This document includes House Floor Amendments incorporated into the bill on Tue, Feb 2, 2021 at 12:05 PM by lfindlay.
1     
OFF-HIGHWAY VEHICLE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Derrin R. Owens

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the operation of off-highway vehicles.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows an individual under 18 years old to operate an off-highway vehicle under
13     certain conditions; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-22-30, as last amended by Laws of Utah 2017, Chapter 38
22     REPEALS:
23          41-22-29, as last amended by Laws of Utah 2017, Chapter 38
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 41-22-30 is amended to read:
27          41-22-30. Supervision, safety certificate, or driver license required -- Penalty.
28          (1) As used in this section, "direct supervision" means oversight at a distance:
29          (a) of no more than 300 feet; and
30          (b) within which:
31          (i) visual contact is maintained; and
32          (ii) advice and assistance can be given and received.
33          (2) A person may not operate and an owner may not give that person permission to
34     operate an off-highway vehicle on any public land, trail, street, or highway of this state unless
35     the person:
36          (a) is able to reach and operate each control necessary to safely operate the off-highway
37     vehicle;
38          [(a)] (b) (i) is under the direct supervision of an off-highway vehicle safety instructor
39     during a scheduled safety training course approved by the board [pursuant to] in accordance
40     with Section 41-22-32 ;
41          [(b) (i) has in the person's possession the appropriate]
42          (ii) possesses a safety certificate issued or approved by the division[; and] in
43     accordance with Section 41-22-31; or
44          (iii) possesses a valid license to operate a motor vehicle issued in accordance with Title
45     53, Chapter 3. Uniform Driver License Act; and
46          [(ii)] (c) [if under 18 years of age,] is under the direct supervision of a person who is at
47     least 18 years [of age] old if the person operating the off-highway vehicle:
48          (i) is under 18 years old;
49          (ii) does not possess a valid license to operate a motor vehicle issued in accordance
50     with Title 53, Chapter 3, Uniform Driver License Act; and
51          (iii) is operating the off-highway vehicle on a public highway that is:
52          (A) open to motor vehicles; and
53          (B) not exclusively reserved for off-highway vehicle use[; or].
54          [(c) has in the person's immediate possession a valid motor vehicle operator's license,
55     as provided in Title 53, Chapter 3, Uniform Driver License Act.]
56          (3) (a) A person convicted of a violation of this section is guilty of an infraction and
57     shall be fined not more than $100 per offense.
58          (b) It is a defense to a charge under this section, if the person charged:
59          (i) produces in court a license or [an appropriate] safety certificate described in
60     Subsection (2)(b) that was:
61          (A) valid at the time of the citation or arrest; and
62          (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 at the time of citation or arrest.
65          (4) The requirements of this section do not apply to an operator of an off-highway
66     implement of husbandry.
66a          Ĥ→ (5) Nothing in this section allows an individual without a valid driver license issued
66b     in accordance with Title 53, Chapter 3, Uniform Driver License Act, to operate a street-legal
66c     all-terrain vehicle on a roadway. ←Ĥ
67          Section 2. Repealer.
68          This bill repeals:
69          Section 41-22-29, Operation by persons under eight years of age prohibited --
70     Definitions -- Exception -- Penalty.