(1)  A municipality or county may adopt ordinances:

Terms Used In Utah Code 41-22-10.5

  • Highway: includes :Utah Code 68-3-12.5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
  • Operate: means to control the movement of or otherwise use an off-highway vehicle. See Utah Code 41-22-2
  • Operator: means the person who is in actual physical control of an off-highway vehicle. See Utah Code 41-22-2
  • 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. See Utah Code 41-22-2
(a)  designating certain streets and highways under its respective jurisdiction:

(i)  as open for general off-highway vehicle use; or

(ii)  as open for limited off-highway vehicle use to allow off-highway vehicle operators to gain direct access to or from a private or public area open for off-highway vehicle use; or

(b)  permitting the use of a street-legal all-terrain vehicle on a street or highway designated for:

(i)  general off-highway vehicle use under Subsection (1)(a)(i); or

(ii)  limited off-highway vehicle use under Subsection (1)(a)(ii).

(2)  A municipality or county may not prohibit or restrict the use of a street-legal all-terrain vehicle on a street or highway where the use of another street-legal vehicle is permitted.

(3)  A municipality or a county may adopt an ordinance requiring an operator who is under 16 years of age to be under the direct visual supervision of an adult who is at least 18 years of age while using a route designated under Subsection (1).

(4)  A route designated under Subsection (1) may not be along, across, or within the boundaries of an interstate freeway.

(5)  Except as provided under Section 41-22-10.3, a person may not operate an off-highway vehicle on any street or highway that is not designated or posted as open for off-highway vehicle use in accordance with Subsection (1) or Section 41-22-10.1.

(6)  Subsection (5) does not apply to off-highway implements of husbandry used in accordance with Section 41-22-5.5.

Amended by Chapter 454, 2015 General Session