S.B. 166 Enrolled

OFF-HIGHWAY VEHICLE REGISTRATION
PROVISIONS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Thomas V. Hatch

LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code to amend off-highway vehicle registration
provisions.
Highlighted Provisions:
This bill:
. requires the Motor Vehicle Division to assign an off-highway vehicle registration
number to each registered off-highway vehicle;
. requires the owner of an off-highway vehicle to affix and display the off-highway
vehicle registration number assigned by the Motor Vehicle Division;
. provides requirements for readability and display of off-highway vehicle registration
numbers and registration stickers;
. requires a registered off-highway vehicle to have a registration sticker that uniquely
identifies the off-highway vehicle;
. requires replacement of lost or illegible off-highway vehicle registration stickers;
. prohibits a person from altering or defacing a registration sticker, registration card,
permit, or off-highway vehicle registration number issued for an off-highway vehicle;
. requires the replacement of a lost, stolen, or illegible registration sticker issued for
an off-highway vehicle;
. repeals provisions making a violation of off-highway vehicle related rules made by
the Board of Parks and Recreation a class C misdemeanor;
. allows a county as well as a municipality to adopt ordinances for certain off-highway
vehicle operators;

. clarifies provisions related to designating and posting areas and highways open to
off-highway vehicle use; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on January 1, 2005.
Utah Code Sections Affected:
AMENDS:
41-22-3, as last amended by Chapter 23, Laws of Utah 2001
41-22-4, as last amended by Chapter 1, Laws of Utah 1986, Second Special Session
41-22-7, as last amended by Chapter 1, Laws of Utah 1986, Second Special Session
41-22-8, as last amended by Chapter 163, Laws of Utah 1987
41-22-10.5, as last amended by Chapter 230, Laws of Utah 2000
41-22-17, as last amended by Chapter 241, Laws of Utah 1991
ENACTS:
41-22-3.1, Utah Code Annotated 1953
41-22-5.1, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-22-3 is amended to read:
41-22-3. Registration of vehicles -- Application -- Issuance of sticker and card --
Proof of property tax payment -- Records.
(1) (a) Unless exempted under Section 41-22-9 , a person may not operate or transport
and an owner may not give another person permission to operate or transport any off-highway
vehicle on any public land, trail, street, or highway in this state unless the off-highway vehicle [has
been] is registered under this chapter for the current year.
(b) Unless exempted under Section 41-22-9 , a dealer may not sell an off-highway vehicle

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which can be used or transported on any public land, trail, street, or highway in this state, unless
[it has been] the off-highway vehicle is registered or is in the process of being registered under
this chapter for the current year.
(2) The owner of [any] an off-highway vehicle [requiring] subject to registration under
this chapter shall [file an application for registration with] apply to the Motor Vehicle Division for
registration on forms approved by [it] the Motor Vehicle Division.
(3) Each application for registration of an off-highway vehicle shall be accompanied by:
(a) evidence of ownership, a title, or a manufacturer's certificate of origin, and a bill of
sale showing ownership, make, model, horsepower or displacement, and serial number;
(b) the past [certificate of] registration card; or
(c) the fee for a duplicate.
(4) (a) Upon each annual registration, the Motor Vehicle Division shall issue [numbered
stickers to be affixed to the vehicles as prescribed by the board] a registration sticker and a
registration card[, which shall be available for inspection on the vehicle at all times] for each
off-highway vehicle registered.
(b) The registration sticker shall:
(i) contain a unique number using numbers, letters, or combination of numbers and letters
to identify the off-highway vehicle for which it is issued;
(ii) be affixed to the off-highway vehicle for which it is issued in a plainly visible position
as prescribed by rule of the board under Section 41-22-5.1 ; and
(iii) be maintained free of foreign materials and in a condition to be clearly legible.
(c) At all times, a registration card shall be kept with the off-highway vehicle and shall be
available for inspection by a law enforcement officer.
(5) (a) [The Motor Vehicle Division, before issuing] An applicant for a registration card
and registration [stickers, shall require from each applicant] sticker shall provide the Motor
Vehicle Division a certificate, described under Subsection (5)(b), from the county assessor of the
county in which the off-highway vehicle has situs for taxation.
(b) The certificate required under Subsection (5)(a) shall state one of the following:

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[(a)] (i) the property tax on the off-highway vehicle for the current year has been paid;
[(b)] (ii) in the county assessor's opinion, the tax is a lien on real property sufficient to
secure the payment of the tax; or
[(c)] (iii) the off-highway vehicle is exempt by law from payment of property tax for the
current year.
(6) (a) All records of the division made or kept [pursuant to] under this section shall be
classified by the Motor Vehicle Division in the same manner as motor vehicle records are
classified under Section 41-1a-116 .
(b) Division records are available for inspection in the same manner as motor vehicle
records [pursuant to] under Section 41-1a-116 .
Section 2. Section 41-22-3.1 is enacted to read:
41-22-3.1. Off-highway vehicle registration number -- Assignment -- Display.
(1) Beginning on January 1, 2005, the Motor Vehicle Division shall assign an off-highway
vehicle registration number to each off-highway vehicle registered under Section 41-22-3 .
(2) The off-highway vehicle registration number shall be:
(a) a unique number using numbers, letters, or combination of numbers and letters to
identify the off-highway vehicle;
(b) assigned to the off-highway vehicle for the useful life of the off-highway vehicle or
until the ownership of the off-highway vehicle changes, whichever occurs first;
(c) assigned by the Motor Vehicle Division in consultation with the division; and
(d) printed on the registration card.
(3) The owner of an off-highway vehicle shall:
(a) affix and display the off-highway vehicle registration number assigned under
Subsection (1) on the off-highway vehicle in a manner that is plainly visible from a distance of at
least 50 feet during daylight by position, size, and color as prescribed by rule of the board under
Section 41-22-5.1 ; and
(b) maintain the off-highway vehicle registration number in a condition that is free of
foreign materials and clearly legible.

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Section 3. Section 41-22-4 is amended to read:
41-22-4. Falsification of documents unlawful -- Alteration or removal of serial
number unlawful -- Display of sticker.
[(1) No person may] A person may not:
(1) knowingly falsify an application for registration, affidavit of ownership, or bill of sale
for any off-highway vehicle[. (2) No person may];
(2) alter, deface, or remove any manufacturer's serial number on any off-highway vehicle[.
(3) No person may];
(3) use or permit the use or display of any registration sticker, registration card, [or]
permit, or off-highway vehicle registration number upon an off-highway vehicle or in the
operation of any off-highway vehicle other than the vehicle for which it was issued or assigned; or
(4) alter or deface a registration sticker, registration card, permit, or off-highway vehicle
registration number issued or assigned to an off-highway vehicle.
Section 4. Section 41-22-5.1 is enacted to read:
41-22-5.1. Rules of board relating to display of registration stickers.
In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the board
shall make rules for the display of:
(1) a registration sticker on an off-highway vehicle in accordance with Section 41-22-3 ;
and
(2) an off-highway vehicle registration number in accordance with Section 41-22-3.1 .
Section 5. Section 41-22-7 is amended to read:
41-22-7. Duplicate registration cards and registration stickers.
(1) If a [certificate of] registration card is lost or destroyed, or if an owner changes [his]
the owner's address from [that] the address shown on [his certificate of] the owner's registration
card, the owner shall, within 15 days, apply for a duplicate [certificate] registration card.
(2) If a registration sticker is lost, stolen, or becomes illegible, the owner of the
off-highway vehicle shall immediately apply for and obtain a replacement registration sticker.
Section 6. Section 41-22-8 is amended to read:

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41-22-8. Registration fees.
(1) The board shall establish the fees which shall be paid in accordance with this chapter,
subject to the following:
[(1)] (a) The fee for each registration may not exceed $10.
[(2)] (b) The fee for each duplicate [certificate of] registration card may not exceed $2.
[(3)] (c) The fee for each duplicate [numbered stickers] registration sticker may not
exceed $4.
[(4)] (2) [No] A fee may not be charged for an off-highway [vehicles which are] vehicle
that is owned and operated by the United States Government, this state, or its political
subdivisions.
Section 7. Section 41-22-10.5 is amended to read:
41-22-10.5. Local ordinances -- Designating routes -- Supervision.
(1) A municipality or county may adopt ordinances designating certain streets and
highways under its respective jurisdiction as off-highway vehicle routes [for the specific purpose
of allowing] to allow off-highway vehicle operators to gain direct access to or from a private or
public area open for off-highway vehicle use.
(2) A municipality or a county may adopt an ordinance requiring an operator who is
under 16 years of age to be under the direct visual supervision of an adult who is at least 18 years
of age while using a route designated under Subsection (1).
(3) A route designated under Subsection (1) may not be along, across, or within the
boundaries of an interstate freeway or limited access highway.
(4) [A] Except as provided under Section 41-22-10.3 , a person may not operate an
off-highway vehicle on any street or highway [for any other purpose than to gain direct access to
or from a private or public area] that is not designated or posted as open for off-highway vehicle
use in accordance with Subsection (1) or Section 41-22-10.1 .
(5) Subsection (4) does not apply to off-highway implements of husbandry used in
accordance with Section 41-22-5.5 .
Section 8. Section 41-22-17 is amended to read:

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41-22-17. Penalties for violations.
(1) [Unless another penalty is provided for in this chapter or elsewhere in the laws of this
state, any person who violates any provision of this chapter or the rules promulgated under this
chapter, upon conviction,] Except as otherwise provided, a person who violates the provisions of
this chapter is guilty of a class C misdemeanor.
(2) The division may revoke or suspend the registration of any off-highway vehicle whose
application for registration has been falsified. The owner shall surrender to the division, within 15
days of suspension or revocation, [any] the suspended or revoked [certificate of] registration card
and [stickers] registration sticker.
Section 9. Effective date.
This bill takes effect on January 1, 2005.

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