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Motor Vehicles | |
Off-Highway Vehicles | |
Section 35 | Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent issuance of decal -- Deposit and use of fee revenue. |
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41-22-35. Off-highway vehicle user fee -- Decal -- Agents -- Penalty for fraudulent
issuance of decal -- Deposit and use of fee revenue. (1) (a) Except as provided in Subsection (1)(b), any nonresident owning an off-highway vehicle who operates or gives another person permission to operate the off-highway vehicle on any public land, trail, street, or highway in this state shall: (i) apply for an off-highway vehicle decal issued exclusively for an off-highway vehicle owned by a nonresident of the state; (ii) pay an annual off-highway vehicle user fee; and (iii) provide evidence that: (A) the person is a nonresident; and (B) the person is the owner of the off-highway vehicle. (b) The provisions of Subsection (1)(a) do not apply to an off-highway vehicle if the off-highway vehicle is: (i) registered in another state that offers reciprocal operating privileges to Utah residents under rules made by the board; (ii) used exclusively for the purposes of a scheduled competitive event sponsored by a public or private entity or another event sponsored by a governmental entity under rules made by the board; or (iii) owned and operated by a state government agency and the operation of the off-highway vehicle within the boundaries of the state is within the course and scope of the duties of the agency. (2) The off-highway vehicle user fee is $30. (3) Upon compliance with the provisions of Subsection (1)(a), the nonresident shall: (a) receive a nonresident off-highway vehicle user decal indicating compliance with the provisions of Subsection (1)(a); and (b) display the decal on the off-highway vehicle in accordance with rules made by the board. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules establishing: (a) procedures for: (i) the payment of off-highway vehicle user fees; and (ii) the display of a decal on an off-highway vehicle as required under Subsection (3)(b); (b) acceptable evidence indicating compliance with Subsection (1); (c) eligibility requirements for reciprocal operating privileges for nonresident users; and (d) eligibility for scheduled competitive events or other events under Subsection (1)(b)(ii). (5) (a) An off-highway vehicle user decal may be issued and the off-highway vehicle user fee may be collected by the division or agents of the division. (b) An agent shall retain 10% of all off-highway vehicle user fees collected. (c) The division may require agents to obtain a bond in a reasonable amount. (d) On or before the tenth day of each month, each agent shall: (i) report all sales to the division; and (ii) submit all off-highway vehicle user fees collected less the remuneration provided in Subsection (5)(b). (e) (i) If an agent fails to pay the amount due, the division may assess a penalty of 20%
of the amount due.
Amended by Chapter 308, 2010 General Session |
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