A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Subsection 41-22-35(1)(b)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Jason Curry, Division Director
R650. Natural Resources, Outdoor Recreation.
R650-414. Nonresident OHV User Decals and Fees.
R650-414-1. Definitions.
As used in this rule, the term:
"Nonresident" means the same as that term is defined in Subsection 41-1a-102(45).
R650-414-2. Nonresident Off-Highway Vehicle Decals and Fees.
(1) Except as provided in this rule, a nonresident owner of an off-highway vehicle who operates or gives another person permission to operate that off-highway vehicle on any public land, trail, street, or highway in this state shall before operating the off-highway vehicle:
(a) obtain from the division a nonresident off-highway vehicle decal for the off-highway vehicle; and
(b) pay to the division a nonresident off-highway vehicle user fee.
(2) The division shall issue a receipt to a nonresident who obtains a decal and pays a fee to the division pursuant to Subsection (1) that shows:
(a) the fee amount paid;
(b) the vehicle identification number (VIN) of the off-highway vehicle for which the decal was issued and the fee was paid; and
(c) the name and address of the owner of the off-highway vehicle for which the decal was issued and fee was paid.
(3) An owner or operator of an off-highway vehicle shall always keep the receipt issued pursuant to Subsection (2) with the off-highway vehicle for which it was issued.
(4) A decal issued pursuant to Subsection (1) shall be valid for a period of 12 months beginning with the first day of the calendar month of purchase.
(5) An owner or operator shall display a non-resident decal pursuant to the procedures set out in Rule R650-401.
R650-414-3. Proof of Nonresident Status.
(1) Nonresident off-highway vehicle decal applicants shall provide to the division evidence that the off-highway vehicle is not subject to the resident registration requirements set out in Section 41-22-3.
(2) The evidence required by Subsection (1) shall include:
(a) a government-issued identification card showing the off-highway vehicle owner resides in a state other than Utah;
(b) a title or certificate of registration for the off-highway vehicle from a state other than Utah; or an original bill of sale for the off-highway vehicle from a state other than Utah; and
(c) an unsworn statement, in a form acceptable to the division, declaring that the home station of the off-highway vehicle is in a state other than Utah.
R650-414-4. Exceptions.
(1) This rule does not apply to:
(a) an off-highway vehicle participating in a scheduled competitive event sponsored by a public or private entity;
(b) an off-highway vehicle participating in a noncompetitive event sponsored in whole or in part by any governmental entity;
[(c) a street legal all-terrain vehicle, as that term is defined in Subsection 41-6a-102(74), if the vehicle is registered for highway use in a state other than Utah and if that state offers reciprocal highway-operating privileges to Utah residents operating street legal all-terrain vehicles within the boundaries of that state; (d) ](c) an off-highway vehicle that is subject to Subsection 41-22-35(1)(b); and [(e) ](d) an off-highway vehicle owned by an off-highway vehicle manufacturer that is being operated exclusively for an off-highway vehicle manufacturer-sponsored event, provided that the operator of the vehicle has in the operator's possession a letter or certificate issued by the manufacturer and signed by the manufactures authorized representative that contains: (i) the name, address and contact information of the off-highway vehicle manufacturer;
(ii) a physical description of the off-highway vehicle, including the VIN or another number assigned by the manufacturer for identification purposes;
(iii) a brief description of the manufacturer-sponsored event, including the dates of the event; and