73-18c-304 - Evidence of owner's or operator's security to be carried when operating motorboat -- Defense -- Penalties.
73-18c-304. Evidence of owner's or operator's security to be carried whenoperating motorboat -- Defense -- Penalties.
(1) (a) (i) Except as provided in Subsection (1)(a)(ii), a person operating a motorboatshall:
(A) have in the person's immediate possession evidence of owner's or operator's securityfor the motorboat the person is operating; and
(B) display it upon demand of a peace officer.
(ii) A person operating a government-owned or government-leased motorboat is exemptfrom the requirements of Subsection (1)(a)(i).
(b) Evidence of owner's or operator's security includes any one of the following:
(i) the operator's:
(A) insurance policy;
(B) binder notice;
(C) renewal notice; or
(D) card issued by an insurance company as evidence of insurance;
(ii) a copy of a surety bond, certified by the surety, which conforms to Section73-18c-102;
(iii) a certificate of the state treasurer issued under Section 73-18c-305; or
(iv) a certificate of self-funded coverage issued under Section 73-18c-306.
(2) It is an affirmative defense to a charge under this section that the person had owner'sor operator's security in effect for the motorboat the person was operating at the time of theperson's citation or arrest.
(3) (a) A letter from an insurance producer or company verifying that the person had therequired liability insurance coverage on the date specified is considered proof of owner's oroperator's security for purposes of Subsection (2).
(b) The court considering a citation issued under this section shall allow the letter underSubsection (3)(a) and a copy of the citation to be faxed or mailed to the clerk of the court tosatisfy Subsection (2).
(4) A violation of this section is a class B misdemeanor.
(5) If a person is convicted of a violation of this section and if the person is the owner ofa motorboat, the court shall:
(a) require the person to surrender the person's registration materials to the court; and
(b) forward the registration materials, together with a copy of the conviction, to thedivision.
(6) (a) Upon receiving notification from a court of a conviction for a violation of thissection, the division shall revoke the person's motorboat registration.
(b) Any registration revoked may not be renewed for a period of one year following thedate of revocation.
Amended by Chapter 211, 2006 General Session