Utah Code 73-18c-304 v2. Evidence of owner’s or operator’s security to be carried when operating motorboat — Defense — Penalties
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 73-18c-304 v2
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Division: means the Division of Outdoor Recreation. See Utah Code 73-18c-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Motorboat: includes personal watercraft regardless of the manufacturer listed horsepower. See Utah Code 73-18c-102
- Operator: means the person who is in control of a motorboat while it is in use. See Utah Code 73-18c-102
- Owner: includes a person entitled to the use or possession of a motorboat subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18c-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Registration: means the issuance of the registration cards and decals issued under the laws of Utah pertaining to the registration of motorboats. See Utah Code 73-18c-102
- Registration materials: means the evidences of motorboat registration, including all registration cards and decals. See Utah Code 73-18c-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a)(1)(a)(i) Except as provided in Subsection (1)(a)(ii), a person operating a motorboat shall:(1)(a)(i)(A) have in the person’s immediate possession evidence of owner‘s or operator‘s security for the motorboat the person is operating; and(1)(a)(i)(B) display it upon demand of a peace officer.(1)(a)(ii) A person operating a government-owned or government-leased motorboat is exempt from the requirements of Subsection (1)(a)(i).(1)(b) Evidence of owner’s or operator’s security includes any one of the following:(1)(b)(i) the operator’s:(1)(b)(i)(A) insurance policy;(1)(b)(i)(B) binder notice;(1)(b)(i)(C) renewal notice; or(1)(b)(i)(D) card issued by an insurance company as evidence of insurance;(1)(b)(ii) a copy of a surety bond, certified by the surety, which conforms to Section73-18c-102 ;(1)(b)(iii) a certificate of the state treasurer issued under Section73-18c-305 ;(1)(b)(iv) a certificate of self-funded coverage issued under Section73-18c-306 ;(1)(b)(v) a digital copy or photograph of the evidence of owner’s or operator’s security described in Subsections (1)(b)(i) through (iv); or(1)(b)(vi) a mobile application displaying evidence of owner’s or operator’s security described in Subsections (1)(b)(i) through (iv).
(2) It is an affirmative defense to a charge under this section that the person had owner’s or operator’s security in effect for the motorboat the person was operating at the time of the person’s citation or arrest.
(3)
(3)(a) A letter from an insurance producer or company verifying that the person had the required liability insurance coverage on the date specified is considered proof of owner’s or operator’s security for purposes of Subsection (2).
(3)(b) The court considering a citation issued under this section shall allow the letter under Subsection (3)(a) and a copy of the citation to be faxed or mailed to the clerk of the court to satisfy Subsection (2).
(4) A violation of this section is a class C misdemeanor.
(5) If a person is convicted of a violation of this section and if the person is the owner of a motorboat, the court shall:
(5)(a) require the person to surrender the person’s registration materials to the court; and
(5)(b) forward the registration materials, together with a copy of the conviction, to the division.
(6)
(6)(a) Upon receiving notification from a court of a conviction for a violation of this section, the division shall revoke the person’s motorboat registration.
(6)(b) Any registration revoked shall be renewed in accordance with Section 73-18-7 .