| (1) |
A person under the age of 18 may not operate or ride on all-terrain type I vehicles, snowmobiles, or motorcycles on public land unless the person is wearing a properly fitted and fastened, United States Department of Transportation safety-rated protective headgear designed for motorized vehicle use. |
Terms Used In Utah Code 41-22-10.8
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Land: includes :Utah Code 68-3-12.5
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- 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. See Utah Code 41-22-2
- Public land: means land owned or administered by any federal or state agency or any political subdivision of the state. See Utah Code 41-22-2
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
The owner of an off-highway vehicle or any other person may not give permission to a person who is under 18 years of age to operate or ride on an off-highway vehicle in violation of this section. |
| (3) |
An operator and passengers of off-highway implements of husbandry operated in the manner prescribed by Subsections 41-22-5.5(3) and (4) are exempt from the requirements of this section. |
| (4) |
Any person convicted of violations of this section is guilty of an infraction and shall be fined not more than $50 per offense. |
| (5) |
A court shall waive $8 of a fine charged for a violation of Title 41, Chapter 22, Off-highway Vehicles, to a person operating an off-highway vehicle on public land if the person was:
| (a) |
18 years of age or older at the time of operation; and |
| (b) |
wearing protective headgear that complies with the requirements described under Subsection (1) at the time of operation. |
|
| (6) |
The failure to wear protective headgear:
| (a) |
does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and |
| (b) |
may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages. |
|
| (7) |
Notwithstanding Subsection (5), a court may not waive $8 of a fine charged to a person operating an off-highway vehicle on public land for a driving under the influence violation of Section 41-6a-502. |
Amended by Chapter 363, 2010 General Session
