6. "Utility terrain vehicle" means a motor driven device, other than a golf cart or low-speed vehicle, that is designed to be used primarily off of a highway and that has, and was originally manufactured with, all of the following:
a. A gross weight of more than 900 pounds but not more than 1,999 pounds.
b. Four or more low-pressure tires.
c. A cargo box or dump box.
d. A steering wheel.
e. A tail light.
f. A brake light.
g. Two headlights.
h. A width of not more than 65 inches.
i. Seats for at least 2 occupants, all of which seating is designed not to be straddled.
j. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
k. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.
(b) The department of natural resources, in consultation with the department of transportation, shall administer a pilot program to investigate the effects of using utility terrain vehicles on routes and trails that are used and authorized to be used by all-terrain vehicles, to evaluate whether it is feasible and appropriate to expand the allowable use of utility terrain vehicles.
(c) 1. The department, any federal agency, and any county is eligible to participate in the pilot program. If a county elects to participate in the pilot program, the governing body of the county shall adopt a resolution to that effect. If a county adopts such a resolution, the resolution shall apply to all of the municipalities within the county unless the governing body of a municipality adopts a resolution that provides that the municipality will not participate in the pilot program. The governing body of each participating county or municipality may withdraw from the pilot program before July 1, 2012, by adopting a resolution to that effect.
2. If a county or municipality adopts a resolution under subd. 1., its clerk shall immediately send a copy of the resolution to the department and to the office of any law enforcement agency of the county or municipality having jurisdiction over any all-terrain vehicle route or trail designated under par. (d).
(d) The department or a federal agency, county, or municipality that participates in the pilot program may designate any of the following located within their respective jurisdictions:
1. All-terrain vehicle routes and trails that may be used by operators of utility terrain vehicles.
2. All-terrain vehicle routes and trails upon which utility terrain vehicle use is prohibited.
(e) For the purposes of all of the following, a utility terrain vehicle that is operated as authorized under this subsection is considered an all-terrain vehicle:
1. Sections 345.11 (1r), 346.02 (11), 349.02, 885.235 (1g) and (1k), 895.049, and 901.053.
2. Subsections (3), (3g), (4), (4c) to (4x), (6), (7), (10), (12), and (13).
3. Local ordinances enacted by a county or municipality under sub. (11).
(f) No person may operate or give permission for the operation of, a utility terrain vehicle on an all-terrain vehicle route or trail designated by the department or a federal agency, county, or municipality under par. (d) 1. unless the utility terrain vehicle is registered for public use by the department. The department shall register a utility terrain vehicle and collect fees for registration of a utility terrain vehicle under this subsection in the same manner as the department registers and collects fees for registration of all-terrain vehicles for public use under sub. (2). All fees collected by the department under this subsection shall be credited to the appropriation account under s. 20.370 (1) (iv).
(g) No person under the age of 16 may operate a utility terrain vehicle on an all-terrain vehicle route or trail designated under par. (d) 1. No person who is at least 16 years of age and who is born on or after January 1, 1988, may operate a utility terrain vehicle on an all-terrain vehicle route or trail designated under par. (d) 1. unless he or she holds a valid all-terrain vehicle safety certificate issued under sub. (5) (d).
(h) 1. The department of natural resources, in consultation with the department of transportation and with the federal agencies, counties, and municipalities participating in the pilot program, shall evaluate the effect of using utility terrain vehicles on all-terrain vehicle routes and trails. Except as provided in subd. 2., the department of natural resources shall report the results of its evaluation to the legislature under s. 13.172 (2) no later than June 30, 2012.
2. The department may report the results of its evaluation under subd. 1 in the form of an addendum to the evaluation submitted by the department under s. 23.33 (11m) (g), 2007 stats. The department is not required to report the results of its evaluation as specified under subd. 1. if the department's evaluation is substantially the same as the evaluation submitted by the department under s. 23.33 (11m) (g), 2007 stats.
(i) The pilot program under this subsection does not apply after June 30, 2012.
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Section
6.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The repeal of section 20.370 (1) (iv) of the statutes takes effect on July 1, 2012.
