Help me Clarify UTV Laws her in AZ

[Adicted]

When I'm out in the desert hauling @$$ with the family of 4 in my Teryx the kids always wear helmets. But my question is when I'm out hunting and just cruising to another spot, ( not hauling butt), do my kids need to where a helmet. What is the law?

 

I have asked a few buddies and some have said under 18 yes no matter what. Others said if they are a passenger in a Side by Side, then they dont have to wear it. If they are on a quad or dirtbike (yes they do), but side by side no. Can anyone clarify this for me.

[.270]

a friend got pulled over last summer because his grandkids didn't have helmets in his side by side. he researched it some and felt that wasn't the case afterward but the bunnycop still pulled him over. also heard of guys out in the middle of nowhere getting ticketed because they didn't have a seatbelt on in a side by side. i think pretty much everything is against the law anymore. Lark.

[rossislider]

The AZGFD officer/warden in charge of this (I don't remember her name) was in the unit 1 turkey camp back in April and addressed this the last night of the camp. She said that kids had to have helmets on 100% of the time without exception or a citation would be given.

[JLW]

When I'm out in the desert hauling @$$ with the family of 4 in my Teryx the kids always wear helmets. But my question is when I'm out hunting and just cruising to another spot, ( not hauling butt), do my kids need to where a helmet. What is the law?

 

I have asked a few buddies and some have said under 18 yes no matter what. Others said if they are a passenger in a Side by Side, then they dont have to wear it. If they are on a quad or dirtbike (yes they do), but side by side no. Can anyone clarify this for me.

from the OHV brochure

http://www.azgfd.gov/pdfs/outdoor_recreation/ohv/atv_brochure.pdf

 

OHV protective clothing Required Protective Gear Helmet: A helmet is the most important piece of equipment you can wear. A minimum DOT-safety rated motorcycle helmet is required for all operators and passengers of all OHVs who are under 18 years of age and strongly recommended for ALL OHV operators and passengers. DOT-rated helmets offer the only protection against head injuries in the event of an accident and also protect against discomfort from windblast, cold, noise, vegetation and flying objects.

 

James

[Str8Shot]

28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; prohibition

A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab.

B. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator. A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat, footrests and handrails for the passenger.

C. A person shall not operate a motorcycle, all-terrain vehicle or motor driven cycle equipped with handlebars that are positioned so that the hands of the operator are above the operator's shoulder height when the operator is sitting astride the seat and the operator's hands are on the handlebar grips.

[cramerhunts]

My side by side is street legal and registered that way along with an OHV sticker, I've been pulled over a couple of times by cops with my kids in it (they had on their seat belts and eye protection) without any mention of a helmet required. I'll be danged if I'm going to make them wear helmets in a vehicle with a roll cage and their back sides seat belted in. When we had quads that was a different story. I've also stopped and talked to a number of game wardens as well as forest service guys while the kids were with me without mention of it either.

[Big Browns]

The word "shall" can be interpreted many different ways. Unfortunately it's ultimately up to the officer. My kids will have to wear a helmet at all times! Better safe than sorry!!!!!

[HuntHarder]

Unless you have taken your stock roll cage off and replaced it with a strong roll cage, I would, at a minimum, have the kids wear a helmet. The stock roll cages are far from sufficient and bend rather easy.

[Str8Shot]

shall

[shal; unstressed shuh l]

• Examples
  
• Word Origin
  

auxiliary verb, present singular 1st person shall, 2nd shall or (Archaic) shalt, 3rd shall, present plural shall; past singular 1st person should, 2nd should or (Archaic) shouldst or shouldest, 3rd should, past plural should; imperative, infinitive, and participles lacking.

1.

plan to, intend to, or expect to:

I shall go later.

2.

will have to, is determined to, or definitely will:

You shall do it. He shall do it.

3.

(in laws, directives, etc.) must; is or are obliged to:

The meetings of the council shall be public.

4.

(used interrogatively in questions, often in invitations):

Shall we go?

Not to many ways to interpret the word Shall and the law only interprets the word ONE way " MUST "

[murfys69law]

My side by side is street legal and registered that way along with an OHV sticker, I've been pulled over a couple of times by cops with my kids in it (they had on their seat belts and eye protection) without any mention of a helmet required. I'll be danged if I'm going to make them wear helmets in a vehicle with a roll cage and their back sides seat belted in. When we had quads that was a different story. I've also stopped and talked to a number of game wardens as well as forest service guys while the kids were with me without mention of it either.

I get what you are saying Cramer. Just a word of advise. I lost my oldest daughter in Dec of 2015. Wasn't because of a side by side but it was a terrible thing to happen to our family. I would hate for you to have a loss of a child that may have been prevented by such a small thing as a helmet. Remember, they are looking to you for leadership, guidance, and to protect them. jmo

[PRDATR]

 

My side by side is street legal and registered that way along with an OHV sticker, I've been pulled over a couple of times by cops with my kids in it (they had on their seat belts and eye protection) without any mention of a helmet required. I'll be danged if I'm going to make them wear helmets in a vehicle with a roll cage and their back sides seat belted in. When we had quads that was a different story. I've also stopped and talked to a number of game wardens as well as forest service guys while the kids were with me without mention of it either.

I get what you are saying Cramer. Just a word of advise. I lost my oldest daughter in Dec of 2015. Wasn't because of a side by side but it was a terrible thing to happen to our family. I would hate for you to have a loss of a child that may have been prevented by such a small thing as a helmet. Remember, they are looking to you for leadership, guidance, and to protect them. jmo

 

 

I can attest to what Murfys said. I lost my only daughter 8 years ago when she was 18. Dumb stuff that kids do absolutely ruined my life.

[5guyshunting]

28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; prohibition

A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab.

B. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator. A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat, footrests and handrails for the passenger.

C. A person shall not operate a motorcycle, all-terrain vehicle or motor driven cycle equipped with handlebars that are positioned so that the hands of the operator are above the operator's shoulder height when the operator is sitting astride the seat and the operator's hands are on the handlebar grips.

once was a cop, and your posting laws that are legit. Tell me the the qualifications of the operator. I have never heard a straight answer on that, and have asked several times. Most utvs have a plate that starts with mc "motorcycle" technichally you need an mc license.

 

I have asked numerous lio this question, but they dont know sh$. I have the mc license , so im covered . Other guys may get fined. Let us know.

[cramerhunts]

Sorry for your guy's losses, I lost a cousin in a quad accident and hear what you are saying loud and clear. I have an aftermarket roll cage and as I stated we are in a side by side with shoulder belts and ROP's not a quad or dirt bike. Another thing to keep in mind is we are not talking about the dunes or tearing across the desert as the OP stated. To each their own and definitely wouldn't knock anyone wanting to wear a helmet.

[Str8Shot]

 

28-964. Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception; prohibition

A. An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator's or passenger's head in an appropriate manner. The protective helmet shall be safely secured while the operator or passenger is operating or riding on the motorcycle, all-terrain vehicle or motor driven cycle. An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield. This subsection does not apply to electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and passenger ride within an enclosed cab.

B. A motorcycle, all-terrain vehicle and motor driven cycle shall be equipped with a rearview mirror, seat and footrests for the operator. A motorcycle, all-terrain vehicle or motor driven cycle operated with a passenger shall be equipped with a seat, footrests and handrails for the passenger.

C. A person shall not operate a motorcycle, all-terrain vehicle or motor driven cycle equipped with handlebars that are positioned so that the hands of the operator are above the operator's shoulder height when the operator is sitting astride the seat and the operator's hands are on the handlebar grips.

once was a cop, and your posting laws that are legit. Tell me the the qualifications of the operator. I have never heard a straight answer on that, and have asked several times. Most utvs have a plate that starts with mc "motorcycle" technichally you need an mc license.

 

I have asked numerous lio this question, but they dont know sh$. I have the mc license , so im covered . Other guys may get fined. Let us know.

 

 

 

 

OTHER OHV REGULATIONS

 

DRIVERS LICENSE -A valid driver’s license is

required on city, county, and state roads and

highways as well as some Forest Service roads

and BLM-maintained roadways.

The laws are out there and your best resource is here!

http://azgfdportal.az.gov/PortalImages/files/OHV/atv_brochure.pdf

[Ed67]

I have a street legal ranger also. My understanding is they will ticket you for the non DOT approved off road tires if you have them on a street legal ohv.