Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 149 (2018GS)

Sponsor

Sen. Hinkins, D.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of "all-terrain type II vehicle";
• defines "all-terrain type III vehicle";
• removes the definitions of "full-sized all-terrain vehicle" and "utility type vehicle";
• modifies required equipment for an all-terrain type I vehicle operated as a street-legal ATV; and
• makes technical changes.

Every vote on this bill

Bill text

SPORT VEHICLE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David P. Hinkins
House Sponsor: 
Derrin R. Owens
LONG TITLE
General Description:
This bill defines and amends definitions of certain types of all-terrain vehicles.
Highlighted Provisions:
This bill:
▸ amends the definition of "all-terrain type II vehicle";
▸ defines "all-terrain type III vehicle";
▸ removes the definitions of "full-sized all-terrain vehicle" and "utility type vehicle";
▸ modifies required equipment for an all-terrain type I vehicle operated as a
street-legal ATV; and
 ▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-44.6
, as enacted by Laws of Utah 2015, Chapter 146
13-35-102
, as last amended by Laws of Utah 2016, Chapter 414
17-50-329.5
, as enacted by Laws of Utah 2015, Chapter 146
41-1a-102
, as last amended by Laws of Utah 2016, Chapter 40
41-6a-102
, as last amended by Laws of Utah 2016, Chapters 40 and 173
41-6a-1509
, as last amended by Laws of Utah 2017, Chapters 393 and 406
41-22-2
, as last amended by Laws of Utah 2017, Chapter 38
41-22-5.5
, as last amended by Laws of Utah 2015, Chapters 208 and 412
59-2-405.2
, as last amended by Laws of Utah 2014, Chapter 237
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-44.6
 is amended to read:
10-8-44.6.
Regulation of drive-through facilities.
(1) As used in this section:
(a) "Business" means a private enterprise carried on for the purpose of gain or
economic profit.
(b) (i) "Business lobby" means a public area, including a lobby, dining area, or other
area accessible to the public where business is conducted within a place of business.
(ii) "Business lobby" does not include the area of a business where drive-through
service is conducted.
(c) "Land use application" means the same as that term is defined in Section 
10-9a-103
.
[
(e)
] 
(d)
 (i) "Motor vehicle" means a self-propelled vehicle, including a motorcycle,
intended primarily for use and operation on the highways.
(ii) "Motor vehicle" does not include an off-highway vehicle.
[
(d)
] 
(e)
 "Motorcycle" means a motor vehicle having a saddle for the use of the
operator and designed to travel on not more than two tires.
(f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, [
or
]
all-terrain type II vehicle
, or all-terrain type III vehicle
.
(2) A municipality may not withhold a business license, deny a land use application, or
otherwise require a business that has a drive-through service as a component of its business
operations to:
(a) allow a person other than a person in a motorized vehicle to use the drive-through
service; or
(b) offer designated hours of the day that a customer is accommodated and business is
conducted in the business lobby that are the same as or exceed the hours of the day that a
customer is accommodated and business is conducted in the drive-through service.
Section 2. Section 
13-35-102
 is amended to read:
13-35-102.
Definitions.
As used in this chapter:
(1) "Advisory board" or "board" means the Utah Powersport Vehicle Franchise
Advisory Board created in Section 
13-35-103
.
(2) "Dealership" means a site or location in this state:
(a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
(b) that is identified as a new powersport vehicle dealer's principal place of business
for registration purposes under Section 
13-35-105
.
(3) "Department" means the Department of Commerce.
(4) "Executive director" means the executive director of the Department of Commerce.
(5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
indefinite period, in which:
(a) a person grants to another person a license to use a trade name, trademark, service
mark, or related characteristic; and
(b) a community of interest exists in the marketing of new powersport vehicles, new
powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at
wholesale or retail.
(6) "Franchisee" means a person with whom a franchisor has agreed or permitted, in
writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,
produced, represented, or distributed by the franchisor.
(7) (a) "Franchisor" means a person who has, in writing or in practice, agreed with or
permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured,
produced, represented, or distributed by the franchisor, and includes:
(i) the manufacturer or distributor of the new powersport vehicles;
(ii) an intermediate distributor;
(iii) an agent, officer, or field or area representative of the franchisor; and
(iv) a person who is affiliated with a manufacturer or a representative or who directly
or indirectly through an intermediary is controlled by, or is under common control with the
manufacturer.
(b) For purposes of Subsection (7)(a)(iv), a person is controlled by a manufacturer if
the manufacturer has the authority directly or indirectly by law or by an agreement of the
parties, to direct or influence the management and policies of the person.
(8) "Lead" means the referral by a franchisor to a franchisee of an actual or potential
customer for the purchase or lease of a new powersport vehicle, or for service work related to
the franchisor's vehicles.
(9) "Line-make" means the powersport vehicles that are offered for sale, lease, or
distribution under a common name, trademark, service mark, or brand name of the franchisor,
or manufacturer of the powersport vehicle.
(10) "New powersport vehicle dealer" means a person who is engaged in the business
of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or
on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place
of business for the sale, lease, trade, or display of powersport vehicles.
(11) "Notice" or "notify" includes both traditional written communications and all
reliable forms of electronic communication unless expressly prohibited by statute or rule.
(12) (a) "Powersport vehicle" means:
(i) an all-terrain type I [
or
]
,
 type II
, or type III
 vehicle "ATV" defined in Section
41-22-2
;
(ii) a snowmobile as defined in Section 
41-22-2
;
(iii) a motorcycle as defined in Section 
41-1a-102
;
(iv) a personal watercraft as defined in Section 
73-18-2
;
(v) except as provided in Subsection (12)(b), a motor-driven cycle as defined in
Section 
41-6a-102
; or
(vi) a moped as defined in Section 
41-6a-102
.
(b) "Powersport vehicle" does not include:
(i) an electric assisted bicycle defined in Section 
41-6a-102
;
(ii) a motor assisted scooter as defined in Section 
41-6a-102
; or
(iii) an electric personal assistive mobility device as defined in Section 
41-6a-102
.
(13) "Relevant market area" means:
(a) for a powersport dealership in a county that has a population of less than 225,000:
(i) the county in which the powersport dealership exists or is to be established or
relocated; and
(ii) in addition to the county described in Subsection (13)(a)(i), the area within a
15-mile radius from the site of the existing, new, or relocated dealership; or
(b) for a powersport dealership in a county that has a population of 225,000 or more,
the area within a 10-mile radius from the site of the existing, new, or relocated dealership.
(14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest
in a franchise, with or without consideration, including a bequest, inheritance, gift, exchange,
lease, or license.
(15) "Serve" or "served," unless expressly indicated otherwise by statute or rule,
includes any reliable form of communication.
(16) "Written," "write," "in writing," or other variations of those terms shall include all
reliable forms of electronic communication.
Section 3. Section 
17-50-329.5
 is amended to read:
17-50-329.5.
Regulation of drive-through facilities.
(1) As used in this section:
(a) "Business" means a private enterprise carried on for the purpose of gain or
economic profit.
(b) (i) "Business lobby" means a public area, including a lobby, dining area, or other
area accessible to the public where business is conducted within a place of business.
(ii) "Business lobby" does not include the area of a business where drive-through
service is conducted.
(c) "Land use application" means the same as that term is defined in Section
17-27a-103
.
[
(e)
] 
(d)
 (i) "Motor vehicle" means a self-propelled vehicle, including a motorcycle,
intended primarily for use and operation on the highways.
(ii) "Motor vehicle" does not include an off-highway vehicle.
[
(d)
] 
(e)
 "Motorcycle" means a motor vehicle having a saddle for the use of the
operator and designed to travel on not more than two tires.
(f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, [
or
]
all-terrain type II vehicle
, or all-terrain type III vehicle
.
(2) A county may not withhold a business license, deny a land use application, or
otherwise require a business that has a drive-through service as a component of its business
operations to:
(a) allow a person other than a person in a motorized vehicle to use the drive-through
service; or
(b) offer designated hours of the day that a customer is accommodated and business is
conducted in the business lobby that are the same as or exceed the hours of the day that a
customer is accommodated and business is conducted in the drive-through service.
Section 4. Section 
41-1a-102
 is amended to read:
41-1a-102.
Definitions.
As used in this chapter:
(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3) "All-terrain type I vehicle" [
has the same meaning provided
] 
means the same as that
term is defined
 in Section 
41-22-2
.
(4) "All-terrain type II vehicle" [
has the same meaning provided
] 
means the same as
that term is defined
 in Section 
41-22-2
.
(5) "All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
[
(5)
] 
(6)
 "Amateur radio operator" means any person licensed by the Federal
Communications Commission to engage in private and experimental two-way radio operation
on the amateur band radio frequencies.
[
(6)
] 
(7)
 "Autocycle" means the same as that term is defined in Section 
53-3-102
.
[
(7)
] 
(8)
 "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
(c) not restored to operation.
[
(8)
] 
(9)
 "Camper" means any structure designed, used, and maintained primarily to be
mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
[
(9)
] 
(10)
 "Certificate of title" means a document issued by a jurisdiction to establish a
record of ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
[
(10)
] 
(11)
 "Certified scale weigh ticket" means a weigh ticket that has been issued by
a weighmaster.
[
(11)
] 
(12)
 "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
maintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
[
(12)
] 
(13)
 "Commission" means the State Tax Commission.
[
(13)
] 
(14)
 "Dealer" means a person engaged or licensed to engage in the business of
buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright
or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an
established place of business for the sale, lease, trade, or display of vehicles, vessels, or
outboard motors.
[
(14)
] 
(15)
 "Division" means the Motor Vehicle Division of the commission, created in
Section 
41-1a-106
.
[
(15)
] 
(16)
 "Essential parts" means all integral and body parts of a vehicle of a type
required to be registered in this state, the removal, alteration, or substitution of which would
tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or
mode of operation.
[
(16)
] 
(17)
 "Farm tractor" means every motor vehicle designed and used primarily as a
farm implement for drawing plows, mowing machines, and other implements of husbandry.
[
(17)
] 
(18)
 (a) "Farm truck" means a truck used by the owner or operator of a farm
solely for [
his
] 
the owner's or operator's
 own use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and every other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
[
(18)
] 
(19)
 "Fleet" means one or more commercial vehicles.
[
(19)
] 
(20)
 "Foreign vehicle" means a vehicle of a type required to be registered,
brought into this state from another state, territory, or country other than in the ordinary course
of business by or through a manufacturer or dealer, and not registered in this state.
[
(20)
] 
(21)
 "Gross laden weight" means the actual weight of a vehicle or combination
of vehicles, equipped for operation, to which shall be added the maximum load to be carried.
[
(21)
] 
(22)
 "Highway" or "street" means the entire width between property lines of
every way or place of whatever nature when any part of it is open to the public, as a matter of
right, for purposes of vehicular traffic.
[
(22)
] 
(23)
 (a) "Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
motor.
(b) "Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
[
(23)
] 
(24)
 "Implement of husbandry" means every vehicle designed or adapted and
used exclusively for an agricultural operation and only incidentally operated or moved upon the
highways.
[
(24)
] 
(25)
 (a) "In-state miles" means the total number of miles operated in this state
during the preceding year by fleet power units.
(b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the preceding
year.
[
(25)
] 
(26)
 "Interstate vehicle" means any commercial vehicle operated in more than
one state, province, territory, or possession of the United States or foreign country.
[
(26)
] 
(27)
 "Jurisdiction" means a state, district, province, political subdivision,
territory, or possession of the United States or any foreign country.
[
(27)
] 
(28)
 "Lienholder" means a person with a security interest in particular property.
[
(28)
] 
(29)
 "Manufactured home" means a transportable factory built housing unit
constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is
eight body feet or more in width or 40 body feet or more in length, or when erected on site, is
400 or more square feet, and which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and electrical systems.
[
(29)
] 
(30)
 "Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
[
(30)
] 
(31)
 "Mobile home" means a transportable factory built housing unit built prior
to June 15, 1976, in accordance with a state mobile home code which existed prior to the
Federal Manufactured Housing and Safety Standards Act (HUD Code).
[
(33)
] 
(32)
 (a) "Motor vehicle" means a self-propelled vehicle intended primarily for
use and operation on the highways.
(b) "Motor vehicle" does not include an off-highway vehicle.
[
(31)
] 
(33)
 "Motorboat" has the same meaning as provided in Section 
73-18-2
.
[
(32)
] 
(34)
 "Motorcycle" means:
(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b) an autocycle.
[
(34)
] 
(35)
 (a) "Nonresident" means a person who is not a resident of this state as
defined by Section 
41-1a-202
, and who does not engage in intrastate business within this state
and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
considered a resident of this state, insofar as that vehicle is concerned in administering this
chapter.
[
(35)
] 
(36)
 "Odometer" means a device for measuring and recording the actual distance
a vehicle travels while in operation, but does not include any auxiliary odometer designed to be
periodically reset.
[
(36)
] 
(37)
 "Off-highway implement of husbandry" has the same meaning as provided
in Section 
41-22-2
.
[
(37)
] 
(38)
 "Off-highway vehicle" has the same meaning as provided in Section
41-22-2
.
[
(38)
] 
(39)
 "Operate" means to drive or be in actual physical control of a vehicle or to
navigate a vessel.
[
(39)
] 
(40)
 "Outboard motor" means a detachable self-contained propulsion unit,
excluding fuel supply, used to propel a vessel.
[
(40)
] 
(41)
 (a) "Owner" means a person, other than a lienholder, holding title to a
vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
subject to a security interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment
sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in the conditional
vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
chapter.
(c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
owner until the lessee exercises [
his
] 
the lessee's
 option to purchase the vehicle.
[
(41)
] 
(42)
 "Park model recreational vehicle" means a unit that:
(a) is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b) is not permanently affixed to real property for use as a permanent dwelling;
(c) requires a special highway movement permit for transit; and
(d) is built on a single chassis mounted on wheels with a gross trailer area not
exceeding 400 square feet in the setup mode.
[
(42)
] 
(43)
 "Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
to the vehicle by the division.
[
(43)
] 
(44)
 (a) "Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
[
(44)
] 
(45)
 "Pneumatic tire" means every tire in which compressed air is designed to
support the load.
[
(45)
] 
(46)
 "Preceding year" means a period of 12 consecutive months fixed by the
division that is within 16 months immediately preceding the commencement of the registration
or license year in which proportional registration is sought. The division in fixing the period
shall conform it to the terms, conditions, and requirements of any applicable agreement or
arrangement for the proportional registration of vehicles.
[
(46)
] 
(47)
 "Public garage" means every building or other place where vehicles or
vessels are kept and stored and where a charge is made for the storage and keeping of vehicles
and vessels.
[
(47)
] 
(48)
 "Receipt of surrender of ownership documents" means the receipt of
surrender of ownership documents described in Section 
41-1a-503
.
[
(48)
] 
(49)
 "Reconstructed vehicle" means every vehicle of a type required to be
registered in this state that is materially altered from its original construction by the removal,
addition, or substitution of essential parts, new or used.
[
(49)
] 
(50)
 "Recreational vehicle" has the same meaning as provided in Section
13-14-102
.
[
(50)
] 
(51)
 "Registration" means a document issued by a jurisdiction that allows
operation of a vehicle or vessel on the highways or waters of this state for the time period for
which the registration is valid and that is evidence of compliance with the registration
requirements of the jurisdiction.
[
(51)
] 
(52)
 (a) "Registration year" means a 12 consecutive month period commencing
with the completion of all applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the
division may prescribe a different 12-month period.
[
(52)
] 
(53)
 "Repair or replacement" means the restoration of vehicles, vessels, or
outboard motors to a sound working condition by substituting any inoperative part of the
vehicle, vessel, or outboard motor, or by correcting the inoperative part.
[
(53)
] 
(54)
 "Replica vehicle" means:
(a) a street rod that meets the requirements under Subsection 
41-21-1
(3)(a)(i)(B); or
(b) a custom vehicle that meets the requirements under Subsection
41-6a-1507
(1)(a)(i)(B).
[
(54)
] 
(55)
 "Road tractor" means every motor vehicle designed and used for drawing
other vehicles and constructed so it does not carry any load either independently or any part of
the weight of a vehicle or load that is drawn.
[
(55)
] 
(56)
 "Sailboat" means the same as that term is defined in Section 
73-18-2
.
[
(56)
] 
(57)
 "Security interest" means an interest that is reserved or created by a security
agreement to secure the payment or performance of an obligation and that is valid against third
parties.
[
(57)
] 
(58)
 "Semitrailer" means every vehicle without motive power designed for
carrying persons or property and for being drawn by a motor vehicle and constructed so that
some part of its weight and its load rests or is carried by another vehicle.
[
(58)
] 
(59)
 "Special group license plate" means a type of license plate designed for a
particular group of people or a license plate authorized and issued by the division in accordance
with Section 
41-1a-418
.
[
(59)
] 
(60)
 (a) "Special interest vehicle" means a vehicle used for general
transportation purposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b) In making a determination under Subsection [
(59)
] 
(60)
 (a), the division director
shall give special consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its significance is
being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
leisure pursuit.
[
(60)
] 
(61)
 (a) "Special mobile equipment" means every vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
(c) "Special mobile equipment" does not include a commercial vehicle as defined
under Section 
72-9-102
.
[
(61)
] 
(62)
 "Specially constructed vehicle" means every vehicle of a type required to be
registered in this state, not originally constructed under a distinctive name, make, model, or
type by a generally recognized manufacturer of vehicles, and not materially altered from its
original construction.
[
(62)
] 
(63)
 "Title" means the right to or ownership of a vehicle, vessel, or outboard
motor.
[
(63)
] 
(64)
 (a) "Total fleet miles" means the total number of miles operated in all
jurisdictions during the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
the number of miles that those vehicles were towed on the highways of all jurisdictions during
the preceding year.
[
(64)
] 
(65)
 "Trailer" means a vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and constructed so that no part of
its weight rests upon the towing vehicle.
[
(65)
] 
(66)
 "Transferee" means a person to whom the ownership of property is
conveyed by sale, gift, or any other means except by the creation of a security interest.
[
(66)
] 
(67)
 "Transferor" means a person who transfers [
his
] 
the person's
 ownership in
property by sale, gift, or any other means except by creation of a security interest.
[
(67)
] 
(68)
 "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
vacation use that does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
[
(68)
] 
(69)
 "Truck tractor" means a motor vehicle designed and used primarily for
drawing other vehicles and not constructed to carry a load other than a part of the weight of the
vehicle and load that is drawn.
[
(69)
] 
(70)
 "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
camper, park model recreational vehicle, manufactured home, and mobile home.
[
(70)
] 
(71)
 "Vessel" means the same as that term is defined in Section 
73-18-2
.
[
(71)
] 
(72)
 "Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
[
(72)
] 
(73)
 "Waters of this state" means the same as that term is defined in Section
73-18-2
.
[
(73)
] 
(74)
 "Weighmaster" means a person, association of persons, or corporation
permitted to weigh vehicles under this chapter.
Section 5. Section 
41-6a-102
 is amended to read:
41-6a-102.
Definitions.
As used in this chapter:
(1) "Alley" means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for through vehicular traffic.
(2) "All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(3) "Authorized emergency vehicle" includes:
(a) fire department vehicles;
(b) police vehicles;
(c) ambulances; and
(d) other publicly or privately owned vehicles as designated by the commissioner of the
Department of Public Safety.
(4) "Autocycle" means the same as that term is defined in Section 
53-3-102
.
(5) (a) "Bicycle" means a wheeled vehicle:
(i) propelled by human power by feet or hands acting upon pedals or cranks;
(ii) with a seat or saddle designed for the use of the operator;
(iii) designed to be operated on the ground; and
(iv) whose wheels are not less than 14 inches in diameter.
(b) "Bicycle" includes an electric assisted bicycle.
(c) "Bicycle" does not include scooters and similar devices.
(6) (a) "Bus" means a motor vehicle:
(i) designed for carrying more than 15 passengers and used for the transportation of
persons; or
(ii) designed and used for the transportation of persons for compensation.
(b) "Bus" does not include a taxicab.
(7) (a) "Circular intersection" means an intersection that has an island, generally
circular in design, located in the center of the intersection where traffic passes to the right of
the island.
(b) "Circular intersection" includes:
(i) roundabouts;
(ii) rotaries; and
(iii) traffic circles.
(8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(i).
(9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(ii).
(10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
Subsection (17)(d)(iii). 
(11) "Commissioner" means the commissioner of the Department of Public Safety.
(12) "Controlled-access highway" means a highway, street, or roadway:
(a) designed primarily for through traffic; and
(b) to or from which owners or occupants of abutting lands and other persons have no
legal right of access, except at points as determined by the highway authority having
jurisdiction over the highway, street, or roadway.
(13) "Crosswalk" means:
(a) that part of a roadway at an intersection included within the connections of the
lateral lines of the sidewalks on opposite sides of the highway measured from:
(i) (A) the curbs; or
(B) in the absence of curbs, from the edges of the traversable roadway; and
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
included within the extension of the lateral lines of the existing sidewalk at right angles to the
centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
(14) "Department" means the Department of Public Safety.
(15) "Direct supervision" means oversight at a distance within which:
(a) visual contact is maintained; and
(b) advice and assistance can be given and received.
(16) "Divided highway" means a highway divided into two or more roadways by:
(a) an unpaved intervening space;
(b) a physical barrier; or
(c) a clearly indicated dividing section constructed to impede vehicular traffic.
(17) "Electric assisted bicycle" means a bicycle with an electric motor that:
(a) has a power output of not more than 750 watts;
(b) has fully operable pedals on permanently affixed cranks;
(c) is fully operable as a bicycle without the use of the electric motor; and
(d) is one of the following:
(i) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling; and
(B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
hour;
(ii) an electric assisted bicycle equipped with a motor or electronics that:
(A) may be used exclusively to propel the bicycle; and
(B) is not capable of providing assistance when the bicycle reaches the speed of 20
miles per hour; or
(iii) an electric assisted bicycle equipped with a motor or electronics that:
(A) provides assistance only when the rider is pedaling;
(B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
hour; and
(C) is equipped with a speedometer. 
(18) (a) "Electric personal assistive mobility device" means a self-balancing device
with:
(i) two nontandem wheels in contact with the ground;
(ii) a system capable of steering and stopping the unit under typical operating
conditions;
(iii) an electric propulsion system with average power of one horsepower or 750 watts;
(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
(v) a deck design for a person to stand while operating the device.
(b) "Electric personal assistive mobility device" does not include a wheelchair.
(19) "Explosives" means any chemical compound or mechanical mixture commonly
used or intended for the purpose of producing an explosion and that contains any oxidizing and
combustive units or other ingredients in proportions, quantities, or packing so that an ignition
by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of causing death or serious
bodily injury.
(20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
as determined by a tagliabue or equivalent closed-cup test device.
(22) "Freeway" means a controlled-access highway that is part of the interstate system
as defined in Section 
72-1-102
.
[
(23) (a) "Full-sized all-terrain vehicle" means any recreational vehicle designed for
and capable of travel over unimproved terrain:
]
[
(i) traveling on four or more tires;
]
[
(ii) having a width that, when measured at the widest point of the vehicle:
]
[
(A) is not less than 55 inches; or
]
[
(B) does not exceed 92 inches;
]
[
(iii) having an unladen dry weight of 6,500 pounds or less;
]
[
(iv) having a maximum seat height of 50 inches when measured at the forward edge of
the seat bottom; and
]
[
(v) having a steering wheel for control.
]
[
(b) "Full-sized all-terrain vehicle" does not include:
]
[
(i) all-terrain type I vehicle;
]
[
(ii) a utility type vehicle;
]
[
(iii) a motorcycle; or
]
[
(iv) a snowmobile as defined in Section 
41-22-2
.
]
[
(24)
] 
(23)
 "Gore area" means the area delineated by two solid white lines that is
between a continuing lane of a through roadway and a lane used to enter or exit the continuing
lane including similar areas between merging or splitting highways.
[
(25)
] 
(24)
 "Gross weight" means the weight of a vehicle without a load plus the
weight of any load on the vehicle.
[
(26)
] 
(25)
 "Highway" means the entire width between property lines of every way or
place of any nature when any part of it is open to the use of the public as a matter of right for
vehicular travel.
[
(27)
] 
(26)
 "Highway authority" means the same as that term is defined in Section
72-1-102
.
[
(28)
] 
(27)
 (a) "Intersection" means the area embraced within the prolongation or
connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
of two or more highways which join one another.
(b) Where a highway includes two roadways 30 feet or more apart:
(i) every crossing of each roadway of the divided highway by an intersecting highway
is a separate intersection; and
(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of the highways is a separate intersection.
(c) "Intersection" does not include the junction of an alley with a street or highway.
[
(29)
] 
(28)
 "Island" means an area between traffic lanes or at an intersection for control
of vehicle movements or for pedestrian refuge designated by:
(a) pavement markings, which may include an area designated by two solid yellow
lines surrounding the perimeter of the area;
(b) channelizing devices;
(c) curbs;
(d) pavement edges; or
(e) other devices.
[
(30)
] 
(29)
 "Law enforcement agency" means the same as that term is as defined in
Section 
53-1-102
.
[
(31)
] 
(30)
 "Limited access highway" means a highway:
(a) that is designated specifically for through traffic; and
(b) over, from, or to which neither owners nor occupants of abutting lands nor other
persons have any right or easement, or have only a limited right or easement of access, light,
air, or view.
[
(32)
] 
(31)
 "Local highway authority" means the legislative, executive, or governing
body of a county, municipal, or other local board or body having authority to enact laws
relating to traffic under the constitution and laws of the state.
[
(33)
] 
(32)
 (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
(i) is designed to be operated at speeds of not more than 25 miles per hour; and
(ii) has a capacity of not more than four passengers, including the driver.
(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
[
(34)
] 
(33)
 "Metal tire" means a tire, the surface of which in contact with the highway
is wholly or partly of metal or other hard nonresilient material.
[
(35)
] 
(34)
 (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
seat or saddle that is less than 24 inches from the ground as measured on a level surface with
properly inflated tires.
(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
(c) "Mini-motorcycle" does not include a motorcycle that is:
(i) designed for off-highway use; and
(ii) registered as an off-highway vehicle under Section 
41-22-3
.
[
(36)
] 
(35)
 "Mobile home" means:
(a) a trailer or semitrailer that is:
(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
place either permanently or temporarily; and
(ii) equipped for use as a conveyance on streets and highways; or
(b) a trailer or a semitrailer whose chassis and exterior shell is designed and
constructed for use as a mobile home, as defined in Subsection [
(36)
] 
(35)
(a), but that is
instead used permanently or temporarily for:
(i) the advertising, sale, display, or promotion of merchandise or services; or
(ii) any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
[
(37)
] 
(36)
 (a) "Moped" means a motor-driven cycle having:
(i) pedals to permit propulsion by human power; and
(ii) a motor that:
(A) produces not more than two brake horsepower; and
(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
level ground.
(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters and the moped shall have a power drive system that functions directly or
automatically without clutching or shifting by the operator after the drive system is engaged.
(c) "Moped" includes a motor assisted scooter.
(d) "Moped" does not include an electric assisted bicycle.
[
(38)
] 
(37)
 (a) "Motor assisted scooter" means a self-propelled device with:
(i) at least two wheels in contact with the ground;
(ii) a braking system capable of stopping the unit under typical operating conditions;
(iii) a gas or electric motor not exceeding 40 cubic centimeters;
(iv) either:
(A) a deck design for a person to stand while operating the device; or
(B) a deck and seat designed for a person to sit, straddle, or stand while operating the
device; and
(v) a design for the ability to be propelled by human power alone.
(b) "Motor assisted scooter" does not include an electric assisted bicycle.
[
(41)
] 
(38)
 (a) "Motor vehicle" means a vehicle that is self-propelled and every vehicle
which is propelled by electric power obtained from overhead trolley wires, but not operated
upon rails.
(b) "Motor vehicle" does not include vehicles moved solely by human power,
motorized wheelchairs, an electric personal assistive mobility device, or an electric assisted
bicycle.
(39) "Motorcycle" means:
(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
and designed to travel with not more than three wheels in contact with the ground; or
(b) an autocycle.
(40) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped, motor
assisted scooter, and every motorized bicycle having:
(i) an engine with less than 150 cubic centimeters displacement; or
(ii) a motor that produces not more than five horsepower.
(b) "Motor-driven cycle" does not include:
(i) an electric personal assistive mobility device; or
(ii) an electric assisted bicycle.
[
(42)
] 
(41)
 "Off-highway implement of husbandry" means the same as that term is
defined under Section 
41-22-2
.
[
(43)
] 
(42)
 "Off-highway vehicle" means the same as that term is defined under Section
41-22-2
.
[
(44)
] 
(43)
 "Operator" means a person who is in actual physical control of a vehicle.
[
(45)
] 
(44)
 (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle
is occupied or not.
(b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
purpose of and while actually engaged in loading or unloading property or passengers.
[
(46)
] 
(45)
 "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
traffic laws.
[
(47)
] 
(46)
 "Pedestrian" means a person traveling:
(a) on foot; or
(b) in a wheelchair.
[
(48)
] 
(47)
 "Pedestrian traffic-control signal" means a traffic-control signal used to
regulate pedestrians.
[
(49)
] 
(48)
 "Person" means every natural person, firm, copartnership, association, or
corporation.
[
(50)
] 
(49)
 "Pole trailer" means every vehicle without motive power:
(a) designed to be drawn by another vehicle and attached to the towing vehicle by
means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
(b) that is ordinarily used for transporting long or irregular shaped loads including
poles, pipes, or structural members generally capable of sustaining themselves as beams
between the supporting connections.
[
(51)
] 
(50)
 "Private road or driveway" means every way or place in private ownership
and used for vehicular travel by the owner and those having express or implied permission
from the owner, but not by other persons.
[
(52)
] 
(51)
 "Railroad" means a carrier of persons or property upon cars operated on
stationary rails.
[
(53)
] 
(52)
 "Railroad sign or signal" means a sign, signal, or device erected by
authority of a public body or official or by a railroad and intended to give notice of the presence
of railroad tracks or the approach of a railroad train.
[
(54)
] 
(53)
 "Railroad train" means a locomotive propelled by any form of energy,
coupled with or operated without cars, and operated upon rails.
[
(55)
] 
(54)
 "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
lawful manner in preference to another vehicle or pedestrian approaching under circumstances
of direction, speed, and proximity that give rise to danger of collision unless one grants
precedence to the other.
[
(56)
] 
(55)
 (a) "Roadway" means that portion of highway improved, designed, or
ordinarily used for vehicular travel.
(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
them are used by persons riding bicycles or other human-powered vehicles.
(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
a highway includes two or more separate roadways.
[
(57)
] 
(56)
 "Safety zone" means the area or space officially set apart within a roadway
for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone.
[
(58)
] 
(57)
 (a) "School bus" means a motor vehicle that:
(i) complies with the color and identification requirements of the most recent edition of
"Minimum Standards for School Buses"; and
(ii) is used to transport school children to or from school or school activities.
(b) "School bus" does not include a vehicle operated by a common carrier in
transportation of school children to or from school or school activities.
[
(59)
] 
(58)
 (a) "Semitrailer" means a vehicle with or without motive power:
(i) designed for carrying persons or property and for being drawn by a motor vehicle;
and
(ii) constructed so that some part of its weight and that of its load rests on or is carried
by another vehicle.
(b) "Semitrailer" does not include a pole trailer.
[
(60)
] 
(59)
 "Shoulder area" means:
(a) that area of the hard-surfaced highway separated from the roadway by a pavement
edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
or
(b) that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and for lateral support.
[
(61)
] 
(60)
 "Sidewalk" means that portion of a street between the curb lines, or the
lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
[
(62)
] 
(61)
 "Solid rubber tire" means a tire of rubber or other resilient material that
does not depend on compressed air for the support of the load.
[
(63)
] 
(62)
 "Stand" or "standing" means the temporary halting of a vehicle, whether
occupied or not, for the purpose of and while actually engaged in receiving or discharging
passengers.
[
(64)
] 
(63)
 "Stop" when required means complete cessation from movement.
[
(65)
] 
(64)
 "Stop" or "stopping" when prohibited means any halting even momentarily
of a vehicle, whether occupied or not, except when:
(a) necessary to avoid conflict with other traffic; or
(b) in compliance with the directions of a peace officer or traffic-control device.
[
(66)
] 
(65)
 "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
type I vehicle, [
utility type vehicle, or full-sized all-terrain vehicle
] 
all-terrain type II vehicle, or
all-terrain type III vehicle,
 that is modified to meet the requirements of Section 
41-6a-1509
 to
operate on highways in the state in accordance with Section 
41-6a-1509
.
[
(67)
] 
(66)
 "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
conveyances either singly or together while using any highway for the purpose of travel.
[
(70)
] 
(67)
 "Traffic signal preemption device" means an instrument or mechanism
designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
(68) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
with this chapter placed or erected by a highway authority for the purpose of regulating,
warning, or guiding traffic.
(69) "Traffic-control signal" means a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
[
(71)
] 
(70)
 (a) "Trailer" means a vehicle with or without motive power designed for
carrying persons or property and for being drawn by a motor vehicle and constructed so that no
part of its weight rests upon the towing vehicle.
(b) "Trailer" does not include a pole trailer.
[
(72)
] 
(71)
 "Truck" means a motor vehicle designed, used, or maintained primarily for
the transportation of property.
[
(73)
] 
(72)
 "Truck tractor" means a motor vehicle:
(a) designed and used primarily for drawing other vehicles; and
(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
tractor.
[
(74)
] 
(73)
 "Two-way left turn lane" means a lane:
(a) provided for vehicle operators making left turns in either direction;
(b) that is not used for passing, overtaking, or through travel; and
(c) that has been indicated by a lane traffic-control device that may include lane
markings.
[
(75)
] 
(74)
 "Urban district" means the territory contiguous to and including any street,
in which structures devoted to business, industry, or dwelling houses are situated at intervals of
less than 100 feet, for a distance of a quarter of a mile or more.
[
(76) (a) "Utility type vehicle" means any recreational vehicle designed for and capable
of travel over unimproved terrain:
]
[
(i) traveling on four or more tires;
]
[
(ii) having a width that, when measured at the widest point of the vehicle:
]
[
(A) is not less than 30 inches; or
]
[
(B) does not exceed 70 inches;
]
[
(iii) having an unladen dry weight of 2,200 pounds or less;
]
[
(iv) having a seat height of 20 to 40 inches when measured at the forward edge of the
seat bottom; and
]
[
(v) having side-by-side seating with a steering wheel for control.
]
[
(b) "Utility type vehicle" does not include:
]
[
(i) an all-terrain type I vehicle;
]
[
(ii) a motorcycle; or
]
[
(iii) a snowmobile as defined in Section 
41-22-2
.
]
[
(77)
] 
(75)
 "Vehicle" means a device in, on, or by which a person or property is or may
be transported or drawn on a highway, except devices used exclusively on stationary rails or
tracks.
Section 6. Section 
41-6a-1509
 is amended to read:
41-6a-1509.
Street-legal all-terrain vehicle -- Operation on highways --
Registration and licensing requirements -- Equipment requirements.
(1) (a) An all-terrain type I vehicle, [
utility type vehicle, or full-sized all-terrain vehicle
]
all-terrain type II vehicle, or all-terrain type III vehicle,
 that meets the requirements of this
section may be operated as a street-legal ATV on a street or highway unless:
(i) the highway is an interstate freeway as defined in Section 
41-6a-102
; or
(ii) (A) the highway is in a county of the first class;
(B) the highway is near a grade separated portion of the highway;
(C) the highway has a posted speed limit of 50 miles per hour or greater; and
(D) the highway authority with jurisdiction over the highway has designated a portion
of a highway as closed to street-legal ATVs.
(b) The restriction to street-legal ATVs described in Subsection (1)(a)(ii) is effective
when appropriate signs giving notice are erected on the highway or portion of the highway. 
(c) Nothing in this section authorizes the operation of a street-legal ATV in an area that
is not open to motor vehicle use.
(2) A street-legal ATV shall comply with Subsection 
41-1a-205
(1), Subsection
53-8-205
(1)(b), and the same requirements as:
(a) a motorcycle for:
(i) traffic rules under Title 41, Chapter 6a, Traffic Code;
(ii) registration, titling, odometer statement, vehicle identification, license plates, and
registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
(iii) fees in lieu of property taxes or in lieu of fees under Section 
59-2-405.2
; and
(iv) the county motor vehicle emissions inspection and maintenance programs under
Section 
41-6a-1642
;
(b) a motor vehicle for:
(i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
(ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
Motor Vehicle Owners and Operators Act; and
(c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
Regulation Act, unless otherwise specified in this section.
(3) (a) The owner of an all-terrain type I vehicle [
or a utility type vehicle
] being
operated as a street-legal ATV shall ensure that the vehicle is equipped with:
(i) one or more headlamps that meet the requirements of Section 
41-6a-1603
;
(ii) one or more tail lamps;
(iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
with a white light;
(iv) one or more red reflectors on the rear;
(v) one or more stop lamps on the rear;
(vi) amber or red electric turn signals, one on each side of the front and rear;
(vii) a braking system, other than a parking brake, that meets the requirements of
Section 
41-6a-1623
;
(viii) a horn or other warning device that meets the requirements of Section
41-6a-1625
;
(ix) a muffler and emission control system that meets the requirements of Section
41-6a-1626
;
(x) rearview mirrors on the right and left side of the driver in accordance with Section
41-6a-1627
;
(xi) a windshield, unless the operator wears eye protection while operating the vehicle;
(xii) a speedometer, illuminated for nighttime operation;
(xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
seat designed for passengers, including a footrest and handhold for each passenger; 
and
[
(xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
]
[
(xv)
] 
(xiv)
 tires that:
(A) are not larger than the tires that the all-terrain vehicle manufacturer made available
for the all-terrain vehicle model; and
(B) have at least 2/32 inches or greater tire tread.
(b) The owner of [
a full-sized
] 
an
 all-terrain 
type II
 vehicle 
or all-terrain type III vehicle
being operated as a street-legal all-terrain vehicle shall ensure that the vehicle is equipped with:
(i) two headlamps that meet the requirements of Section 
41-6a-1603
;
(ii) two tail lamps;
(iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
with a white light;
(iv) one or more red reflectors on the rear;
(v) two stop lamps on the rear;
(vi) amber or red electric turn signals, one on each side of the front and rear;
(vii) a braking system, other than a parking brake, that meets the requirements of
Section 
41-6a-1623
;
(viii) a horn or other warning device that meets the requirements of Section
41-6a-1625
;
(ix) a muffler and emission control system that meets the requirements of Section
41-6a-1626
;
(x) rearview mirrors on the right and left side of the driver in accordance with Section
41-6a-1627
;
(xi) a windshield, unless the operator wears eye protection while operating the vehicle;
(xii) a speedometer, illuminated for nighttime operation;
(xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
seat designed for passengers[
, including a footrest and handhold for each passenger
];
(xiv) for vehicles with side-by-side 
or tandem
 seating, seatbelts for each vehicle
occupant; [
and
]
(xv) a seat with a height between 20 and 40 inches when measured at the forward edge
of the seat bottom; and
[
(xv)
] 
(xvi)
 tires that:
(A) do not exceed 44 inches in height; and
(B) have at least 2/32 inches or greater tire tread.
(c) The owner of a street-legal all-terrain vehicle is not required to equip the vehicle
with wheel covers, mudguards, flaps, or splash aprons.
(4) (a) Subject to the requirements of Subsection (4)(b), an operator of a street-legal
all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway, may not
exceed the lesser of:
(i) the posted speed limit; or
(ii) 50 miles per hour.
(b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
all-terrain vehicle on a highway with a posted speed limit higher than 50 miles per hour, shall:
(i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
roadway; and
(ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
and back of both sides of the vehicle.
(5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
operated on the highways of another state has the same rights and privileges as a street-legal
ATV that is granted operating privileges on the highways of this state, subject to the
restrictions under this section and rules made by the Board of Parks and Recreation, if the other
state offers reciprocal operating privileges to Utah residents.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
privileges for nonresident users granted under Subsection (5)(a).
(6) Nothing in this chapter restricts the owner of an off-highway vehicle from operating
the off-highway vehicle in accordance with Section 
41-22-10.5
.
(7) A violation of this section is an infraction.
Section 7. 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 motor vehicle 80 inches or less in width,
traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a
rollover protection system, and designed for or capable of travel over unimproved terrain, and
is:
(i) an electric-powered vehicle; or
(ii) a vehicle powered by an internal combustion engine and has an unladen dry weight
of 2,500 pounds or less.
(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
.
[
(3)
] 
(4)
 (a) "All-terrain type [
II
] 
III
 vehicle" means any other motor vehicle, not
defined in Subsection (2), [
(10), or (21)
] 
(3), (12), or (22)
, designed for or capable of travel
over unimproved terrain.
(b) "All-terrain type [
II
] 
III
 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)
] 
(5)
 "Board" means the Board of Parks and Recreation.
[
(5)
] 
(6)
 "Cross-country" means across natural terrain and off an existing highway,
road, route, or trail.
[
(6)
] 
(7)
 "Dealer" means a person engaged in the business of selling off-highway
vehicles at wholesale or retail.
[
(7)
] 
(8)
 "Division" means the Division of Parks and Recreation.
[
(8)
] 
(9)
 "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)
] 
(10)
 "Manufacturer" means a person engaged in the business of manufacturing
off-highway vehicles.
(11) (a) "Motor vehicle" means every vehicle which is self-propelled.
(b) "Motor vehicle" includes an off-highway vehicle.
[
(10)
] 
(12)
 "Motorcycle" means every motor vehicle having a saddle for the use of the
operator and designed to travel on not more than two tires.
[
(12)
] 
(13)
 "Off-highway implement of husbandry" means every all-terrain type I
vehicle, all-terrain type II vehicle, 
all-terrain type III vehicle,
 motorcycle, or snowmobile that is
used by the owner or the owner's agent for agricultural operations.
[
(13)
] 
(14)
 "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
all-terrain type II vehicle, 
all-terrain type III vehicle,
 or motorcycle.
[
(14)
] 
(15)
 "Operate" means to control the movement of or otherwise use an
off-highway vehicle.
[
(15)
] 
(16)
 "Operator" means the person who is in actual physical control of an
off-highway vehicle.
[
(16)
] 
(17)
 "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)
] 
(18)
 "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)
] 
(19)
 "Public land" means land owned or administered by any federal or state
agency or any political subdivision of the state.
[
(19)
] 
(20)
 "Register" means the act of assigning a registration number to an
off-highway vehicle.
[
(20)
] 
(21)
 "Roadway" is used as defined in Section 
41-6a-102
.
[
(21)
] 
(22)
 "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) "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.
[
(22)
] 
(24)
 "Street-legal all-terrain vehicle" or "street-legal ATV" has the same
meaning as defined in Section 
41-6a-102
.
Section 8. Section 
41-22-5.5
 is amended to read:
41-22-5.5.
Off-highway husbandry vehicles.
(1) (a) (i) The owner of an all-terrain type I vehicle, motorcycle, all-terrain type II
vehicle, 
all-terrain type III vehicle,
 or snowmobile used for agricultural purposes may apply to
the Motor Vehicle Division for an off-highway implement of husbandry sticker.
(ii) Each application under Subsection (1)(a)(i) shall be accompanied by:
(A) evidence of ownership;
(B) a title or a manufacturer's certificate of origin; and
(C) a signed statement certifying that the off-highway vehicle is used for agricultural
purposes.
(iii) The owner shall receive an off-highway implement of husbandry sticker upon
production of:
(A) the documents required under this Subsection (1); and
(B) payment of an off-highway implement of husbandry sticker fee established by the
board not to exceed $10.
(b) If the vehicle is also used for recreational purposes on public lands, trails, streets, or
highways, it shall also be registered under Section 
41-22-3
.
(c) The off-highway implement of husbandry sticker shall be displayed in a manner
prescribed by the board and shall identify the all-terrain type I vehicle, motorcycle, all-terrain
type II vehicle, 
all-terrain type III vehicle,
 or snowmobile as an off-highway implement of
husbandry.
(2) The off-highway implement of husbandry sticker is valid only for the life of the
ownership of the all-terrain type I vehicle, motorcycle, all-terrain type II vehicle, 
all-terrain type
III vehicle,
 or snowmobile and is not transferable.
(3) The off-highway implement of husbandry sticker is valid for an all-terrain type I
vehicle, motorcycle, all-terrain type II vehicle, 
all-terrain type III vehicle,
 or snowmobile that is
being operated adjacent to a roadway:
(a) when the all-terrain type I vehicle, motorcycle, all-terrain type II vehicle, 
all-terrain
type III vehicle,
 or snowmobile is only being used to travel from one parcel of land owned,
operated, permitted, or leased for agricultural purposes by the owner of the vehicle to another
parcel of land owned, operated, permitted, or leased for agricultural purposes by the owner; and
(b) when this operation is necessary for the furtherance of agricultural purposes.
(4) If the operation of an off-highway implement of husbandry adjacent to a roadway is
impractical, it may be operated on the roadway if the operator exercises due care towards
conventional motor vehicle traffic.
(5) It is unlawful to operate an off-highway implement of husbandry along, across, or
within the boundaries of an interstate freeway.
(6) A violation of this section is an infraction.
Section 9. Section 
59-2-405.2
 is amended to read:
59-2-405.2.
Definitions -- Uniform statewide fee on certain tangible personal
property -- Distribution of revenues -- Rulemaking authority -- Determining the length of
a vessel.
(1) As used in this section:
(a) (i) Except as provided in Subsection (1)(a)(ii), "all-terrain vehicle" means a motor
vehicle that:
(A) is an:
(I) all-terrain type I vehicle as defined in Section 
41-22-2
; [
or
]
(II) all-terrain type II vehicle as defined in Section 
41-22-2
; 
or
(III) all-terrain type III vehicle as defined in Section 
41-22-2
;
(B) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
Vehicles; and
(C) has:
(I) an engine with more than 150 cubic centimeters displacement;
(II) a motor that produces more than five horsepower; or
(III) an electric motor; and
(ii) notwithstanding Subsection (1)(a)(i), "all-terrain vehicle" does not include a
snowmobile.
(b) "Camper" means a camper:
(i) as defined in Section 
41-1a-102
; and
(ii) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration.
(c) (i) "Canoe" means a vessel that:
(A) is long and narrow;
(B) has curved sides; and
(C) is tapered:
(I) to two pointed ends; or
(II) to one pointed end and is blunt on the other end; and
(ii) "canoe" includes:
(A) a collapsible inflatable canoe;
(B) a kayak;
(C) a racing shell;
(D) a rowing scull; or
(E) notwithstanding the definition of vessel in Subsection (1)(bb), a canoe with an
outboard motor.
(d) "Dealer" is as defined in Section 
41-1a-102
.
(e) "Jon boat" means a vessel that:
(i) has a square bow; and
(ii) has a flat bottom.
(f) "Motor vehicle" is as defined in Section 
41-22-2
.
(g) "Other motorcycle" means a motor vehicle that:
(i) is:
(A) a motorcycle as defined in Section 
41-1a-102
; and
(B) designed primarily for use and operation over unimproved terrain;
(ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(iii) has:
(A) an engine with more than 150 cubic centimeters displacement; or
(B) a motor that produces more than five horsepower.
(h) (i) "Other trailer" means a portable vehicle without motive power that is primarily
used:
(A) to transport tangible personal property; and
(B) for a purpose other than a commercial purpose; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
purposes of Subsection (1)(h)(i)(B), the commission may by rule define what constitutes a
purpose other than a commercial purpose.
(i) "Outboard motor" is as defined in Section 
41-1a-102
.
(j) "Park model recreational vehicle" is as defined in Section 
41-1a-102
.
(k) "Personal watercraft" means a personal watercraft:
(i) as defined in Section 
73-18-2
; and
(ii) that is required to be registered in accordance with Title 73, Chapter 18, State
Boating Act.
(l) (i) "Pontoon" means a vessel that:
(A) is:
(I) supported by one or more floats; and
(II) propelled by either inboard or outboard power; and
(B) is not:
(I) a houseboat; or
(II) a collapsible inflatable vessel; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the term "houseboat."
(m) "Qualifying adjustment, exemption, or reduction" means an adjustment,
exemption, or reduction:
(i) of all or a portion of a qualifying payment;
(ii) granted by a county during the refund period; and
(iii) received by a qualifying person.
(n) (i) "Qualifying payment" means the payment made:
(A) of a uniform statewide fee in accordance with this section:
(I) by a qualifying person;
(II) to a county; and
(III) during the refund period; and
(B) on an item of qualifying tangible personal property; and
(ii) if a qualifying person received a qualifying adjustment, exemption, or reduction for
an item of qualifying tangible personal property, the qualifying payment for that qualifying
tangible personal property is equal to the difference between:
(A) the payment described in this Subsection (1)(n) for that item of qualifying tangible
personal property; and
(B) the amount of the qualifying adjustment, exemption, or reduction.
(o) "Qualifying person" means a person that paid a uniform statewide fee:
(i) during the refund period;
(ii) in accordance with this section; and
(iii) on an item of qualifying tangible personal property.
(p) "Qualifying tangible personal property" means a:
(i) qualifying vehicle; or
(ii) qualifying watercraft.
(q) "Qualifying vehicle" means:
(i) an all-terrain vehicle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters;
(ii) an other motorcycle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters;
(iii) a small motor vehicle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters;
(iv) a snowmobile with an engine displacement that is 100 or more cubic centimeters
but 150 or less cubic centimeters; or
(v) a street motorcycle with an engine displacement that is 100 or more cubic
centimeters but 150 or less cubic centimeters.
(r) "Qualifying watercraft" means a:
(i) canoe;
(ii) collapsible inflatable vessel;
(iii) jon boat;
(iv) pontoon;
(v) sailboat; or
(vi) utility boat.
(s) "Refund period" means the time period:
(i) beginning on January 1, 2006; and
(ii) ending on December 29, 2006.
(t) "Sailboat" means a sailboat as defined in Section 
73-18-2
.
(u) (i) "Small motor vehicle" means a motor vehicle that:
(A) is required to be registered in accordance with Title 41, Motor Vehicles; and
(B) has:
(I) an engine with 150 or less cubic centimeters displacement; or
(II) a motor that produces five or less horsepower; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule develop a process for an owner of a motor vehicle to certify whether
the motor vehicle has:
(A) an engine with 150 or less cubic centimeters displacement; or
(B) a motor that produces five or less horsepower.
(v) "Snowmobile" means a motor vehicle that:
(i) is a snowmobile as defined in Section 
41-22-2
;
(ii) is required to be registered in accordance with Title 41, Chapter 22, Off-Highway
Vehicles; and
(iii) has:
(A) an engine with more than 150 cubic centimeters displacement; or
(B) a motor that produces more than five horsepower.
(w) "Street motorcycle" means a motor vehicle that:
(i) is:
(A) a motorcycle as defined in Section 
41-1a-102
; and
(B) designed primarily for use and operation on highways;
(ii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(iii) has:
(A) an engine with more than 150 cubic centimeters displacement; or
(B) a motor that produces more than five horsepower.
(x) "Tangible personal property owner" means a person that owns an item of qualifying
tangible personal property.
(y) "Tent trailer" means a portable vehicle without motive power that:
(i) is constructed with collapsible side walls that:
(A) fold for towing by a motor vehicle; and
(B) unfold at a campsite;
(ii) is designed as a temporary dwelling for travel, recreational, or vacation use;
(iii) is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(iv) does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
(z) (i) Except as provided in Subsection (1)(z)(ii), "travel trailer" means a travel trailer:
(A) as defined in Section 
41-1a-102
; and
(B) that is required to be registered in accordance with Title 41, Chapter 1a, Part 2,
Registration; and
(ii) notwithstanding Subsection (1)(z)(i), "travel trailer" does not include:
(A) a camper; or
(B) a tent trailer.
(aa) (i) "Utility boat" means a vessel that:
(A) has:
(I) two or three bench seating;
(II) an outboard motor; and
(III) a hull made of aluminum, fiberglass, or wood; and
(B) does not have:
(I) decking;
(II) a permanent canopy; or
(III) a floor other than the hull; and
(ii) notwithstanding Subsection (1)(aa)(i), "utility boat" does not include a collapsible
inflatable vessel.
(bb) "Vessel" means a vessel:
(i) as defined in Section 
73-18-2
, including an outboard motor of the vessel; and
(ii) that is required to be registered in accordance with Title 73, Chapter 18, State
Boating Act.
(2) (a) In accordance with Utah Constitution Article XIII, Section 2, Subsection (6),
beginning on January 1, 2006, the tangible personal property described in Subsection (2)(b) is:
(i) exempt from the tax imposed by Section 
59-2-103
; and
(ii) in lieu of the tax imposed by Section 
59-2-103
, subject to uniform statewide fees as
provided in this section.
(b) The following tangible personal property applies to Subsection (2)(a) if that
tangible personal property is required to be registered with the state:
(i) an all-terrain vehicle;
(ii) a camper;
(iii) an other motorcycle;
(iv) an other trailer;
(v) a personal watercraft;
(vi) a small motor vehicle;
(vii) a snowmobile;
(viii) a street motorcycle;
(ix) a tent trailer;
(x) a travel trailer;
(xi) a park model recreational vehicle; and
(xii) a vessel if that vessel is less than 31 feet in length as determined under Subsection
(6).
(3) Except as provided in Subsection (4) and for purposes of this section, the uniform
statewide fees are:
(a) for an all-terrain vehicle, an other motorcycle, or a snowmobile:
Age of All-Terrain Vehicle, Other Motorcycle, or Snowmobile
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$20
or more years but less than 9 years
$30
or more years but less than 6 years
$35
Less than 3 years
$45
(b) for a camper or a tent trailer:
 Age of Camper or Tent Trailer
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$25
or more years but less than 9 years
$35
or more years but less than 6 years
$50
Less than 3 years
$70
(c) for an other trailer:
 Age of Other Trailer
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$15
or more years but less than 9 years
$20
or more years but less than 6 years
$25
Less than 3 years
$30
(d) for a personal watercraft:
 Age of Personal Watercraft
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$25
or more years but less than 9 years
$35
or more years but less than 6 years
$45
Less than 3 years
$55
(e) for a small motor vehicle:
 Age of Small Motor Vehicle
Uniform Statewide Fee
or more years
$10
or more years but less than 6 years
$15
Less than 3 years
$25
(f) for a street motorcycle:
 Age of Street Motorcycle
Uniform Statewide Fee
or more years
$10
or more years but less than 12 years
$35
or more years but less than 9 years
$50
or more years but less than 6 years
$70
Less than 3 years
$95
(g) for a travel trailer or park model recreational vehicle:
 Age of Travel Trailer or Park Model Recreational Vehicle
Uniform Statewide Fee
or more years
$20
or more years but less than 12 years
$65
or more years but less than 9 years
$90
or more years but less than 6 years
$135
Less than 3 years
$175
(h) $10 regardless of the age of the vessel if the vessel is:
(i) less than 15 feet in length;
(ii) a canoe;
(iii) a jon boat; or
(iv) a utility boat;
(i) for a collapsible inflatable vessel, pontoon, or sailboat, regardless of age:
 Length of Vessel
Uniform Statewide Fee
feet or more in length but less than 19 feet in length
$15
feet or more in length but less than 23 feet in length
$25
feet or more in length but less than 27 feet in length
$40
feet or more in length but less than 31 feet in length
$75
(j) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 15 feet or more in length but less than 19 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$25
or more years but less than 12 years
$65
or more years but less than 9 years
$80
or more years but less than 6 years
$110
Less than 3 years
$150
(k) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 19 feet or more in length but less than 23 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$50
or more years but less than 12 years
$120
or more years but less than 9 years
$175
or more years but less than 6 years
$220
Less than 3 years
$275
(l) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 23 feet or more in length but less than 27 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$100
or more years but less than 12 years
$180
or more years but less than 9 years
$240
or more years but less than 6 years
$310
Less than 3 years
$400
(m) for a vessel, other than a canoe, collapsible inflatable vessel, jon boat, pontoon,
sailboat, or utility boat, that is 27 feet or more in length but less than 31 feet in length:
 Age of Vessel
Uniform Statewide Fee
or more years
$120
or more years but less than 12 years
$250
or more years but less than 9 years
$350
or more years but less than 6 years
$500
Less than 3 years
$700
(4) For registrations under Section 
41-1a-215.5
, the uniform fee for purposes of this
section is as follows:
(a) for a street motorcycle:
 Age of Street Motorcycle
Uniform Statewide Fee
or more years
$7.75
or more years but less than 12 years
$27
or more years but less than 9 years 
$38.50
or more years but less than 6 years
$54
Less than 3 years
$73
(b) for a small motor vehicle:
 Age of Small Motor Vehicle
Uniform Statewide Fee
or more years
$7.75
or more years but less than 6 years
$11.50
Less than 3 years
$19.25
(5) Notwithstanding Section 
59-2-407
, tangible personal property subject to the
uniform statewide fees imposed by this section that is brought into the state shall, as a
condition of registration, be subject to the uniform statewide fees unless all property taxes or
uniform fees imposed by the state of origin have been paid for the current calendar year.
(6) (a) The revenues collected in each county from the uniform statewide fees imposed
by this section shall be distributed by the county to each taxing entity in which each item of
tangible personal property subject to the uniform statewide fees is located in the same
proportion in which revenues collected from the ad valorem property tax are distributed.
(b) Each taxing entity described in Subsection (6)(a) that receives revenues from the
uniform statewide fees imposed by this section shall distribute the revenues in the same
proportion in which revenues collected from the ad valorem property tax are distributed.
(7) (a) For purposes of the uniform statewide fee imposed by this section, the length of
a vessel shall be determined as provided in this Subsection (7).
(b) (i) Except as provided in Subsection (7)(b)(ii), the length of a vessel shall be
measured as follows:
(A) the length of a vessel shall be measured in a straight line; and
(B) the length of a vessel is equal to the distance between the bow of the vessel and the
stern of the vessel.
(ii) Notwithstanding Subsection (7)(b)(i), the length of a vessel may not include the
length of:
(A) a swim deck;
(B) a ladder;
(C) an outboard motor; or
(D) an appurtenance or attachment similar to Subsections (7)(b)(ii)(A) through (C) as
determined by the commission by rule.
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission may by rule define what constitutes an appurtenance or attachment similar to
Subsections (7)(b)(ii)(A) through (C).
(c) The length of a vessel:
(i) (A) for a new vessel, is the length:
(I) listed on the manufacturer's statement of origin if the length of the vessel measured
under Subsection (7)(b) is equal to the length of the vessel listed on the manufacturer's
statement of origin; or
(II) listed on a form submitted to the commission by a dealer in accordance with
Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b) is not equal to
the length of the vessel listed on the manufacturer's statement of origin; or
(B) for a vessel other than a new vessel, is the length:
(I) corresponding to the model number if the length of the vessel measured under
Subsection (7)(b) is equal to the length of the vessel determined by reference to the model
number; or
(II) listed on a form submitted to the commission by an owner of the vessel in
accordance with Subsection (7)(d) if the length of the vessel measured under Subsection (7)(b)
is not equal to the length of the vessel determined by reference to the model number; and
(ii) (A) is determined at the time of the:
(I) first registration as defined in Section 
41-1a-102
 that occurs on or after January 1,
2006; or
(II) first renewal of registration that occurs on or after January 1, 2006; and
(B) may be determined after the time described in Subsection (7)(c)(ii)(A) only if the
commission requests that a dealer or an owner submit a form to the commission in accordance
with Subsection (7)(d).
(d) (i) A form under Subsection (7)(c) shall:
(A) be developed by the commission;
(B) be provided by the commission to:
(I) a dealer; or
(II) an owner of a vessel;
(C) provide for the reporting of the length of a vessel;
(D) be submitted to the commission at the time the length of the vessel is determined in
accordance with Subsection (7)(c)(ii);
(E) be signed by:
(I) if the form is submitted by a dealer, that dealer; or
(II) if the form is submitted by an owner of the vessel, an owner of the vessel; and
(F) include a certification that the information set forth in the form is true.
(ii) A certification made under Subsection (7)(d)(i)(F) is considered as if made under
oath and subject to the same penalties as provided by law for perjury.
(iii) (A) A dealer or an owner that submits a form to the commission under Subsection
(7)(c) is considered to have given the dealer's or owner's consent to an audit or review by:
(I) the commission;
(II) the county assessor; or
(III) the commission and the county assessor.
(B) The consent described in Subsection (7)(d)(iii)(A) is a condition to the acceptance
of any form.
(8) (a) A county that collected a qualifying payment from a qualifying person during
the refund period shall issue a refund to the qualifying person as described in Subsection (8)(b)
if:
(i) the difference described in Subsection (8)(b) is $1 or more; and
(ii) the qualifying person submitted a form in accordance with Subsections (8)(c) and
(d).
(b) The refund amount shall be calculated as follows:
(i) for a qualifying vehicle, the refund amount is equal to the difference between:
(A) the qualifying payment the qualifying person paid on the qualifying vehicle during
the refund period; and
(B) the amount of the statewide uniform fee:
(I) for that qualifying vehicle; and
(II) that the qualifying person would have been required to pay:
(Aa) during the refund period; and
(Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
Chapter 3, Section 1, been in effect during the refund period; and
(ii) for a qualifying watercraft, the refund amount is equal to the difference between:
(A) the qualifying payment the qualifying person paid on the qualifying watercraft
during the refund period; and
(B) the amount of the statewide uniform fee:
(I) for that qualifying watercraft;
(II) that the qualifying person would have been required to pay:
(Aa) during the refund period; and
(Bb) in accordance with this section had Laws of Utah 2006, Fifth Special Session,
Chapter 3, Section 1, been in effect during the refund period.
(c) Before the county issues a refund to the qualifying person in accordance with
Subsection (8)(a) the qualifying person shall submit a form to the county to verify the
qualifying person is entitled to the refund.
(d) (i) A form under Subsection (8)(c) or (9) shall:
(A) be developed by the commission;
(B) be provided by the commission to the counties;
(C) be provided by the county to the qualifying person or tangible personal property
owner;
(D) provide for the reporting of the following:
(I) for a qualifying vehicle:
(Aa) the type of qualifying vehicle; and
(Bb) the amount of cubic centimeters displacement;
(II) for a qualifying watercraft:
(Aa) the length of the qualifying watercraft;
(Bb) the age of the qualifying watercraft; and
(Cc) the type of qualifying watercraft;
(E) be signed by the qualifying person or tangible personal property owner; and
(F) include a certification that the information set forth in the form is true.
(ii) A certification made under Subsection (8)(d)(i)(F) is considered as if made under
oath and subject to the same penalties as provided by law for perjury.
(iii) (A) A qualifying person or tangible personal property owner that submits a form to
a county under Subsection (8)(c) or (9) is considered to have given the qualifying person's
consent to an audit or review by:
(I) the commission;
(II) the county assessor; or
(III) the commission and the county assessor.
(B) The consent described in Subsection (8)(d)(iii)(A) is a condition to the acceptance
of any form.
(e) The county shall make changes to the commission's records with the information
received by the county from the form submitted in accordance with Subsection (8)(c).
(9) A county shall change its records regarding an item of qualifying tangible personal
property if the tangible personal property owner submits a form to the county in accordance
with Subsection (8)(d).
(10) (a) For purposes of this Subsection (10), "owner of tangible personal property"
means a person that was required to pay a uniform statewide fee:
(i) during the refund period;
(ii) in accordance with this section; and
(iii) on an item of tangible personal property subject to the uniform statewide fees
imposed by this section.
(b) A county that collected revenues from uniform statewide fees imposed by this
section during the refund period shall notify an owner of tangible personal property:
(i) of the tangible personal property classification changes made to this section
pursuant to Laws of Utah 2006, Fifth Special Session, Chapter 3, Section 1;
(ii) that the owner of tangible personal property may obtain and file a form to modify
the county's records regarding the owner's tangible personal property; and
(iii) that the owner may be entitled to a refund pursuant to Subsection (8).