S.B. 181

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 4, 2008 at 10:22 AM by rday. --> 1

OFF-HIGHWAY VEHICLE USE ON PUBLIC
2 HIGHWAYS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott K. Jenkins
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions governing the use
11 of off-highway vehicles on public highways.
12 Highlighted Provisions:
13 This bill:
14 . exempts insurance policies purchased to satisfy the owner's or operator's security
15 requirement for an off-highway vehicle from the requirement to include personal
16 injury protection on the policy;
17 . permits the operation of off-highway vehicles on public highways in limited
18 circumstances and locations;
19 . eliminates a prohibition of off-highway vehicle use on public highways in limited
20 circumstances; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

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- 2 - 28 31A-22-302, as last amended by Laws of Utah 2006, Chapter 69
29 41-22-10.3, as enacted by Laws of Utah 1986, Second Special Session, Chapter 1
30 41-22-10.5, as last amended by Laws of Utah 2004, Chapter 159
31 41-22-10.6, as last amended by Laws of Utah 2005, Chapter 2
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 31A-22-302 is amended to read:
35 31A-22-302. Required components of motor vehicle insurance policies --
36 Exceptions.
37 (1) Every policy of insurance or combination of policies purchased to satisfy the
38 owner's or operator's security requirement of Section 41-12a-301 shall include:
39 (a) motor vehicle liability coverage under Sections 31A-22-303 and 31A-22-304 ;
40 (b) uninsured motorist coverage under Section 31A-22-305 , unless affirmatively
41 waived under Subsection 31A-22-305 (4);
42 (c) underinsured motorist coverage under Section 31A-22-305.3 , unless affirmatively
43 waived under Subsection 31A-22-305.3 (2); and
44 (d) except as provided in Subsection (2) and subject to Subsection (3), personal injury
45 protection under Sections 31A-22-306 through 31A-22-309 .
46 (2) A policy of insurance or combination of policies, purchased to satisfy the owner's
47 or operator's security requirement of Section 41-12a-301 for a motorcycle, off-highway vehicle,
48 trailer, or semitrailer is not required to have personal injury protection under Sections
49 31A-22-306 through 31A-22-309 .
50 (3) (a) First party medical coverages may be offered or included in policies issued to
51 motorcycle, trailer, and semitrailer owners or operators.
52 (b) Owners and operators of motorcycles, trailers, and semitrailers are not covered by
53 personal injury protection coverages in connection with injuries incurred while operating any
54 of these vehicles.
55 (4) First party medical coverage expenses shall be governed by the relative value study
56 provisions under Subsections 31A-22-307 (2) and (3).
57 Section 2. Section 41-22-10.3 is amended to read:
58 41-22-10.3. Operation of vehicles on highways -- Limits.

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Senate Committee Amendments 2-4-2008 rd/sch 59

[No] (1) A person may operate an off-highway vehicle upon any street or highway, not
60 designated as open to off-highway vehicle use[, except]:
61 [(1)] (a) when crossing a street or highway and the operator comes to a complete stop
62 before crossing, proceeds only after yielding the right of way to oncoming traffic, and crosses
63 at a right angle;
64 [(2)] (b) when loading or unloading an off-highway vehicle from a vehicle or trailer,
65 which shall be done with due regard for safety, and at the nearest practical point of operation;
66 [or]
67 [(3)] (c) when an emergency exists, during any period of time and at those locations
68 when the operation of conventional motor vehicles is impractical or when the operation is
69 directed by a peace officer or other public authority[.]; or
70 (d) except as provided in Subsection (2) or Section 41-22-10.2 , when:
71 (i) the street or highway has a posted speed limit of no more than 50 miles per hour;
72 (ii) the person operating the off-highway vehicle has in the person's immediate
73 possession a valid motor vehicle operator's license, issued in accordance with Title 53, Chapter
74 3, Uniform Driver License Act; and
75 (iii) owner's or operator's security issued in accordance with Title 41, Chapter 12a,
76 Financial Responsibility of Motor Vehicle Owners and Operators Act, is in effect for the
77 off-highway vehicle.
78 (2) Unless the street or highway is designated as open for off-highway vehicle use by
79 the municipality or county in accordance with Section 41-22-10.5 , a person may not operate an
80 off-highway vehicle on a street or highway in accordance with Subsection (1)(d) if the street or
81 highway is under the jurisdiction of:
82 (a) a county of the first S. [ or second ] .S class;
83 (b) a municipality that is within a county of the first S. [ or second ] .S class; or
84 (c) a municipality with a population of 30,000 or more people.
85 Section 3. Section 41-22-10.5 is amended to read:
86 41-22-10.5. Local ordinances -- Designating routes -- Supervision.
87 (1) A municipality or county may adopt ordinances designating certain streets and
88 highways under its respective jurisdiction as off-highway vehicle routes to allow off-highway
89 vehicle operators to gain direct access to or from a private or public area open for off-highway

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- 4 - 90 vehicle use.
91 (2) A municipality or a county may adopt an ordinance requiring an off-highway
92 vehicle operator who is under 16 years of age to be under the direct visual supervision of an
93 adult who is at least 18 years of age while using a route designated under Subsection (1).
94 (3) A route designated under Subsection (1) may not be along, across, or within the
95 boundaries of an interstate freeway or limited access highway.
96 [(4) Except as provided under Section 41-22-10.3 , a person may not operate an
97 off-highway vehicle on any street or highway that is not designated or posted as open for
98 off-highway vehicle use in accordance with Subsection (1) or Section 41-22-10.1 .]
99 [(5) Subsection (4) does not apply to off-highway implements of husbandry used in
100 accordance with Section 41-22-5.5 .]
101 Section 4. Section 41-22-10.6 is amended to read:
102 41-22-10.6. Requiring compliance with traffic laws.
103 [Any] (1) Except as provided in Subsection (2), a person operating an off-highway
104 vehicle is subject to the provisions of Title 41, Chapter 6a, Traffic Code, unless specifically
105 excluded.
106 (2) A person operating an off-highway vehicle that meets the equipment requirements
107 of Section 41-22-10.7 is not required to meet the equipment requirements of Title 41, Chapter
108 6a, Traffic Code.

Legislative Review Note
as of 1-30-08 8:32 AM

Office of Legislative Research and General Counsel