Dated 07/12/2022

 

Message from the President:

 

Over the years there have been many questions regarding helmets, seat belts, and child restraints. This topic was again discussed at our Club meeting on July 11, 2022. Due to the ongoing questions, I believe that it is appropriate to provide a solid answer, based on facts and not misunderstandings of the law. All the information provided can be verified on the le.utah.gov website.

 

Summary of each code (for the complete code please go to the website)

 

Helmets:

ATV/Off Road (TYPE 1 Vehicles)

41-22-10.8.  Protective headgear requirements — Owner duty — Penalty for violation.

(1)

A person under the age of 18 may not operate or ride on all-terrain type I vehicles, snowmobiles, or motorcycles on public land unless the person is wearing a properly fitted and fastened, United States Department of Transportation safety-rated protective headgear designed for motorized vehicle use.

 

(2)	The owner of an off-highway vehicle or any other person may not give permission to a person who is under 18 years of age to operate or ride on an off-highway vehicle in violation of this section.

 

Road/street bikes

41-6a-1505.  Motorcycle or motor-driven cycle — Protective headgear — Closed cab excepted — Electric assisted bicycles, motor assisted scooters, electric personal assistive mobility devices.

(1)

A person under the age of 21 may not operate or ride any of the following on a highway unless the person is wearing protective headgear that complies with specifications adopted under Subsection (3): (a) a motorcycle;   (b) a motor-driven cycle;   (c) a class 3 electric assisted bicycle; or   (d) an autocycle that is not fully enclosed.

 

(2)	This section does not apply to persons riding within an enclosed cab.

 

Seat belt: (TYPE 2 Vehicles)

41-6a-1803.  Driver and passengers — Seat belt or child restraint device required.

(1)

(a) The operator of a motor vehicle operated on a highway shall: (i) wear a properly adjusted and fastened safety belt;   (ii) provide for the protection of each person younger than eight years of age by using a child restraint device to restrain each person in the manner prescribed by the manufacturer of the device; and   (iii) provide for the protection of each person eight years of age up to 16 years of age by securing, or causing to be secured, a properly adjusted and fastened safety belt on each person.   (b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight years of age who is 57 inches tall or taller: (i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint device; and   (ii) shall use a properly adjusted and fastened safety belt as required in Subsection (1)(a)(iii).

 

(2)	A person 16 years of age or older who is a passenger in a motor vehicle operated on a highway shall wear a properly adjusted and fastened safety belt.

 

Highway Definition:

41-6a-102(27)

“Highway” means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

 

Vehicle Types:

41-22-2(2)

“All-terrain type I vehicle” means any motor vehicle 52 inches or less in width, having an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain.

 

41-22-2-(3)

(a)	“All-terrain type II vehicle” means any motor vehicle 80 inches or less in width, traveling on four or more low pressure tires, having a steering wheel, non-straddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain,

 

To summarize:

 

In a Side by Side (UTV/TYPE 2 Vehicle), a child’s (DOT Approved) car seat is required by state law for riders under 8 years old. Seat belts are required by state law for all riders. By state law helmets are NOT required in an SXS. Helmets are required by state law for anyone under 18 years of age riding an ATV (3-wheeler, quad, or dirt bike/TYPE 1 Vehicle). While on a Club organized/sponsored ride, it is the rider’s responsibility to follow the current state laws. Our goal is to ensure that you have the correct information and promote a safe environment for all our members.

 

Ride for Life:

 

As a board we have recently been discussing the age limit on the Ride for Life. For years no rider under 6 years old was allowed. The board has decided that it is a parent’s responsibility to decide whether their child should be on the ride. Effective immediately there is no longer a minimum age limit. If you have questions or concerns regarding this decision, please contact me. With the change, if you are taking your child, please complete the proper registration asap.

 

Please look to the next newsletter for more information and additional clarification of Club activities. If you have questions regarding any of the information provided, or questions in general, please contact any member of the board.

 

Thank you

 

Dan Jaterka

President

Utah ATV Association