Shipley bill would let ATV riders use designated roads

Published February 27th, 2010 // Times News Online


All-terrain vehicle (ATV) riders could get license plates and use designated locally approved roads under legislation advancing in the Tennessee General Assembly.

The legislation is sponsored by state Rep. Tony Shipley, R-Kingsport.

ATV use on Tennessee’s highways is currently prohibited except to cross roads, according to ATVSafety.gov. ATVs are also prohibited from state parks.

Shipley said ATV advocates approached him about introducing the bill, and he believes it could spur ATV tourism as well as generating other state revenue.

About a two-hour drive from Kingsport, Harlan County, Ky., is promoting “offroading” (www.harlancountytrails.com) as part of its tourism effort. West Virginia has “Hatfield-McCoy Trails” (www.trailsheaven.com) used by permitted ATV riders in the state’s southern end.

“From what I could discover it created millions and millions of dollars in the tourist trade — people are going to West Virginia to ride their four-wheelers up the mountain. ... We’ve got people who want to ride but no place to ride. They get tickets when they are on the right of way...” Shipley said. “The win-win for the state is you have to be licensed and have a tag.”

Shipley’s bill would authorize ATVs to be registered and have license plates at a cost of $14.50 per plate. The state’s Fiscal Review Office notes more than 25,000 ATVs could be registered per year, putting more than $360,000 per year in Tennessee’s coffers.

The legislation emphasizes ATV users would not be able to ride on interstates or two-lane highways but could run on roads approved by local governments.

Those local governments, according to the bill, could charge the ATV rider a fee of up to $25 per year to use the roads.

The governments, Shipley said, could also have “designated ATV days” and limit the road’s exposure.

“(The rider) could ride from a trailhead to a gas station,” Shipley explained. “The legislation is permissive. ... Local governments can identify routes. ... The Forestry Service roads are examples of places where these things can be rode once you have a tag. ... Cities can find some wild and woolly ground someplace.”

In Kingsport, for instance, the fire tower trail at Bays Mountain might be a place for ATV riders, said Shipley, but he added: “That’s not for me to decide.”

The bill calls for ATVs to have a working exhaust and lights to be operated a half hour before sunset or sunrise. Operators would need a valid driver’s license and crash helmet. Violators would be charged with a misdemeanor, according to the bill. For more information go to www.capitol.tn.gov. The bill’s number is HB 3079.

This is great news for us, another bill is being presented by state Senator Ken Yeager (SB 1205 Adventure Tourism and Rural Development act of 2011:::::

PLEASE everyone write or email these gentlemen if you live in Tn or visit our state to ride and give them support in this, the anti atv crowd are already speaking out, PLEASE write/email in support of these bills:::::Here is a recent article in our local newspaper in Scott county Tn home of Brimstone.......
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NASHVILLE — A discussion about making the area around Brimstone Recreation an adventure tourism zone has gone on for more than a year.

But if a bill sponsored by state Sen. Ken Yager, R-Harriman, is successful in the Tennessee General Assembly, such a move could take a big step toward reality.

Such designation would help circumvent state laws regarding the operation of all-terrain vehicles on public roads. Discussion of adventure tourism zones was spurred in part when former Scott County Sheriff Anthony Lay announced in 2009 that his department would begin enforcing state laws that prohibit the operation of ATVs on public roadways.

Prior to that announcement, however, the Town of Huntsville had already taken the initiative to adopt an ordinance that took some of the steps Yager’s legislation would take; namely, permitting the operation of ATVs on public roads.

Yager’s legislation, the Tennessee Adventure Tourism and Rural Development Act of 2011 (SB 1205) would direct the departments of Tourism Development, Environment and Conservation and Economic and Community Development to develop a plan for adventure tourism in rural areas of the state.

After the identification of such areas, which would almost certainly include Scott County, local governments would be empowered to establish, by a two-thirds majority vote of their governing bodies, adventure tourism zones. Off-highway vehicles would be permitted “upon any streets, roads or highways designated for such purpose and included within the boundaries of an adventure tourism district,” and the Department of Tourist Development would be called upon to provide financial assistance to assist with the development of adventure tourism areas.

Types of adventure tourism specifically mentioned in the bill are equestrian riding, ATV riding, whitewater rafting and kayaking, rappelling, rock climbing, hang-gliding and spelunking.

In addition to being geographically suitable for such sports, areas with persistently high unemployment would be given priority by the legislation.

The House version of the legislation is sponsored by state Rep. Judd Matheny, R-Tullahoma. Rep. Dennis Powers, R-Jacksboro, and Sen. Mike Bell, R-Riceville, have signed on as co-sponsors.

A similar bill sponsored by Yager and former state Rep. Les Winningham, D-Huntsville, was not promoted out of committee during the 2010 legislative session.

side by sides can get plates, limited to roads with 30 mph under in tennessee check your local gooberment HDQ

Rhino Rob wrote:

side by sides can get plates, limited to roads with 30 mph under in tennessee check your local gooberment HDQ

Actually it's posted speeds of 40mph or less....good for SxS but we need to get total clarification for all ATV's as well, please contact these folks and give your support, if we dont the anti atv crowd will be the only ones speaking up

Stakk wrote:

Rhino Rob wrote:

side by sides can get plates, limited to roads with 30 mph under in tennessee check your local gooberment HDQ

Actually it's posted speeds of 40mph or less....good for SxS but we need to get total clarification for all ATV's as well, please contact these folks and give your support, if we dont the anti atv crowd will be the only ones speaking up

Actually... lets split the difference


Tenn. Code Ann. § 55-8-191 allows low speed vehicles to be operated at a speed not exceeding twenty-five miles
per hour (25 mph) only on streets where the posted speed limit is thirty-five miles per hour (35 mph) or less. A low
speed vehicle is permitted to cross streets that exceed this thirty-five mile per hour limit.
In the interest of safety, counties in Tennessee or the Tennessee Department of Transportation may prohibit the
operation of low speed vehicles on any road in its jurisdiction.
Operators of low speed vehicles must have a Class D driver license in their possession when operating these
vehicles on Tennessee’s roads.

that above is the LOW speed vehicle requirements, the MEDIUM speed vehicle class allows up to 35mph on roads posted 40mph or less

medium speed vehicles
Tenn. Code Ann. § § 55-1-103, 55-4-111, 55-8-101, 55-8-191, and 55-50-102 provide
that medium speed vehicles may be titled and registered in Tennessee if they meet the
requirements outlined in the law. A medium speed vehicle is defined in Tennessee Code
Ann. § 55-1-124, as follows:
“Medium speed vehicle” means any four-wheeled electric or gasoline-powered
vehicle, excluding golf carts, whose top speed is greater than thirty miles per
hour (30 mph),but not greater than thirty-five miles per hour (35 mph),including neighborhood electric vehicles. Medium speed vehicles must comply
with the standards in 49 CFR 571.500.
The standard contained in 49 CFR 571.500 (Code of Federal Regulations) requires
medium speed vehicles to have basic safety equipment, including head lamps, stop
lamps, front and rear turn signal lamps, tail lamps, reflectors (one red on each side near
the rear and one red on the back), parking brake, one exterior mirror mounted on the
driver’s side of the vehicle and one additional mirror on the passenger side or an interior
mirror, a windshield meeting the standards outlined in 49 CFR 571.205, seat belts (type
1 or 2) located at each designated seating position, and a vehicle identification number
(VIN) that conforms to provisions outlined in 49 CFR 565. The purpose of this standard
is to ensure that medium speed vehicles operated on the public streets, roads, and
highways are equipped with the minimum motor vehicle equipment appropriate for
motor vehicle safety.
Important Information:
The laws regarding the operation of medium speed vehicles on Tennessee’s roads are
contained in Tenn. Code Ann. § 55-8-191. Medium speed vehicles can only be operated
on streets where the posted speed limit is forty miles per hour (40 mph) or less. A
medium speed vehicle is permitted to cross streets that exceed this forty mile per hour
limit.
Owners and operators of medium speed vehicles, including modified golf carts, are
subject to the requirements outlined in Tenn. Code Ann. § 55-8-191 regarding the
proper operation of these vehicles on Tennessee’s roads and must have a Class D driver
license in their possession when operating the vehicle.


apice of rope will not quailify as a seatbelt

Under penalties of perjury, I hereby certify that the vehicle whose vehicle identification number (VIN) is shown above is
equipped with the above listed items and meets all safety standards as required by the National Highway Traffic Safety
Administration, 49 CFR 571, and the vehicle’s top speed is greater than thirty miles per hour (30 mph) but not more than
thirty-five miles per hour (35 mph

I would love to get mine tagged, but none of the recreational sxs would fall under this 35mph limit. Gators and Mules maybe. I guess it depends how strict local boys are.


BTW, I live in Kingsport and this proposal pissed a lot of local tree huggers off since Bays Mountain is their local hugging spot. I'd love to see it pass just so I can drive by and smile....

Give Yamaha another year and the Rhino won't go over 35mph.

There's a reason I've been calling my 450 a redneck golf cart -- I fully intend to get it tagged as a medium speed vehicle, so I can ride it legally on the backroads of Blount County...

All I need to add is turn signals and reflectors...

The actual law:::::

Public Chapter No. 959 PUBLIC ACTS, 2008
1
PUBLIC CHAPTER NO. 959
SENATE BILL NO. 2857
By Johnson
Substituted for: House Bill No. 2679
By Casada
AN ACT to amend Tennessee Code Annotated, Title 55, relative to permitting the
operation of medium speed vehicles on public highways.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-1-103(3), is amended by
adding the language "or medium-speed vehicle" following the language "low-speed
vehicle" and before the language "as defined in this section".
SECTION 2. Tennessee Code Annotated, Title 55, Chapter 1, Part 1, is
amended by adding the following as a new, appropriately designated section:
§ 55-1-1__.
"Medium-speed vehicle" means any four-wheeled electric or
gasoline-powered vehicle, excluding golf carts, whose top speed is
greater than thirty miles per hour (30 mph) but not greater than thirty-five
miles per hour (35 mph), including neighborhood electric vehicles.
Medium-speed vehicles must meet or exceed the federal safety
standards set forth in 49 CFR 571.500.
SECTION 3. Tennessee Code Annotated, Section 55-4-111(a)(1), is amended by
adding the following language to the end of the present language:
CLASS (G) Medium-speed vehicles -- registration fee............................... $9.50
SECTION 4. Tennessee Code Annotated, Section 55-8-101(31), is amended by
deleting the present language in its entirety and substituting instead the following
language:
(31) "Motor vehicle" means every vehicle, including a low-speed vehicle
or a medium- speed vehicle as defined in this section, that is self-propelled,
excluding motorized bicycles, and every vehicle, including a low-speed vehicle or
a medium-speed vehicle as defined in this section, that is propelled by electric
power obtained from overhead trolley wires, but not operated upon rails;
SECTION 5. Tennessee Code Annotated, Section 55-8-101, is amended by
adding the following language as a new, appropriately designated subsection and by
redesignating the section accordingly:
Public Chapter No. 959 PUBLIC ACTS, 2008
2
(__) "Medium-speed vehicle" means any four-wheeled electric or
gasoline-powered vehicle, excluding golf carts, whose top speed is greater than
thirty miles per hour (30 mph) but not more than thirty-five miles per hour (35
mph) and otherwise meets or exceeds the federal safety standards set forth in 49
CFR 571.500;
SECTION 6. Tennessee Code Annotated, Section 55-8-191, is amended by
deleting subsection (b) in its entirety and by substituting instead the following language:
(b) A medium-speed vehicle as defined in § 55-8-101 may be operated at
a rate not to exceed thirty-five miles per hour (35 mph) only on streets where the
posted speed limit is forty miles per hour (40 mph) or less. This does not prohibit
a medium-speed vehicle from crossing a road or street at an intersection where
the road or street has a posted speed limit of more than forty miles per hour (40
mph).
(1) A county or municipality may prohibit the operation of mediumspeed
vehicles on any road under its jurisdiction if the governing body of
the county or municipality determines that such prohibition is necessary in
the interest of safety.
(2) The Department of Transportation may prohibit the operation
of medium- speed vehicles on any road under its jurisdiction if it
determines that such prohibition is necessary in the interest of safety.
(c) Any person operating a low-speed vehicle or medium-speed vehicle
must have in possession a valid Class D driver license.
SECTION 7. Tennessee Code Annotated, Section 55-50-102, is amended by
adding the following language as a new, appropriately designated subsection and by
redesignating the remaining sections accordingly:
(__) "Medium-speed vehicle" means any four-wheeled electric vehicle
whose top speed is greater than thirty miles per hour (30 mph) but not greater
than thirty-five miles per hour (35 mph), including neighborhood vehicles.
Medium-speed vehicles must meet or exceed the federal safety standards set
forth in 49 CFR 571.500;
SECTION 8. Tennessee Code Annotated, Section 55-50-102, is further amended
in subsection (38) by adding the language "or medium-speed vehicle" following the
language "low- speed vehicle" and before the language "as defined in this section,".
SECTION 9. This act shall take effect July 1, 2008, the public welfare requiring it.
PASSED: May 1, 2008

update from Kingsport Times News

To keep vehicles off paved roads Shipley amends ATV legislationBy Hank Hayes


Published April 6th, 2011 | Added April 6th, 2011 4:06 am | Comments






The likelihood of all-terrain vehicles using paved roads is no longer in state Rep. Tony Shipley’s bill that would allow local governments to authorize ATVs to use designated public roads.

Shipley, R-Kingsport, made the change in a verbal amendment submitted to a House Transportation subcommittee on Tuesday.

He then deferred further action on the legislation for one week.

“The only (highway) access we’re authorizing here (for ATVs) is a 90 degree crossing of right of ways,” Shipley, a subcommittee member, said of the amendment.

Shipley said he discussed the amendment with state Rep. Phillip Johnson, R-Pegram, a House Transportation Committee member who questioned Shipley’s bill last week.

Shipley said most of the bill’s other major elements remain, and he has named it “The ATV Tourism and Recreation Related Job Creation Act.”

As proposed, Shipley’s bill would authorize ATVs to be registered for an $11.25 fee and create a new permanent license plate for those registered vehicles.

Local governments would also be allowed to charge a fee up to $25 for ATVs to use local roadways.

The bill would authorize the Tennessee Department of Revenue to collect a $4 fee to issue temporary operating permits for non-residents wanting to use ATVs in the state.

That sucks. You need to be able to have authorization to ride Hard Roads from Trailhead to Trailhead when necessary.

This would only apply to 2 lane "highways" I'm pretty sure, back roads and non state highways would be exempt