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8 LONG TITLE
9 General Description:
10 This bill allows an individual to show proof of registration and insurance for certain
11 vehicles through digital means and requires certain vehicles to be added to the
12 Uninsured Motorist Identification Database Program.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms and amends certain definitions;
16 ▸ provides the option for an individual to display the vehicle registration card for an
17 off-highway vehicle through digital means;
18 ▸ provides the option for an individual to display proof of insurance for a boat through
19 digital means;
20 ▸ requires certain motorboats and street-legal all-terrain vehicles to pay the uninsured
21 motorist identification fee, the same as other motor vehicles;
22 ▸ requires the Uninsured Motorist Identification Database Program to include
23 street-legal all-terrain vehicles and motorboats;
24 ▸ includes a street-legal all-terrain vehicle in the definition of a motor vehicle for
25 purposes of motor vehicle insurance provisions, including required coverage; and
26 ▸ makes technical changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 AMENDS:
33 31A-22-301, as last amended by Laws of Utah 2021, Chapter 245
34 31A-22-315, as last amended by Laws of Utah 2008, Chapter 382
35 41-1a-1218, as last amended by Laws of Utah 2023, Chapter 33
36 41-1a-1220, as last amended by Laws of Utah 2008, Chapter 322
37 41-6a-102, as last amended by Laws of Utah 2023, Chapters 219, 532
38 41-12a-103, as last amended by Laws of Utah 2008, Chapter 371
39 41-12a-303.2, as last amended by Laws of Utah 2018, Chapters 30, 160
40 41-12a-802, as last amended by Laws of Utah 1998, Chapter 36
41 41-12a-803, as last amended by Laws of Utah 2012, Chapters 243, 347 and 347
42 41-12a-804, as last amended by Laws of Utah 2013, Chapter 138
43 41-12a-805, as last amended by Laws of Utah 2012, Chapter 243
44 41-22-3, as last amended by Laws of Utah 2023, Chapters 11, 64
45 73-18-13.5, as last amended by Laws of Utah 2022, Chapter 68
46 73-18c-304, as last amended by Laws of Utah 2015, Chapter 412
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 31A-22-301 is amended to read:
50 31A-22-301. Definitions.
51 As used in this part:
52 (1) (a) "Motor vehicle" means the same as that term is defined in Section 41-6a-102.
53 (b) For purposes of this chapter, "motor vehicle" includes a street-legal all-terrain
54 vehicle.
55 (2) "Motor vehicle business" means a motor vehicle sales agency, repair shop, service
56 station, storage garage, or public parking place.
57 (3) "Motor vehicle liability policy" means a policy which satisfies the requirements of
58 Sections 31A-22-303 and 31A-22-304.
59 (4) "Motorboat" means the same as that term is defined in Section 73-18c-102.
60 [
61 or being engaged in the immediate acts of entering, boarding, or alighting from a motor
62 vehicle.
63 [
64 41-12a-103(7).
65 [
66 [
67 (9) "Street-legal all-terrain vehicle" means the same as that term is define in Section
68 41-6a-102.
69 Section 2. Section 31A-22-315 is amended to read:
70 31A-22-315. Motor vehicle insurance reporting -- Penalty.
71 (1) (a) As used in this section, "commercial motor vehicle insurance coverage" means
72 an insurance policy that:
73 (i) includes motor vehicle liability coverage, uninsured motorist coverage,
74 underinsured motorist coverage, or personal injury coverage; and
75 (ii) is defined by the department.
76 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
77 department shall make rules defining commercial motor vehicle insurance coverage.
78 (2) (a) Except as provided in Subsections (2)(b) and (c), each insurer that issues a
79 policy that includes motor vehicle liability coverage, uninsured motorist coverage,
80 underinsured motorist coverage, or personal injury coverage under this part shall before the
81 seventh and twenty-first day of each calendar month provide to the Department of Public
82 Safety's designated agent selected in accordance with Title 41, Chapter 12a, Part 8, Uninsured
83 Motorist Identification Database Program, a record of each motor vehicle or motorboat
84 insurance policy in effect for vehicles registered or garaged in Utah as of the previous
85 submission that was issued by the insurer.
86 (b) Each insurer that issues commercial motor vehicle insurance coverage shall before
87 the seventh day of each calendar month provide to the Department of Public Safety's
88 designated agent selected in accordance with Title 41, Chapter 12a, Part 8, Uninsured Motorist
89 Identification Database Program, a record of each commercial motor vehicle insurance policy
90 in effect for vehicles registered or garaged in Utah as of the previous month that was issued by
91 the insurer.
92 (c) An insurer that issues a policy that includes motor vehicle liability coverage,
93 uninsured motorist coverage, underinsured motorist coverage, or personal injury coverage
94 under this part is not required to provide a record of a motor vehicle insurance policy in effect
95 for a vehicle to the Department of Public Safety's designated agent under Subsection (2)(a) or
96 (b) if the policy covers a vehicle that is registered under Section 41-1a-221, 41-1a-222, or
97 41-1a-301.
98 (d) This Subsection (2) does not preclude more frequent reporting.
99 (3) (a) A record provided by an insurer under Subsection (2)(a) shall include:
100 (i) the name, date of birth, and driver license number, if the insured provides a driver
101 license number to the insurer, of each insured owner or operator, and the address of the named
102 insured;
103 (ii) the make, year, and vehicle identification number of each insured vehicle; and
104 (iii) the policy number, effective date, and expiration date of each policy.
105 (b) A record provided by an insurer under Subsection (2)(b) shall include:
106 (i) the named insured;
107 (ii) the policy number, effective date, and expiration date of each policy; and
108 (iii) the following information, if available:
109 (A) the name, date of birth, and driver license number of each insured owner or
110 operator, and the address of the named insured; and
111 (B) the make, year, and vehicle identification number of each insured vehicle.
112 (4) Each insurer shall provide this information by an electronic means or by another
113 form the Department of Public Safety's designated agent agrees to accept.
114 (5) (a) The commissioner may, following procedures set forth in Title 63G, Chapter 4,
115 Administrative Procedures Act, assess a fine against an insurer of up to $250 for each day the
116 insurer fails to comply with this section.
117 (b) If an insurer shows that the failure to comply with this section was inadvertent,
118 accidental, or the result of excusable neglect, the commissioner shall excuse the fine.
119 Section 3. Section 41-1a-1218 is amended to read:
120 41-1a-1218. Uninsured motorist identification fee for tracking motor vehicle
121 insurance -- Exemption -- Deposit.
122 (1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made
123 for registration or renewal of registration [
124 shall pay an uninsured motorist identification fee of:
125 (i) $1 on each motor vehicle[
126 (ii) $2 on each motorboat.
127 (b) Except as provided in Subsection (1)(c), at the time application is made for
128 registration or renewal of registration of a motor vehicle for a six-month registration period
129 under Section 41-1a-215.5, the applicant shall pay an uninsured motorist identification fee of
130 75 cents on each motor vehicle.
131 (c) The following are exempt from the fee required under Subsection (1)(a) or (b):
132 (i) a commercial vehicle registered as part of a fleet under Section 41-1a-222 or
133 Section 41-1a-301;
134 (ii) a motor vehicle that is exempt from the registration fee under Section 41-1a-1209
135 or Subsection 41-1a-419(3); and
136 (iii) a motor vehicle with a Purple Heart special group license plate issued:
137 (A) on or before December 31, 2023; or
138 (B) in accordance with Part 16, Sponsored Special Group License Plates.
139 (2) The revenue generated under this section shall be deposited in the Uninsured
140 Motorist Identification Restricted Account created in Section 41-12a-806.
141 Section 4. Section 41-1a-1220 is amended to read:
142 41-1a-1220. Registration reinstatement fee.
143 (1) (a) [
144 reinstatement or renewal of registration of a motor vehicle after a revocation of the registration
145 under Subsection 41-1a-110(2), the applicant shall pay a registration reinstatement fee of $100.
146 (b) The registration reinstatement fee does not apply to a motorboat.
147 (2) The fee imposed under Subsection (1):
148 (a) is in addition to any other fee imposed under this chapter; and
149 (b) shall be deposited in the Uninsured Motorist Identification Restricted Account
150 created in Section 41-12a-806.
151 (3) The division shall waive the registration reinstatement fee imposed under this
152 section if:
153 (a) the registration was revoked under Subsection 41-1a-110(2)(a)(ii); and
154 (b) a person had owner's or operator's security in effect for the vehicle at the time of the
155 alleged violation or on the day following the time limit provided after the second notice under
156 Subsection 41-12a-804(2).
157 Section 5. Section 41-6a-102 is amended to read:
158 41-6a-102. Definitions.
159 As used in this chapter:
160 (1) "Alley" means a street or highway intended to provide access to the rear or side of
161 lots or buildings in urban districts and not intended for through vehicular traffic.
162 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
163 41-22-2.
164 (3) "All-terrain type II vehicle" means the same as that term is defined in Section
165 41-22-2.
166 (4) "All-terrain type III vehicle" means the same as that term is defined in Section
167 41-22-2.
168 [
169 (a) fire department vehicles;
170 (b) police vehicles;
171 (c) ambulances; and
172 (d) other publicly or privately owned vehicles as designated by the commissioner of the
173 Department of Public Safety.
174 [
175 [
176 (i) propelled by human power by feet or hands acting upon pedals or cranks;
177 (ii) with a seat or saddle designed for the use of the operator;
178 (iii) designed to be operated on the ground; and
179 (iv) whose wheels are not less than 14 inches in diameter.
180 (b) "Bicycle" includes an electric assisted bicycle.
181 (c) "Bicycle" does not include scooters and similar devices.
182 [
183 (i) designed for carrying more than 15 passengers and used for the transportation of
184 persons; or
185 (ii) designed and used for the transportation of persons for compensation.
186 (b) "Bus" does not include a taxicab.
187 [
188 circular in design, located in the center of the intersection where traffic passes to the right of
189 the island.
190 (b) "Circular intersection" includes:
191 (i) roundabouts;
192 (ii) rotaries; and
193 (iii) traffic circles.
194 [
195 described in Subsection [
196 [
197 described in Subsection [
198 [
199 described in Subsection [
200 [
201 Safety.
202 [
203 (a) designed primarily for through traffic; and
204 (b) to or from which owners or occupants of abutting lands and other persons have no
205 legal right of access, except at points as determined by the highway authority having
206 jurisdiction over the highway, street, or roadway.
207 [
208 (a) that part of a roadway at an intersection included within the connections of the
209 lateral lines of the sidewalks on opposite sides of the highway measured from:
210 (i) (A) the curbs; or
211 (B) in the absence of curbs, from the edges of the traversable roadway; and
212 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
213 included within the extension of the lateral lines of the existing sidewalk at right angles to the
214 centerline; or
215 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
216 pedestrian crossing by lines or other markings on the surface.
217 [
218 [
219 (a) visual contact is maintained; and
220 (b) advice and assistance can be given and received.
221 [
222 by:
223 (a) an unpaved intervening space;
224 (b) a physical barrier; or
225 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
226 [
227 arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
228 clear snow from two or more lanes at once.
229 [
230 (a) has a power output of not more than 750 watts;
231 (b) has fully operable pedals on permanently affixed cranks;
232 (c) is fully operable as a bicycle without the use of the electric motor; and
233 (d) is one of the following:
234 (i) an electric assisted bicycle equipped with a motor or electronics that:
235 (A) provides assistance only when the rider is pedaling; and
236 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
237 hour;
238 (ii) an electric assisted bicycle equipped with a motor or electronics that:
239 (A) may be used exclusively to propel the bicycle; and
240 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
241 miles per hour; or
242 (iii) an electric assisted bicycle equipped with a motor or electronics that:
243 (A) provides assistance only when the rider is pedaling;
244 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
245 hour; and
246 (C) is equipped with a speedometer.
247 [
248 device with:
249 (i) two nontandem wheels in contact with the ground;
250 (ii) a system capable of steering and stopping the unit under typical operating
251 conditions;
252 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
253 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
254 (v) a deck design for a person to stand while operating the device.
255 (b) "Electric personal assistive mobility device" does not include a wheelchair.
256 [
257 commonly used or intended for the purpose of producing an explosion and that contains any
258 oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
259 that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
260 compound or mixture may cause a sudden generation of highly heated gases, and the resultant
261 gaseous pressures are capable of producing destructive effects on contiguous objects or of
262 causing death or serious bodily injury.
263 [
264 implement, for drawing plows, mowing machines, and other implements of husbandry.
265 [
266 less, as determined by a Tagliabue or equivalent closed-cup test device.
267 [
268 system as defined in Section 72-1-102.
269 [
270 (i) is designed for transportation by players on a golf course;
271 (ii) has not less than three wheels in contact with the ground;
272 (iii) has an unladen weight of less than 1,800 pounds;
273 (iv) is designed to operate at low speeds; and
274 (v) is designed to carry not more than six persons including the driver.
275 (b) "Golf cart" does not include:
276 (i) a low-speed vehicle or an off-highway vehicle;
277 (ii) a motorized wheelchair;
278 (iii) an electric personal assistive mobility device;
279 (iv) an electric assisted bicycle;
280 (v) a motor assisted scooter;
281 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
282 (vii) a mobile carrier, as defined in Section 41-6a-1120.
283 [
284 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
285 lane including similar areas between merging or splitting highways.
286 [
287 weight of any load on the vehicle.
288 [
289 (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
290 (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
291 highway or railroad tracks.
292 [
293 place of any nature when any part of it is open to the use of the public as a matter of right for
294 vehicular travel.
295 [
296 72-1-102.
297 [
298 connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways
299 of two or more highways that join one another.
300 (b) Where a highway includes two roadways 30 feet or more apart:
301 (i) every crossing of each roadway of the divided highway by an intersecting highway
302 is a separate intersection; and
303 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
304 every crossing of two roadways of the highways is a separate intersection.
305 (c) "Intersection" does not include the junction of an alley with a street or highway.
306 [
307 of vehicle movements or for pedestrian refuge designated by:
308 (a) pavement markings, which may include an area designated by two solid yellow
309 lines surrounding the perimeter of the area;
310 (b) channelizing devices;
311 (c) curbs;
312 (d) pavement edges; or
313 (e) other devices.
314 [
315 autocycle, the act of overtaking and passing another vehicle that is stopped in the same
316 direction of travel in the same lane.
317 [
318 Section 53-1-102.
319 [
320 (a) that is designated specifically for through traffic; and
321 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
322 persons have any right or easement, or have only a limited right or easement of access, light,
323 air, or view.
324 [
325 body of a county, municipal, or other local board or body having authority to enact laws
326 relating to traffic under the constitution and laws of the state.
327 [
328 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
329 (ii) has a capacity of not more than six passengers, including a conventional driver or
330 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
331 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
332 [
333 is wholly or partly of metal or other hard nonresilient material.
334 [
335 seat or saddle that is less than 24 inches from the ground as measured on a level surface with
336 properly inflated tires.
337 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
338 (c) "Mini-motorcycle" does not include a motorcycle that is:
339 (i) designed for off-highway use; and
340 (ii) registered as an off-highway vehicle under Section 41-22-3.
341 [
342 (a) a trailer or semitrailer that is:
343 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
344 place either permanently or temporarily; and
345 (ii) equipped for use as a conveyance on streets and highways; or
346 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
347 constructed for use as a mobile home, as defined in Subsection [
348 instead used permanently or temporarily for:
349 (i) the advertising, sale, display, or promotion of merchandise or services; or
350 (ii) any other commercial purpose except the transportation of property for hire or the
351 transportation of property for distribution by a private carrier.
352 [
353 the person's extremities or difficulty with motor skills, that may include limitations with
354 walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
355 condition.
356 [
357 (i) pedals to permit propulsion by human power; and
358 (ii) a motor that:
359 (A) produces not more than two brake horsepower; and
360 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
361 level ground.
362 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
363 centimeters and the moped shall have a power drive system that functions directly or
364 automatically without clutching or shifting by the operator after the drive system is engaged.
365 (c) "Moped" does not include:
366 (i) an electric assisted bicycle; or
367 (ii) a motor assisted scooter.
368 [
369 (i) at least two wheels in contact with the ground;
370 (ii) a braking system capable of stopping the unit under typical operating conditions;
371 (iii) an electric motor not exceeding 2,000 watts;
372 (iv) either:
373 (A) handlebars and a deck design for a person to stand while operating the device; or
374 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
375 the device;
376 (v) a design for the ability to be propelled by human power alone; and
377 (vi) a maximum speed of 20 miles per hour on a paved level surface.
378 (b) "Motor assisted scooter" does not include:
379 (i) an electric assisted bicycle; or
380 (ii) a motor-driven cycle.
381 [
382 is propelled by electric power obtained from overhead trolley wires, but not operated upon
383 rails.
384 (b) "Motor vehicle" does not include:
385 (i) vehicles moved solely by human power;
386 (ii) motorized wheelchairs;
387 (iii) an electric personal assistive mobility device;
388 (iv) an electric assisted bicycle;
389 (v) a motor assisted scooter;
390 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
391 (vii) a mobile carrier, as defined in Section 41-6a-1120.
392 [
393 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
394 and designed to travel with not more than three wheels in contact with the ground; or
395 (b) an autocycle.
396 [
397 bicycle having:
398 (i) an engine with less than 150 cubic centimeters displacement; or
399 (ii) a motor that produces not more than five horsepower.
400 (b) "Motor-driven cycle" does not include:
401 (i) an electric personal assistive mobility device;
402 (ii) a motor assisted scooter; or
403 (iii) an electric assisted bicycle.
404 [
405 defined under Section 41-22-2.
406 [
407 41-22-2.
408 [
409 [
410 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
411 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
412 vehicle.
413 [
414 stock, or other device operated, alone or coupled with another device, on stationary rails.
415 [
416 is occupied or not.
417 (b) "Park" or "parking" does not include:
418 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
419 in loading or unloading property or passengers; or
420 (ii) a motor vehicle with an engaged automated driving system that has achieved a
421 minimal risk condition, as those terms are defined in Section 41-26-102.1.
422 [
423 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
424 traffic laws.
425 [
426 (a) on foot; or
427 (b) in a wheelchair.
428 [
429 regulate pedestrians.
430 [
431 corporation, business trust, estate, trust, partnership, limited liability company, association,
432 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
433 [
434 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
435 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
436 (b) that is ordinarily used for transporting long or irregular shaped loads including
437 poles, pipes, or structural members generally capable of sustaining themselves as beams
438 between the supporting connections.
439 [
440 and used for vehicular travel by the owner and those having express or implied permission
441 from the owner, but not by other persons.
442 [
443 stationary rails.
444 [
445 authority of a public body or official or by a railroad and intended to give notice of the presence
446 of railroad tracks or the approach of a railroad train.
447 [
448 coupled with or operated without cars, and operated upon rails.
449 [
450 41-1a-102.
451 [
452 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
453 of direction, speed, and proximity that give rise to danger of collision unless one grants
454 precedence to the other.
455 [
456 ordinarily used for vehicular travel.
457 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
458 them are used by persons riding bicycles or other human-powered vehicles.
459 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
460 a highway includes two or more separate roadways.
461 [
462 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
463 signs as to be plainly visible at all times while set apart as a safety zone.
464 [
465 (i) complies with the color and identification requirements of the most recent edition of
466 "Minimum Standards for School Buses"; and
467 (ii) is used to transport school children to or from school or school activities.
468 (b) "School bus" does not include a vehicle operated by a common carrier in
469 transportation of school children to or from school or school activities.
470 [
471 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
472 and
473 (ii) constructed so that some part of its weight and that of its load rests on or is carried
474 by another vehicle.
475 (b) "Semitrailer" does not include a pole trailer.
476 [
477 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
478 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
479 or
480 (b) that portion of the road contiguous to the roadway for accommodation of stopped
481 vehicles, for emergency use, and for lateral support.
482 [
483 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
484 [
485 that is designated for the use of a bicycle.
486 (b) "Soft-surface trail" does not mean a trail:
487 (i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
488 federal law, regulation, or rule; or
489 (ii) located in whole or in part on land granted to the state or a political subdivision
490 subject to a conservation easement that prohibits the use of a motorized vehicle.
491 [
492 does not depend on compressed air for the support of the load.
493 [
494 occupied or not, for the purpose of and while actually engaged in receiving or discharging
495 passengers.
496 [
497 [
498 of a vehicle, whether occupied or not, except when:
499 (a) necessary to avoid conflict with other traffic; or
500 (b) in compliance with the directions of a peace officer or traffic-control device.
501 [
502 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
503 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
504 Section 41-6a-1509.
505 [
506 72-9-102.
507 [
508 72-9-102.
509 [
510 conveyances either singly or together while using any highway for the purpose of travel.
511 [
512 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
513 [
514 inconsistent with this chapter placed or erected by a highway authority for the purpose of
515 regulating, warning, or guiding traffic.
516 [
517 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
518 [
519 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
520 part of its weight rests upon the towing vehicle.
521 (b) "Trailer" does not include a pole trailer.
522 [
523 the transportation of property.
524 [
525 (a) designed and used primarily for drawing other vehicles; and
526 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
527 tractor.
528 [
529 (a) provided for vehicle operators making left turns in either direction;
530 (b) that is not used for passing, overtaking, or through travel; and
531 (c) that has been indicated by a lane traffic-control device that may include lane
532 markings.
533 [
534 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
535 less than 100 feet, for a distance of a quarter of a mile or more.
536 [
537 be transported or drawn on a highway, except a mobile carrier, as defined in Section
538 41-6a-1120, or a device used exclusively on stationary rails or tracks.
539 Section 6. Section 41-12a-103 is amended to read:
540 41-12a-103. Definitions.
541 As used in this chapter:
542 (1) "Department" means the Department of Public Safety.
543 (2) "Judgment" means any judgment that is final by:
544 (a) expiration without appeal of the time within which an appeal might have been
545 perfected; or
546 (b) final affirmation on appeal, rendered by a court of competent jurisdiction of any
547 state or of the United States, upon a cause of action for damages:
548 (i) arising out of the ownership, maintenance, or use of any motor vehicle, including
549 damages for care and loss of services because of bodily injury to or death of any person, or
550 because of injury to or destruction of property including the loss of use of the property; or
551 (ii) on a settlement agreement.
552 (3) "License" or "license certificate" have the same meanings as under Section
553 53-3-102.
554 (4) (a) "Motor vehicle" means every self-propelled vehicle that is designed for use
555 upon a highway, including trailers and semitrailers designed for use with other motorized
556 vehicles.
557 (b) "Motor vehicle" does not include traction engines, road rollers, farm tractors,
558 tractor cranes, power shovels, and well drillers, and every vehicle that is propelled by electric
559 power obtained from overhead wires but not operated upon rails.
560 (5) "Motorboat" means the same as that term is defined in Section 73-18c-102.
561 [
562 [
563 person who is not a resident of Utah by the laws of Utah pertaining to the operation by him of a
564 motor vehicle, or the use of a motor vehicle owned by him, in Utah.
565 [
566 vehicle.
567 [
568 (a) a person who holds legal title to a motor vehicle;
569 (b) a lessee in possession;
570 (c) a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale
571 or lease with the right of purchase upon performance of the conditions stated in the agreement
572 and with an immediate right of possession in the conditional vendee or lessee; or
573 (d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor
574 entitled to possession.
575 [
576 means any of the following:
577 (a) an insurance policy or combination of policies conforming to Section 31A-22-302,
578 which is issued by an insurer authorized to do business in Utah;
579 (b) an insurance policy or combination of policies issued or renewed prior to January 1,
580 2009 that:
581 (i) conformed to the minimum coverage limits of Section 31A-22-304 prior to January
582 1, 2009; and
583 (ii) conform to the current requirements other than the minimum coverage limits of
584 policies issued in accordance with Section 31A-22-302;
585 (c) a surety bond issued by an insurer authorized to do a surety business in Utah in
586 which the surety is subject to the minimum coverage limits and other requirements of policies
587 conforming to Section 31A-22-302, which names the department as a creditor under the bond
588 for the use of persons entitled to the proceeds of the bond;
589 (d) a deposit with the state treasurer of cash or securities complying with Section
590 41-12a-406;
591 (e) maintaining a certificate of self-funded coverage under Section 41-12a-407; or
592 (f) a policy conforming to Section 31A-22-302 issued by the Risk Management Fund
593 created in Section 63A-4-201.
594 [
595 issued under the laws of Utah pertaining to the registration of motor vehicles.
596 [
597 Section 7. Section 41-12a-303.2 is amended to read:
598 41-12a-303.2. Evidence of owner's or operator's security to be carried when
599 operating motor vehicle -- Defense -- Penalties.
600 (1) As used in this section:
601 (a) "Division" means the Motor Vehicle Division of the State Tax Commission.
602 (b) "Registration materials" means the evidences of motor vehicle registration,
603 including all registration cards, license plates, temporary permits, and nonresident temporary
604 permits.
605 (2) (a) (i) A person operating a motor vehicle shall:
606 (A) have in the person's immediate possession evidence of owner's or operator's
607 security for the motor vehicle the person is operating; and
608 (B) display it upon demand of a peace officer.
609 (ii) A person is exempt from the requirements of Subsection (2)(a)(i) if the person is
610 operating:
611 (A) a government-owned or leased motor vehicle; or
612 (B) an employer-owned or leased motor vehicle and is driving it with the employer's
613 permission.
614 (iii) A person operating a vehicle that is owned by a rental company, as defined in
615 Section 31A-22-311, may comply with Subsection (2)(a)(i) by having in the person's
616 immediate possession, or displaying, the rental vehicle's rental agreement, as defined in Section
617 31A-22-311.
618 (b) Evidence of owner's or operator's security includes any one of the following:
619 (i) a copy of the operator's valid:
620 (A) insurance policy;
621 (B) insurance policy declaration page;
622 (C) binder notice;
623 (D) renewal notice; or
624 (E) card issued by an insurance company as evidence of insurance;
625 (ii) a certificate of insurance issued under Section 41-12a-402;
626 (iii) a certified copy of a surety bond issued under Section 41-12a-405;
627 (iv) a certificate of the state treasurer issued under Section 41-12a-406;
628 (v) a certificate of self-funded coverage issued under Section 41-12a-407; or
629 (vi) information that the vehicle or driver is insured from the Uninsured Motorist
630 Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured
631 Motorist Identification Database Program.
632 (c) A card issued by an insurance company as evidence of owner's or operator's
633 security under Subsection (2)(b)(i)(E) on or after July 1, 2014, may not display the owner's or
634 operator's address on the card.
635 (d) (i) A person may provide to a peace officer evidence of owner's or operator's
636 security described in this Subsection (2) in:
637 (A) a hard copy format; or
638 (B) an electronic format using a mobile electronic device.
639 (ii) If a person provides evidence of owner's or operator's security in an electronic
640 format using a mobile electronic device under this Subsection (2)(d), the peace officer viewing
641 the owner's or operator's security on the mobile electronic device may not view any other
642 content on the mobile electronic device.
643 (iii) Notwithstanding any other provision under this section, a peace officer is not
644 subject to civil liability or criminal penalties under this section if the peace officer inadvertently
645 views content other than the evidence of owner's or operator's security on the mobile electronic
646 device.
647 (e) (i) Evidence of owner's or operator's security from the Uninsured Motorist
648 Identification Database Program described under Subsection (2)(b)(vi) supercedes any
649 evidence of owner's or operator's security described under:
650 (A) Subsection (2)(b)(i)(D) or (E)[
651 (B) for a motorboat, Subsection 73-18c-304(1)(b).
652 (ii) A peace officer may not cite or arrest a person for a violation of Subsection (2)(a) if
653 the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a,
654 Part 8, Uninsured Motorist Identification Database Program, information indicates that the
655 vehicle or driver is insured.
656 (3) It is an affirmative defense to a charge or in an administrative action under this
657 section that the person had owner's or operator's security in effect for the vehicle the person
658 was operating at the time of the person's citation or arrest.
659 (4) (a) The following are considered proof of owner's or operator's security for
660 purposes of Subsection (3) and Section 41-12a-804:
661 (i) evidence defined in Subsection (2)(b);
662 (ii) a written statement from an insurance producer or company verifying that the
663 person had the required motor vehicle insurance coverage on the date specified; or
664 (iii) a written statement from an insurance producer or company, or provision in an
665 insurance policy, indicating that the policy provides coverage for a newly purchased car and the
666 coverage extended to the date specified.
667 (b) The court considering a citation issued under this section shall allow the evidence
668 or a written statement under Subsection (4)(a) and a copy of the citation to be electronically
669 submitted or mailed to the clerk of the court to satisfy Subsection (3).
670 (c) The notice under Section 41-12a-804 shall specify that the written statement under
671 Subsection (4)(a) and a copy of the notice shall be faxed or mailed to the designated agent to
672 satisfy the proof of owner's or operator's security required under Section 41-12a-804.
673 (5) (a) A person who is convicted of violating Subsection (2)(a)(i):
674 (i) is guilty of an infraction for a first offense and subject to a fine of not less than
675 $400; and
676 (ii) is guilty of a class C misdemeanor for each offense subsequent to the first offense
677 that is committed within three years after the day on which the person commits the first offense
678 and subject to a fine of not less than $1,000.
679 (b) A court may waive up to $300 of a fine charged under Subsection (5)(a) if the
680 person demonstrates that the owner's or operator's security required under Section 41-12a-301
681 was obtained after the violation but before sentencing.
682 (6) Upon receiving notification from a court of a conviction for a violation of this
683 section, the department:
684 (a) shall suspend the person's driver license; and
685 (b) may not renew the person's driver license or issue a driver license to the person
686 until the person gives the department proof of owner's or operator's security.
687 (i) This proof of owner's or operator's security shall be given by any of the ways
688 required under Section 41-12a-401.
689 (ii) This proof of owner's or operator's security shall be maintained with the department
690 for a three-year period.
691 (iii) An insurer that provides a certificate of insurance as provided under Section
692 41-12a-402 or 41-12a-403 may not terminate the insurance policy unless notice of termination
693 is filed with the department no later than 10 days after termination as required under Section
694 41-12a-404.
695 (iv) If a person who has canceled the certificate of insurance applies for a license
696 within three years from the date proof of owner's or operator's security was originally required,
697 the department shall refuse the application unless the person reestablishes proof of owner's or
698 operator's security and maintains the proof for the remainder of the three-year period.
699 Section 8. Section 41-12a-802 is amended to read:
700 41-12a-802. Definitions.
701 As used in this part:
702 (1) "Account" means the Uninsured Motorist Identification Restricted Account created
703 in Section 41-12a-806.
704 (2) "Database" means the Uninsured Motorist Identification Database created in
705 Section 41-12a-803.
706 (3) "Designated agent" means the third party the department contracts with under
707 Section 41-12a-803.
708 (4) "Division" means the Driver License Division created in Section 53-3-103.
709 (5) (a) "Motor vehicle" has the same meaning as set forth in Section 41-1a-102.
710 (b) "Motor vehicle" includes a street-legal all-terrain vehicle.
711 (6) "Motor Vehicle Division" means the Motor Vehicle Division of the State Tax
712 Commission created in Section 41-1a-106.
713 (7) "Program" means the Uninsured Motorist Identification Database Program created
714 in Section 41-12a-803.
715 (8) "Street-legal all-terrain vehicle" means the same as that term is defined in Section
716 41-6a-102.
717 Section 9. Section 41-12a-803 is amended to read:
718 41-12a-803. Program creation -- Administration -- Selection of designated agent
719 -- Duties -- Rulemaking -- Audits.
720 (1) There is created the Uninsured Motorist Identification Database Program to:
721 (a) establish an Uninsured Motorist Identification Database to verify compliance with:
722 (i) motor vehicle owner's or operator's security requirements under Section 41-12a-301
723 and other provisions under this part; and
724 (ii) motorboat owner's or operator's security requirements under Section 73-18c-304
725 and other provisions under this part;
726 (b) assist in reducing the number of uninsured motor vehicles on the highways of the
727 state and uninsured motorboats on the waters of the state;
728 (c) assist in increasing compliance with motor vehicle and motorboat registration and
729 sales and use tax laws;
730 (d) assist in protecting a financial institution's bona fide security interest in a motor
731 vehicle or motorboat; and
732 (e) assist in the identification and prevention of identity theft and other crimes.
733 (2) The program shall be administered by the department with the assistance of the
734 designated agent and the Motor Vehicle Division.
735 (3) (a) The department shall contract in accordance with Title 63G, Chapter 6a, Utah
736 Procurement Code, with a third party to establish and maintain an Uninsured Motorist
737 Identification Database for the purposes established under this part.
738 (b) The contract may not obligate the department to pay the third party more money
739 than is available in the account.
740 (4) (a) The third party under contract under this section is the department's designated
741 agent, and shall develop and maintain a computer database from the information provided by:
742 (i) insurers under Section 31A-22-315;
743 (ii) the division under Subsection (6); and
744 (iii) the Motor Vehicle Division under Section 41-1a-120.
745 (b) (i) The database shall be developed and maintained in accordance with guidelines
746 established by the department so that state and local law enforcement agencies and financial
747 institutions as defined in Section 7-1-103 can efficiently access the records of the database,
748 including reports useful for the implementation of the provisions of this part.
749 (ii) (A) The reports shall be in a form and contain information approved by the
750 department.
751 (B) The reports may be made available through the Internet or through other electronic
752 medium, if the department determines that sufficient security is provided to ensure compliance
753 with Section 41-12a-805 regarding limitations on disclosure of information in the database.
754 (5) With information provided by the department and the Motor Vehicle Division, the
755 designated agent shall, at least monthly for submissions under Subsection 31A-22-315(2)(b) or
756 at least twice a month for submissions under Subsection 31A-22-315(2)(a):
757 (a) update the database with the motor vehicle and motorboat insurance information
758 provided by the insurers in accordance with Section 31A-22-315; and
759 (b) compare all current motor vehicle and motorboat registrations against the database.
760 (6) The division shall provide the designated agent with the name, date of birth,
761 address, and driver license number of all persons on the driver license database.
762 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
763 department shall make rules and develop procedures in cooperation with the Motor Vehicle
764 Division to use the database for the purpose of administering and enforcing this part.
765 (8) (a) The designated agent shall archive computer data files at least semi-annually for
766 auditing purposes.
767 (b) The internal audit unit of the tax commission provided under Section 59-1-206
768 shall audit the program at least every three years.
769 (c) The audit under Subsection (8)(b) shall include verification of:
770 (i) billings made by the designated agent; and
771 (ii) the accuracy of the designated agent's matching of vehicle registration with
772 insurance data.
773 (9) Upon request, the designated agent shall make available the information provided
774 by insurers under Section 31A-22-315.5 to:
775 (a) state and local law enforcement agencies; and
776 (b) financial institutions as defined in Section 7-1-103.
777 Section 10. Section 41-12a-804 is amended to read:
778 41-12a-804. Notice -- Proof -- Revocation of registration -- False statements --
779 Penalties -- Exemptions -- Sales tax enforcement.
780 (1) If the comparison under Section 41-12a-803 shows that a motor vehicle or
781 motorboat is not insured for three consecutive months, the Motor Vehicle Division shall direct
782 that the designated agent provide notice to the owner of the motor vehicle or motorboat that the
783 owner has 15 days to provide:
784 (a) proof of owner's or operator's security in a form allowed under Subsection
785 41-12a-303.2(2); or
786 (b) proof of exemption from the owner's or operator's security requirements.
787 (2) If an owner of a motor vehicle or motorboat fails to provide satisfactory proof of
788 owner's or operator's security to the designated agent, the designated agent shall:
789 (a) provide a second notice to the owner of the motor vehicle or motorboat that the
790 owner now has 15 days to provide:
791 (i) proof of owner's or operator's security in a form allowed under Subsection
792 41-12a-303.2(2); or
793 (ii) proof of exemption from the owner's or operator's security requirements;
794 (b) for each notice provided, indicate information relating to the owner's failure to
795 provide proof of owner's or operator's security in the database; and
796 (c) provide this information to state and local law enforcement agencies as requested in
797 accordance with the provisions under Section 41-12a-805.
798 (3) The Motor Vehicle Division:
799 (a) shall revoke the registration upon receiving notification under Subsection
800 41-1a-110(2);
801 (b) shall provide appropriate notices of the revocation, the legal consequences of
802 operating a vehicle with revoked registration and without owner's or operator's security, and
803 instructions on how to get the registration reinstated; and
804 (c) may direct the designated agent to provide the notices under this Subsection (3).
805 (4) Any action by the Motor Vehicle Division to revoke the registration of a motor
806 vehicle or motorboat under this section may be in addition to an action by a law enforcement
807 agency to impose the penalties under Section 41-12a-302 or 41-12a-303.2.
808 (5) (a) A person may not provide a false or fraudulent statement to the Motor Vehicle
809 Division or designated agent.
810 (b) In addition to any other penalties, a person who violates Subsection (5)(a) is guilty
811 of a class B misdemeanor.
812 (6) The department and the Motor Vehicle Division shall direct the designated agent to
813 exempt from this section a farm truck that:
814 (a) meets the definition of a farm truck under Section 41-1a-102; and
815 (b) is registered as a farm truck under Title 41, Chapter 1a, Motor Vehicle Act.
816 (7) This part does not affect other actions or penalties that may be taken or imposed for
817 violation of the owner's and operator's security requirements of this chapter.
818 (8) If a comparison under Section 41-12a-803 shows that a motor vehicle or motorboat
819 may not be in compliance with motor vehicle or motorboat registration or sales and use tax
820 laws, the Motor Vehicle Division may direct that the designated agent provide notice to the
821 owner of a motor vehicle or motorboat that information exists which indicates the possible
822 violation.
823 Section 11. Section 41-12a-805 is amended to read:
824 41-12a-805. Disclosure of insurance information -- Penalty.
825 (1) Information in the database established under Section 41-12a-803 provided by a
826 person to the designated agent is considered to be the property of the person providing the
827 information.
828 (2) The information may not be disclosed from the database under Title 63G, Chapter
829 2, Government Records Access and Management Act, or otherwise, except as follows:
830 (a) for the purpose of investigating, litigating, or enforcing the owner's or operator's
831 security requirement under Section 41-12a-301, the designated agent shall verify insurance
832 information through the state computer network for a state or local government agency or
833 court;
834 (b) for the purpose of investigating, litigating, or enforcing the owner's or operator's
835 security requirement under Section 41-12a-301, the designated agent shall, upon request, issue
836 to any state or local government agency or court a certificate documenting the insurance
837 information, according to the database, of a specific individual or motor vehicle or motorboat
838 for the time period designated by the government agency;
839 (c) upon request, the department or its designated agent shall disclose whether or not a
840 person is an insured individual and the insurance company name to:
841 (i) that individual or, if that individual is deceased, any interested person of that
842 individual, as defined in Section 75-1-201;
843 (ii) the parent or legal guardian of that individual if the individual is an unemancipated
844 minor;
845 (iii) the legal guardian of that individual if the individual is legally incapacitated;
846 (iv) a person who has power of attorney from the insured individual;
847 (v) a person who submits a notarized release from the insured individual dated no more
848 than 90 days before the date the request is made; or
849 (vi) a person suffering loss or injury in a motor vehicle or motorboat accident in which
850 the insured individual is involved, but only as part of an accident report as authorized in
851 Section 41-12a-202;
852 (d) for the purpose of investigating, enforcing, or prosecuting laws or issuing citations
853 by state or local law enforcement agencies related to the:
854 (i) registration and renewal of registration of a motor vehicle under Title 41, Chapter
855 1a, Motor Vehicle Act;
856 (ii) registration and renewal of registration of a motorboat under Title 73, Chapter 18,
857 State Boating Act;
858 [
859 and Use Tax Act; and
860 [
861 73-18c-304;
862 (e) upon request of a peace officer acting in an official capacity under the provisions of
863 Subsection (2)(d), the department or the designated agent shall, upon request, disclose relevant
864 information for investigation, enforcement, or prosecution;
865 (f) for the purpose of the state auditor, the legislative auditor general, or other auditor
866 of the state conducting audits of the program;
867 (g) upon request of a financial institution as defined under Section 7-1-103 for the
868 purpose of protecting the financial institution's bona fide security interest in a motor vehicle or
869 motorboat; and
870 (h) upon the request of a state or local law enforcement agency for the purpose of
871 investigating and prosecuting identity theft and other crimes.
872 (3) (a) The department may allow the designated agent to prepare and deliver upon
873 request, a report on the insurance information of a person or motor vehicle or motorboat in
874 accordance with this section.
875 (b) The report may be in the form of:
876 (i) a certified copy that is considered admissible in any court proceeding in the same
877 manner as the original; or
878 (ii) information accessible through the Internet or through other electronic medium if
879 the department determines that sufficient security is provided to ensure compliance with this
880 section.
881 (c) The department may allow the designated agent to charge a fee established by the
882 department under Section 63J-1-504 for each:
883 (i) document authenticated, including each certified copy;
884 (ii) record accessed by the Internet or by other electronic medium; and
885 (iii) record provided to a financial institution under Subsection (2)(g).
886 (4) A person who knowingly releases or discloses information from the database for a
887 purpose other than those authorized in this section or to a person who is not entitled to it is
888 guilty of a third degree felony.
889 (5) An insurer is not liable to any person for complying with Sections 31A-22-315 and
890 31A-22-315.5 by providing information to the designated agent.
891 (6) Neither the state nor the department's designated agent is liable to any person for
892 gathering, managing, or using the information in the database as provided in Sections
893 31A-22-315 and 31A-22-315.5 and this part.
894 Section 12. Section 41-22-3 is amended to read:
895 41-22-3. Registration of vehicles -- Application -- Issuance of sticker and card --
896 Proof of property tax payment -- Records.
897 (1) (a) Unless exempted under Section 41-22-9, a person may not operate or place and
898 an owner may not give another person permission to operate or place any off-highway vehicle
899 on any public land, trail, street, or highway in this state unless the off-highway vehicle is
900 registered under this chapter for the current year.
901 (b) Unless exempted under Section 41-22-9, a dealer may not sell an off-highway
902 vehicle which can be used on any public land, trail, street, or highway in this state, unless the
903 off-highway vehicle is registered or is in the process of being registered under this chapter for
904 the current year.
905 (c) Unless specifically provided in this chapter, the division shall administer license
906 plates, decals, and registration of off-highway vehicles in accordance with Chapter 1a, Motor
907 Vehicle Act.
908 (2) (a) The owner of an off-highway vehicle subject to registration under this chapter
909 shall apply to the Motor Vehicle Division for registration on forms approved by the Motor
910 Vehicle Division.
911 (b) An owner of an off-highway vehicle may apply for automatic registration renewal
912 as described in Section 41-1a-216.
913 (3) Each application for registration of an off-highway vehicle shall be accompanied
914 by:
915 (a) evidence of ownership, a title, or a manufacturer's certificate of origin, and a bill of
916 sale showing ownership, make, model, horsepower or displacement, and serial number;
917 (b) the past registration card; or
918 (c) the fee for a duplicate.
919 (4) (a) (i) Beginning on January 1, 2023, except as provided in Subsection (4)(e), the
920 first time an off-highway vehicle is registered, the Motor Vehicle Division shall issue one
921 off-highway vehicle license plate, a registration decal, and a registration card.
922 (ii) If an off-highway vehicle has been registered previously in this state but has not
923 been issued an off-highway vehicle license plate, beginning on January 1, 2023, upon
924 application for registration renewal, the Motor Vehicle Division shall issue one off-highway
925 vehicle license plate, a registration decal, and a registration card.
926 (b) Upon each annual registration, the Motor Vehicle Division shall issue a registration
927 decal and a registration card for each off-highway vehicle registered.
928 (c) The off-highway vehicle license plate:
929 (i) shall contain a unique five-digit number, using numbers, letters, or a combination of
930 numbers and letters, to identify the off-highway vehicle for which it is issued;
931 (ii) shall be affixed to the rear of the off-highway vehicle for which it is issued in a
932 plainly visible and upright position as prescribed by rule of the division under Section
933 41-22-5.1;
934 (iii) shall be maintained free of foreign materials and in a condition to be clearly
935 legible;
936 (iv) shall be a distinct tan color with black lettering to identify the license plate as an
937 off-highway vehicle license plate;
938 (v) shall have a location to attach the registration decal; and
939 (vi) may not be a personalized license plate or a special group license plate.
940 (d) (i) At all times, [
941 off-highway vehicle and shall be available for inspection by a law enforcement officer.
942 (ii) An individual may show proof of registration by displaying:
943 (A) a digital copy or photograph of the registration card on a mobile electronic device;
944 (B) proof of registration on a mobile electronic device through a mobile application
945 approved by the relevant state agency; or
946 (C) an original registration card issued by the Motor Vehicle Division.
947 (e) An off-highway vehicle that is a motorcycle or a snowmobile is:
948 (i) not required to obtain or display an off-highway vehicle license plate; and
949 (ii) required to obtain and display an off-highway vehicle registration sticker.
950 (5) (a) Except as provided by Subsection (5)(c), an applicant for a registration card and
951 registration decal shall provide the Motor Vehicle Division a certificate, described under
952 Subsection (5)(b), from the county assessor of the county in which the off-highway vehicle has
953 situs for taxation.
954 (b) The certificate required under Subsection (5)(a) shall state one of the following:
955 (i) the property tax on the off-highway vehicle for the current year has been paid;
956 (ii) in the county assessor's opinion, the tax is a lien on real property sufficient to
957 secure the payment of the tax; or
958 (iii) the off-highway vehicle is exempt by law from payment of property tax for the
959 current year.
960 (c) An off-highway vehicle for which an off-highway implement of husbandry sticker
961 has been issued in accordance with Section 41-22-5.5 is:
962 (i) exempt from the requirement under this Subsection (5);
963 (ii) not required to obtain or purchase an off-highway vehicle license plate; and
964 (iii) required to obtain and display an off-highway vehicle registration sticker.
965 (6) (a) All records of the division made or kept under this section shall be classified by
966 the Motor Vehicle Division in the same manner as motor vehicle records are classified under
967 Section 41-1a-116.
968 (b) Division records are available for inspection in the same manner as motor vehicle
969 records under Section 41-1a-116.
970 (7) A violation of this section is an infraction.
971 Section 13. Section 73-18-13.5 is amended to read:
972 73-18-13.5. Motorboat accidents -- Investigation and report of operator security
973 -- Agency action if no security -- Surrender of registration materials.
974 (1) Upon request of a peace officer investigating an accident involving a motorboat as
975 defined in Section 73-18c-102, the operator of the motorboat shall provide evidence of the
976 owner's or operator's security required under Section 73-18c-301.
977 (2) The peace officer shall record on a form approved by the division:
978 (a) the information provided by the operator;
979 (b) whether the operator provided insufficient or no information; and
980 (c) whether the peace officer finds reasonable cause to believe that any information
981 given is not correct.
982 (3) The peace officer shall deposit all completed forms with the peace officer's agency,
983 which shall forward the forms to the division no later than 10 days after receipt.
984 (4) (a) The division shall revoke the registration of a motorboat as defined in Section
985 73-18c-102 involved in an accident unless the owner or operator can demonstrate to the
986 division compliance with the owner's or operator's security requirement of Section 73-18c-301
987 at the time of the accident.
988 (b) Any registration revoked shall be renewed in accordance with Section 73-18-7.
989 (5) A person may appeal a revocation issued under Subsection (4) in accordance with
990 procedures established by the division, after notifying the commission, by rule that are
991 consistent with Title 63G, Chapter 4, Administrative Procedures Act.
992 (6) (a) Any person whose registration is revoked under Subsection (4) shall return the
993 registration card and decals for the motorboat to the division.
994 (b) If the person fails to return the registration materials as required, they shall be
995 confiscated under Section 73-18-13.6.
996 (7) The division may, after notifying the commission, make rules for the enforcement
997 of this section.
998 (8) In this section, "evidence of owner's or operator's security" includes any one of the
999 following:
1000 (a) the operator's:
1001 (i) insurance policy;
1002 (ii) binder notice;
1003 (iii) renewal notice; or
1004 (iv) card issued by an insurance company as evidence of insurance;
1005 (b) a copy of a surety bond, certified by the surety, which conforms to Section
1006 73-18c-102;
1007 (c) a certificate of the state treasurer issued under Section 73-18c-305; or
1008 (d) a certificate of self-funded coverage issued under Section 73-18c-306.
1009 (9) A person may provide evidence of owner's or operator's security as described in
1010 Subsection (8)(a) by displaying:
1011 (a) a digital copy or photograph of the evidence of owner's or operator's security; or
1012 (b) evidence of owner's or operator's security through a mobile application.
1013 Section 14. Section 73-18c-304 is amended to read:
1014 73-18c-304. Evidence of owner's or operator's security to be carried when
1015 operating motorboat -- Defense -- Penalties.
1016 (1) (a) (i) Except as provided in Subsection (1)(a)(ii), a person operating a motorboat
1017 shall:
1018 (A) have in the person's immediate possession evidence of owner's or operator's
1019 security for the motorboat the person is operating; and
1020 (B) display it upon demand of a peace officer.
1021 (ii) A person operating a government-owned or government-leased motorboat is
1022 exempt from the requirements of Subsection (1)(a)(i).
1023 (b) Evidence of owner's or operator's security includes any one of the following:
1024 (i) the operator's:
1025 (A) insurance policy;
1026 (B) binder notice;
1027 (C) renewal notice; or
1028 (D) card issued by an insurance company as evidence of insurance;
1029 (ii) a copy of a surety bond, certified by the surety, which conforms to Section
1030 73-18c-102;
1031 (iii) a certificate of the state treasurer issued under Section 73-18c-305; [
1032 (iv) a certificate of self-funded coverage issued under Section 73-18c-306[
1033 (v) a digital copy or photograph of the evidence of owner's or operator's security
1034 described in Subsections (1)(b)(i) through (iv); or
1035 (vi) a mobile application displaying evidence of owner's or operator's security
1036 described in Subsections (1)(b)(i) through (iv).
1037 (2) It is an affirmative defense to a charge under this section that the person had
1038 owner's or operator's security in effect for the motorboat the person was operating at the time of
1039 the person's citation or arrest.
1040 (3) (a) A letter from an insurance producer or company verifying that the person had
1041 the required liability insurance coverage on the date specified is considered proof of owner's or
1042 operator's security for purposes of Subsection (2).
1043 (b) The court considering a citation issued under this section shall allow the letter
1044 under Subsection (3)(a) and a copy of the citation to be faxed or mailed to the clerk of the court
1045 to satisfy Subsection (2).
1046 (4) A violation of this section is a class C misdemeanor.
1047 (5) If a person is convicted of a violation of this section and if the person is the owner
1048 of a motorboat, the court shall:
1049 (a) require the person to surrender the person's registration materials to the court; and
1050 (b) forward the registration materials, together with a copy of the conviction, to the
1051 division.
1052 (6) (a) Upon receiving notification from a court of a conviction for a violation of this
1053 section, the division shall revoke the person's motorboat registration.
1054 (b) Any registration revoked shall be renewed in accordance with Section 73-18-7.
1055 Section 15. Effective date.
1056 This bill takes effect on January 1, 2025.