H.B. 291 Enrolled

1

OFF-HIGHWAY VEHICLE AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael E. Noel
5 Senate Sponsor: Mike Dmitrich
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to
10 off-highway vehicles.
11 Highlighted Provisions:
12 This bill:
13 . defines "direct supervision";
14 . requires that certain persons operating an off-highway vehicle with an appropriate
15 safety certificate issued or approved by the Division of Parks and Recreation shall be
16 under the direct supervision of a person who is at least 18 years of age if operating
17 the off-highway vehicle on certain highways;
18 . increases the fine for violating the off-highway vehicle supervision, safety certificate,
19 or driver license operating requirement; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 41-22-30, as last amended by Laws of Utah 2004, Chapter 349
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 41-22-30 is amended to read:
31 41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
32 (1) As used in this section, "direct supervision" means oversight at a distance:
33 (a) of no more than 300 feet; and
34 (b) within which:
35 (i) visual contact is maintained; and
36 (ii) advice and assistance can be given and received.
37 [(1)] (2) A person may not operate and an owner may not give that person permission
38 to operate an off-highway vehicle on any public land, trail, street, or highway of this state unless
39 the person:
40 (a) is under the direct supervision of a certified off-highway vehicle safety instructor
41 during a scheduled safety training course;
42 (b) (i) has in [his] the person's possession the appropriate safety certificate issued or
43 approved by the division; [or] and
44 (ii) if under 18 years of age, is under the direct supervision of a person who is at least
45 18 years of age if operating on a public highway that is:
46 (A) open to motor vehicles; and
47 (B) not exclusively reserved for off-highway vehicle use; or
48 (c) has in [his] the person's immediate possession a valid motor vehicle operator's
49 license, as provided in Title 53, Chapter 3, Uniform Driver License Act.
50 [(2) (a) Any] (3) (a) A person convicted of a violation of this section is guilty of an
51 infraction and shall be fined not more than [$50] $100 per offense.
52 (b) It is a defense to a charge under this section, if the person charged:
53 (i) produces in court a license or an appropriate safety certificate that was:
54 [(i)] (A) valid at the time of the citation or arrest; and
55 [(ii)] (B) issued to the person operating the off-highway vehicle[.]; and
56 (ii) can show that the direct supervision requirement under Subsection (2)(b) was not
57 violated at the time of citation or arrest.

58 [(3)] (4) The requirements of this section do not apply to an operator of an [all-terrain
59 type I vehicle with a properly displayed and current] off-highway implement of husbandry
60 [sticker].