PROPOSED RULEMAKING

GAME COMMISSION

[ 58 PA. CODE CH. 135 ]

Lands and Buildings; State Game Lands

[50 Pa.B. 1372]
[Saturday, March 7, 2020]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its January 25, 2020, meeting to amend § 135.53 (relating to operation of mobility devices and motor vehicles on designated routes) to expand all-terrain vehicle (ATV) eligibility for use as mobility devices by including ATVs registered with the Department of Transportation as neighborhood electric vehicles that properly display the valid registration plate and the required ''25 MPH Vehicle'' decal.

 This proposed rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 This authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 This proposed rulemaking was made public at the January 25, 2020, meeting of the Commission. Comments can be sent until April 1, 2020, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1. Purpose and Authority

 Current regulations require that any ATV used as a mobility device must be registered with the Department of Conservation and Natural Resources. The Commission has learned that certain ATVs that are additionally defined as ''neighborhood electric vehicles'' and registered with the Department of Transportation cannot be dual registered with the Department of Conservation and Natural Resources. This restriction has the unfortunate effect of excluding otherwise eligible ATVs from being utilized as mobility devices by the mere fact that the device is properly registered with another Commonwealth agency. The Commission is proposing to amend § 135.53 to expand ATV eligibility for use as mobility devices by including ATVs registered with the Department of Transportation as neighborhood electric vehicles that properly display the valid registration plate and the required ''25 MPH Vehicle'' decal.

 Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the Director, and the Commission shall promulgate regulations. . .for its use and protection as necessary to properly manage these lands or waters.'' The amendments to § 135.53 are proposed under this authority.

2. Regulatory Requirements

 This proposed rulemaking will amend § 135.53 to expand ATV eligibility for use as mobility devices by including ATVs registered with the Department of Transportation as neighborhood electric vehicles that properly display the valid registration plate and the required ''25 MPH Vehicle'' decal.

3. Persons Affected

 Persons wishing to operate an ATV registered with the Department of Transportation as neighborhood electric vehicle and properly displaying a valid registration plate and the required ''25 MPH Vehicle'' decal on lands designated as State game lands may be affected by this proposed rulemaking.

4. Cost and Paperwork Requirements

 This proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6. Contact Person

 For further information regarding this proposed rulemaking, contact Jason L. DeCoskey, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

BRYAN J. BURHANS, 
Executive Director

 Fiscal Note: 48-453. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 135. LANDS AND BUILDINGS

Subchapter C. STATE GAME LANDS

§ 135.53. Operation of mobility devices and motor vehicles on designated routes.

 Persons with a valid disabled person access permit issued under Chapter 147, Subchapter AA (relating to disabled person access permit) may operate mobility devices and motor vehicles on designated routes subject to all of the following conditions:

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 (3) ATVs and snowmobiles as mobility devices. An ATV or snowmobile used as a mobility device on a designated route must be registered with [the] either:

 (i) The Department of Conservation and Natural Resources and display the valid registration plate or registration decal as required under 75 Pa.C.S. §§ 7711.1 and 7711.2 (relating to registration of snowmobile or ATV; and limited registration of snowmobile or ATV)[.]; or

 (ii) The Department of Transportation as a neighborhood electric vehicle and display the valid registration plate and ''25 MPH Vehicle'' decal as required under 75 Pa.C.S. §§ 3592 and 3594 (relating to required equipment; and same treatment as passenger cars). Vehicles registered with the Department of Transportation as neighborhood electric vehicles or NEVs.

 (4) Spark arrestors required. Mobility devices powered by an internal combustion engine must be equipped with a fully functional spark arrestor while operating on a designated route.

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[Pa.B. Doc. No. 20-323. Filed for public inspection March 6, 2020, 9:00 a.m.]

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