<section number="41-12a-301"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">295</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions -- Requirement of owner's or operator's security -- Exceptions.</catchline><subsection number="41-12a-301(1)">As used in this section:<subsection number="41-12a-301(1)(a)">"Highway" means the same as that term is defined in Section <xref depth="3" refnumber="41-1a-102" start="0">41-1a-102</xref>.</subsection><subsection number="41-12a-301(1)(b)">"Local education agency" or "LEA" means the same as that term is defined in Section <xref depth="3" refnumber="53E-1-102" start="0">53E-1-102</xref>.</subsection><subsection number="41-12a-301(1)(c)">"Quasi-public road or parking area" means the same as that term is defined in Section <xref depth="3" refnumber="41-6a-214" start="0">41-6a-214</xref>.</subsection></subsection><subsection number="41-12a-301(2)">Except as provided in Subsection <xref depth="4" refnumber="41-12a-301(5)" start="0">(5)</xref>:<subsection number="41-12a-301(2)(a)">every resident owner of a motor vehicle shall maintain owner's or operator's security in effect at any time that the motor vehicle is operated on a highway or on a quasi-public road or parking area within the state; and</subsection><subsection number="41-12a-301(2)(b)">every nonresident owner of a motor vehicle that has been physically present in this state for:<subsection number="41-12a-301(2)(b)(i)">90 or fewer days during the preceding 365 days shall maintain the type and amount of owner's or operator's security required in his place of residence, in effect continuously throughout the period the motor vehicle remains within Utah; or</subsection><subsection number="41-12a-301(2)(b)(ii)">more than 90 days during the preceding 365 days shall thereafter maintain owner's or operator's security in effect continuously throughout the period the motor vehicle remains within Utah.</subsection></subsection></subsection><subsection number="41-12a-301(3)"><subsection number="41-12a-301(3)(a)">Except as provided in Subsection <xref depth="4" refnumber="41-12a-301(5)" start="0">(5)</xref>, the state and all of the state's political subdivisions and their respective departments, institutions, or agencies shall maintain owner's or operator's security in effect continuously for their motor vehicles.</subsection><subsection number="41-12a-301(3)(b)">Any other state is considered a nonresident owner of its motor vehicles and is subject to Subsection <xref depth="4" refnumber="41-12a-301(2)(b)" start="0">(2)(b)</xref>.</subsection></subsection><subsection number="41-12a-301(4)">The United States, any political subdivision of it, or any of its agencies may maintain owner's or operator's security in effect for their motor vehicles.</subsection><subsection number="41-12a-301(5)">Owner's or operator's security is not required for any of the following:<subsection number="41-12a-301(5)(a)">off-highway vehicles registered under Section <xref depth="3" refnumber="41-22-3" start="0">41-22-3</xref> when operated either:<subsection number="41-12a-301(5)(a)(i)">on a highway designated as open for off-highway vehicle use; or</subsection><subsection number="41-12a-301(5)(a)(ii)">in the manner prescribed by Subsections <xref depth="4" refnumber="41-22-10.3(1)" start="0">41-22-10.3(1)</xref> through <xref depth="4" refnumber="41-22-10.3(3)" start="0">(3)</xref>;</subsection></subsection><subsection number="41-12a-301(5)(b)">off-highway implements of husbandry operated in the manner prescribed by Subsections <xref depth="4" refnumber="41-22-5.5(3)" start="0">41-22-5.5(3)</xref> through <xref depth="4" refnumber="41-22-5.5(5)" start="0">(5)</xref>;</subsection><subsection number="41-12a-301(5)(c)">electric assisted bicycles as defined under Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>;</subsection><subsection number="41-12a-301(5)(d)">motor assisted scooters as defined under Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>;</subsection><subsection number="41-12a-301(5)(e)">electric personal assistive mobility devices as defined under Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>; or</subsection><subsection number="41-12a-301(5)(f)">an LEA, for a school bus that the LEA authorizes a state entity or political subdivision of the state to use.</subsection></subsection><subsection number="41-12a-301(6)">If an LEA authorizes a state entity or political subdivision of the state to use a school bus:<subsection number="41-12a-301(6)(a)">the state entity or political subdivision shall maintain owner's or operator's security during the term of the school bus use in an amount that is greater than or equal to any governmental immunity liability limit;</subsection><subsection number="41-12a-301(6)(b)">the state entity or the political subdivision shall indemnify and defend the LEA for any claim that arises from the school bus use including a claim directed at the LEA, unless the claim arises from the sole negligence of the LEA; and</subsection><subsection number="41-12a-301(6)(c)">if the school district maintains owner's or operator's security for the school bus during the term of school bus use, the owner's and operator's security maintained by the state entity or political subdivision of the state is primary to the owner's and operator's security maintained by the LEA.</subsection></subsection></section>