H.B. 228 Enrolled

MOTOR VEHICLE INSURANCE ON CERTAIN
VEHICLES
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Glenn L. Way
AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN MOTOR VEHICLE
INSURANCE PROVISIONS; PROVIDING CERTAIN DEFINITIONS; AND MAKING
TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-17.5, as enacted by Chapter 33, Laws of Utah 1988
41-12a-301, as last amended by Chapter 245, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-17.5 is amended to read:
41-6-17.5. Quasi-public roads and parking areas -- Local ordinances.
(1) As used in this section, "quasi-public road or parking area" means a privately-owned
and maintained road or parking area that is generally held open for use of the public for purposes
of vehicular travel or parking.
[(1)] (2) (a) Any municipality or county may by ordinance provide that [privately-owned
and maintained roads or parking areas] a quasi-public road or parking area within the city or
county[, as described in the ordinance, are] is subject to this chapter[, provided:].
[(i) the roads or parking areas are generally held open for use of the public for purposes
of vehicular travel or parking to serve commercial establishments;]
[(ii) the privately-owned and maintained road is so connected with a highway that the
public would not reasonably be able to determine that it is a privately-owned and maintained road;
or]
[(iii) a majority of the owners of the privately owned and maintained road have signed a
petition and submitted it to the municipality or county, requesting that the road be included in an
ordinance enacted under this section.]

(b) An ordinance may not be enacted under this [subsection] section without:
(i) a public hearing; and [without]
(ii) the agreement of [the owner] a majority of the owners of the [privately-owned and
maintained highway or parking area] quasi-public road or parking area involved.
[(2)] (3) The department is not required under this section to patrol or enforce any provisions
of this chapter on any [privately-owned and maintained] quasi-public road or parking area, but is
required to enforce those provisions of this chapter applicable to private property other than under
this section.
Section 2. Section 41-12a-301 is amended to read:
41-12a-301. Definition -- Requirement of owner's or operator's security -- Exceptions.
(1) As used in this section[,]:
(a) "highway" has the same meaning as provided in Section 41-1a-102 ; and
(b) "quasi-public road or parking area" has the same meaning as provided in Section
41-6-17.5 .
(2) Except as provided in Subsection (5):
(a) every resident owner of a motor vehicle shall maintain owner's or operator's security in
effect at any time that the motor vehicle is operated on a highway or on a quasi-public road or
parking area within the state; and
(b) every nonresident owner of a motor vehicle that has been physically present in this state
for:
(i) 90 or fewer days during the preceding 365 days shall maintain the type and amount of
owner's or operator's security required in his place of residence, in effect continuously throughout
the period the motor vehicle remains within Utah; or
(ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's or
operator's security in effect continuously throughout the period the motor vehicle remains within
Utah.
(3) (a) Except as provided in Subsection (5), the state and all of its political subdivisions
and their respective departments, institutions, or agencies shall maintain owner's or operator's

- 2 -

security in effect continuously for their motor vehicles.
(b) Any other state is considered a nonresident owner of its motor vehicles and is subject to
Subsection (2)(b).
(4) The United States, any political subdivision of it, or any of its agencies may maintain
owner's or operator's security in effect for their motor vehicles.
(5) Owner's or operator's security is not required for any of the following:
(a) off-highway vehicles registered under Section 41-22-3 when operated either:
(i) on a highway designated as open for off-highway vehicle use; or
(ii) in the manner prescribed by Section 41-22-10.3 ;
(b) off-highway implements of husbandry operated in the manner prescribed by Subsections
41-22-5.5 (3) through (5);
(c) electric assisted bicycles as defined under Section 41-6-1 ; or
(d) motor assisted scooters as defined under Section 41-6-1 .

- 3 -