(1) |
As used in this section, “direct supervision” means oversight at a distance:
Terms Used In Utah Code 41-22-30- Arrest: Taking physical custody of a person by lawful authority.
- Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
- Highway: includes :Utah Code 68-3-12.5
- Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
- 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. See Utah Code 41-22-2
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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. |
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(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 able to reach and operate each control necessary to safely operate the off-highway vehicle; |
(b) |
(i) |
is under the direct supervision of an off-highway vehicle safety instructor during a scheduled safety training course approved by the division in accordance with Section 41-22-32 ; or |
(ii) |
possesses a safety certificate issued or approved by the division in accordance with Section 41-22-31; and |
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(c) |
is under the direct supervision of a person who is at least 18 years old if the person operating the off-highway vehicle:
(i) |
is under 18 years old; |
(iii) |
is operating the off-highway vehicle on a public highway that is:
(A) |
open to motor vehicles; and |
(B) |
not exclusively reserved for off-highway vehicle use. |
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(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 safety certificate described in Subsection (2)(b) that was:
(A) |
valid at the time of the citation or arrest; and |
(B) |
issued to the person operating the off-highway vehicle; and |
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(ii) |
can show that the direct supervision requirement under Subsection (2)(b) was not violated at the time of citation or arrest. |
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(4) |
The requirements of this section do not apply to an operator of an off-highway implement of husbandry. |
Amended by Chapter 143, 2022 General Session