S.B. 181 Enrolled

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: Michael E. Noel
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Insurance Code and the Motor Vehicles Code by amending
11 provisions governing the use of off-highway vehicles on public highways.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . exempts insurance policies purchased to satisfy the owner's or operator's security
16 requirement for an off-highway vehicle or street-legal all-terrain vehicle from the
17 requirement to include personal injury protection on the policy;
18 . authorizes a person to operate a street-legal all-terrain vehicle on certain highways;
19 . defines the registration, equipment, taxation, licensing, and other requirements for an
20 all-terrain vehicle to operate as a street-legal all-terrain vehicle;
21 . authorizes a municipality or county to designate a highway under its respective
22 jurisdiction as open to street-legal all-terrain vehicle use, general off-highway vehicle
23 use, or limited off-highway vehicle use; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill takes effect on October 1, 2008.
29 Utah Code Sections Affected:

30 AMENDS:
31 31A-22-302, as last amended by Laws of Utah 2006, Chapter 69
32 41-1a-202, as last amended by Laws of Utah 2007, Chapter 86
33 41-1a-205, as last amended by Laws of Utah 2005, Chapter 2
34 41-6a-102, as last amended by Laws of Utah 2007, Chapter 86
35 41-6a-1601, as renumbered and amended by Laws of Utah 2005, Chapter 2
36 41-8-1, as last amended by Laws of Utah 2006, Chapter 201
37 41-12a-301, as last amended by Laws of Utah 2007, Chapter 86
38 41-22-2, as last amended by Laws of Utah 2007, Chapter 136
39 41-22-9, as last amended by Laws of Utah 2004, Chapter 314
40 41-22-10.3, as enacted by Laws of Utah 1986, Second Special Session, Chapter 1
41 41-22-10.5, as last amended by Laws of Utah 2004, Chapter 159
42 53-8-205, as last amended by Laws of Utah 2003, Chapter 108
43 ENACTS:
44 41-6a-1509, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 31A-22-302 is amended to read:
48 31A-22-302. Required components of motor vehicle insurance policies --
49 Exceptions.
50 (1) Every policy of insurance or combination of policies purchased to satisfy the
51 owner's or operator's security requirement of Section 41-12a-301 shall include:
52 (a) motor vehicle liability coverage under Sections 31A-22-303 and 31A-22-304 ;
53 (b) uninsured motorist coverage under Section 31A-22-305 , unless affirmatively waived
54 under Subsection 31A-22-305 (4);
55 (c) underinsured motorist coverage under Section 31A-22-305.3 , unless affirmatively
56 waived under Subsection 31A-22-305.3 (2); and
57 (d) except as provided in Subsection (2) and subject to Subsection (3), personal injury

58 protection under Sections 31A-22-306 through 31A-22-309 .
59 (2) A policy of insurance or combination of policies, purchased to satisfy the owner's or
60 operator's security requirement of Section 41-12a-301 for a motorcycle, off-highway vehicle,
61 street-legal all-terrain vehicle, trailer, or semitrailer is not required to have personal injury
62 protection under Sections 31A-22-306 through 31A-22-309 .
63 (3) (a) First party medical coverages may be offered or included in policies issued to
64 motorcycle, off-highway vehicle, street-legal all-terrain vehicle, trailer, and semitrailer owners
65 or operators.
66 (b) Owners and operators of motorcycles, off-highway vehicles, street-legal all-terrain
67 vehicles, trailers, and semitrailers are not covered by personal injury protection coverages in
68 connection with injuries incurred while operating any of these vehicles.
69 (4) First party medical coverage expenses shall be governed by the relative value study
70 provisions under Subsections 31A-22-307 (2) and (3).
71 Section 2. Section 41-1a-202 is amended to read:
72 41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
73 vehicles after establishing residency.
74 (1) In this section:
75 (a) "Domicile" means the place:
76 (i) where an individual has a fixed permanent home and principal establishment;
77 (ii) to which the individual if absent, intends to return; and
78 (iii) in which the individual and his family voluntarily reside, not for a special or
79 temporary purpose, but with the intention of making a permanent home.
80 (b) (i) "Resident" means any of the following:
81 (A) an individual who:
82 (I) has established a domicile in this state;
83 (II) regardless of domicile, remains in this state for an aggregate period of six months or
84 more during any calendar year;
85 (III) engages in a trade, profession, or occupation in this state or who accepts

86 employment in other than seasonal work in this state and who does not commute into the state;
87 (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
88 license or motor vehicle registration; or
89 (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
90 nonresidents, including going to school, or placing children in school without paying
91 nonresident tuition or fees; or
92 (B) any individual, partnership, limited liability company, firm, corporation, association,
93 or other entity that:
94 (I) maintains a main office, branch office, or warehouse facility in this state and that
95 bases and operates a motor vehicle in this state; or
96 (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
97 (ii) "Resident" does not include any of the following:
98 (A) a member of the military temporarily stationed in Utah;
99 (B) an out-of-state student, as classified by the institution of higher education, enrolled
100 with the equivalent of seven or more quarter hours, regardless of whether the student engages
101 in a trade, profession, or occupation in this state or accepts employment in this state; and
102 (C) an individual domiciled in another state or a foreign country that:
103 (I) is engaged in public, charitable, educational, or religious services for a government
104 agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
105 Section 501(c)(3);
106 (II) is not compensated for services rendered other than expense reimbursements; and
107 (III) is temporarily in Utah for a period not to exceed 24 months.
108 (2) Registration under this chapter is not required for any:
109 (a) vehicle registered in another state and owned by a nonresident of the state or
110 operating under a temporary registration permit issued by the division or a dealer authorized by
111 this chapter, driven or moved upon a highway in conformance with the provisions of this
112 chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
113 (b) vehicle driven or moved upon a highway only for the purpose of crossing the

114 highway from one property to another;
115 (c) implement of husbandry, whether of a type otherwise subject to registration or not,
116 that is only incidentally operated or moved upon a highway;
117 (d) special mobile equipment;
118 (e) vehicle owned or leased by the federal government;
119 (f) motor vehicle not designed, used, or maintained for the transportation of passengers
120 for hire or for the transportation of property if the motor vehicle is registered in another state
121 and is owned and operated by a nonresident of this state;
122 (g) vehicle or combination of vehicles designed, used, or maintained for the
123 transportation of persons for hire or for the transportation of property if the vehicle or
124 combination of vehicles is registered in another state and is owned and operated by a
125 nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight of
126 26,000 pounds or less;
127 (h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
128 for hire for the transportation of property or person;
129 (i) manufactured home or mobile home;
130 (j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
131 vehicle is:
132 (i) being towed;
133 (ii) operated on a street or highway designated as open to off-highway vehicle use; or
134 (iii) operated in the manner prescribed in [Section] Subsections 41-22-10.3 (1) through
135 (3);
136 (k) off-highway implement of husbandry operated in the manner prescribed in
137 Subsections 41-22-5.5 (3) through (5);
138 (l) modular and prebuilt homes conforming to the uniform building code and presently
139 regulated by the United States Department of Housing and Urban Development that are not
140 constructed on a permanent chassis;
141 (m) electric assisted bicycle defined under Section 41-6a-102 ;

142 (n) motor assisted scooter defined under Section 41-6a-102 ; or
143 (o) electric personal assistive mobility device defined under Section 41-6a-102 .
144 (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
145 required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
146 within 60 days of the owner establishing residency in this state.
147 (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
148 registration requirements of this part for the time period that the registration under Section
149 41-3-306 is valid.
150 Section 3. Section 41-1a-205 is amended to read:
151 41-1a-205. Safety inspection certificate required for renewal or registration of
152 motor vehicle -- Exemptions.
153 (1) If required in the current year, a safety inspection certificate, as required by Section
154 53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as
155 a condition of, registration or renewal of registration of a motor vehicle.
156 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
157 required under this section may be made no more than two months prior to the renewal of
158 registration.
159 (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
160 certificate issued for the motor vehicle during the previous two months may be used to satisfy
161 the requirement under Subsection (1).
162 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
163 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
164 dealer's name during the previous six months may be used to satisfy the requirement under
165 Subsection (1).
166 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a safety
167 inspection certificate issued during the previous six months may be used to satisfy the
168 requirement under Subsection (1).
169 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection

170 required under this section may be made no more than 11 months prior to the renewal of
171 registration.
172 (3) (a) The following motor vehicles are exempt from this section:
173 [(a)] (i) except as provided in Subsection (3)(b), a new motor vehicle when registered
174 the first time, if:
175 [(i)] (A) a new car predelivery inspection has been made by a dealer;
176 [(ii)] (B) the dealer provides a written disclosure statement listing any known
177 deficiency, existing with the new motor vehicle at the time of delivery, that would cause the
178 motor vehicle to fail a safety inspection given in accordance with Section 53-8-205 ; and
179 [(iii)] (C) the buyer signs the disclosure statement to acknowledge that the buyer has
180 read and understands the listed deficiencies; and
181 [(b)] (ii) a motor vehicle required to be registered under this chapter that bears a dealer
182 plate or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates,
183 except that if the motor vehicle is propelled by its own power and is not being moved for repair
184 or dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
185 mechanical condition.
186 (b) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509 is
187 subject to a safety inspection the first time that a person registers an off-highway vehicle as a
188 street-legal all-terrain vehicle.
189 (4) (a) A safety inspection certificate shall be displayed on:
190 (i) all registered commercial motor vehicles with a gross vehicle weight rating of 26,000
191 pounds or more;
192 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
193 multiple axles;
194 (iii) a combination unit; and
195 (iv) a bus or van for hire.
196 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
197 Subsection (1).

198 (5) A motor vehicle may be sold and the title assigned to the new owner without a valid
199 safety inspection, but the motor vehicle may not be registered in the new owner's name until the
200 motor vehicle complies with this section.
201 Section 4. Section 41-6a-102 is amended to read:
202 41-6a-102. Definitions.
203 As used in this chapter:
204 (1) "Alley" means a street or highway intended to provide access to the rear or side of
205 lots or buildings in urban districts and not intended for through vehicular traffic.
206 (2) "All-terrain type I vehicle" has the same meaning as defined in Section 41-22-2 .
207 (3) "Authorized emergency vehicle" includes:
208 (a) fire department vehicles;
209 (b) police vehicles;
210 (c) ambulances; and
211 (d) other publicly or privately owned vehicles as designated by the commissioner of the
212 Department of Public Safety.
213 (4) (a) "Bicycle" means every device:
214 (i) propelled by human power;
215 (ii) upon which a person may ride; and
216 (iii) having two tandem wheels.
217 (b) "Bicycle" does not include scooters and similar devices.
218 (5) (a) "Bus" means a motor vehicle:
219 (i) designed for carrying more than 15 passengers and used for the transportation of
220 persons; or
221 (ii) designed and used for the transportation of persons for compensation.
222 (b) "Bus" does not include a taxicab.
223 (6) (a) "Circular intersection" means an intersection that has an island, generally circular
224 in design, located in the center of the intersection where traffic passes to the right of the island.
225 (b) "Circular intersection" includes:

226 (i) roundabouts;
227 (ii) rotaries; and
228 (iii) traffic circles.
229 (7) "Commissioner" means the commissioner of the Department of Public Safety.
230 (8) "Controlled-access highway" means a highway, street, or roadway:
231 (a) designed primarily for through traffic; and
232 (b) to or from which owners or occupants of abutting lands and other persons have no
233 legal right of access, except at points as determined by the highway authority having jurisdiction
234 over the highway, street, or roadway.
235 (9) "Crosswalk" means:
236 (a) that part of a roadway at an intersection included within the connections of the
237 lateral lines of the sidewalks on opposite sides of the highway measured from:
238 (i) (A) the curbs; or
239 (B) in the absence of curbs, from the edges of the traversable roadway; and
240 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
241 included within the extension of the lateral lines of the existing sidewalk at right angles to the
242 centerline; or
243 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
244 pedestrian crossing by lines or other markings on the surface.
245 (10) "Department" means the Department of Public Safety.
246 (11) "Direct supervision" means oversight at a distance within which:
247 (a) visual contact is maintained; and
248 (b) advice and assistance can be given and received.
249 (12) "Divided highway" means a highway divided into two or more roadways by:
250 (a) an unpaved intervening space;
251 (b) a physical barrier; or
252 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
253 (13) "Electric assisted bicycle" means a moped:

254 (a) with an electric motor with a power output of not more than 1,000 watts; and
255 (b) which is not capable of:
256 (i) propelling the device at a speed of more than 20 miles per hour on level ground; and
257 (ii) increasing the speed of the device when human power is used to propel the device at
258 more than 20 miles per hour.
259 (14) (a) "Electric personal assistive mobility device" means a self-balancing device with:
260 (i) two nontandem wheels in contact with the ground;
261 (ii) a system capable of steering and stopping the unit under typical operating
262 conditions;
263 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
264 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
265 (v) a deck design for a person to stand while operating the device.
266 (b) "Electric personal assistive mobility device" does not include a wheelchair.
267 (15) "Explosives" means any chemical compound or mechanical mixture commonly
268 used or intended for the purpose of producing an explosion and which contains any oxidizing
269 and combustive units or other ingredients in proportions, quantities, or packing so that an
270 ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or
271 mixture may cause a sudden generation of highly heated gases, and the resultant gaseous
272 pressures are capable of producing destructive effects on contiguous objects or of causing death
273 or serious bodily injury.
274 (16) "Farm tractor" means a motor vehicle designed and used primarily as a farm
275 implement, for drawing plows, mowing machines, and other implements of husbandry.
276 (17) "Flammable liquid" means a liquid which has a flashpoint of 100 degrees F. or less,
277 as determined by a tagliabue or equivalent closed-cup test device.
278 (18) "Freeway" means a controlled-access highway that is part of the interstate system
279 as defined in Section 72-1-102 .
280 (19) "Gore area" means the area delineated by two solid white lines that is between a
281 continuing lane of a through roadway and a lane used to enter or exit the continuing lane

282 including similar areas between merging or splitting highways.
283 (20) "Gross weight" means the weight of a vehicle without a load plus the weight of
284 any load on the vehicle.
285 (21) "Highway" means the entire width between property lines of every way or place of
286 any nature when any part of it is open to the use of the public as a matter of right for vehicular
287 travel.
288 (22) "Highway authority" has the same meaning as defined in Section 72-1-102 .
289 (23) (a) "Intersection" means the area embraced within the prolongation or connection
290 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
291 more highways which join one another.
292 (b) Where a highway includes two roadways 30 feet or more apart:
293 (i) every crossing of each roadway of the divided highway by an intersecting highway is
294 a separate intersection; and
295 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
296 every crossing of two roadways of the highways is a separate intersection.
297 (c) "Intersection" does not include the junction of an alley with a street or highway.
298 (24) "Island" means an area between traffic lanes or at an intersection for control of
299 vehicle movements or for pedestrian refuge designated by:
300 (a) pavement markings, which may include an area designated by two solid yellow lines
301 surrounding the perimeter of the area;
302 (b) channelizing devices;
303 (c) curbs;
304 (d) pavement edges; or
305 (e) other devices.
306 (25) "Law enforcement agency" has the same meaning as defined in Section 53-1-102 .
307 (26) "Limited access highway" means a highway:
308 (a) that is designated specifically for through traffic; and
309 (b) over, from, or to which neither owners nor occupants of abutting lands nor other

310 persons have any right or easement, or have only a limited right or easement of access, light, air,
311 or view.
312 (27) "Local highway authority" means the legislative, executive, or governing body of a
313 county, municipal, or other local board or body having authority to enact laws relating to traffic
314 under the constitution and laws of the state.
315 (28) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
316 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
317 (ii) has a capacity of not more than four passengers, including the driver.
318 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
319 (29) "Metal tire" means a tire, the surface of which in contact with the highway is
320 wholly or partly of metal or other hard nonresilient material.
321 (30) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
322 saddle that is less than 24 inches from the ground as measured on a level surface with properly
323 inflated tires.
324 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
325 (c) "Mini-motorcycle" does not include a motorcycle that is:
326 (i) designed for off-highway use; and
327 (ii) registered as an off-highway vehicle under Section 41-22-3 .
328 (31) "Mobile home" means:
329 (a) a trailer or semitrailer which is:
330 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
331 place either permanently or temporarily; and
332 (ii) equipped for use as a conveyance on streets and highways; or
333 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
334 for use as a mobile home, as defined in Subsection (31)(a), but which is instead used
335 permanently or temporarily for:
336 (i) the advertising, sale, display, or promotion of merchandise or services; or
337 (ii) any other commercial purpose except the transportation of property for hire or the

338 transportation of property for distribution by a private carrier.
339 (32) (a) "Moped" means a motor-driven cycle having:
340 (i) pedals to permit propulsion by human power; and
341 (ii) a motor which:
342 (A) produces not more than two brake horsepower; and
343 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
344 level ground.
345 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
346 centimeters and the moped shall have a power drive system that functions directly or
347 automatically without clutching or shifting by the operator after the drive system is engaged.
348 (c) "Moped" includes an electric assisted bicycle and a motor assisted scooter.
349 (33) "Motor assisted scooter" means a self-propelled device with:
350 (a) at least two wheels in contact with the ground;
351 (b) a braking system capable of stopping the unit under typical operating conditions;
352 (c) a gas or electric motor not exceeding 40 cubic centimeters;
353 (d) either:
354 (i) a deck design for a person to stand while operating the device; or
355 (ii) a deck and seat designed for a person to sit, straddle, or stand while operating the
356 device; and
357 (e) a design for the ability to be propelled by human power alone.
358 (34) (a) "Motor vehicle" means a vehicle which is self-propelled and every vehicle
359 which is propelled by electric power obtained from overhead trolley wires, but not operated
360 upon rails.
361 (b) "Motor vehicle" does not include vehicles moved solely by human power, motorized
362 wheelchairs, or an electric personal assistive mobility device.
363 (35) "Motorcycle" means a motor vehicle, other than a tractor, having a seat or saddle
364 for the use of the rider and designed to travel with not more than three wheels in contact with
365 the ground.

366 (36) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped, electric
367 assisted bicycle, motor assisted scooter, and every motorized bicycle having:
368 (i) an engine with less than 150 cubic centimeters displacement; or
369 (ii) a motor which produces not more than five horsepower.
370 (b) "Motor-driven cycle" does not include an electric personal assistive mobility device.
371 (37) "Off-highway implement of husbandry" has the same meaning as defined under
372 Section 41-22-2 .
373 (38) "Off-highway vehicle" has the same meaning as defined under Section 41-22-2 .
374 (39) "Operator" means a person who is in actual physical control of a vehicle.
375 (40) (a) "Park" or "parking" means the standing of a vehicle, whether occupied or not.
376 (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
377 purpose of and while actually engaged in loading or unloading property or passengers.
378 (41) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
379 Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
380 laws.
381 (42) "Pedes