December 7, 2013 • Sauk Valley Media
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Farm Show
Off-Highway Vehicle Stamps Still gearing up for an April 1, 2014 start date, stamps should be available in January Kevin Rund, Illinois Farm Bureau
New Law There’s been lots of chatter in recent weeks about new restrictions and fees for ATVs. That’s because of a new law requiring that most off-highway vehicles (OHVs) purchase and display a special $15 stamp issued by the Illinois Department of Natural Resources (IDNR.) Public Act 097-1136 was passed in 2012 by the Illinois General Assembly with a proposed effective date of July 1, 2013. Generally it makes it illegal to operate an OHV in Illinois without an “Off-Highway Vehicle Usage Stamp.” Applicability The OHV is an umbrella grouping of a number of different vehicle types. Illinois’ definition of an OHV includes motor-driven recreational vehicles capable of cross-country travel without a road or trail, such as ATVs and cross-country motorcycles. It does not include snowmobiles, motorcycles, watercraft, or farm equipment being used for farming. The law generally applies to OHVs whenever they are operated anywhere except on property where the vehicle owner permanently resides. According to IDNR officials, that exemption can be extended to
anyone the resident authorizes to ride on that property. Even that exemption is lost if the owner is a club or association, leases the land for hunting or recreation, or the OHV is used as part of an outfitting business. Farm operation of OHVs is granted an exception from the fee and stamp, but only so long as the OHV is being “used for activities associated with farming or livestock production operations.” Included among the vehicle types subject to the fee are: ATVs, UTVs (Utility Vehicles), Off-Highway Motorcycles, and Golf Carts. Yes, golf carts— whether used on the road as a “neighborhood vehicle” (where allowed by local ordinance), or used on a golf course. However, it is not anticipated that there will be significant enforcement on golf carts at golf courses. Other OHVs will also be impacted, including the John Deere Gator-type vehicles used on many farms and officially known in Illinois as Recreational OffHighway Vehicles (ROHVs.) The law generally exempts a limited set of vehicles that are not typically used for recreation, including: vehicles owned and operated by a government entity, and vehicles used in national or international officially sanctioned competitions.
Delay There are two reasons farmers likely haven’t yet been directly impacted. First, OHVs used for farming are exempt. Secondly, the IDNR is delayed in launching the program. It’s still gearing up to shift from a paper-based to an electronic-based system. IDNR reports that the new system for issuing stamps will not be available until January, 2014. Even then, the stamps will not be required to be displayed until the new program year begins on April 1, 2014. In the meantime, the registration system for OHVs that has been in place for years remains active. Generally, it requires anyone riding an OHV in an IDNR grant-assisted public riding area to have first purchased a decal. That older program will be replaced when the newer program is finally underway. The Stamp The $15 annual fee for that stamp is, for all intents and purposes, simply a means of generating revenue for the IDNR, the agency that will administer the program. Of the fee, $5 will go to the Conservation Police Operations Assistance Fund and the other $10 to the Park and Conservation Fund.
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