41-22-33. Fees for safety and education program -- Penalty -- Unlawful acts.
(1) (a) A fee set by the board in accordance with Section 63J-1-303 shall be added to the
registration fee required to register an off-highway vehicle under Section 41-22-8 to help fund
the off-highway vehicle safety and education program.
(b) The division may also collect a fee set by the board in accordance with Section
63J-1-303 from each person who:
(i) receives the training and takes the knowledge and skills test for off-highway vehicle
use; or
(ii) takes the knowledge and skills test for off-highway vehicle use.
(c) If the board modifies the fee under Subsection (1)(a), the modification shall take
effect on the first day of the calendar quarter after 90 days from the day on which the board
provides the State Tax Commission:
(i) notice from the board stating that the board will modify the fee; and
(ii) a copy of the fee modification.
(2) (a) To help defray instructors' costs, the division may reimburse volunteer certified
off-highway vehicle safety instructors up to $6 for each student who receives the training and
takes the knowledge and skills test.
(b) On or before the 10th day of each calendar month, volunteer off-highway vehicle
safety instructors shall report to the division all fees collected and students trained and shall
accompany the report with all money received for off-highway vehicle training.
(c) If a volunteer off-highway vehicle safety instructor intentionally or negligently fails to
pay the amount due, the division may assess a penalty of 20% of the amount due. All delinquent
payments shall bear interest at the rate of 1% per month. If the amount due is not paid because of
bad faith or fraud, the division shall assess a penalty of 100% of the total due together with
interest.
(d) All fees collected from students shall be kept separate and apart from private funds of
the instructor and shall at all times belong to the state. In case of an assignment for the benefit of
creditors, receivership, or bankruptcy, the state shall have a preferred claim against the instructor,
receiver, or trustee for all money owing the state for training and shall not be stopped from
asserting the claim by reason of commingling of funds or otherwise.
(e) A person may not:
(i) willfully misdate an off-highway vehicle education safety certificate;
(ii) issue an incomplete certificate; or
(iii) issue a receipt in lieu of a certificate.
Amended by Chapter 94, 2008 General Session
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Last revised: Wednesday, July 23, 2008