§ 41-22-31 — Division to set standards for safety program -- Safety certificates issued -- Cooperation with public and private entities -- State immunity from suit.

(1) (1)(a) The division shall:
(1)(a)(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules, after notifying the commission, that establish curriculum standards for a comprehensive off-highway vehicle safety education and training program as described in this section; and
(1)(a)(ii) implement the program.
(1)(b) (1)(b)(i) The division shall design the program to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe and ethical operation of an off-highway vehicle.
(1)(b)(ii) Components of the program shall include:
(1)(b)(ii)(A) the preparation and dissemination of off-highway vehicle information and safety advice to the public;
(1)(b)(ii)(B) the training of off-highway vehicle operators;
(1)(b)(ii)(C) education concerning the importance of gates and fences used in agriculture and how to properly close a gate; and
(1)(b)(ii)(D) education concerning respectful, sustainable, and on-trail off-highway vehicle operation, and respect for communities affected by off-highway vehicle operation.
(1)(b)(iii) 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 and described in Subsections (2) and (3).
(1)(b)(iv) The division shall ensure that an individual has the option to complete the program online.
(2) Except as provided in Subsection (4)(b), an individual under 18 years old may not operate an off-highway vehicle on public lands in this state unless the individual has completed the requirements of the program established in accordance with this section and rules made in accordance with Subsection (1) by completing:
(2)(a) an in-person safety and skills course offered by the division; or
(2)(b) a safety and skills course approved by the division that is offered online.
(3) Except as provided in Subsection (4)(a), an individual who is 18 years old or older may not operate an off-highway vehicle on public lands in this state unless the individual has completed the requirements of the program established in accordance with this section and rules made in accordance with Subsection (1) by completing:
(3)(a) a course described in Subsection (2); or
(3)(b) a one-time course offered or approved by the division.
(4) The requirements described in this section do not apply to:
(4)(a) an individual who is 18 years old or older operating:
(4)(a)(i) a snowmobile;
(4)(a)(ii) an off-highway implement of husbandry; or
(4)(a)(iii) an off-highway vehicle as part of a guided tour or a sanctioned off-highway vehicle event; or
(4)(b) an individual under 18 years old operating an off-highway implement of husbandry.
(5) A person may not rent an off-highway vehicle to an individual until the individual who will operate the off-highway vehicle presents a certificate of completion of the off-highway vehicle safety education and training program established in accordance with this section and rules made under Subsection (1).
(6) The division may cooperate with appropriate private organizations and associations, private and public corporations, and local government units to implement the program established under this section.
(7) 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.
(8) A person convicted of a violation of this section is guilty of an infraction and shall be fined not more than $150 per offense.

Legislative History

Amended by Chapter 88, 2024 General Session