Here's the bottom line in all of this discussion. If you own a factory dual sport motorcycle, you are not required to buy the OHV decal, per state law. A strict reading of the law indicates that factory dual sport motorcycles are not allowed to buy it. Law enforcement and the DMV have mixed messaging on the topic, which my office is currently discussing with AGFD & ASLD. We hope to have simple instructions for the MVD & law enforcement agencies in the future, perhaps even changes to the law if required. In the mean time:
- If you are instructed to get an OHV decal for your factory dual sport by law enforcement or a judge, you might as well since it will save you money.
- If you are cited for not having an OHV decal on a factory dual sport, the law is on your side and it will be up to you to educate LEO and possibly a judge, but you will be within the law.
- If you own a factory dual sport and choose to purchase a OHV Decal + MC registration and sign the affidavit stating it "is designed by the manufacture primarily for travel over unimproved terrain"...you are placing yourself in a grey area of the law. Due to various agency level interpretations of the law, this may or may not be legal. I'm guessing the MVD will lock this down if you guys keep making a stink about it. Think about it, you buy a $10K plus dual sport and register OHV+MC, they lose a lot of tax revenue. If the law changes, this will be one of the leading reasons. In the mean time, you have been warned :)
The one thing I can guarantee, if you are on a legally defined road, paved or dirt, you better have an MC plate with current registration and insurance. The only exception to that is if you are on a RV plate with OHV decal and using a short section of legally defined road to connect trail experiences. Riding from your house in town to get to a trail on a legal road must be done with an MC plate only.
Sorry it is confusing. I don't write the laws or have anything to do with enforcing them. I'm the guy who is trying to get more trails built and provide accurate public information on the conditions in which I work.