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Old 01-26-2014, 08:08 PM   #27
Jeff aka BOLT
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Joined: Apr 2006
Location: Lost in the Mojave
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Quote:
Originally Posted by Xskydiver View Post
This should clear it up. Arizona Revised Statutes

28-1177. Off-highway vehicle user fee; indicia; registration; state trust land recreational permit; exception
A. A person shall not operate an all-terrain vehicle or an off-highway vehicle in this state without an off-highway vehicle user indicia issued by the department if the all-terrain vehicle or off-highway vehicle meets both of the following criteria:
1. Is designed by the manufacturer primarily for travel over unimproved terrain.
2. Has an unladen weight of eighteen hundred pounds or less.
B. A person shall apply to the department of transportation for the off-highway vehicle user indicia by submitting an application prescribed by the department of transportation and a user fee for the indicia in an amount to be determined by the director of the department of transportation in cooperation with the director of the Arizona game and fish department and the Arizona state parks board. The user indicia is valid for one year from the date of issuance and may be renewed. The department shall prescribe by rule the design and placement of the indicia.
C. When a person pays for an off-highway vehicle user indicia pursuant to this section, the person may request a motor vehicle registration if the vehicle meets all equipment requirements to be operated on a highway pursuant to article 16 of this chapter. If a person submits a signed affidavit to the department affirming that the vehicle meets all of the equipment requirements for highway use and that the vehicle will be operated primarily off of highways, the department shall register the vehicle for highway use and the vehicle owner is not required to pay the registration fee prescribed in section 28-2003. This subsection does not apply to vehicles that as produced by the manufacturer meet the equipment requirements to be operated on a highway pursuant to article 16 of this chapter.
D. The director shall deposit, pursuant to sections 35-146 and 35-147, seventy per cent of the user fees collected pursuant to this section in the off-highway vehicle recreation fund established by section 28-1176 and thirty per cent of the user fees collected pursuant to this section in the Arizona highway user revenue fund.
E. An occupant of an off-highway vehicle with a user indicia issued pursuant to this section who crosses state trust lands must comply with all of the rules and requirements under a state trust land recreational permit. All occupants of an off-highway vehicle with a user indicia shall obtain a state trust land recreational permit from the state land department for all other authorized recreational activities on state trust land.
F. This section does not apply to off-highway vehicles, all-terrain vehicles or off-road recreational motor vehicles that are used off-highway exclusively for agricultural, ranching, construction, mining or building trade purposes.



It's lengthy but section C is what we are talking about. A key point is the phrase "off of highways" not offroad. Most roads are not highways. It is however, legal to drive on highways. You could debate #1 in section A as to whether or not the vehicle is designed by the manufacturer primarily for travel over "unimproved terrain" however many, many roads in AZ are unimproved. Also section E states the legality of crossing state trust land.
It raises as many questions as it answers. Seems to me that it really doesn't matter whether one pays for on or off highway MC plates as long as you have the OHV indicia. One saves you money and if it is true that the "Primarily OFF Highway" plate has an MC and not an RV then good is good.

As vague as the statute is... and as wide ranging the interpretations are both with the public and the MVD staff, I have NO confidence that you could line up 10 LEOs and get the same interpretation more than twice either. Especially LEOs from different agencies.

Thanks again fellas.
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