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2022 Utah Code
Title 41 - Motor Vehicles
Chapter 22 - Off-highway Vehicles
Section 31 - Division to set standards for safety program -- Safety certificates issued -- Cooperation with public and private entities -- State immunity from suit.
Universal Citation: UT Code § 41-22-31 (2022)
Effective 1/1/2023
41-22-31. Division to set standards for safety program -- Safety certificates issued -- Cooperation with public and private entities -- State immunity from suit.
Amended by Chapter 57, 2022 General Session
Amended by Chapter 68, 2022 General Session
Amended by Chapter 143, 2022 General Session
41-22-31. Division to set standards for safety program -- Safety certificates issued -- Cooperation with public and private entities -- State immunity from suit.
- (1)
- (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall:
- (i) make rules, after notifying the commission, that establish curriculum standards for a comprehensive off-highway vehicle safety education and training program; and
- (ii) implement the program.
- (b) The program shall be designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of an off-highway vehicle.
- (c)
- (i) The program shall include:
- (A) an operational skills instruction and examination component required for every operator under 18 years old that does not possess a valid license to operate a motor vehicle issued in accordance with Title 53, Chapter 3, Uniform Driver License Act; and
- (B) a written knowledge instruction and examination component required for every operator.
- (ii) An individual with valid license to operate a motor vehicle issued in accordance with Title 53, Chapter 3, Uniform Driver License Act, is not required to complete the operational skills instruction and examination component of the course.
- (i) The program shall include:
- (d) Components of the program shall include:
- (i) the preparation and dissemination of off-highway vehicle information and safety advice to the public;
- (ii) the training of off-highway vehicle operators;
- (iii) education concerning the importance of gates and fences used in agriculture and how to properly close a gate; and
- (iv) education concerning respectful, sustainable, and on-trail off-highway vehicle operation, and respect for communities affected by off-highway vehicle operation.
- (e) Off-highway vehicle safety certificates shall be issued to those who successfully complete training or pass the knowledge and skills test established under the program.
- (f) The division shall ensure that an individual may complete the written component of the program online.
- (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall:
- (2)
- (a) Subject to Subsection 41-22-35(1), an individual may not operate an off-highway vehicle on public lands in this state unless the individual has completed the off-highway vehicle safety education and training program described in Subsection (1).
- (b)
- (i) Except as provided in Subsection (2)(d), an individual under 18 years old may not operate an off-highway vehicle in the state unless the individual has completed both the skills component and the written component of the off-highway vehicle safety education and training program described in Subsection (1).
- (ii) Except as provided in Subsection (2)(d), an individual 18 years old or older may not operate an off-highway vehicle in the state unless the individual has completed the written component of the off-highway vehicle safety education and training program described in Subsection (1).
- (c) Except as provided in Subsection (2)(d), a person may not rent an off-highway vehicle to an individual until the individual that will operate the off-highway vehicle has completed the off-highway vehicle safety education and training program described in Subsection (1).
- (d)
- (i) Subsections (2)(a) through (c) do not apply to:
- (A) a snowmobile or an off-highway implement of husbandry; or
- (B) an individual operating an off-highway vehicle as part of a guided tour or a sanctioned off-highway vehicle event.
- (ii)
- (A) The division shall ensure that the online written knowledge component of the program is available beginning on January 1, 2023.
- (B) The requirement to complete the online written knowledge component of the program as described in this section and relevant enforcement begins on February 1, 2023.
- (i) Subsections (2)(a) through (c) do not apply to:
- (3) The division shall cooperate with appropriate private organizations and associations, private and public corporations, and local government units to implement the program established under this section.
- (4) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to act, in any capacity relating to the off-highway vehicle safety education and training program. The state is also not responsible for any insufficiency or inadequacy in the quality of training provided by this program.
- (5) A person convicted of a violation of this section is guilty of an infraction and shall be fined not more than $150 per offense.
Amended by Chapter 57, 2022 General Session
Amended by Chapter 68, 2022 General Session
Amended by Chapter 143, 2022 General Session
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