§ 73-18-13.5 — Motorboat accidents -- Investigation and report of operator security -- Agency action if no security -- Surrender of registration materials.

Utah § 73-18-13.5

• Jurisdiction: Utah
• Title 73: Water and Irrigation
• Ch. 73-18: State Boating Act

Text

(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.
(2) The peace officer shall record on a form approved by the division:
(2)(a) the information provided by the operator;
(2)(b) whether the operator provided insufficient or no information; and
(2)(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) (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.
(4)(b) Any registration revoked shall be renewed in accordance with Section 73-18-7.
(5) A person may appeal a revocation issued under Subsection (4) in accordance with procedures established by the division, after notifying the commission, by rule that are consistent with Title 63G, Chapter 4, Administrative Procedures Act.
(6) (6)(a) Any person whose registration is revoked under Subsection (4) shall return the registration card and decals for the motorboat to the division.
(6)(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:
(8)(a) the operator's:
(8)(a)(i) insurance policy;
(8)(a)(ii) binder notice;
(8)(a)(iii) renewal notice; or
(8)(a)(iv) card issued by an insurance company as evidence of insurance;
(8)(b) a copy of a surety bond, certified by the surety, which conforms to Section 73-18c-102;
(8)(c) a certificate of the state treasurer issued under Section 73-18c-305; or
(8)(d) a certificate of self-funded coverage issued under Section 73-18c-306.
(9) A person may provide evidence of owner's or operator's security as described in Subsection (8)(a) by displaying:
(9)(a) a digital copy or photograph of the evidence of owner's or operator's security; or
(9)(b) evidence of owner's or operator's security through a mobile application.

Legislative History

Amended by Chapter 236, 2024 General Session