Summary of changes in the 2009 Ohio APV Laws

bigdatv

• Criminal trespass with APVs -- The law contains stiffer penalties for criminal trespass that involves an APV. Criminal trespass is the entering or remaining on another's land without permission or privilege, and is a fourth degree misdemeanor punishable by a fine of up to $250 and jail time of up to 30 days. Under the new law, when a person commits criminal trespass using an APV, a court must double the fine. Where a person is convicted three times of criminal trespass using an APV, the court may also impound the registration and license plate of the vehicle for at least 60 days.

• Registration fees -- The new law increases the registration fees for APVs, snowmobiles and off-highway motorcycles from $5 to $31.25 for the three-year registration period. The registrar may retain up to $5 of the fee and must deposit the remainder into the state treasury for the state recreational vehicle fund, which also receives amounts from fines issued under the law. Purposes of the fund include enforcing and administering laws regarding registration and operation of snowmobiles, off-highway motorcycles, and APVs; purchasing additional land to provide trails and other areas for such vehicles on state-controlled land and waters; and providing safety programs.

• Registration exceptions -- Ohio law currently requires registration of APVs, snowmobiles and off-highway motorcycles, with a few exceptions. One exception has been where an owner operates an APV on land owned or leased by the APV owner. The new law removes this exception for APVs, but not for snowmobiles and off-highway motorcycles. The law creates a new registration exception for APVs: an owner does not have to register an APV that is used primarily on a farm as a farm implement. As a result of these changes, a landowner using an APV on his or her own land is exempt from the registration requirement only if the land is a farm and the APV is used primarily for farm uses. The law also increases the penalties for operating an unregistered APV, snowmobile or off-highway motorcycle to no less than $50 and no more than $100.

• License plate requirements -- The new law requires operators of APVs to display a license plate and validation sticker rather than a registration number after July 1, 2010. An owner must display the license plate so that it is "distinctly visible" and in accordance with rules to be adopted by the Board of Motor Vehicles (BMV). After an owner obtains a license plate, the BMV will issue a new validation sticker to display on the license plate for each three-year registration period. The new license plate provision does not affect snowmobiles or off-highway motorcycles.

• Out of state driver's licenses -- The old law requires the operator of an APV, snowmobile or off-highway motorcycle to hold a valid driver's license from the State of Ohio. The new law allows a person holding a driver's license from another state to operate the vehicles.

According to Ohio law, an “all-purpose vehicle” is “any self-propelled vehicle designed primarily for cross-country travel on land and water, or on more than one type of terrain, and steered by wheels or caterpillar treads, or any combination thereof, including vehicles that operate on a cushion of air, vehicles commonly known as all-terrain vehicles, all-season vehicles, mini-bikes, and trail bikes.” The definition of “all-purpose vehicle” does not include golf carts or utility vehicles that are designed to transport materials or cargo.
_________________
Big D
President - Lake County Off Road
4x4 Chairperson - OMTA
1996 Jeep ZJ - Black
2007 CAN AM Outlander MAX 650 HO - Green

muddyrabbit · Mini rider Joined: 13 Aug 2009 Posts: 26

Yes, that is all correct. Plates were a concession, we're not big on it, especially since it's rather ineffective for combating trespass issues with the exemption for farmers, but it got the bill support from other groups. It, and most of the rest, passed in HB2, which went through the house faster than HB1. We ended up having to get a lot of damage control stuck into HB1, specifically the original farm exemption read as though farm APVs were not required to have a sticker to use public trails. The changes we inserted into HB1 were much more clear and fair, basically stating that a farm use APV does not need a registration if the owner qualifies for the CAUV tax credit, unless they use it on public trails at which point they must get a registration. Other changes to law include diverting fines from APV citations to the trail fund, cleaning up confusing language in the ORC, and registrations are now mandatory for all APVs and dirt bikes in Ohio. With something like $26 of each registration going to the trail fund this brings us a lot closer to some real miles of public trails in Ohio. Probably the biggest surprise victory we got was that we managed to remove language from the existing law that prohibited riders under the age of twelve from riding on ODNR controlled property.

With all the legislative victories we had this year we still have a lot to do. HB1 contained a butchering of APV title laws that snuck by us, it's bad for riders and dealers. It allows registrations to be issued without a title, even when the title exists for a vehicle. Since titles are proof of ownership, imagine selling your ATV to someone, who sells it to someone else, and the title is never transferred out of your name. 2 years down the road it's involved in a hit and run, found abandoned, the plate has been removed, but the title is still in your name... Dealers are already saying they will simply refuse a trade in if the title has been lost because it was not transferred from the last owner. There are dozens of bad scenarios, but we jumped on it as soon as we found it buried in HB1 (by an ODPS staffer who has since been fired). We contacted the dealers association immediately (they hadn't noticed yet, and they're PAID, beat to it by a volunteer lol.gif ). We're working on a joint solution and hope to have the original title law restored by late fall.
_________________
Matthew T. Mesarchik
OMTA Legislative Affairs Liaison (A.K.A. Director of Clandestine Ops)
National Off Highway Vehicle Conservation Council Associate State Partner
United we ride.
Divided we piss and moan about trail closures.

OhioMotorizedTrailsAssociation