80-7-1019. Enforcement.
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/mt/title-80/chapter-7/part-10/80-7-1019·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
80-7-1019 . Enforcement.
(1)Except as provided in subsection (2), a peace officer, as defined in 45-2-101 , may:
(a)stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part;
(b)upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:
(i)the peace officer obtains a search warrant, as defined in 46-1-202 ; or
(ii)the vessel or equipment is physically located within the boundaries of an invasive species management area established under 80-7-1008 or the statewide invasive species management area established in 80-7-1015 and use of mandatory inspections has been included in quarantine measures established pursuant to 80-7-1008 (3)(b)(i) or rules adopted under 80-7-1007 .
(c)cite a person for a violation of this part.
(a)A peace officer may not require a driver who may be in violation of the requirements of 80-7-1010
(2)and 80-7-1015
(7)to stop except on reasonable cause to believe:
(i)that the driver violated a traffic regulation or another provision of this part; or
(ii)that the driver's vehicle is unsafe or not equipped as required by law.
(b)A driver found to be in violation of 80-7-1010
(2)or 80-7-1015
(7)may correct the violation in the presence of the officer and be deemed in compliance. A correction made pursuant to this subsection (2)(b) may not impact any state waters.