H.B. 68

This document includes House Floor Amendments incorporated into the bill on Fri, Feb 11, 2011 at 2:28 PM by jeyring. --> 1

OFF-HIGHWAY VEHICLE OPERATOR RESPONSIBILITIES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael E. Noel
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Off-Highway Vehicles Code by enacting provisions relating to
10 off-highway vehicle operator responsibilities.
11 Highlighted Provisions:
12 This bill:
13 . provides that an off-highway vehicle operator H. who is 18 years of age or older .H
13a shall H. [ :
14 . ] .H accept H. [ all ] .H legal responsibility for injury or damage of any kind to
14a the extent that
15 the injury or damage results from risks inherent in the sport of off-highway
16 vehicle use; and
17 H. [ . ] . requires an operator of an off-highway vehicle to .H regulate personal conduct
17a at all times so that injury to self or other persons or
18 property that results from the risks inherent in the sport of off-highway vehicle
19 operation is avoided;
20 . provides that an off-highway vehicle operator is responsible for:
21 . knowing the range of the operator's ability to navigate any slope, trail, or area
22 for off-highway vehicle use, taking into consideration the conditions;
23 . maintaining control of speed and course at all times while operating the
24 off-highway vehicle;
25 . heeding all posted warnings; and
26 . refraining from acting in a manner that may cause or contribute to the injury of
27 anyone; and

28 . provides that these provisions do not affect certain products liability causes of
29 action H. [ . ] ;
29a . provides that these provisions do not affect a passenger's cause of action or
29b ability to recover for injuries; and
29c . provides that these provisions do not affect an off-highway vehicle owner's
29d liability for negligent entrustment. .H
30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 ENACTS:
36 41-22-37, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 41-22-37 is enacted to read:
40 41-22-37. Off-highway vehicle responsibilities.
41 (1) (a) An off-highway vehicle operator H. who is 18 years of age or older .H
41a shall H. [ :
42 (i) ] .H accept H. [ all ] .H legal responsibility for injury or damage of any kind
42a to the extent that the
43 injury or damage results from risks inherent in the sport of off-highway vehicle use H. [ ; and ] .
44 [ (ii) ] (2)(a) An off-highway vehicle operator shall .H regulate personal conduct at all
44a times so that injury to self or other persons or
45 property that results from the risks inherent in the sport of off-highway vehicle operation is
46 avoided.
47 (b) Risks inherent in the sport of off-highway vehicle operation under Subsection (1)
48 include:
49 (i) variations in terrain;
50 (ii) surface or subsurface conditions;
51 (iii) crevices;
52 (iv) ravines;
53 (v) streams;
54 (vi) poor visibility;
55 (vii) rocks;
56 (viii) trees;
57 (ix) other forms of forest growth or debris; and
58 (x) any other natural hazard.

59 (2) An off-highway vehicle operator is responsible for:
60 (a) knowing the range of the operator's ability to navigate any slope, trail, or area for
61 off-highway vehicle use, taking into consideration the conditions;
62 (b) maintaining control of speed and course at all times while operating the
63 off-highway vehicle;
64 (c) heeding all posted warnings; and
65 (d) refraining from acting in a manner that may cause or contribute to the injury of any
66 person.
67 (3) The provisions of this section do not affect a products liability cause of action
68 based upon H. [ the ] proper warning, .H design H. , .H or manufacture of off-highway
68a equipment or products or safety
69 equipment used incidental to the operation of an off-highway vehicle.
69a H. (4) The provisions of this section do not affect a passenger's cause of action or ability to
69b recover for injuries.
69c (5) The provisions of this section do not affect an off-highway vehicle owner's liability
69d for negligent entrustment. .H




Legislative Review Note
as of 12-15-10 12:03 PM

Office of Legislative Research and General Counsel