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S.B. 128
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5 AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN OFF-HIGHWAY
6 VEHICLE AND OFF-HIGHWAY IMPLEMENT OF HUSBANDRY SAFETY AND USE
7 REQUIREMENTS; REPEALING CERTAIN EXCEPTIONS; EXPANDING THE USE OF
8 CERTAIN OFF-HIGHWAY VEHICLE ACCOUNT REVENUE; AND MAKING
9 TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 41-22-10.7, as last amended by Chapter 21, Laws of Utah 1989
13 41-22-10.8, as last amended by Chapter 21, Laws of Utah 1989
14 41-22-12, as last amended by Chapter 162, Laws of Utah 1987
15 41-22-19, as last amended by Chapter 21, Laws of Utah 1989
16 41-22-20, as last amended by Chapter 1, Laws of Utah 1986, Second Special Session
17 41-22-30, as last amended by Chapter 21, Laws of Utah 1989
18 41-22-33, as last amended by Chapter 21, Laws of Utah 1989
19 REPEALS:
20 41-22-10.9, as last amended by Chapter 234, Laws of Utah 1993
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 41-22-10.7 is amended to read:
23 41-22-10.7. Vehicle equipment requirements.
24 (1) An off-highway vehicle [
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26 be equipped with:
27 (a) brakes adequate to control the movement of and to stop and hold the vehicle under
1 normal operating conditions;
2 (b) headlights and taillights when operated between sunset and sunrise;
3 (c) a noise control device; and
4 (d) a safety flag, red or orange in color and a minimum of six by 12 inches, attached to the
5 off-highway vehicle at least eight feet above the surface of level ground, when operated on sand
6 dunes.
7 (2) [
8 the board may [
9 Subsection (1).
10 Section 2. Section 41-22-10.8 is amended to read:
11 41-22-10.8. Protective headgear requirements -- Owner duty -- Penalty for violation.
12 (1) Operators and passengers of all-terrain type I vehicles, snowmobiles, or motorcycles
13 are required to wear properly fitted, safety-rated protective headgear:
14 (a) when operating the vehicle in competitive events on lands or highways designated as
15 open for off-highway vehicle use; or
16 (b) if under 18 years of age.
17 [
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20 (2) The owner of an off-highway vehicle or off-highway implement of husbandry may not
21 give permission to a person who is under eight years of age to ride on an off-highway vehicle or
22 off-highway implement of husbandry in violation of this section.
23 (3) Any person convicted of violations of this section is guilty of an infraction and shall
24 be fined not more than $50 per offense.
25 Section 3. Section 41-22-12 is amended to read:
26 41-22-12. Restrictions on use of public lands.
27 (1) All federal agencies are encouraged and agencies of the state and its subdivisions shall
28 refrain from closing any public land to responsible off-highway vehicle use [
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30 (2) [
31 not give another person permission to operate an off-highway vehicle on any public land which
1 [
2 Section 4. Section 41-22-19 is amended to read:
3 41-22-19. Deposit of fees and related moneys in Off-highway Vehicle Account -- Use
4 for facilities, costs and expenses of division, and education -- Request for matching funds.
5 (1) All registration fees and related moneys collected by the Motor Vehicle Division or
6 any agencies designated to act for the Motor Vehicle Division under this chapter shall be deposited
7 as restricted revenue in the Off-highway Vehicle Account in the General Fund less the costs of
8 collecting off-highway vehicle registration fees by the Motor Vehicle Division. The balance of
9 the monies may be used by the division as follows:
10 (a) for the construction, improvement, operation, or maintenance of state-owned or
11 administered off-highway vehicle facilities;
12 (b) as matching funds with any federal agency or political subdivision of the state, for the
13 construction, improvement, operation, acquisition, or maintenance of federal, municipal, or
14 county-owned or administered off-highway vehicle facilities including public access facilities;
15 (c) for the administration and enforcement of the provisions of this chapter; and
16 (d) for the education of off-highway vehicle users.
17 (2) All agencies or political subdivisions requesting matching funds shall submit plans for
18 proposed off-highway vehicle facilities to the division for review and approval.
19 Section 5. Section 41-22-20 is amended to read:
20 41-22-20. Public land administrating agencies to develop facilities and programs.
21 All public land administering agencies are encouraged:
22 (1) to develop and maintain trails, parking areas, rest rooms, and other related facilities
23 appropriate to off-highway vehicle use [
24 (2) to promote the safety, enjoyment, and responsible use of all forms of this recreational
25 activity.
26 Section 6. Section 41-22-30 is amended to read:
27 41-22-30. Operation by persons eight years of age or older but under 16 years of age
28 -- Safety certificate required -- Penalty.
29 (1) [
30 operate and [
31 on any public land, trail, street, or highway of this state unless the person [
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2 (a) [
3 during a scheduled safety training course[
4 (b) [
5 or
6 (c) has in his immediate possession a valid motor vehicle operator's license, as provided
7 in Title 53, Chapter 3, Uniform Driver License Act.
8 (2) (a) Any person convicted of a violation of this section is guilty of an infraction and
9 shall be fined not more than $50 per offense.
10 (b) It is a defense to a charge under this section, if the person charged produces in court
11 a license or an appropriate safety certificate that was issued to the youth operating the off-highway
12 vehicle and was valid at the time of the citation or arrest.
13 (3) The requirements of this section [
14 Section 7. Section 41-22-33 is amended to read:
15 41-22-33. Fees for safety and education program -- Penalty -- Unlawful acts.
16 (1) [
17 required to register an off-highway vehicle under Section 41-22-8 to help fund the off-highway
18 vehicle safety and education program. The division may also collect a fee not to exceed $10 from
19 each person who receives the training and takes the knowledge and skills test, or a fee not to
20 exceed $5 from each person who takes the knowledge and skills test for off-highway vehicle use.
21 (2) (a) To help defray instructors' costs, the division may [
22 certified off-highway vehicle safety instructors [
23 each student who receives the training and takes the knowledge and skills test.
24 (b) On or before the 10th day of each calendar month, volunteer off-highway vehicle
25 safety instructors shall report to the division all fees collected and students trained and shall
26 accompany the report with all money received for off-highway vehicle training[
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28 (c) If a volunteer off-highway vehicle safety instructor intentionally or negligently fails
29 to pay the amount due, the division may assess a penalty of 20% of the amount due. All
30 delinquent payments shall bear interest at the rate of 1% per month. If the amount due is not paid
31 because of bad faith or fraud, the division shall assess a penalty of 100% of the total due together
1 with interest.
2 (d) All fees collected from students[
3 apart from private funds of the instructor and shall at all times belong to the state. In case of an
4 assignment for the benefit of creditors, receivership, or bankruptcy, the state shall have a preferred
5 claim against the instructor, receiver, or trustee for all money owing the state for training and shall
6 not be stopped from asserting the claim by reason of commingling of funds or otherwise.
7 (e) The willful misdating of an off-highway vehicle education safety certificate, the
8 issuance of an incompleted certificate, or the issuance of a receipt in lieu of a certificate is
9 unlawful.
10 Section 8. Repealer.
11 This act repeals:
12 Section 41-22-10.9, License or safety certificate required for operation -- Penalty.
Legislative Review Note
as of 1-20-97 9:35 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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