(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) 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 under the direct supervision of an off-highway vehicle safety instructor during a scheduled safety training course approved by the board pursuant to Section 41-22-32 ;

2. (b)

   1. (i) has in the person's possession the appropriate safety certificate issued or approved by the division; and

   2. (ii) if under 18 years of age, is under the direct supervision of a person who is at least 18 years of age if operating on a public highway that is:

      1. (A) open to motor vehicles; and
      2. (B) not exclusively reserved for off-highway vehicle use; or
3. (c) has in the person's immediate possession a valid motor vehicle operator's license, as provided in Title 53, Chapter 3, Uniform Driver License Act.

(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 an appropriate safety certificate 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.