| (1) |
Upon request of a peace officer investigating an accident involving a motorboat as defined in Section 73-18c-102, the operator of the motorboat shall provide evidence of the owner‘s or operator’s security required under Section 73-18c-301. |
Terms Used In Utah Code 73-18-13.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2
- Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
- 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.
- Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2
- Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2
- Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2
- 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
| (2) |
The peace officer shall record on a form approved by the division:
| (a) |
the information provided by the operator; |
| (b) |
whether the operator provided insufficient or no information; and |
| (c) |
whether the peace officer finds reasonable cause to believe that any information given is not correct. |
|
| (3) |
The peace officer shall deposit all completed forms with the peace officer’s agency, which shall forward the forms to the division no later than 10 days after receipt. |
| (4) |
| (a) |
The division shall revoke the registration of a motorboat as defined in Section 73-18c-102 involved in an accident unless the owner or operator can demonstrate to the division compliance with the owner’s or operator’s security requirement of Section 73-18c-301 at the time of the accident. |
| (b) |
Any registration revoked shall be renewed in accordance with Section 73-18-7. |
|
| (6) |
| (a) |
Any person whose registration is revoked under Subsection (4) shall return the registration card and decals for the motorboat to the division. |
| (b) |
If the person fails to return the registration materials as required, they shall be confiscated under Section 73-18-13.6. |
|
| (7) |
The division may, after notifying the commission, make rules for the enforcement of this section. |
| (8) |
In this section, “evidence of owner’s or operator’s security” includes any one of the following:
| (a) |
the operator’s:
| (iv) |
card issued by an insurance company as evidence of insurance; |
|
| (b) |
a copy of a surety bond, certified by the surety, which conforms to Section 73-18c-102; |
| (c) |
a certificate of the state treasurer issued under Section 73-18c-305; or |
| (d) |
a certificate of self-funded coverage issued under Section 73-18c-306. |
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Amended by Chapter 68, 2022 General Session
