73-18-13.5 - Motorboat accidents -- Investigation and report of operator security -- Agency action if no security -- Surrender of registration materials.
73-18-13.5. Motorboat accidents -- Investigation and report of operator security --Agency action if no security -- Surrender of registration materials.
(1) Upon request of a peace officer investigating an accident involving a motorboat asdefined in Section 73-18c-102, the operator of the motorboat shall provide evidence of theowner's or operator's security required under Section 73-18c-301.
(2) The peace officer shall record on a form approved by the division:
(a) the information provided by the operator;
(b) whether the operator provided insufficient or no information; and
(c) whether the peace officer finds reasonable cause to believe that any information givenis 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) (a) The division shall revoke the registration of a motorboat as defined in Section73-18c-102 involved in an accident unless the owner or operator can demonstrate to the divisioncompliance with the owner's or operator's security requirement of Section 73-18c-301 at the timeof the accident.
(b) Any registration revoked may not be renewed for a period of one year following thedate of revocation.
(5) A person may appeal a revocation issued under Subsection (4) in accordance withprocedures established by the board by rule that are consistent with Title 63G, Chapter 4,Administrative Procedures Act.
(6) (a) Any person whose registration is revoked under Subsection (4) shall return theregistration card and decals for the motorboat to the division.
(b) If the person fails to return the registration materials as required, they shall beconfiscated under Section 73-18-13.6.
(7) The board may make rules for the enforcement of this section.
(8) In this section, "evidence of owner's or operator's security" includes any one of thefollowing:
(a) the operator's:
(i) insurance policy;
(ii) binder notice;
(iii) renewal notice; or
(iv) card issued by an insurance company as evidence of insurance;
(b) a copy of a surety bond, certified by the surety, which conforms to Section73-18c-102;
(c) a certificate of the state treasurer issued under Section 73-18c-305; or
(d) a certificate of self-funded coverage issued under Section 73-18c-306.
Amended by Chapter 382, 2008 General Session