First Substitute S.B. 128

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OFF-HIGHWAY VEHICLE OPERATOR REQUIREMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John P. Holmgren
5 AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN OFF-HIGHWAY
6 VEHICLE AND OFF-HIGHWAY IMPLEMENT OF HUSBANDRY SAFETY AND USE
7 REQUIREMENTS; EXPANDING THE USE OF CERTAIN OFF-HIGHWAY VEHICLE
8 ACCOUNT REVENUE; AND MAKING TECHNICAL CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 41-22-10.7, as last amended by Chapter 21, Laws of Utah 1989
12 41-22-10.8, as last amended by Chapter 21, Laws of Utah 1989
13 41-22-12, as last amended by Chapter 162, Laws of Utah 1987
14 41-22-19, as last amended by Chapter 21, Laws of Utah 1989
15 41-22-20, as last amended by Chapter 1, Laws of Utah 1986, Second Special Session
16 41-22-30, as last amended by Chapter 21, Laws of Utah 1989
17 41-22-33, as last amended by Chapter 21, Laws of Utah 1989
18 REPEALS:
19 41-22-10.9, as last amended by Chapter 234, Laws of Utah 1993
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 41-22-10.7 is amended to read:
22 41-22-10.7. Vehicle equipment requirements.
23 (1) An off-highway vehicle [registered under this chapter and an off-highway implement
24 of husbandry operated in the manner prescribed by Subsections 41-22-5.5 (3) through (5)] shall
25 be equipped with:
26 (a) brakes adequate to control the movement of and to stop and hold the vehicle under
27 normal operating conditions;

1 (b) headlights and taillights when operated between sunset and sunrise;
2 (c) a noise control device; and
3 (d) a safety flag, red or orange in color and a minimum of six by 12 inches, attached to the
4 off-highway vehicle at least eight feet above the surface of level ground, when operated on sand
5 dunes.
6 (2) [The] In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
7 the board may [promulgate] make rules which set standards for the equipment referred to in
8 Subsection (1).
9 Section 2. Section 41-22-10.8 is amended to read:
10 41-22-10.8. Protective headgear requirements -- Owner duty -- Penalty for violation.
11 (1) [Operators and passengers of] A person under the age of 18 may not operate or ride
12 on an all-terrain type I vehicles, snowmobiles, or motorcycles [are required to wear] on public land
13 unless the person is wearing a properly fitted, safety-rated protective headgear[:] designed for
14 motorized vehicle use.
15 [(a) when operating the vehicle in competitive events on lands or highways designated as
16 open for off-highway vehicle use; or]
17 [(b) if under 18 years of age.]
18 (2) The owner of an off-highway vehicle or any other person may not give permission to
19 a person who is under 18 years of age to operate or ride on an off-highway vehicle in violation of
20 this section.
21 [(2)] (3) Operators and passengers of off-highway implements of husbandry operated in
22 the manner prescribed by Subsections 41-22-5.5 (3) through (5) are exempt from the requirements
23 of this section.
24 [(3)] (4) Any person convicted of violations of this section is guilty of an infraction and
25 shall be fined not more than $50 per offense.
26 Section 3. Section 41-22-12 is amended to read:
27 41-22-12. Restrictions on use of public lands.
28 (1) All federal agencies are encouraged and agencies of the state and its subdivisions shall
29 refrain from closing any public land to responsible off-highway vehicle use [except where just and
30 reasonable cause can be demonstrated such as protection of watersheds, plant, and animal life].
31 (2) [No] A person may not operate and [no] an owner of [a] an off-highway vehicle may

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1 not give another person permission to operate an off-highway vehicle on any public land which
2 [has not been designated as open] is closed to off-highway vehicles.
3 Section 4. Section 41-22-19 is amended to read:
4 41-22-19. Deposit of fees and related moneys in Off-highway Vehicle Account -- Use
5 for facilities, costs and expenses of division, and education -- Request for matching funds.
6 (1) All registration fees and related moneys collected by the Motor Vehicle Division or
7 any agencies designated to act for the Motor Vehicle Division under this chapter shall be deposited
8 as restricted revenue in the Off-highway Vehicle Account in the General Fund less the costs of
9 collecting off-highway vehicle registration fees by the Motor Vehicle Division. The balance of
10 the monies may be used by the division as follows:
11 (a) for the construction, improvement, operation, or maintenance of state-owned or
12 administered off-highway vehicle facilities;
13 (b) as matching funds with any federal agency or political subdivision of the state, for the
14 construction, improvement, operation, acquisition, or maintenance of federal, municipal, or
15 county-owned or administered off-highway vehicle facilities including public access facilities;
16 (c) for the administration and enforcement of the provisions of this chapter; and
17 (d) for the education of off-highway vehicle users.
18 (2) All agencies or political subdivisions requesting matching funds shall submit plans for
19 proposed off-highway vehicle facilities to the division for review and approval.
20 Section 5. Section 41-22-20 is amended to read:
21 41-22-20. Public land administrating agencies to develop facilities and programs.
22 All public land administering agencies are encouraged:
23 (1) to develop and maintain trails, parking areas, rest rooms, and other related facilities
24 appropriate to off-highway vehicle use [when a need can be demonstrated,]; and
25 (2) to promote the safety, enjoyment, and responsible use of all forms of this recreational
26 activity.
27 Section 6. Section 41-22-30 is amended to read:
28 41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
29 (1) [No] A person [who is eight years of age or older but under 16 years of age] may not
30 operate and [no] an owner may not give that person permission to operate an off-highway vehicle
31 on any public land, trail, street, or highway of this state unless the person [is operating the vehicle

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1 under one of the following conditions]:
2 (a) [He] is under the direct supervision of a certified off-highway vehicle safety instructor
3 during a scheduled safety training course[.];
4 (b) [He] has in his possession the appropriate safety certificate issued by the division[.];
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 [shall] apply only to Utah residents.
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) [Beginning July 1, 1987, a] A $2 fee [will] shall be added to the registration fee
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 [allow] reimburse volunteer
22 certified off-highway vehicle safety instructors [to retain] up to $3 [of the fee collected from] for
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[, less the
27 remuneration described].
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

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1 with interest.
2 (d) All fees collected from students[, except the remuneration,] shall be kept separate and
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.

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