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S.B. 106





Sponsor: Lyle W. Hillyard

             10      CHANGES.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          41-22-2, as last amended by Chapter 1, Laws of Utah 1992
             14          41-22-10.1, as last amended by Chapter 21, Laws of Utah 1989
             15          41-22-10.7, as last amended by Chapter 363, Laws of Utah 1997
             16          41-22-19, as last amended by Chapters 281 and 363, Laws of Utah 1997
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 41-22-2 is amended to read:
             19           41-22-2. Definitions.
             20          As used in this chapter:
             21          (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
             22      the Board of Parks and Recreation.
             23          (2) "All-terrain type I vehicle" means any motor vehicle 50 inches or less in width, having
             24      an unladen dry weight of [700] 800 pounds or less, traveling on three or more low pressure tires,
             25      having a seat designed to be straddled by the operator, and designed for or capable of travel over
             26      unimproved terrain.
             27          (3) "All-terrain type II vehicle" means any other motor vehicle, not defined in Subsection

             28      (2), (9), or (19), designed for or capable of travel over unimproved terrain. This term does not
             29      include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically
             30      designed for recreational use, or farm tractors as defined under Section 41-1a-102 .
             31          (4) "Board" means the Board of Parks and Recreation.
             32          (5) "Dealer" means a person engaged in the business of selling off-highway vehicles at
             33      wholesale or retail.
             34          (6) "Division" means the Division of Parks and Recreation.
             35          (7) "Low pressure tire" means any pneumatic tire six inches or more in width designed for
             36      use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of ten
             37      pounds per square inch or less as recommended by the vehicle manufacturer.
             38          (8) "Manufacturer" means a person engaged in the business of manufacturing off-highway
             39      vehicles.
             40          (9) "Motorcycle" means every motor vehicle having a saddle for the use of the operator
             41      and designed to travel on not more than two tires.
             42          (10) "Motor vehicle" means every vehicle which is self-propelled.
             43          (11) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain
             44      type II vehicle, or motorcycle.
             45          (12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
             46      motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.
             47          (13) "Operate" means to control the movement of or otherwise use an off-highway vehicle.
             48          (14) "Operator" means the person who is in actual physical control of an off-highway
             49      vehicle.
             50          (15) "Organized user group" means an off-highway vehicle organization incorporated as
             51      a nonprofit corporation in the state under Title 16, Chapter 6, "Utah Nonprofit Corporation and
             52      Co-operative Association Act," for the purpose of promoting the interests of off-highway vehicle
             53      recreation.
             54          [(15)] (16) "Owner" means a person, other than a person with a security interest, having
             55      a property interest or title to an off-highway vehicle and entitled to the use and possession of that
             56      vehicle.
             57          [(16)] (17) "Public land" means land owned or administered by any federal or state agency
             58      or any political subdivision of the state.

             59          [(17)] (18) "Register" means the act of assigning a registration number to an off-highway
             60      vehicle.
             61          [(18)] (19) "Roadway" is used as defined in Section 41-6-1 .
             62          [(19)] (20) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
             63      steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
             64          [(20)] (21) "Street or highway" means the entire width between boundary lines of every
             65      way or place of whatever nature, when any part of it is open to the use of the public for vehicular
             66      travel.
             67          Section 2. Section 41-22-10.1 is amended to read:
             68           41-22-10.1. Vehicles operated on posted public land.
             69          (1) Currently registered off-highway vehicles may be operated on public land, trails,
             70      streets, or highways that are posted by sign or designated by map or description as open to
             71      off-highway vehicle use by the controlling federal, state, county, or [city] municipal agency[, as
             72      open to off-highway vehicle use].
             73          [(2) The Utah Division of Parks and Recreation shall meet once within six months of the
             74      effective date of this act, with the county commissioners to explain the provisions of these sections
             75      of the Utah Code.]
             76          [(3)] (2) The controlling federal, state, county, or [city] municipal agency [shall] may:
             77          (a) provide a map or description showing or describing land, trails, streets, or highways
             78      open to off-highway vehicle use; or
             79          (b) post signs designating lands, trails, streets, or highways open to off-highway vehicle
             80      use.
             81          [(4) No liability] (3) Liability may not be imposed on any federal, state, county, or [city]
             82      municipality relating to the designation or maintenance of any land, trail, street, or highway open
             83      for off-highway vehicle use.
             84          Section 3. Section 41-22-10.7 is amended to read:
             85           41-22-10.7. Vehicle equipment requirements -- Rulemaking -- Exceptions.
             86          (1) Except as provided under Subsection (3), an off-highway vehicle shall be equipped
             87      with:
             88          (a) brakes adequate to control the movement of and to stop and hold the vehicle under
             89      normal operating conditions;

             90          (b) headlights and taillights when operated between sunset and sunrise;
             91          (c) a noise control and spark arrestor device; and
             92          (d) a safety flag, red or orange in color and a minimum of six by 12 inches, attached to the
             93      off-highway vehicle at least eight feet above the surface of level ground, when operated on sand
             94      dunes.
             95          (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             96      board may make rules which set standards for the equipment referred to in Subsection (1).
             97          (3) An off-highway implement of husbandry used only in agricultural operations and not
             98      operated on a highway, is exempt from the provisions of this section.
             99          Section 4. Section 41-22-19 is amended to read:
             100           41-22-19. Deposit of fees and related moneys in Off-highway Vehicle Account -- Use
             101      for facilities, costs and expenses of division, and education -- Request for matching funds.
             102          (1) Except as provided under Section 41-22-34 , all registration fees and related moneys
             103      collected by the Motor Vehicle Division or any agencies designated to act for the Motor Vehicle
             104      Division under this chapter shall be deposited as restricted revenue in the Off-highway Vehicle
             105      Account in the General Fund less the costs of collecting off-highway vehicle registration fees by
             106      the Motor Vehicle Division. The balance of the monies may be used by the division as follows:
             107          (a) for the construction, improvement, operation, or maintenance of [state-owned] publicly
             108      owned or administered off-highway vehicle facilities;
             109          (b) as grants or as matching funds with any federal agency [or], political subdivision of
             110      the state, or organized user group for the construction, improvement, operation, acquisition, or
             111      maintenance of [federal, municipal, or county-owned] publicly owned or administered off-highway
             112      vehicle facilities including public access facilities;
             113          (c) for the administration and enforcement of the provisions of this chapter; and
             114          (d) for the education of off-highway vehicle users.
             115          (2) All agencies or political subdivisions requesting matching funds shall submit plans for
             116      proposed off-highway vehicle facilities to the division for review and approval.

Legislative Review Note
    as of 1-21-99 10:48 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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