Current through the 2024 legislative session
Section 31-5-1601 - Operation on highways(a) An off-road recreational vehicle may be operated upon any public road rights-of-way, streets, roads or highways within Wyoming subject to the following conditions: (i) Off-road recreational vehicles may be operated on main-traveled roadways only upon that portion of a public road right-of-way, street, road or highway designated open by the state, local or federal agency with jurisdiction over the roadway and designated a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707 by the department of state parks and cultural resources. No portion of a public road right-of-way, street, road or highway shall be designated as a Wyoming off-road recreational vehicle trail by the department without the consent of the state, local or federal agency with jurisdiction over the roadway. Off-road recreational vehicles operated upon roadways designated as trails shall be subject to the user registration fee prescribed by W.S. 31-2-703 and proof of liability insurance with limits not less than twenty-five thousand dollars ($25,000.00) and shall not be deemed a motorcycle as defined in W.S. 31-1-101(a)(xv)(E)(I) and 31-5-102(a)(xxii). Nothing in this paragraph shall be deemed to authorize the department to acquire or expand any public road right-of-way in order to accommodate the operation of off-road recreational vehicles;(ii) Crossings of main-traveled roadways shall be made at right angles to the roadway or as nearly so as practicable, but in any case yielding the right-of-way to all traffic in the main-traveled roadway;(iii) When operating at any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, the off-road recreational vehicle shall be equipped with lighted lamps and illuminating devices in accordance with W.S. 31-5-910 through 31-5-940;(iv) The off-road recreational vehicle shall be equipped with an adequate braking device that may be operated either by hand or foot, a horn pursuant to W.S. 31-5-952(a), a muffler pursuant to W.S. 31-5-953(c) and a mirror pursuant to W.S. 31-5-954(a); and(v) If operated on state or federal lands, the off-road recreational vehicle shall be equipped with: (A) An approved spark arrester;(B) A noise muffler which produces a propulsion noise level of not more than one hundred two (102) decibels at twenty (20) inches in a stationary test.(vi) This section does not apply to off-road recreational vehicles operated on public road rights-of-way, streets or highways for agricultural operations pursuant to W.S. 31-5-124(a)(i).(b) Nothing in this section authorizes the operation of an off-road recreational vehicle upon a public road right-of-way, street, road or highway within Wyoming by a person who has not been issued a valid driver's license or permit.(c) As used in this section, "public road right-of-way" means the entire right-of-way of a street, road or highway within Wyoming, including the traveled portions, banks, ditches, shoulders and medians of a street, road or highway except as provided in subsection (e) of this section.(d) Off-road recreational vehicles as defined by W.S. 31-1-101(a)(xv)(K)(II) that are registered pursuant to W.S. 31-2-232 may be operated upon any open public road rights-of-way, streets, roads or highways within Wyoming, notwithstanding the designation of the public road right-of-way, street, road or highway as a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707.(e) Off-road recreational vehicles as defined in W.S. 31-1-101(a)(xv)(K) shall not be operated on the roadway or right-of-way of an interstate highway except as authorized by department rules and except that an off-road recreational vehicle under this subsection: (i) May be operated in the right-of-way adjacent to the interstate roadway on a trail where there is a physical barrier between the trail and the interstate highway and the trail is designated, marked or signed as a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707, provided the off-road recreational vehicle: (A) Is operated by a person with a valid driver's license for the type or class of vehicle being operated;(B) Displays a license plate pursuant to W.S. 31-2-232 or an off-road recreational vehicle decal pursuant to W.S. 31-2-702 through 31-2-704.(ii) May be operated on separate grade crossings, over or under the interstate roadway, marked or signed as a Wyoming off-road recreational vehicle trail pursuant to W.S. 31-2-701 through 31-2-707, provided the off-road recreational vehicle: (A) Is operated by a person with a valid driver's license for the type or class of vehicle being operated;(B) Displays a license pursuant to W.S. 31-2-232 or an off-road recreational vehicle decal pursuant to W.S. 31-2-702 through 31-2-704.Amended by Laws 2023, ch. 91,§ 1, eff. 7/1/2023.Amended by Laws 2023, ch. 29, § 1, eff. 7/1/2023.Amended by Laws 2021 , ch. 34, § 2, eff. 7/1/2021.Amended by Laws 2016 , ch. 67, § 1, eff. 3/4/2016.