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(1) Except as provided under Subsection (3), an off-highway vehicle shall be equipped with:
(a) brakes adequate to control the movement of and to stop and hold the vehicle under normal operating conditions;
(b) headlights and taillights when operated between sunset and sunrise;
(c) a noise control device and except for a snowmobile, a spark arrestor device; and
(d) when operated on sand dunes designated by the division, a safety flag that is:
(i) red or orange in color;
(ii) a minimum of six by 12 inches; and
(iii) attached to:
(A) the off-highway vehicle so that the safety flag is at least eight feet above the surface of level ground; or
(B) the protective headgear of a person operating a motorcycle so that the safety flag is at least 18 inches above the top of the person's head.
(2) A violation of Subsection (1) is an infraction.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules, after consultation with the commission, which set standards for the equipment and which designate sand dunes where safety flags are required under Subsection (1).
(4) An off-highway implement of husbandry used only in agricultural operations and not operated on a highway, is exempt from the provisions of this section.