§ 16-120-803 — Immunity for owners of stolen agricultural equipment or off-road vehicles - Definition

(a) (1) As used in this section, "agricultural equipment or off-road vehicle" means a self-propelled motorized vehicle that is not designed to operate on a roadway but may be used for an agricultural or recreational purpose. (2) "Agricultural equipment or off-road vehicle" includes: (A) An all-terrain vehicle as defined in § 27-21-102 ; (B) A vehicle designed to be used for agricultural purposes, such as a tractor; and (C) A riding lawnmower. (3) "Agricultural equipment or off-road vehicle" does not include: (A) A motor vehicle designed and used for a medical purpose; (B) A motor vehicle designed to be used by an individual with a physical disability to assist in walking; (C) A motorized scooter or other vehicle designed to be used as a toy by a child; (D) A bicycle equipped with a small motor designed and used to assist the bicycle operator and that is not operated at a speed greater than twenty miles per hour (20 m.p.h.); (E) An electric personal assistive mobility device that is designed to not be capable of a speed of more than twenty miles per hour (20 m.p.h.); or (F) A device moved by human power or used exclusively upon stationary rails or tracks. (b) An owner of agricultural equipment or an off-road vehicle that is stolen or unlawfully appropriated by another person who commits a criminal offense using the agricultural equipment or off-road vehicle is not liable in a civil action for damages, injuries, or death resulting from or arising out of the use of the agricultural equipment or off-road vehicle in the commission of the criminal offense.

Legislative History

Added by Act 2019, No. 518,§ 1, eff. 7/24/2019.