Operating OHV on road and no proof of insurance tickets...

N-Smooth

Smooth Gang Founding Member
Location
UT
Who knows anything about these? Drove my jeep to my friend's house tonight to use his tools (3 miles) and got pulled over and ticketed for the above. Not complaining, I made the decision to do something illegal and the cop made the decision to ticket me. I registered the jeep as OHV in January and the insurance has never lapsed but it has a new vin and is still insured under the old one... Oops! That is why I have no proof of insurance. Anyone know if that's something I can fight since it was an accident?

Also, anyone ever gotten a ticket for operating an OHV on the road? Wondering what the $$$ is like for that...



Thanks guys
 

N-Smooth

Smooth Gang Founding Member
Location
UT
Assuming it is still insured I would imaging your agent could get the data cards swapped with a retro-active policy date?

This is what I'm hoping for. It was an honest mistake and it turns out the dmv shouldn't have even given me a new vin number so that makes it extra lame. Fingers crossed on that one
 

jeeper

I live my life 1 dumpster at a time
Location
So Jo, Ut
it will require a letter from your insurance stating that you did have insurance, an updated card will not work, has to be the letter from insurance company. last time I had one it was a $500 fine. Unregistered vehicle ticket was $40
 

N-Smooth

Smooth Gang Founding Member
Location
UT
it will require a letter from your insurance stating that you did have insurance, an updated card will not work, has to be the letter from insurance company. last time I had one it was a $500 fine. Unregistered vehicle ticket was $40

That's good to know. Hopefully my insurance agent feels like doing me a solid.

I read that about the unregistered vehicle being only $40 and no proof of insurance being $400-600. That's bizarre to me. I'm not excited to see how much the OHV ticket is either. The hopeful part of me thinks it should not be that much because it's not much different from an unregistered vehicle but I'm pretty sure I'm being too optimistic with that logic.
 

nnnnnate

Well-Known Member
Supporting Member
Location
WVC, UT
Non moving violations start at $40 (flaps, flares, registration, ect) and may be a little higher city to city. Insurance tickets are tiered and rise exponentially. Per the Utah Uniform Fine Schedule for 2013 first offense for no insurance is mandatory minimum $400, second is $1000. Jeeper is correct in that the only way to get around the huge fine is to get a letter from your insurance company. They get requests like this all the time for no proof tickets and know exactly what they need to do. They ought to be able to help you out assuming your account is in good standing and all. A no proof of insurance ticket is the same thing as a no insurance ticket. Often times when a cop issues a cite for no insurance they will tow the vehicle and do a state tax hold on it. Basically, its the same type of tow as what a DUI driver would get. To get the vehicle released you have to go to the DMV to prove insurance then pay $$$ to the state, then you have to pay the tow yard $$$ for the tow and daily storage. I guess what I'm saying is that it could have been a lot worse.

From the bail schedule on pg 32 thats linked above...
41-12A-303.2 NO PROOF OF INSURANCE Y MB $400 "May be dismissed upon proof that valid insurance was in effect for the vehicle at the time of citation"

As far as the operating OHV on public street I'd have to know the code he wrote you for to see what the fine was going to be on it. I think it would be classified as a moving violation which tends to have a baseline bail of $100.

I don't know where you live but I'm curious what city you were cited in, I understand though if you don't want to share.
 
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N-Smooth

Smooth Gang Founding Member
Location
UT
Wow, thanks for all the info. The OHV code is 41-22-10.2 and it's West Jordanimage.jpg.

Does this mean it's not a moving violation? That would be sooooo spectacular
 
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nnnnnate

Well-Known Member
Supporting Member
Location
WVC, UT
Yeah thats what it looks like. So I guess the upside to both of them being non moving, it thats what they turn out to be, is that you wouldn't get dinged with insurance and have rates go up.
 

ricsrx

Well-Known Member
wow, good info

can a vehicle that is registered OHV be driven off road with out insurance? i know my bike and quad dont need it but is there any thing about the larger vehicles?
 

N-Smooth

Smooth Gang Founding Member
Location
UT
That would be great if it is in fact non-moving for the insurance reason like you stated. It's the insurance increase that really makes my wife want to hurt me since I have 1 other ticket on their currently. I went years without one and now they come in pairs I guess...

Also it just me or did he hook me up on the OHV code? I was on a normal public street and that fine is much higher.

As far as insurance goes Rick, I'm not sure. It's a good idea for sure but I doubt it's required for OHV's of all sizes
 

nnnnnate

Well-Known Member
Supporting Member
Location
WVC, UT
I have a lot of experience with on the road cites and stuff but nothing as far as OHV is concerned so I don't know if you need insurance for them or not.

XJ_nate, if you are referring to 41-22-10.1

41-22-10.1. Vehicles operated on posted public land.
(1) Currently registered off-highway vehicles may be operated on public land, trails, streets, or highways that are posted by sign or designated by map or description as open to off-highway vehicle use by the controlling federal, state, county, or municipal agency.
(2) The controlling federal, state, county, or municipal agency may:
(a) provide a map or description showing or describing land, trails, streets, or highways open to off-highway vehicle use; or
(b) post signs designating lands, trails, streets, or highways open to off-highway vehicle use.
(3) Liability may not be imposed on any federal, state, county, or municipality relating to the designation or maintenance of any land, trail, street, or highway open for off-highway vehicle use.

I read that as driving an OHV on a closed road, like when BLM closes an area for reclamation or something like that which would justify the much higher fine in my mind.

41-22-10.2. Off-highway vehicles -- Prohibited on interstate freeway. It is unlawful for an off-highway vehicle to operate along, across, or within the boundaries of an interstate freeway or controlled access highway, as defined in Section 41-6a-102.

41-6a-102. Definitions.
(8) "Controlled-access highway" means a highway, street, or roadway:

Based on what you have said I think the codes cited fit.
 

nnnnnate

Well-Known Member
Supporting Member
Location
WVC, UT
41-22-10.3. Operation of vehicles on highways -- Limits. A person may not operate an off-highway vehicle upon any street or highway, not designated as open to off-highway vehicle use, except:
(1) when crossing a street or highway and the operator comes to a complete stop before crossing, proceeds only after yielding the right of way to oncoming traffic, and crosses at a right angle;
(2) when loading or unloading an off-highway vehicle from a vehicle or trailer, which shall be done with due regard for safety, and at the nearest practical point of operation;
(3) when an emergency exists, during any period of time and at those locations when the operation of conventional motor vehicles is impractical or when the operation is directed by a peace officer or other public authority; or
(4) when operating a street-legal all-terrain vehicle on a highway in accordance with Section 41-6a-1509.

I guess this is the other statute that may fit. I read this one as being more like unsafe traveling or crossing roads on an OHV. I think this code would fit better if someone in an OHV caused an accident on a road because they weren't driving safe, or crossed the road without yielding or something more along that line.
 

N-Smooth

Smooth Gang Founding Member
Location
UT
Gotcha, thanks. It looks like I'll be able to make it out of this for $100 for the OHV citation as long as I can get proof of insurance to the city this month. I don't need a letter in these circumstances, just proof that I was insured on that vehicle on that date. Hopefully my insurance guy just gets it done.
 

Caleb

Well-Known Member
Location
Riverton
FWIW, the no insurance tickets are usually easy to get waived if you actually had insurance and can prove it. I got one once upon a time when I was 16, my glove box was locked and I couldn't get my card out. I just took my card/policy in and they waived it. That was MANY years ago so things may have changed, but it wasn't a big deal.
 

N-Smooth

Smooth Gang Founding Member
Location
UT
FWIW, the no insurance tickets are usually easy to get waived if you actually had insurance and can prove it. I got one once upon a time when I was 16, my glove box was locked and I couldn't get my card out. I just took my card/policy in and they waived it. That was MANY years ago so things may have changed, but it wasn't a big deal.

Yeah, the lady at the city made it clear that it's no big deal at all.
 
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