Licensing bill bars cities from regulating UTVs & ATVs

Utility terrain vehicles (UTVs) at Hurrah Pass near Moab. Photo: TownLift

SALT LAKE CITY — House Bill 146, a bill originally focused on food truck licenses, was expanded this week to limit Utah cities’ ability to impose rules on businesses that rent or sell all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs).

The bill, which has gotten approval from both the House and Senate, is sponsored by Sen. Curtis Bramble (R-Provo).

The amended bill states that a “political subdivision may not enact or enforce an unreasonable noise ordinance that imposes a fine or other penalty for the operation of a street-legal ATV.”

The additional rule appears to be targeting the red rock tourist destination Moab, which in October imposed a temporary moratorium on new UTV rental and tour businesses.

“In my opinion, this is an illegal restraint on our police power and I’m teeing up constitutional litigation,” Grand County Attorney Christina Sloan wrote Thursday.

In a press release, the City of Moab said that Sen. Bramble “assured City representatives that his intention is not to undermine the City’s ability to take measures to try to reduce noise in our community.”

“If they want to impose a sanction for noise or speed, there are laws under our traffic code that allow them to do that,” Bramble said Tuesday. “The business license registration is not the place to try to impose a whole new vehicle regulatory structure, inspection structure, or noise structure. We have laws that control what is required for a street-legal vehicle.”

In 2008 UTVs became street-legal in Utah. A proposed law during the 2021 legislative session sought to place a nighttime curfew on UTVs, however, it was not passed.

The bill also pushes food trucks to obtain business licenses and annual health department permits