Download Zipped Amended WordPerfect HB0321.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 321
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 7, 2007 at 12:48 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 23, 2007 at 10:09 AM by jeyring. --> 1
2
3
4
5
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 . H. [
17a supervision, safety
18 certificate, or driver license operating requirement from H. [
19 misdemeanor
20 . requires an operator of a moving off-highway vehicle involved in an accident on
21 any public land, trail, street, or highway to give notice of the accident to the nearest
22 law enforcement agency in certain circumstances;
22a H. . provides an exception to the off-highway vehicle accident notice
22b requirement; .H
23 . provides that it is a class C misdemeanor to not give the required notice of an
24 off-highway vehicle accident; H. and .H
25 H. [
26 18 years of age to operate the off-highway vehicle, or a person who gives or
27 furnishes an off-highway vehicle to a person younger than 18, is liable for any
28 damages caused by the negligent operation of the off-highway vehicle; and ] .H
29 . makes technical changes.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 41-22-30, as last amended by Chapter 349, Laws of Utah 2004
37 ENACTS:
38 41-22-37, Utah Code Annotated 1953
39 H. [
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 41-22-30 is amended to read:
43 41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
44 (1) As used in this section, "direct supervision" means oversight at a distance:
45 (a) of no more than 300 feet; and
46 (b) within which:
47 (i) visual contact is maintained; and
48 (ii) advice and assistance can be given and received.
49 [
50 to operate an off-highway vehicle on any public land, trail, street, or highway of this state
51 unless the person:
52 (a) is under the direct supervision of a certified off-highway vehicle safety instructor
53 during a scheduled safety training course;
54 (b) (i) has in [
55 approved by the division; [
56 (ii) is under the direct supervision of a person who is at least 18 years of age if
57 operating on a public highway that is:
58 (A) open to motor vehicles; and
59 (B) not exclusively reserved for off-highway vehicle use; or
60 (c) has in [
61 license, as provided in Title 53, Chapter 3, Uniform Driver License Act.
62 [
62a H. [
63 infraction and shall be fined not more than [
63a misdemeanor
64 (b) It is a defense to a charge under this section, if the person charged:
65 (i) produces in court a license or an appropriate safety certificate that was:
66 [
67 [
68 (ii) can show that the direct supervision requirement under Subsection (2)(b) was not
69 violated.
70 [
71 type I vehicle with a properly displayed and current
72 H. [
73 Section 2. Section 41-22-37 is enacted to read:
74 41-22-37. Accidents involving off-highway vehicles.
75 (1) The operator of an off-highway vehicle involved in an accident on any public land,
76 trail, street, or highway of this state shall by the quickest means of communication available
77 give notice or cause to give notice of the accident to the nearest law enforcement agency if the
78 accident resulted in:
79 (a) injury requiring emergency or urgent medical attention or death of any person; or
80 (b) property damage of any kind to the property of another, unless the owner of the
81 damaged property agrees not to report.
82 (2) Failure to give notice as required by this section is a class C misdemeanor.
83 (3) The provisions of Section 41-6a-402 apply to accidents reported under this section.
83a H. (4) The requirements of this section do not apply to an operator of an off-highway
83b implement of husbandry if the off-highway implement of husbandry is being operated on
83c public lands or designated trails.
84 [
85 41-22-38. Owner giving permission and minor liable for damages caused by
86 minor operating off-highway vehicle.
87 The owner of an off-highway vehicle causing or knowingly permitting a person younger
88 than 18 years of age to operate the off-highway vehicle on any public land, trail, street, or
89 highway of this state, or a person who gives or furnishes an off-highway vehicle to a person
90 younger than 18 years of age, are each jointly and severally liable with the person younger than
91 18 years of age for any damages caused by the negligence of the person younger than 18 years
92 of age in operating the off-highway vehicle. ] .H
Legislative Review Note
as of 1-22-07 11:24 AM