Utah Code 73-18-13.5. Motorboat accidents — Investigation and report of operator security — Agency action if no security — Surrender of registration materials
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(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.
Terms Used In Utah Code 73-18-13.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Outdoor Adventure Commission. See Utah Code 73-18-2
- Division: means the Division of Outdoor Recreation. See Utah Code 73-18-2
- 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: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. See Utah Code 73-18-2
- Operator: means the person who is in control of a vessel while it is in use. See Utah Code 73-18-2
- Owner: includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. See Utah Code 73-18-2
- 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
- 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
(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.