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H.B. 406
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TRAFFIC CODE AMENDMENTS
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: James A. Dunnigan
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Senate Sponsor:
Scott K. Jenkins
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LONG TITLE
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General Description:
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This bill modifies the Traffic Code by amending provisions relating to the operation of
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a motor vehicle.
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Highlighted Provisions:
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This bill:
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. authorizes the Department of Transportation to establish a posted speed limit that
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exceeds 75 miles per hour if the speed limit is based on a traffic engineering and
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safety study and is located between certain mile posts on a portion of the interstate;
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. requires the Department of Transportation to consider the roadway geometry and
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population density when establishing a speed limit that exceeds certain maximum
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speed limits;
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. requires the Department of Transportation to analyze the results and impacts of
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imposing a higher speed limit;
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. requires the Department of Transportation to report its evaluation results to the
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Transportation Interim Committee of the Legislature;
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. provides that an operator of a vehicle that is exempt from minimum speed
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regulations while operating on a grade is not exempt from the requirement to
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promptly pass an overtaken vehicle on the left at a safe distance; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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41-6a-602, as last amended by Laws of Utah 2007, Chapter 52
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41-6a-704, as last amended by Laws of Utah 2007, Chapter 52
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-6a-602
is amended to read:
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41-6a-602. Speed limits established on state highways.
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(1) (a) The Department of Transportation shall determine the reasonable and safe speed
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limit for each highway or section of highway under its jurisdiction.
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(b) For each highway or section of highway, each speed limit shall be based on a traffic
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engineering and safety study consistent with the requirements and recommendations in the
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most current version of the "Manual on Uniform Traffic Control Devices."
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(c) The traffic engineering and safety studies shall include:
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(i) the design speed;
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(ii) prevailing vehicle speeds;
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(iii) accident history;
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(iv) highway, traffic, and roadside conditions; and
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(v) other highway safety factors.
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(2) In addition to the provisions of Subsection (1), the Department of Transportation
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may establish different speed limits on a highway or section of highway based on:
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(a) time of day;
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(b) highway construction;
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(c) type of vehicle;
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(d) weather conditions; and
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(e) other highway safety factors.
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(3) (a) Except as provided in Subsection (3)(b) and (c), a posted speed limit may not
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exceed 65 miles per hour.
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(b) [A] Except as provided in Subsection (3)(c), a posted speed limit on a freeway or
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other limited access [highways] highway may not exceed 75 miles per hour.
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(c) (i) The department may establish a posted speed limit on a freeway or other limited
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access highway that exceeds the maximum speed limit in Subsection (3)(b) if the speed limit
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is:
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(A) based on a highway traffic engineering and safety study; and
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(B) is located on a portion of the interstate system that is between milepost 222 and
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milepost 64.
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(ii) The department shall consider the roadway geometry and population density that
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may be appropriate for a higher speed limit when establishing a speed limit under this
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Subsection (3)(c).
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(iii) If the department establishes a posted speed limit that exceeds the limit under
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Subsection (3)(b), the department shall evaluate the results and impacts of increasing a speed
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limit under Subsection (3)(c).
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(iv) The department shall report the findings of an evaluation conducted under
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Subsection (3)(c)(iii) to the Transportation Interim Committee no later than one year after a
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speed limit has been imposed under this Subsection (3)(c).
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[(c)] (d) This Subsection (3) is an exception to the provisions of Subsections (1) and
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(2).
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(4) When establishing or changing a speed limit, the Department of Transportation
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shall consult with the following entities prior to erecting or changing a speed limit sign:
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(a) the county for state highways in an unincorporated area of the county;
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(b) the municipality for state highways within the municipality's incorporated area;
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(c) the Department of Public Safety; and
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(d) the Transportation Commission.
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(5) The speed limit is effective when appropriate signs giving notice are erected along
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the highway or section of the highway.
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Section 2.
Section
41-6a-704
is amended to read:
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41-6a-704. Overtaking and passing vehicles proceeding in same direction.
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(1) (a) On any highway:
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[(a)] (i) the operator of a vehicle overtaking another vehicle proceeding in the same
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direction shall:
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[(i)] (A) except as provided under Section
41-6a-705
, promptly pass the overtaken
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vehicle on the left at a safe distance; and
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[(ii)] (B) enter a right-hand lane or the right side of the roadway only when safely clear
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of the overtaken vehicle;
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[(b)] (ii) the operator of an overtaken vehicle:
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[(i)] (A) shall give way to the right in favor of the overtaking vehicle; and
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[(ii)] (B) may not increase the speed of the vehicle until completely passed by the
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overtaking vehicle.
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(b) The exemption from the minimum speed regulations for a vehicle operating on a
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grade under Section
41-6a-605
does not exempt the vehicle from promptly passing a vehicle as
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required under Subsection (1)(a)(i)(A).
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(2) On a highway having more than one lane in the same direction, the operator of a
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vehicle traveling in the left general purpose lane:
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(a) shall, upon being overtaken by another vehicle in the same lane, yield to the
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overtaking vehicle by moving safely to a lane to the right; and
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(b) may not impede the movement or free flow of traffic in the left general purpose
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lane.
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(3) An operator of a vehicle traveling in the left general purpose lane that has a vehicle
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following directly behind the operator's vehicle at a distance so that less than two seconds
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elapse before reaching the location of the operator's vehicle when space is available for the
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operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie
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evidence that the operator is violating Subsection (2).
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(4) The provisions of Subsection (2) do not apply to an operator of a vehicle traveling
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in the left general purpose lane when:
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(a) overtaking and passing another vehicle proceeding in the same direction in
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accordance with Subsection (1)(a);
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(b) preparing to turn left or taking a different highway or an exit on the left;
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(c) responding to emergency conditions;
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(d) avoiding actual or potential traffic moving onto the highway from an acceleration
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or merging lane; or
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(e) following the direction of a traffic-control device that directs the use of a designated
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lane.
Legislative Review Note
as of 1-31-08 12:22 PM