H.B. 355

1

OFF-HIGHWAY VEHICLE AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brad L. Dee
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions related to
10 off-highway vehicles.
11 Highlighted Provisions:
12 This bill:
13 . defines "direct supervision";
14 . requires that a person operating an off-highway vehicle with an appropriate safety
15 certificate issued or approved by the Division of Parks and Recreation shall be
16 under the direct supervision of a person who is at least 18 years of age;
17 . changes the penalty for violating the off-highway vehicle supervision, safety
18 certificate, or driver license operating requirement from an infraction to a class C
19 misdemeanor;
20 . requires an operator of an off-highway vehicle involved in an accident to give notice
21 of the accident to the nearest law enforcement agency in certain circumstances;
22 . provides that it is a class B misdemeanor to not give required notice of an
23 off-highway vehicle accident;
24 . provides that an owner of an off-highway vehicle permitting a person younger than
25 18 to operate the off-highway vehicle, or a person who gives or furnishes an
26 off-highway vehicle to a person younger than 18, is liable for any damages caused
27 by the negligent operation of the off-highway vehicle; and

28 . makes technical changes.
29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 41-22-30, as last amended by Chapter 349, Laws of Utah 2004
36 ENACTS:
37 41-22-37, Utah Code Annotated 1953
38 41-22-38, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 41-22-30 is amended to read:
42 41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
43 (1) As used in this section, "direct supervision" means oversight at a distance:
44 (a) of no more than 300 feet; and
45 (b) within which:
46 (i) visual contact is maintained; and
47 (ii) advice and assistance can be given and received.
48 [(1)] (2) A person may not operate and an owner may not give that person permission
49 to operate an off-highway vehicle on any public land, trail, street, or highway of this state
50 unless the person:
51 (a) is under the direct supervision of a certified off-highway vehicle safety instructor
52 during a scheduled safety training course;
53 (b) has in his possession the appropriate safety certificate issued or approved by the
54 division and is under the direct supervision of a person who is at least 18 years of age; or
55 (c) has in his immediate possession a valid motor vehicle operator's license, as
56 provided in Title 53, Chapter 3, Uniform Driver License Act.
57 [(2)] (3) (a) Any person convicted of a violation of this section is guilty of [an
58 infraction and shall be fined not more than $50 per offense] a class C misdemeanor.

59 (b) It is a defense to a charge under this section, if the person charged:
60 (i) produces in court a license or an appropriate safety certificate that was:
61 [(i)] (A) valid at the time of the citation or arrest; and
62 [(ii)] (B) issued to the person operating the off-highway vehicle[.]; and
63 (ii) can show that the direct supervision requirement under Subsection (2)(b) was not
64 violated.
65 [(3)] (4) The requirements of this section do not apply to an operator of an all-terrain
66 type I vehicle with a properly displayed and current off-highway implement of husbandry
67 sticker.
68 Section 2. Section 41-22-37 is enacted to read:
69 41-22-37. Accidents involving off-highway vehicles.
70 (1) The operator of an off-highway vehicle involved in an accident shall immediately
71 and by the quickest means of communication available give notice or cause to give notice of
72 the accident to the nearest law enforcement agency if the accident resulted in:
73 (a) injury requiring medical attention or death of any person;
74 (b) property damage to the operator's property in excess of $1,000; or
75 (c) property damage of any kind to the property of another.
76 (2) Failure to give notice as required by this section is a class B misdemeanor.
77 (3) The provisions of Section 41-6a-402 apply to accidents reported under this section.
78 Section 3. Section 41-22-38 is enacted to read:
79 41-22-38. Owner giving permission and minor liable for damages caused by
80 minor operating off-highway vehicle.
81 The owner of an off-highway vehicle causing or knowingly permitting a person younger
82 than 18 years of age to operate the off-highway vehicle on any public land, trail, street, or
83 highway of this state, or a person who gives or furnishes an off-highway vehicle to a person
84 younger than 18 years of age, are each jointly and severally liable with the person younger than
85 18 years of age for any damages caused by the negligence of the person younger than 18 years
86 of age in operating the off-highway vehicle.

Legislative Review Note
as of 1-16-06 2:27 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel