Effective 1/1/2023
41-22-30. Supervision, safety certificate, or driver license required — Penalty.
41-22-30. Supervision, safety certificate, or driver license required — Penalty.
- (1) As used in this section, “direct supervision” means oversight at a distance:
- (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.
- (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
- (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;
- (ii) does not possess a valid license to operate a motor vehicle issued in accordance with Title 53, Chapter 3, Uniform Driver License Act; and
- (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.
- (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
- (ii) can show that the direct supervision requirement under Subsection (2)(b) was not violated at the time of citation or arrest.
- (i) produces in court a license or safety certificate described in Subsection (2)(b) that was:
- (4) The requirements of this section do not apply to an operator of an off-highway implement of husbandry.
- (5) Nothing in this section allows an individual without a valid driver license issued in accordance with Title 53, Chapter 3, Uniform Driver License Act, to operate a street-legal all-terrain vehicle on a roadway.
Amended by Chapter 143, 2022 General Session