First Substitute H.B. 237

Representative Aaron Tilton proposes the following substitute bill:

1 REQUIREMENTS FOR OFF-HIGHWAY
2 VEHICLES
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Aaron Tilton
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions relating to
11 off-highway vehicles.
12 Highlighted Provisions:
13 This bill:
14 . defines "direct supervision";
15 . requires a person that is younger that 12 years of age and is operating an off-
16 highway vehicle with an appropriate safety certificate issued or approved by the Division of
17 Parks and Recreation shall be under the direction supervision of a person who is at least 18
18 years of age;
19 . provides an affirmative defense to the violation of transporting an unregistered off-
20 highway vehicle on a public land, trail, street, or highway in this state;
21 . prohibits a person from operating an off-highway vehicle on a public land, trail,
22 street, or highway if the off-highway vehicle exceeds certain noise emission
23 standards with exceptions;
24 . changes the age that a person is prohibited from operating an off-highway vehicle
25 from younger than eight to younger than six years of age except in certain

26 circumstances;
27 . provides that a person younger than eight years of age may not operate an off-
28 highway vehicle unless the off-highway vehicle has certain maximum speeds; and
29 . makes technical changes.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 41-22-3, as last amended by Chapter 159, Laws of Utah 2004
37 41-22-29, as last amended by Chapter 114, Laws of Utah 1999
38 41-22-30, as last amended by Chapter 349, Laws of Utah 2004
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 41-22-3 is amended to read:
42 41-22-3. Registration of vehicles -- Application -- Issuance of sticker and card --
43 Proof of property tax payment -- Records.
44 (1) (a) Unless exempted under Section 41-22-9 , a person may not operate or transport
45 and an owner may not give another person permission to operate or transport any off-highway
46 vehicle on any public land, trail, street, or highway in this state unless the off-highway vehicle
47 is registered under this chapter for the current year.
48 (b) Unless exempted under Section 41-22-9 , a dealer may not sell an off-highway
49 vehicle which can be used or transported on any public land, trail, street, or highway in this
50 state, unless the off-highway vehicle is registered or is in the process of being registered under
51 this chapter for the current year.
52 (c) It is an affirmative defense to charge under this Subsection (1) that the person is
53 transporting an off-highway vehicle directly to and from:
54 (i) a residence;
55 (ii) a business;
56 (iii) a storage facility;

57 (iv) private property;
58 (v) a sanctioned race or competitive event conducted on a closed course and sponsored
59 and sanctioned by an organization carrying liability insurance in at least the amounts specified
60 by the division under Subsection 41-22-29 (6) covering all activities associated with the race; or
61 (vi) an organized practice scheduled and held in an off-highway vehicle facility
62 designated by the division and conducted by an organization carrying liability insurance in at
63 least the amounts specified by the division under Subsection 41-22-29 (6) covering all activities
64 associated with the practice.
65 (2) The owner of an off-highway vehicle subject to registration under this chapter shall
66 apply to the Motor Vehicle Division for registration on forms approved by the Motor Vehicle
67 Division.
68 (3) Each application for registration of an off-highway vehicle shall be accompanied
69 by:
70 (a) evidence of ownership, a title, or a manufacturer's certificate of origin, and a bill of
71 sale showing ownership, make, model, horsepower or displacement, and serial number;
72 (b) the past registration card; or
73 (c) the fee for a duplicate.
74 (4) (a) Upon each annual registration, the Motor Vehicle Division shall issue a
75 registration sticker and a registration card for each off-highway vehicle registered.
76 (b) The registration sticker shall:
77 (i) contain a unique number using numbers, letters, or combination of numbers and
78 letters to identify the off-highway vehicle for which it is issued;
79 (ii) be affixed to the off-highway vehicle for which it is issued in a plainly visible
80 position as prescribed by rule of the board under Section 41-22-5.1 ; and
81 (iii) be maintained free of foreign materials and in a condition to be clearly legible.
82 (c) At all times, a registration card shall be kept with the off-highway vehicle and shall
83 be available for inspection by a law enforcement officer.
84 (5) (a) An applicant for a registration card and registration sticker shall provide the
85 Motor Vehicle Division a certificate, described under Subsection (5)(b), from the county
86 assessor of the county in which the off-highway vehicle has situs for taxation.
87 (b) The certificate required under Subsection (5)(a) shall state one of the following:

88 (i) the property tax on the off-highway vehicle for the current year has been paid;
89 (ii) in the county assessor's opinion, the tax is a lien on real property sufficient to
90 secure the payment of the tax; or
91 (iii) the off-highway vehicle is exempt by law from payment of property tax for the
92 current year.
93 (6) (a) All records of the division made or kept under this section shall be classified by
94 the Motor Vehicle Division in the same manner as motor vehicle records are classified under
95 Section 41-1a-116 .
96 (b) Division records are available for inspection in the same manner as motor vehicle
97 records under Section 41-1a-116 .
98 Section 2. Section 41-22-29 is amended to read:
99 41-22-29. Operation by persons under six years of age prohibited -- Definitions --
100 Exception -- Penalty.
101 (1) As used in this section:
102 (a) "Organized practice" means a scheduled motorcycle practice held in an off-road
103 vehicle facility designated by the division and conducted by an organization carrying liability
104 insurance in at least the amounts specified by the division under Subsection [(5)] (6) covering
105 all activities associated with the practice.
106 (b) "Sanctioned race" means a motorcycle race conducted on a closed course and
107 sponsored and sanctioned by an organization carrying liability insurance in at least the amounts
108 specified by the division under Subsection (5) covering all activities associated with the race.
109 (2) [Except] Subject to the requirements of Subsection (3) and except as provided
110 under Subsection [(3)] (4), a person under [eight] six years of age may not operate and an
111 owner may not give another person who is under [eight] six years of age permission to operate
112 an off-highway vehicle on any public land, trail, street, or highway of this state.
113 (3) A person under eight years of age may not operate and an owner may not give
114 another person who is under eight years of age permission to operate an off-highway vehicle on
115 any public land, trail, street, or highway of this state unless the off-highway vehicle has:
116 (a) a maximum speed of 10 miles per hour with a speed limiting device; or
117 (b) a maximum unrestricted speed of 15 miles per hour with the speed limiting device
118 removed.

119 [(3)] (4) A child under [eight] six years of age may participate in a sanctioned race or
120 organized practice if:
121 (a) the child is under the immediate supervision of an adult;
122 (b) [advanced life support] emergency medical service personnel, as defined in Section
123 [ 26-8-2 ] 26-8a-102 , are on the premises and immediately available to provide assistance at all
124 times during the sanctioned race or organized practice; and
125 (c) an ambulance [service] provider, as defined in Section [ 26-8-2 ] 26-8a-102 , is on the
126 premises and immediately available to provide assistance for a sanctioned race.
127 [(4)] (5) Any person convicted of a violation of this section is guilty of an infraction
128 and shall be fined not more than $50 per offense.
129 [(5)] (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
130 Act, the division shall make rules specifying the minimum amounts of liability coverage for an
131 organized practice or sanctioned race.
132 Section 3. Section 41-22-30 is amended to read:
133 41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
134 (1) As used in this section, "direct supervision" means oversight at a distance:
135 (a) of no more than 300 feet;
136 (b) within which:
137 (i) visual contact is maintained; and
138 (ii) advice and assistance can be given and received.
139 [(1)] (2) A person may not operate and an owner may not give that person permission
140 to operate an off-highway vehicle on any public land, trail, street, or highway of this state
141 unless the person:
142 (a) is under the direct supervision of a certified off-highway vehicle safety instructor
143 during a scheduled safety training course;
144 (b) (i) has in [his] the person's possession the appropriate safety certificate issued or
145 approved by the division; [or] and
146 (ii) is under the direct supervision of a person who is at least 18 years of age if the
147 person is under 12 years of age and is operating on any public land, trail, street, or highway of
148 this state; or
149 (c) has in his immediate possession a valid motor vehicle operator's license, as

150 provided in Title 53, Chapter 3, Uniform Driver License Act.
151 [(2)] (3) (a) Any person convicted of a violation of this section is guilty of an infraction
152 and shall be fined not more than $50 per offense.
153 (b) It is a defense to a charge under this section, if the person charged produces in court
154 a license or an appropriate safety certificate that was:
155 (i) valid at the time of the citation or arrest; and
156 (ii) issued to the person operating the off-highway vehicle.
157 [(3)] (4) The requirements of this section do not apply to an operator of [an all-terrain
158 type I vehicle with a properly displayed and current] an off-highway implement of husbandry
159 [sticker].