1     
OFF-HIGHWAY VEHICLE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
Senate Sponsor: Kevin T. Van Tassell

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions of the Motor Vehicle Code relating to off-highway
10     vehicles.
11     Highlighted Provisions:
12          This bill:
13          ▸      modifies provisions relating to off-highway vehicles and safety requirements;
14          ▸     modifies provisions relating to safety courses; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          41-22-2, as last amended by Laws of Utah 2014, Chapter 229
23          41-22-29, as last amended by Laws of Utah 2008, Chapter 382
24          41-22-30, as last amended by Laws of Utah 2008, Chapter 79
25          41-22-31, as last amended by Laws of Utah 2008, Chapter 382
26          41-22-33, as last amended by Laws of Utah 2009, Chapter 183
27     REPEALS AND REENACTS:
28          41-22-32, as last amended by Laws of Utah 2005, Chapter 2
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 41-22-2 is amended to read:
32          41-22-2. Definitions.
33          As used in this chapter:
34          (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
35     the Board of Parks and Recreation.
36          (2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
37     having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
38     tires, having a seat designed to be straddled by the operator, and designed for or capable of
39     travel over unimproved terrain.
40          (3) (a) "All-terrain type II vehicle" means any other motor vehicle, not defined in
41     Subsection (2), (11), or (22), designed for or capable of travel over unimproved terrain.
42          (b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
43     carry a person with a disability, any vehicle not specifically designed for recreational use, or
44     farm tractors as defined under Section 41-1a-102.
45          (4) "Board" means the Board of Parks and Recreation.
46          (5) "Cross-country" means across natural terrain and off an existing highway, road,
47     route, or trail.
48          (6) "Dealer" means a person engaged in the business of selling off-highway vehicles at
49     wholesale or retail.
50          (7) "Division" means the Division of Parks and Recreation.
51          (8) "Low pressure tire" means any pneumatic tire six inches or more in width designed
52     for use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure of
53     10 pounds per square inch or less as recommended by the vehicle manufacturer.
54          (9) "Manufacturer" means a person engaged in the business of manufacturing
55     off-highway vehicles.
56          (10) "Motorcycle" means every motor vehicle having a saddle for the use of the
57     operator and designed to travel on not more than two tires.
58          (11) (a) "Motor vehicle" means every vehicle which is self-propelled.
59          (b) "Motor vehicle" includes an off-highway vehicle.
60          (12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
61      all-terrain type II vehicle, motorcycle, or snowmobile that is used by the owner or the owner's
62     agent for agricultural operations.
63          (13) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
64     all-terrain type II vehicle, or motorcycle.
65          (14) "Operate" means to control the movement of or otherwise use an off-highway
66     vehicle.
67          (15) "Operator" means the person who is in actual physical control of an off-highway
68     vehicle.
69          (16) "Organized user group" means an off-highway vehicle organization incorporated
70     as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
71     Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
72          (17) "Owner" means a person, other than a person with a security interest, having a
73     property interest or title to an off-highway vehicle and entitled to the use and possession of that
74     vehicle.
75          (18) "Public land" means land owned or administered by any federal or state agency or
76     any political subdivision of the state.
77          (19) "Register" means the act of assigning a registration number to an off-highway
78     vehicle.
79          (20) "Roadway" is used as defined in Section 41-6a-102.
80          (21) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
81     steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
82          [(23)] (22) "Street-legal all-terrain vehicle" or "street-legal ATV" has the same
83     meaning as defined in Section 41-6a-102.
84          [(22)] (23) "Street or highway" means the entire width between boundary lines of every
85     way or place of whatever nature, when any part of it is open to the use of the public for
86     vehicular travel.
87          Section 2. Section 41-22-29 is amended to read:
88          41-22-29. Operation by persons under eight years of age prohibited -- Definitions
89     -- Exception -- Penalty.
90          (1) As used in this section:
91          (a) "Organized practice" means a scheduled [motorcycle] off-highway vehicle practice
92     held in an off-road vehicle facility designated by the division and conducted by an organization
93     carrying liability insurance in at least the amounts specified by the division under Subsection
94     (5) covering all activities associated with the practice.
95          (b) "Sanctioned race" means [a motorcycle] an off-highway vehicle race conducted on
96     a closed course and sponsored and sanctioned by an organization carrying liability insurance in
97     at least the amounts specified by the division under Subsection (5) covering all activities
98     associated with the race.
99          (2) Except as provided under Subsection (3), a person under eight years of age may not
100     operate and an owner may not give another person who is under eight years of age permission
101     to operate an off-highway vehicle on any public land, trail, street, or highway of this state.
102          (3) A child under eight years of age may participate in a sanctioned race or organized
103     practice if:
104          (a) the child is under the [immediate] direct supervision of an adult as described in
105     Subsection 41-22-30(1) ; and
106          (b) emergency medical service personnel, as defined in Section 26-8a-102, are on the
107     premises and immediately available to provide assistance at all times during the sanctioned
108     race or organized practice[; and].
109          [(c) an ambulance provider, as defined in Section 26-8a-102, is on the premises and
110     immediately available to provide assistance for a sanctioned race.]
111          (4) Any person convicted of a violation of this section is guilty of an infraction and
112     shall be fined not more than $50 per offense.
113          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
114     division shall make rules specifying the minimum amounts of liability coverage for an
115     organized practice or sanctioned race.
116          Section 3. Section 41-22-30 is amended to read:
117          41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
118          (1) As used in this section, "direct supervision" means oversight at a distance:
119          (a) of no more than 300 feet; and
120          (b) within which:
121          (i) visual contact is maintained; and
122          (ii) advice and assistance can be given and received.
123          (2) A person may not operate and an owner may not give that person permission to
124     operate an off-highway vehicle on any public land, trail, street, or highway of this state unless
125     the person:
126          (a) is under the direct supervision of [a certified] an off-highway vehicle safety
127     instructor during a scheduled safety training course approved by the board pursuant to Section
128     41-22-32 ;
129          (b) (i) has in the person's possession the appropriate safety certificate issued or
130     approved by the division; and
131          (ii) if under 18 years of age, is under the direct supervision of a person who is at least
132     18 years of age if operating on a public highway that is:
133          (A) open to motor vehicles; and
134          (B) not exclusively reserved for off-highway vehicle use; or
135          (c) has in the person's immediate possession a valid motor vehicle operator's license, as
136     provided in Title 53, Chapter 3, Uniform Driver License Act.
137          (3) (a) A person convicted of a violation of this section is guilty of an infraction and
138     shall be fined not more than $100 per offense.
139          (b) It is a defense to a charge under this section, if the person charged:
140          (i) produces in court a license or an appropriate safety certificate that was:
141          (A) valid at the time of the citation or arrest; and
142          (B) issued to the person operating the off-highway vehicle; and
143          (ii) can show that the direct supervision requirement under Subsection (2)(b) was not
144     violated at the time of citation or arrest.
145          (4) The requirements of this section do not apply to an operator of an off-highway
146     implement of husbandry.
147          Section 4. Section 41-22-31 is amended to read:
148          41-22-31. Board to set standards for safety program -- Safety certificates issued --
149     Cooperation with public and private entities -- State immunity from suit.
150          (1) [The] (a) In accordance with Title 63G, Chapter 3, Utah Administrative
151     Rulemaking Act, the board shall make rules that establish curriculum standards for a
152     comprehensive off-highway vehicle safety education and training program and shall implement
153     this program.
154          [(a)] (b) The program shall be designed to develop and instill the knowledge, attitudes,
155     habits, and skills necessary for the safe operation of an off-highway vehicle.
156          [(b)] (c) Components of the program shall include the preparation and dissemination of
157     off-highway vehicle information and safety advice to the public and the training of off-highway
158     vehicle operators.
159          [(c)] (d) Off-highway vehicle safety certificates shall be issued to those who
160     successfully complete training or pass the knowledge and skills test established under the
161     program.
162          (2) The division shall cooperate with appropriate private organizations and
163     associations, private and public corporations, and local government units to implement the
164     program established under this section.
165          (3) In addition to the governmental immunity granted in Title 63G, Chapter 7,
166     Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
167     act, in any capacity relating to the off-highway vehicle safety education and training program.
168     The state is also not responsible for any insufficiency or inadequacy in the quality of training
169     provided by this program.
170          Section 5. Section 41-22-32 is repealed and reenacted to read:
171          41-22-32. Approval of safety courses.
172          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
173     division may make rules that establish standards for an off-highway vehicle safety course for
174     instruction on the safe operation of an off-highway vehicle.
175          (2) If a private organization meets the standards set by the division under Subsection
176     (1), the division shall approve the off-highway safety course as compliant with the standards
177     and purposes of this chapter.
178          Section 6. Section 41-22-33 is amended to read:
179          41-22-33. Fees for safety and education program -- Penalty -- Unlawful acts.
180          (1) [(a)] A fee set by the board in accordance with Section 63J-1-504 shall be added to
181     the registration fee required to register an off-highway vehicle under Section 41-22-8 to help
182     fund the off-highway vehicle safety and education program.
183          [(b) The division may also collect a fee set by the board in accordance with Section
184     63J-1-504 from each person who:]
185          [(i) receives the training and takes the knowledge and skills test for off-highway
186     vehicle use; or]
187          [(ii) takes the knowledge and skills test for off-highway vehicle use.]
188          [(c)] (2) If the board modifies the fee under Subsection (1)[(a)], the modification shall
189     take effect on the first day of the calendar quarter after 90 days from the day on which the
190     board provides the State Tax Commission:
191          [(i)] (a) notice from the board stating that the board will modify the fee; and
192          [(ii)] (b) a copy of the fee modification.
193          [(2) (a) To help defray instructors' costs, the division may reimburse volunteer certified
194     off-highway vehicle safety instructors up to $6 for each student who receives the training and
195     takes the knowledge and skills test.]
196          [(b) On or before the 10th day of each calendar month, volunteer off-highway vehicle
197     safety instructors shall report to the division all fees collected and students trained and shall
198     accompany the report with all money received for off-highway vehicle training.]
199          [(c) If a volunteer off-highway vehicle safety instructor intentionally or negligently
200     fails to pay the amount due, the division may assess a penalty of 20% of the amount due. All
201     delinquent payments shall bear interest at the rate of 1% per month. If the amount due is not
202     paid because of bad faith or fraud, the division shall assess a penalty of 100% of the total due
203     together with interest.]
204          [(d) All fees collected from students shall be kept separate and apart from private funds
205     of the instructor and shall at all times belong to the state. In case of an assignment for the
206     benefit of creditors, receivership, or bankruptcy, the state shall have a preferred claim against
207     the instructor, receiver, or trustee for all money owing the state for training and shall not be
208     stopped from asserting the claim by reason of commingling of funds or otherwise.]
209          [(e) A person may not:]
210          [(i) willfully misdate an off-highway vehicle education safety certificate;]
211          [(ii) issue an incomplete certificate; or]
212          [(iii) issue a receipt in lieu of a certificate.]