Current through Register Vol. 35, No. 18, September 24, 2024
A.
Safety helmets: All OHV operators and passengers under the age of
18 shall wear safety helmets that comply with the safety standards of Title 49
Transportation, Chapter V - National Highway Traffic Safety Administration,
Department of Transportation, Part 571-Federal Motor Vehicle Safety Standards,
Subpart B-Federal Motor Vehicle Safety Standards, Standard No. 218, Motorcycle
helmets of the Code of Federal Regulations (
49CFR
571.218); or with the safety standards of
the United Nations Economic Commission for Europe Regulation 22.05, or their
superseding standards. A decal exhibiting the symbol DOT in conformance with
49CFR
571.218, or the symbol ECE22.05 in
conformance with ECE Regulation 22, permanently affixed to a safety helmet
shall constitute prima facie evidence of compliance with this
standard.
B.
Eye
protection: All OHV operators and passengers under the age of 18 shall
wear eye protection that meets or exceeds the Vehicle Equipment Safety
Standards Regulations VESC-8 (Minimum Requirements for Motorcycles, Eye
Protection Section 11-1306(e) or the American national standards institute
(ANSI) Standard Z87.1 and more generally known as safety glasses, safety
goggles, or a face shield. Additionally, the protective eyewear must be free of
scratches and fastened securely in the manner that the eyewear's manufacturer
prescribes.
C.
Age-appropriate size-fit standards for ATVs: Standards governing
the relationship between the engine size (displacement measured in cubic
centimeters, or cc.) of an ATV and the minimum age an operator must attain
before operating an ATV of that engine size, combined with objective
measurements of how a rider physically fits on an ATV and can operate basic
controls, are called "age-appropriate size-fit standards" and include, but are
not limited to:
(1) No person less than six
years of age shall operate an ATV on public land.
(2) Operators less than 10 years of age shall
not operate an ATV with an engine size larger than 110 cubic centimeters and
shall comply with the physical fit standards set forth below in Subsection D of
this section.
(3) Operators from 10
through 15 years of age shall not operate an ATV with an engine size larger
than 250 cubic centimeters and shall comply with the physical fit standards set
forth below in Subsection D of this section.
(4) Notwithstanding Paragraph (3) of this
subsection, operators who are 14 or 15 years of age and who possess a valid
driver's license may operate an ATV with an engine size not larger than 450
cubic centimeters.
(5) Operators at
least 16 years of age and less than 18 may operate an ATV with an engine size
larger than 250 cubic centimeters and shall comply with the physical fit
standards set forth below in Subsection D of this section.
D.
Physically-appropriate size-fit
standards for ATVs: Unless the relationship between an operator and the
ATV being operated complies with the following standards, it is a violation of
the age-appropriate size-fit standards of these rules, regardless of whether
the operator is in compliance with the engine size standards set forth above in
Subsection C preceding this section.
(1) Seat
clearance when standing: The minimum clearance between the ATV seat and the
operator's inseam while standing on the operator's foot rests should be three
inches. The intent for requiring minimum clearance is two-fold: first, to
permit the rider to stand up and absorb shocks through the legs while
traversing rough terrain; second, to minimize the possibility of the rider
being struck by the seat and catapulted over the handle bars.
(2) Upper leg position when seated: The upper
portion of the operator's leg, roughly from the top of the knee to the hip,
should be approximately horizontal when seated. Minor departures a little above
or below the horizontal are not violations of this standard, but gross
departures (knees visibly significantly below or above the hips) shall warrant
further inquiry and may constitute a violation of this standard. Knees that are
significantly above the hips and which contact the handlebars in either
direction when they are turned constitute a violation of this
standard.
(3) Foot reach: With the
boot or shoe placed in the proper position upon the foot rest or on the running
board, the toe should be able to operate the foot brake (on an ATV so equipped)
with a simple downward rotation of the foot. The rider should be able to
operate the brakes consistently with no impairment of full range of motion. The
same standard applies to the operator's boot or shoe and the foot-operated
shift lever (on an ATV so equipped).
(4) Handlebar grip reach: With the rider in
the normal seated position (not leaning forward) and the hands on the handlebar
grips, the elbows should have a distinct angle between the upper arm and the
forearm. If the operator's posture is such that the operator's arms present a
straight line from wrist to shoulder, then the operator's ability to maintain
directional control of the ATV is compromised, particularly in rough
terrain.
(5) Throttle and engine
stop switch: With the hands in the normal operating position and the handlebars
turned fully either left or right, the operator must be able to operate the
throttle and engine stop switch.
(6) Hand-brake lever or clutch lever reach:
With the hands in the normal operating position and the handlebars turned fully
either left or right the first joint (from the tip) of at least one finger
should be able to extend beyond the hand-brake levers (or clutch lever on an
ATV so equipped) and fully operate the hand levers. If not, the hands are too
small to grasp the levers effectively.
E.
Age-appropriate size-fit standards
for ROVs and ROV youth models: Standards governing the relationship
between the engine size (displacement measured in cubic centimeters, or cc.) of
an ROV or ROV youth model and the minimum age an operator must attain before
operating an ROV or ROV youth model of that engine size, combined with
objective measurements of how a rider physically fits in an ROV or ROV youth
model and can operate basic controls, are called "age-appropriate size-fit
standards" and include, but are not limited to:
(1) No person under six years of age shall
operate an ROV or ROV youth model on public land.
(2) Operators at least six and less than 10
years of age shall not operate an ROV or ROV youth model with an engine size
larger than 200 cubic centimeters and shall comply with the physical fit
standards set forth below in Subsection F of this section.
(3) Operators at least 10 years of age and
less than 18 years of age shall comply with the physical fit standards set
forth below in Subsection F of this section
F.
Physical-appropriate size-fit
standards for ROVs and youth-model ROVs: Unless the relationship between
an operator and the ROV or ROV youth model being operated complies with the
following standards, it is a violation of the age-appropriate size-fit
standards of these rules, regardless of whether the operator is in compliance
with the engine size standards set forth above in Subsection E of this section.
(1) The operator shall be able to reach and
fully operate the pedals with the operator's back flat against the driver's
seat and with the operator's seatbelt properly fastened.
(2) The operator shall be able to reach the
steering wheel and turn the wheel fully in both directions with arms slightly
bent while keeping the operator's back flat against the driver's seat with the
operator's seatbelt properly fastened.
