made by final rulemaking at 25 A.A.R. 1860, August 31, 2019 (Supp. 19-3).