1. (1) As used in this section, "direct supervision" means oversight at a distance:

   1. (a) of no more than 300 feet; and

   2. (b) within which:

      1. (i) visual contact is maintained; and
      2. (ii) advice and assistance can be given and received.

2. (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:

   1. (a) is able to reach and operate each control necessary to safely operate the off-highway vehicle;

   2. (b)

      1. (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
      2. (ii) possesses a safety certificate issued or approved by the division in accordance with Section 41-22-31; and

   3. (c) is under the direct supervision of a person who is at least 18 years old if the person operating the off-highway vehicle:

      1. (i) is under 18 years old;
      2. (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

      3. (iii) is operating the off-highway vehicle on a public highway that is:

         1. (A) open to motor vehicles; and
         2. (B) not exclusively reserved for off-highway vehicle use.

3. (3)

   1. (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.

   2. (b) It is a defense to a charge under this section, if the person charged:

      1. (i) produces in court a license or safety certificate described in Subsection (2)(b) that was:

         1. (A) valid at the time of the citation or arrest; and
         2. (B) issued to the person operating the off-highway vehicle; and
      2. (ii) can show that the direct supervision requirement under Subsection (2)(b) was not violated at the time of citation or arrest.
4. (4) The requirements of this section do not apply to an operator of an off-highway implement of husbandry.
5. (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