Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 51 (2017GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies provisions relating to off-highway vehicles and safety requirements;
• modifies provisions relating to safety courses; and
• makes technical changes.

Every vote on this bill

Bill text

OFF-HIGHWAY VEHICLE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
Senate Sponsor: 
Kevin T. Van Tassell
LONG TITLE
General Description:
This bill amends provisions of the Motor Vehicle Code relating to off-highway
vehicles. 
Highlighted Provisions:
This bill:
▸ modifies provisions relating to off-highway vehicles and safety requirements;
▸ modifies provisions relating to safety courses; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-22-2
, as last amended by Laws of Utah 2014, Chapter 229
41-22-29
, as last amended by Laws of Utah 2008, Chapter 382
41-22-30
, as last amended by Laws of Utah 2008, Chapter 79
41-22-31
, as last amended by Laws of Utah 2008, Chapter 382
41-22-33
, as last amended by Laws of Utah 2009, Chapter 183
REPEALS AND REENACTS:
41-22-32
, as last amended by Laws of Utah 2005, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-22-2
 is amended to read:
41-22-2.
Definitions.
As used in this chapter:
(1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
the Board of Parks and Recreation.
(2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
tires, having a seat designed to be straddled by the operator, and designed for or capable of
travel over unimproved terrain.
(3) (a) "All-terrain type II vehicle" means any other motor vehicle, not defined in
Subsection (2), (11), or (22), designed for or capable of travel over unimproved terrain.
(b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
carry a person with a disability, any vehicle not specifically designed for recreational use, or
farm tractors as defined under Section 
41-1a-102
.
(4) "Board" means the Board of Parks and Recreation.
(5) "Cross-country" means across natural terrain and off an existing highway, road,
route, or trail.
(6) "Dealer" means a person engaged in the business of selling off-highway vehicles at
wholesale or retail.
(7) "Division" means the Division of Parks and Recreation.
(8) "Low pressure tire" means any pneumatic tire six inches or more in width designed
for use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure of
10 pounds per square inch or less as recommended by the vehicle manufacturer.
(9) "Manufacturer" means a person engaged in the business of manufacturing
off-highway vehicles.
(10) "Motorcycle" means every motor vehicle having a saddle for the use of the
operator and designed to travel on not more than two tires.
(11) (a) "Motor vehicle" means every vehicle which is self-propelled.
(b) "Motor vehicle" includes an off-highway vehicle.
(12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
all-terrain type II vehicle,
 motorcycle, or snowmobile that is used by the owner or the owner's
agent for agricultural operations.
(13) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
all-terrain type II vehicle, or motorcycle.
(14) "Operate" means to control the movement of or otherwise use an off-highway
vehicle.
(15) "Operator" means the person who is in actual physical control of an off-highway
vehicle.
(16) "Organized user group" means an off-highway vehicle organization incorporated
as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
(17) "Owner" means a person, other than a person with a security interest, having a
property interest or title to an off-highway vehicle and entitled to the use and possession of that
vehicle.
(18) "Public land" means land owned or administered by any federal or state agency or
any political subdivision of the state.
(19) "Register" means the act of assigning a registration number to an off-highway
vehicle.
(20) "Roadway" is used as defined in Section 
41-6a-102
.
(21) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
[
(23)
] 
(22)
 "Street-legal all-terrain vehicle" or "street-legal ATV" has the same
meaning as defined in Section 
41-6a-102
.
[
(22)
] 
(23)
 "Street or highway" means the entire width between boundary lines of every
way or place of whatever nature, when any part of it is open to the use of the public for
vehicular travel.
Section 2. Section 
41-22-29
 is amended to read:
41-22-29.
Operation by persons under eight years of age prohibited -- Definitions
-- Exception -- Penalty.
(1) As used in this section:
(a) "Organized practice" means a scheduled [
motorcycle
] 
off-highway vehicle
 practice
held in an off-road vehicle facility designated by the division and conducted by an organization
carrying liability insurance in at least the amounts specified by the division under Subsection
(5) covering all activities associated with the practice.
(b) "Sanctioned race" means [
a motorcycle
] 
an off-highway vehicle
 race conducted on
a closed course and sponsored and sanctioned by an organization carrying liability insurance in
at least the amounts specified by the division under Subsection (5) covering all activities
associated with the race.
(2) Except as provided under Subsection (3), a person under eight years of age may not
operate and an owner may not give another person who is under eight years of age permission
to operate an off-highway vehicle on any public land, trail, street, or highway of this state.
(3) A child under eight years of age may participate in a sanctioned race or organized
practice if:
(a) the child is under the [
immediate
] 
direct
 supervision of an adult 
as described in
Subsection 
41-22-30
(1)
 ; 
and
(b) emergency medical service personnel, as defined in Section 
26-8a-102
, are on the
premises and immediately available to provide assistance at all times during the sanctioned
race or organized practice[
; and
]
.
[
(c) an ambulance provider, as defined in Section 
26-8a-102
, is on the premises and
immediately available to provide assistance for a sanctioned race.
]
(4) Any person convicted of a violation of this section is guilty of an infraction and
shall be fined not more than $50 per offense.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules specifying the minimum amounts of liability coverage for an
organized practice or sanctioned race.
Section 3. Section 
41-22-30
 is amended to read:
41-22-30.
Supervision, safety certificate, or driver license required -- Penalty.
(1) As used in this section, "direct supervision" means oversight at a distance:
(a) of no more than 300 feet; and
(b) within which:
(i) visual contact is maintained; and
(ii) advice and assistance can be given and received.
(2) A person may not operate and an owner may not give that person permission to
operate an off-highway vehicle on any public land, trail, street, or highway of this state unless
the person:
(a) is under the direct supervision of [
a certified
] 
an
 off-highway vehicle safety
instructor during a scheduled safety training course 
approved by the board pursuant to Section
41-22-32
 ;
(b) (i) has in the person's possession the appropriate safety certificate issued or
approved by the division; and
(ii) if under 18 years of age, is under the direct supervision of a person who is at least
18 years of age if operating on a public highway that is:
(A) open to motor vehicles; and
(B) not exclusively reserved for off-highway vehicle use; or
(c) has in the person's immediate possession a valid motor vehicle operator's license, as
provided in Title 53, Chapter 3, Uniform Driver License Act.
(3) (a) A person convicted of a violation of this section is guilty of an infraction and
shall be fined not more than $100 per offense.
(b) It is a defense to a charge under this section, if the person charged:
(i) produces in court a license or an appropriate safety certificate that was:
(A) valid at the time of the citation or arrest; and
(B) issued to the person operating the off-highway vehicle; and
(ii) can show that the direct supervision requirement under Subsection (2)(b) was not
violated at the time of citation or arrest.
(4) The requirements of this section do not apply to an operator of an off-highway
implement of husbandry.
Section 4. Section 
41-22-31
 is amended to read:
41-22-31.
Board to set standards for safety program -- Safety certificates issued --
Cooperation with public and private entities -- State immunity from suit.
(1) [
The
] 
(a) In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 board shall 
make rules that
 establish curriculum standards for a
comprehensive off-highway vehicle safety education and training program and shall implement
this program.
[
(a)
] 
(b)
 The program shall be designed to develop and instill the knowledge, attitudes,
habits, and skills necessary for the safe operation of an off-highway vehicle.
[
(b)
] 
(c)
 Components of the program shall include the preparation and dissemination of
off-highway vehicle information and safety advice to the public and the training of off-highway
vehicle operators.
[
(c)
] 
(d)
 Off-highway vehicle safety certificates shall be issued to those who
successfully complete training or pass the knowledge and skills test established under the
program.
(2) The division shall cooperate with appropriate private organizations and
associations, private and public corporations, and local government units to implement the
program established under this section.
(3) In addition to the governmental immunity granted in Title 63G, Chapter 7,
Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
act, in any capacity relating to the off-highway vehicle safety education and training program. 
The state is also not responsible for any insufficiency or inadequacy in the quality of training
provided by this program.
Section 5. Section 
41-22-32
 is repealed and reenacted to read:
 41-22-32.
Approval of safety courses.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules that establish standards for an off-highway vehicle safety course for
instruction on the safe operation of an off-highway vehicle.
(2) If a private organization meets the standards set by the division under Subsection
(1), the division shall approve the off-highway safety course as compliant with the standards
and purposes of this chapter.
Section 6. Section 
41-22-33
 is amended to read:
41-22-33.
Fees for safety and education program -- Penalty -- Unlawful acts.
(1) [
(a)
] A fee set by the board in accordance with Section 
63J-1-504
 shall be added to
the registration fee required to register an off-highway vehicle under Section 
41-22-8
 to help
fund the off-highway vehicle safety and education program.
[
(b) The division may also collect a fee set by the board in accordance with Section
63J-1-504
 from each person who:
]
[
(i) receives the training and takes the knowledge and skills test for off-highway
vehicle use; or
]
[
(ii) takes the knowledge and skills test for off-highway vehicle use.
]
[
(c)
] 
(2)
 If the board modifies the fee under Subsection (1)[
(a)
], the modification shall
take effect on the first day of the calendar quarter after 90 days from the day on which the
board provides the State Tax Commission:
[
(i)
] 
(a)
 notice from the board stating that the board will modify the fee; and
[
(ii)
] 
(b)
 a copy of the fee modification.
[
(2) (a) To help defray instructors' costs, the division may reimburse volunteer certified
off-highway vehicle safety instructors up to $6 for each student who receives the training and
takes the knowledge and skills test.
]
[
(b) On or before the 10th day of each calendar month, volunteer off-highway vehicle
safety instructors shall report to the division all fees collected and students trained and shall
accompany the report with all money received for off-highway vehicle training.
]
[
(c) If a volunteer off-highway vehicle safety instructor intentionally or negligently
fails to pay the amount due, the division may assess a penalty of 20% of the amount due. All
delinquent payments shall bear interest at the rate of 1% per month. If the amount due is not
paid because of bad faith or fraud, the division shall assess a penalty of 100% of the total due
together with interest.
]
[
(d) All fees collected from students shall be kept separate and apart from private funds
of the instructor and shall at all times belong to the state. In case of an assignment for the
benefit of creditors, receivership, or bankruptcy, the state shall have a preferred claim against
the instructor, receiver, or trustee for all money owing the state for training and shall not be
stopped from asserting the claim by reason of commingling of funds or otherwise.
]
[
(e) A person may not:
]
[
(i) willfully misdate an off-highway vehicle education safety certificate;
]
[
(ii) issue an incomplete certificate; or
]
[
(iii) issue a receipt in lieu of a certificate.
]