(1)  In order to safeguard the life, health, property, and welfare of citizens while using passenger ropeways, it is the policy of the state to:

Terms Used In Utah Code 72-11-201

  • Area: means the geographic area, terrain, and ski slopes served by a passenger ropeway. See Utah Code 72-11-102
  • Committee: means the Passenger Ropeway Safety Committee created by Section 72-11-202. See Utah Code 72-11-102
  • Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • 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.
  • Private residence passenger ropeway: means a passenger ropeway that:
(a) is installed at a private residence;
(b) is not accessible to the general public;
(c) is not used for commercial purposes; and
(d) 
(i) is owned by one single owner; and
(ii) the owner described in Subsection (11)(d)(i) is not:
(A) a unit or homeowner's association; or
(B) a planned unit development or a planned residential unit development organization or entity. See Utah Code 72-11-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (a)  protect citizens and visitors from unnecessary mechanical hazards in the design, construction, and operation of passenger ropeways, but not from the hazards inherent in the sports of mountaineering, skiing, snowboarding, mountain biking, and hiking, or from the hazards of the area served by passenger ropeways, all of which hazards are assumed by the sportsman; and

    (b)  require periodic inspections of passenger ropeways to ensure that each passenger ropeway meets “The United States of America Standard Institute Safety Code for Aerial Passenger Tramways,” or an equivalent standard established by rule under Section 72-11-210.

    (2) 

    (a)  Except as provided in Subsection (2)(b), the committee, through the Department of Transportation, shall:

    (i)  register all passenger ropeways in the state;

    (ii)  establish reasonable standards of design, construction, and operational practices; and

    (iii)  make inspections as necessary to implement this section.

    (b)  The committee has no jurisdiction over the construction, modification, registration, or inspection of a private residence passenger ropeway.

    Amended by Chapter 212, 2010 General Session