Utah Code
Title 54 Public Utilities
Chapter 8a Damage to Underground Utility Facilities
Section 6 Duties and liabilities of an excavator.


     54-8a-6.   Duties and liabilities of an excavator.
     (1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.
     (2) (a) An excavator is not liable for a civil penalty under this chapter if the excavator has:
     (i) given proper notice of the proposed excavation as required in this chapter;
     (ii) marked the area of the proposed excavation as required in Section 54-8a-4;
     (iii) complied with Section 54-8a-5.5; and
     (iv) complied with Section 54-8a-7.
     (b) An excavator is liable for damage incurred by an operator if:
     (i) the operator complies with Section 54-8a-5; and
     (ii) the damage occurs within 24 inches of the operator's markings.

Amended by Chapter 344, 2008 General Session
Download Code Section Zipped WordPerfect 54_08a000600.ZIP 2,309 Bytes
<< Previous Section (54-8a-5.8) Next Section (54-8a-7) >>