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SB303 ENGROSSED
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SB303
QNYYA45-2
By Senator Kelley
RFD: County and Municipal Government
First Read: 12-Feb-26
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First Read: 12-Feb-26
A BILL
TO BE ENTITLED
AN ACT
Relating to off-road vehicles; to provide for the
operation of off-road vehicles on certain public roads; to
provide for the registration and licensure of off-road
vehicles; to require the Department of Revenue to adopt rules;
to provide a limitation of liability under certain conditions;
and to provide a penalty for a violation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) An off-road vehicle, as defined under
Section 32-8-2, Code of Alabama 1975, may be operated on a
public road subject to the requirements of this section.
(b)(1) The Department of Revenue shall establish a
certification form for off-road vehicle dealers, as defined
under Section 32-8-2, Code of Alabama 1975, to certify that,
regardless of the age of the vehicle, the off-road vehicle is
installed with all of the following equipment:
a. Brakes.
b. Head lights, tail lights, brake lights, and turn
signal lights.
c. A horn meeting the requirements of Section 32-5-213,
Code of Alabama 1975.
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Code of Alabama 1975.
d. A seat belt for each passenger.
e. A roll bar.
f. A manufacturer-installed or equivalent spark
arrester.
g. A manufacturer-installed or equivalent muffler in
proper working order and properly connected to the vehicle's
exhaust system.
h. A windshield, with or without wipers.
i. Tires in compliance with Section 32-5-210, Code of
Alabama 1975.
(2) If a vehicle is certified by an off-road vehicle
dealer as meeting the requirements of subdivision (1), the
owner of the vehicle may present the certification to the
local licensing official and apply for a tag. Upon meeting the
requirements of the foregoing and payment of all applicable
fees, the local licensing official shall register the vehicle
pursuant to Division 1 of Article 5 of Chapter 12 of Title 40,
Code of Alabama 1975, and issue a tag for the vehicle pursuant
to Article 2 of Chapter 6 of Title 32, Code of Alabama 1975.
The tag shall be securely attached in the same manner as a
private passenger vehicle and shall indicate that the off-road
vehicle is for restricted use.
(3) The off-road vehicle must be covered by a liability
insurance policy pursuant to Chapter 7A of Title 32, Code of
Alabama 1975.
(c) An off-road vehicle may only be operated on a
public road by an operator who is at least 16 years of age and
who possesses a valid driver license from this state or an
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who possesses a valid driver license from this state or an
equivalent license from another state. The operator shall obey
all of the duties applicable to the operator of a private
motor vehicle under Chapter 5 and Chapter 5A of Title 32, Code
of Alabama 1975, except as to those provisions that by their
nature can have no application.
(d) The operation of an off-road vehicle under this
section is limited to public roads in the unincorporated
portions of a county which have a maximum posted speed limit
of 45 miles per hour. Nothing in this section authorizes the
operation of an off-road vehicle on an interstate highway or
within a municipality.
(e) No provision of this section shall serve to exempt
the owner or operator of an off-road vehicle from being
responsible for damage to public roads and rights-of-way as
provided in Section 32-5-9, Code of Alabama 1975.
(f) The provisions of this section shall not authorize
a person to operate an off-road vehicle on private property
without the consent of the respective landowner.
(g) Notwithstanding any other provision of this section
to the contrary, an off-road vehicle that does not otherwise
meet the requirements of subsection (b) may be operated to
cross from a county road, field, or other area of operation to
another, or cross a state highway or other noncounty road, not
to include an interstate or national defense highway system,
if all of the following conditions are satisfied:
(1) The crossing is made at an angle of approximately
90 degrees to the direction of the highway and at a place
where no obstruction prevents a quick and safe crossing.
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where no obstruction prevents a quick and safe crossing.
(2) The vehicle is brought to a complete stop before
crossing the shoulder or main traveled way of the highway.
(3) The operator yields the operator's right-of-way to
all oncoming traffic that constitutes an immediate potential
hazard.
(4) Both the head lights and tail lights are
illuminated when the crossing is made, if the vehicle is
equipped with head lights and tail lights.
(h) An off-road vehicle is exempt from the requirements
of subsection (b) while operated under any of the following
conditions:
(1) On private land with the permission of the owner
thereof.
(2) For agricultural purposes.
(3) For wildlife management, law enforcement, emergency
services, or other official governmental purpose.
(i) The annual license tax and registration fee for an
off-road vehicle shall be the same as a private passenger
automobile, and the fee shall be distributed in the same
manner as for a private passenger automobile.
(j) The mere use of an off-road vehicle pursuant to
this section shall not be evidence of product misuse,
contributory negligence, or assumption of the risk.
(k) The Department of Revenue shall adopt rules to
implement and administer this section, including providing for
the creation of an off-road vehicle certification form.
(l) The county engineer, county governing body and its
officials, probate judge, and licensing official as defined
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officials, probate judge, and licensing official as defined
under Section 40-12-240(b), Code of Alabama 1975, and any
employee thereof shall not be held liable for any bodily
injury, death, damages, or loss of property arising from the
operation of an off-road vehicle pursuant to this section.
Nothing in this section requires counties to alter the
construction, design, or maintenance of roads or bridges in a
manner to accommodate the operational characteristics of
off-road vehicles.
(m) Any violation of this section or of any other
applicable provision of Title 32, Code of Alabama 1975, by the
operator of an off-road vehicle shall be punishable as
provided for the operation of motor vehicles pursuant to Title
32, Code of Alabama 1975.
(n) The Alabama State Law Enforcement Agency shall
collect data on crashes, including the frequency and severity
thereof, involving off-road vehicles during the first 24
months following the effective date of this act. ALEA shall
compile the data into a report and shall present the report to
the Joint Transportation Committee of the Legislature in
advance of the 2029 legislative session.
Section 2. This act shall become effective on January
1, 2027.
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1, 2027.
Senate
Read for the first time and referred
to the Senate committee on County
and Municipal Government
................12-Feb-26
Read for the second time and placed
on the calendar:
0 amendments
................17-Feb-26
Read for the third time and passed
as amended
Yeas 29
Nays 1
Abstains 0
................19-Feb-26
Patrick Harris,
Secretary.
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