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S.B. 5 Enrolled
LONG TITLE
General Description:
This bill recodifies the Traffic Code.
Highlighted Provisions:
This bill:
. updates statutory language to conform to current legislative styles;
. renumbers sections and organizes parts; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
7-24-102, as enacted by Chapter 236, Laws of Utah 2003
13-20-2, as last amended by Chapter 12, Laws of Utah 2004
13-35-102, as last amended by Chapter 123, Laws of Utah 2004
17-43-201, as last amended by Chapters 80 and 228, Laws of Utah 2004
19-2-105, as renumbered and amended by Chapter 112, Laws of Utah 1991
19-2-105.3, as last amended by Chapter 28, Laws of Utah 1995
23-13-17, as enacted by Chapter 307, Laws of Utah 1993
26-1-30, as last amended by Chapter 284, Laws of Utah 2004
32A-1-115, as last amended by Chapter 307, Laws of Utah 2003
39-6-93, as enacted by Chapter 210, Laws of Utah 1988
41-1a-202, as last amended by Chapter 158, Laws of Utah 2003
41-1a-203, as last amended by Chapter 238, Laws of Utah 1998
41-1a-205, as last amended by Chapter 100, Laws of Utah 2002
41-1a-217, as last amended by Chapter 95, Laws of Utah 2004
41-1a-407, as last amended by Chapter 58, Laws of Utah 2003
41-1a-1101, as last amended by Chapter 202, Laws of Utah 2001
41-1a-1206, as last amended by Chapter 244, Laws of Utah 2000
41-3-303, as last amended by Chapter 234, Laws of Utah 1993
41-12a-202, as last amended by Chapter 335, Laws of Utah 2000
41-12a-301, as last amended by Chapter 165, Laws of Utah 2002
41-12a-501, as last amended by Chapter 282, Laws of Utah 1998
41-12a-502, as last amended by Chapter 20, Laws of Utah 1995
41-22-2, as last amended by Chapter 148, Laws of Utah 2002
41-22-10.2, as last amended by Chapter 138, Laws of Utah 1987
41-22-10.6, as enacted by Chapter 162, Laws of Utah 1987
41-22-16, as last amended by Chapter 282, Laws of Utah 1998
41-22-32, as last amended by Chapter 349, Laws of Utah 2004
53-1-106, as last amended by Chapter 131, Laws of Utah 2003
53-1-108, as last amended by Chapter 219, Laws of Utah 2002
53-1-109, as last amended by Chapters 282 and 285, Laws of Utah 1998
53-3-104, as last amended by Chapter 85, Laws of Utah 2001
53-3-105, as last amended by Chapter 85, Laws of Utah 2001
53-3-106, as last amended by Chapter 202, Laws of Utah 2001
53-3-202, as last amended by Chapter 51, Laws of Utah 1997
53-3-214, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-3-218, as last amended by Chapters 131 and 156, Laws of Utah 2003
53-3-220, as last amended by Chapters 161 and 205, Laws of Utah 2004
53-3-222, as last amended by Chapter 155, Laws of Utah 1995
53-3-223, as last amended by Chapter 161, Laws of Utah 2004
53-3-223.5, as enacted by Chapter 298, Laws of Utah 2000
53-3-226, as last amended by Chapter 216, Laws of Utah 1999
53-3-227, as last amended by Chapter 205, Laws of Utah 2004
53-3-231, as last amended by Chapter 161, Laws of Utah 2004
53-3-232, as last amended by Chapter 161, Laws of Utah 2004
53-3-414, as last amended by Chapter 39, Laws of Utah 2001
53-3-418, as last amended by Chapter 161, Laws of Utah 2004
53-8-105, as last amended by Chapter 245, Laws of Utah 1995
53-8-202, as last amended by Chapter 242, Laws of Utah 1996
53-8-213, as last amended by Chapter 131, Laws of Utah 2003
53A-3-402, as last amended by Chapter 315, Laws of Utah 2003
53B-3-106, as enacted by Chapter 167, Laws of Utah 1987
58-20a-305, as last amended by Chapter 82, Laws of Utah 1997
58-67-305, as last amended by Chapter 85, Laws of Utah 2000
58-68-305, as last amended by Chapter 85, Laws of Utah 2000
58-71-305, as enacted by Chapter 282, Laws of Utah 1996
62A-15-105, as last amended by Chapter 228, Laws of Utah 2004
62A-15-502, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth Special
Session
63-2-304, as last amended by Chapters 223, 299 and 358, Laws of Utah 2004
63-30d-301, as enacted by Chapter 267, Laws of Utah 2004
63-55-241, as last amended by Chapter 90, Laws of Utah 2004
63-63a-1, as last amended by Chapter 156, Laws of Utah 2003
72-6-109, as last amended by Chapter 259, Laws of Utah 2003
72-6-114, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-107, as enacted by Chapter 88, Laws of Utah 1998
72-7-401, as last amended by Chapter 154, Laws of Utah 2002
72-7-403, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-407, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-9-501, as last amended by Chapter 185, Laws of Utah 2002
72-9-601, as last amended by Chapter 202, Laws of Utah 2001
72-9-602, as last amended by Chapter 202, Laws of Utah 2001
72-9-603, as last amended by Chapter 222, Laws of Utah 2003
72-10-501, as last amended by Chapter 106, Laws of Utah 2002
72-10-502, as last amended by Chapter 205, Laws of Utah 2004
72-12-110, as renumbered and amended by Chapter 270, Laws of Utah 1998
73-18-13, as last amended by Chapter 335, Laws of Utah 2000
73-18-15.5, as enacted by Chapter 200, Laws of Utah 2002
73-18-20, as last amended by Chapter 282, Laws of Utah 1998
73-18-20.1, as last amended by Chapter 202, Laws of Utah 2001
73-18a-15, as last amended by Chapter 99, Laws of Utah 1987
76-2-101, as last amended by Chapters 90 and 98, Laws of Utah 1983
76-5-207, as last amended by Chapter 228, Laws of Utah 2004
76-10-504, as last amended by Chapter 303, Laws of Utah 2000
76-10-528, as last amended by Chapter 205, Laws of Utah 2004
76-10-1506, as last amended by Chapter 268, Laws of Utah 2004
77-2-4.2, as enacted by Chapter 203, Laws of Utah 2004
77-2a-3.1, as enacted by Chapter 228, Laws of Utah 2004
77-7-18, as last amended by Chapter 270, Laws of Utah 1998
77-18-12, as last amended by Chapter 228, Laws of Utah 2004
78-3a-104, as last amended by Chapter 201, Laws of Utah 2004
78-18-1, as last amended by Chapter 164, Laws of Utah 2004
78-57-102, as last amended by Chapter 218, Laws of Utah 2004
ENACTS:
41-6a-501, Utah Code Annotated 1953
41-6a-503, Utah Code Annotated 1953
41-6a-504, Utah Code Annotated 1953
41-6a-505, Utah Code Annotated 1953
41-6a-506, Utah Code Annotated 1953
41-6a-507, Utah Code Annotated 1953
41-6a-508, Utah Code Annotated 1953
41-6a-509, Utah Code Annotated 1953
41-6a-512, Utah Code Annotated 1953
41-6a-521, Utah Code Annotated 1953
41-6a-522, Utah Code Annotated 1953
41-6a-523, Utah Code Annotated 1953
41-6a-524, Utah Code Annotated 1953
41-6a-1116, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
41-6a-101, (Renumbered from 41-6-175, Utah Code Annotated 1953)
41-6a-102, (Renumbered from 41-6-1, as last amended by Chapters 34 and 165, Laws of
Utah 2002)
41-6a-201, (Renumbered from 41-6-11, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-202, (Renumbered from 41-6-12, as last amended by Chapter 60, Laws of Utah
1993)
41-6a-203, (Renumbered from 41-6-164.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-204, (Renumbered from 41-6-165, Utah Code Annotated 1953)
41-6a-205, (Renumbered from 41-6-165.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-206, (Renumbered from 41-6-175.5, as enacted by Chapter 207, Laws of Utah
1975)
41-6a-207, (Renumbered from 41-6-16, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-208, (Renumbered from 41-6-17, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-209, (Renumbered from 41-6-13, as last amended by Chapter 317, Laws of Utah
1998)
41-6a-210, (Renumbered from 41-6-13.5, as last amended by Chapter 134, Laws of Utah
2003)
41-6a-211, (Renumbered from 41-6-13.7, as last amended by Chapter 185, Laws of Utah
2002)
41-6a-212, (Renumbered from 41-6-14, as last amended by Chapter 168, Laws of Utah
2004)
41-6a-213, (Renumbered from 41-6-15, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-214, (Renumbered from 41-6-17.5, as last amended by Chapter 350, Laws of Utah
1999)
41-6a-215, (Renumbered from 41-6-18, as last amended by Chapter 33, Laws of Utah
1988)
41-6a-216, (Renumbered from 41-6-19, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-217, (Renumbered from 41-6-19.5, as last amended by Chapter 98, Laws of Utah
1999)
41-6a-301, (Renumbered from 41-6-20, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-302, (Renumbered from 41-6-21, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-303, (Renumbered from 41-6-20.1, as last amended by Chapters 66 and 120, Laws
of Utah 1994)
41-6a-304, (Renumbered from 41-6-23, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-305, (Renumbered from 41-6-24, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-306, (Renumbered from 41-6-25, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-307, (Renumbered from 41-6-26, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-308, (Renumbered from 41-6-26.5, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-309, (Renumbered from 41-6-27, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-310, (Renumbered from 41-6-1.5, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-311, (Renumbered from 41-6-28, as last amended by Chapter 57, Laws of Utah
2004)
41-6a-401, (Renumbered from 41-6-31, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-402, (Renumbered from 41-6-35, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-403, (Renumbered from 41-6-35.5, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-404, (Renumbered from 41-6-40, as last amended by Chapters 19 and 244, Laws of
Utah 2003)
41-6a-405, (Renumbered from 41-6-39, as last amended by Chapter 85, Laws of Utah
2001)
41-6a-406, (Renumbered from 41-6-41, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-407, (Renumbered from 41-6-38, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-408, (Renumbered from 41-6-38.5, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-502, (Renumbered from 41-6-44, as last amended by Chapters 161, 205 and 228,
Laws of Utah 2004)
41-6a-510, (Renumbered from 41-6-43, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-511, (Renumbered from 41-6-43.7, as last amended by Chapter 3, Laws of Utah
2002, Fifth Special Session)
41-6a-513, (Renumbered from 41-6-43.8, as last amended by Chapter 228, Laws of Utah
2004)
41-6a-514, (Renumbered from 41-6-44.1, as enacted by Chapter 161, Laws of Utah 1987)
41-6a-515, (Renumbered from 41-6-44.3, as last amended by Chapter 205, Laws of Utah
2004)
41-6a-516, (Renumbered from 41-6-44.5, as last amended by Chapter 106, Laws of Utah
2002)
41-6a-517, (Renumbered from 41-6-44.6, as last amended by Chapter 8, Laws of Utah
2002)
41-6a-518, (Renumbered from 41-6-44.7, as last amended by Chapters 50 and 289, Laws
of Utah 2001)
41-6a-519, (Renumbered from 41-6-44.8, as last amended by Chapters 47 and 71, Laws
of Utah 1996)
41-6a-520, (Renumbered from 41-6-44.10, as last amended by Chapters 161 and 205,
Laws of Utah 2004)
41-6a-525, (Renumbered from 41-6-44.12, as last amended by Chapter 205, Laws of
Utah 2004)
41-6a-526, (Renumbered from 41-6-44.20, as last amended by Chapter 268, Laws of
Utah 2004)
41-6a-527, (Renumbered from 41-6-44.30, as last amended by Chapter 200, Laws of
Utah 2002)
41-6a-528, (Renumbered from 41-6-45, as last amended by Chapter 25, Laws of Utah
2000)
41-6a-601, (Renumbered from 41-6-46, as last amended by Chapter 49, Laws of Utah
1996)
41-6a-602, (Renumbered from 41-6-47, as last amended by Chapter 49, Laws of Utah
1996)
41-6a-603, (Renumbered from 41-6-48, as last amended by Chapter 270, Laws of Utah
1998)
41-6a-604, (Renumbered from 41-6-48.5, as last amended by Chapter 94, Laws of Utah
1998)
41-6a-605, (Renumbered from 41-6-49, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-606, (Renumbered from 41-6-51, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-607, (Renumbered from 41-6-52, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-608, (Renumbered from 41-6-52.5, as last amended by Chapter 343, Laws of Utah
1996)
41-6a-609, (Renumbered from 41-6-52.7, as enacted by Chapter 223, Laws of Utah 1998)
41-6a-701, (Renumbered from 41-6-53, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-702, (Renumbered from 41-6-53.5, as last amended by Chapter 74, Laws of Utah
2002)
41-6a-703, (Renumbered from 41-6-54, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-704, (Renumbered from 41-6-55, as last amended by Chapter 74, Laws of Utah
2002)
41-6a-705, (Renumbered from 41-6-56, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-706, (Renumbered from 41-6-57, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-707, (Renumbered from 41-6-58, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-708, (Renumbered from 41-6-59, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-709, (Renumbered from 41-6-60, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-710, (Renumbered from 41-6-61, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-711, (Renumbered from 41-6-62, as last amended by Chapter 16, Laws of Utah
2000)
41-6a-712, (Renumbered from 41-6-63.10, as last amended by Chapters 135 and 138,
Laws of Utah 1987)
41-6a-713, (Renumbered from 41-6-63.30, as last amended by Chapter 174, Laws of
Utah 2004)
41-6a-714, (Renumbered from 41-6-64, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-715, (Renumbered from 41-6-65, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-801, (Renumbered from 41-6-66, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-802, (Renumbered from 41-6-67, as last amended by Chapter 174, Laws of Utah
2004)
41-6a-803, (Renumbered from 41-6-68, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-804, (Renumbered from 41-6-69, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-901, (Renumbered from 41-6-72, as last amended by Chapter 31, Laws of Utah
1990)
41-6a-902, (Renumbered from 41-6-72.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-903, (Renumbered from 41-6-73, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-904, (Renumbered from 41-6-76, as last amended by Chapter 45, Laws of Utah
2002)
41-6a-905, (Renumbered from 41-6-76.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-906, (Renumbered from 41-6-99, as enacted by Chapter 242, Laws of Utah 1979)
41-6a-1001, (Renumbered from 41-6-77, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1002, (Renumbered from 41-6-78, as last amended by Chapter 91, Laws of Utah
1992)
41-6a-1003, (Renumbered from 41-6-79, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1004, (Renumbered from 41-6-79.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1005, (Renumbered from 41-6-79.20, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1006, (Renumbered from 41-6-80, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1007, (Renumbered from 41-6-80.1, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1008, (Renumbered from 41-6-80.5, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1009, (Renumbered from 41-6-82, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1010, (Renumbered from 41-6-82.10, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1011, (Renumbered from 41-6-82.50, as enacted by Chapter 98, Laws of Utah
1987)
41-6a-1101, (Renumbered from 41-6-83, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1102, (Renumbered from 41-6-84, as last amended by Chapter 59, Laws of Utah
1997)
41-6a-1103, (Renumbered from 41-6-85, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1104, (Renumbered from 41-6-86, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1105, (Renumbered from 41-6-87, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1106, (Renumbered from 41-6-87.3, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1107, (Renumbered from 41-6-87.4, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1108, (Renumbered from 41-6-87.5, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1109, (Renumbered from 41-6-87.7, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1110, (Renumbered from 41-6-87.8, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1111, (Renumbered from 41-6-87.9, as last amended by Chapter 138, Laws of
Utah 1987)
41-6a-1112, (Renumbered from 41-6-88, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1113, (Renumbered from 41-6-89, as last amended by Chapter 138, Laws of Utah
1987)
41-6a-1114, (Renumbered from 41-6-90, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1115, (Renumbered from 41-6-90.5, as last amended by Chapter 165, Laws of
Utah 2002)
41-6a-1201, (Renumbered from 41-6-93, Utah Code Annotated 1953)
41-6a-1202, (Renumbered from 41-6-94, Utah Code Annotated 1953)
41-6a-1203, (Renumbered from 41-6-95, as last amended by Chapter 37, Laws of Utah
1997)
41-6a-1204, (Renumbered from 41-6-95.5, as enacted by Chapter 33, Laws of Utah 1978)
41-6a-1205, (Renumbered from 41-6-97, as last amended by Chapter 39, Laws of Utah
2001)
41-6a-1206, (Renumbered from 41-6-98, as last amended by Chapter 39, Laws of Utah
2001)
41-6a-1301, (Renumbered from 41-6-140.10, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1302, (Renumbered from 41-6-100.10, as last amended by Chapter 29, Laws of
Utah 2000)
41-6a-1303, (Renumbered from 41-6-100.15, as last amended by Chapter 85, Laws of
Utah 2001)
41-6a-1304, (Renumbered from 41-6-115, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1305, (Renumbered from 41-6-116, as last amended by Chapter 242, Laws of Utah
1979)
41-6a-1306, (Renumbered from 41-6-116.1, as enacted by Chapter 334, Laws of Utah
1996)
41-6a-1307, (Renumbered from 41-6-103.5, as last amended by Chapter 41, Laws of
Utah 2003)
41-6a-1401, (Renumbered from 41-6-103, as last amended by Chapters 235 and 282,
Laws of Utah 1998)
41-6a-1402, (Renumbered from 41-6-104, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1403, (Renumbered from 41-6-105, as last amended by Chapter 112, Laws of Utah
1969)
41-6a-1404, (Renumbered from 41-6-101, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1405, (Renumbered from 41-6-102, as last amended by Chapter 202, Laws of Utah
2001)
41-6a-1406, (Renumbered from 41-6-102.5, as last amended by Chapter 91, Laws of
Utah 2003)
41-6a-1407, (Renumbered from 41-6-102.7, as enacted by Chapter 202, Laws of Utah
2001)
41-6a-1408, (Renumbered from 41-6-116.10, as last amended by Chapters 85 and 202,
Laws of Utah 2001)
41-6a-1501, (Renumbered from 41-6-107, as last amended by Chapter 113, Laws of Utah
1969)
41-6a-1502, (Renumbered from 41-6-107.2, as last amended by Chapter 162, Laws of
Utah 1987)
41-6a-1503, (Renumbered from 41-6-107.4, as enacted by Chapter 113, Laws of Utah
1969)
41-6a-1504, (Renumbered from 41-6-107.6, as enacted by Chapter 113, Laws of Utah
1969)
41-6a-1505, (Renumbered from 41-6-107.8, as last amended by Chapter 165, Laws of
Utah 2002)
41-6a-1506, (Renumbered from 41-6-154.50, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1507, (Renumbered from 41-6-155.5, as enacted by Chapter 73, Laws of Utah
2000)
41-6a-1508, (Renumbered from 41-6-117.6, as enacted by Chapter 34, Laws of Utah
2002)
41-6a-1601, (Renumbered from 41-6-117, as last amended by Chapter 162, Laws of Utah
1987)
41-6a-1602, (Renumbered from 41-6-117.5, as last amended by Chapter 282, Laws of
Utah 1998)
41-6a-1603, (Renumbered from 41-6-118, as last amended by Chapter 242, Laws of Utah
1979)
41-6a-1604, (Renumbered from 41-6-119, as last amended by Chapter 242, Laws of Utah
1979)
41-6a-1605, (Renumbered from 41-6-127, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1606, (Renumbered from 41-6-128, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1607, (Renumbered from 41-6-129, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1608, (Renumbered from 41-6-130, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1609, (Renumbered from 41-6-130.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1610, (Renumbered from 41-6-131, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1611, (Renumbered from 41-6-133, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1612, (Renumbered from 41-6-133.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1613, (Renumbered from 41-6-135, as last amended by Chapter 50, Laws of Utah
1991)
41-6a-1614, (Renumbered from 41-6-135.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1615, (Renumbered from 41-6-138, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1616, (Renumbered from 41-6-140, as last amended by Chapter 44, Laws of Utah
2001)
41-6a-1617, (Renumbered from 41-6-140.20, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1618, (Renumbered from 41-6-141, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1619, (Renumbered from 41-6-141.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1620, (Renumbered from 41-6-143, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1621, (Renumbered from 41-6-143.5, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1622, (Renumbered from 41-6-144, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1623, (Renumbered from 41-6-145, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1624, (Renumbered from 41-6-145.5, as last amended by Chapter 362, Laws of
Utah 2004)
41-6a-1625, (Renumbered from 41-6-146, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1626, (Renumbered from 41-6-147, as last amended by Chapter 94, Laws of Utah
1992)
41-6a-1627, (Renumbered from 41-6-148, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1628, (Renumbered from 41-6-148.10, as enacted by Chapter 86, Laws of Utah
1961)
41-6a-1629, (Renumbered from 41-6-148.29, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1630, (Renumbered from 41-6-148.31, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1631, (Renumbered from 41-6-148.32, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1632, (Renumbered from 41-6-148.33, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1633, (Renumbered from 41-6-150.10, as last amended by Chapter 47, Laws of
Utah 2001)
41-6a-1634, (Renumbered from 41-6-148.40, as enacted by Chapter 86, Laws of Utah
1961)
41-6a-1635, (Renumbered from 41-6-149, as last amended by Chapter 25, Laws of Utah
2002)
41-6a-1636, (Renumbered from 41-6-150, as last amended by Chapter 270, Laws of Utah
1981)
41-6a-1637, (Renumbered from 41-6-152, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1638, (Renumbered from 41-6-153, as last amended by Chapter 282, Laws of Utah
1998)
41-6a-1639, (Renumbered from 41-6-154, as enacted by Chapter 242, Laws of Utah
1979)
41-6a-1640, (Renumbered from 41-6-154.10, as enacted by Chapter 71, Laws of Utah
1955)
41-6a-1641, (Renumbered from 41-6-154.20, as last amended by Chapter 140, Laws of
Utah 1995)
41-6a-1642, (Renumbered from 41-6-163.6, as last amended by Chapter 143, Laws of
Utah 2002)
41-6a-1643, (Renumbered from 41-6-163.7, as last amended by Chapter 37, Laws of
Utah 1995)
41-6a-1644, (Renumbered from 41-6-163.8, as last amended by Chapter 20, Laws of
Utah 1995)
41-6a-1701, (Renumbered from 41-6-106, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1702, (Renumbered from 41-6-106.10, as last amended by Chapter 44, Laws of
Utah 2001)
41-6a-1703, (Renumbered from 41-6-108, Utah Code Annotated 1953)
41-6a-1704, (Renumbered from 41-6-108.10, as enacted by Chapter 207, Laws of Utah
1975)
41-6a-1705, (Renumbered from 41-6-109, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1706, (Renumbered from 41-6-109.5, as last amended by Chapter 53, Laws of
Utah 1996)
41-6a-1707, (Renumbered from 41-6-109.10, as enacted by Chapter 207, Laws of Utah
1975)
41-6a-1708, (Renumbered from 41-6-110, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1709, (Renumbered from 41-6-111, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1710, (Renumbered from 41-6-112, as last amended by Chapter 207, Laws of Utah
1975)
41-6a-1711, (Renumbered from 41-6-113, as last amended by Chapter 33, Laws of Utah
1978)
41-6a-1712, (Renumbered from 41-6-114, as last amended by Chapters 270 and 282,
Laws of Utah 1998)
41-6a-1713, (Renumbered from 41-6-114.1, as last amended by Chapters 33 and 241,
Laws of Utah 1991)
41-6a-1714, (Renumbered from 41-6-114.2, as last amended by Chapter 242, Laws of
Utah 1979)
41-6a-1801, (Renumbered from 41-6-181, as last amended by Chapter 5, Laws of Utah
1991)
41-6a-1802, (Renumbered from 41-6-181.5, as enacted by Chapter 153, Laws of Utah
2000)
41-6a-1803, (Renumbered from 41-6-182, as repealed and reenacted by Chapter 153,
Laws of Utah 2000)
41-6a-1804, (Renumbered from 41-6-183, as last amended by Chapter 153, Laws of Utah
2000)
41-6a-1805, (Renumbered from 41-6-185, as last amended by Chapter 109, Laws of Utah
2002)
41-6a-1806, (Renumbered from 41-6-186, as last amended by Chapter 153, Laws of Utah
2000)
77-7-24, (Renumbered from 41-6-167, as last amended by Chapter 282, Laws of Utah
1998)
77-7-25, (Renumbered from 41-6-173, as last amended by Chapter 161, Laws of Utah
2004)
77-7-26, (Renumbered from 41-6-172, as last amended by Chapter 282, Laws of Utah
1998)
REPEALS:
41-6-22, as last amended by Chapter 174, Laws of Utah 2004
41-6-29, as last amended by Chapter 44, Laws of Utah 1999
41-6-30, as last amended by Chapter 44, Laws of Utah 1999
41-6-32, as last amended by Chapter 44, Laws of Utah 1999
41-6-37, as last amended by Chapter 85, Laws of Utah 2001
41-6-42, as last amended by Chapter 85, Laws of Utah 2001
41-6-43.5, as last amended by Chapter 200, Laws of Utah 2002
41-6-50, as last amended by Chapter 138, Laws of Utah 1987
41-6-70, as last amended by Chapter 138, Laws of Utah 1987
41-6-71, as last amended by Chapter 44, Laws of Utah 2001
41-6-75, as last amended by Chapter 138, Laws of Utah 1987
41-6-75.5, as last amended by Chapter 16, Laws of Utah 2000
41-6-120, as enacted by Chapter 242, Laws of Utah 1979
41-6-121.10, as last amended by Chapter 63, Laws of Utah 1986
41-6-122, as enacted by Chapter 242, Laws of Utah 1979
41-6-132, as enacted by Chapter 242, Laws of Utah 1979
41-6-139, as last amended by Chapter 242, Laws of Utah 1979
41-6-142, as enacted by Chapter 242, Laws of Utah 1979
41-6-155, as last amended by Chapters 30 and 111, Laws of Utah 1992
41-6-166, as last amended by Chapter 30, Laws of Utah 1992
41-6-168, as last amended by Chapters 183 and 187, Laws of Utah 1983
41-6-169, as last amended by Chapter 282, Laws of Utah 1998
41-6-170, Utah Code Annotated 1953
41-6-171, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 7-24-102 is amended to read:
7-24-102. Definitions.
As used in this chapter:
(1) "Rollover" means the extension or renewal of the term of a title loan.
(2) (a) "Title lender" means a person that extends a title loan.
(b) "Title lender" includes a person that:
(i) arranges a title loan on behalf of a title lender;
(ii) acts as an agent for a title lender; or
(iii) assists a title lender in the extension of a title loan.
(3) (a) "Title loan" means a loan secured by the title to a:
(i) motor vehicle, as defined in Section [
(ii) mobile home, as defined in Section [
(iii) motorboat, as defined in Section 73-18-2 .
(b) "Title loan" includes a title loan extended at the same premise on which any of the
following are sold:
(i) a motor vehicle, as defined in Section [
(ii) a mobile home, as defined in Section [
(iii) a motorboat, as defined in Section 73-18-2 .
(c) "Title loan" does not include:
(i) a purchase money loan;
(ii) a loan made in connection with the sale of a:
(A) motor vehicle, as defined in Section [
(B) mobile home, as defined in Section [
(C) motorboat, as defined in Section 73-18-2 ; or
(iii) a loan extended by an institution listed in Section 7-24-305 .
Section 2. Section 13-20-2 is amended to read:
13-20-2. Definitions.
As used in this chapter:
(1) "Consumer" means an individual who has entered into an agreement or contract for
the transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or
sublease, during the duration of the period defined under Section 13-20-5 .
(2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
as the warrantor on an express written warranty on a motor vehicle.
(3) "Motor home" means a self-propelled vehicular unit, primarily designed as a
temporary dwelling for travel, recreational, and vacation use.
(4) (a) "Motor vehicle" includes:
(i) a motor home, as defined in this section, but only the self-propelled vehicle and
chassis sold in this state;
(ii) a motor vehicle, as defined in Section 41-1a-102 , sold in this state; and
(iii) a motorcycle, as defined in Section 41-1a-102 , sold in this state if the motorcycle is
designed primarily for use and operation on paved highways.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobile
dwelling, office, or commercial space;
(ii) farm tractor, road tractor, or truck tractor as defined in Section 41-1a-102 ;
(iii) mobile home as defined in Section 41-1a-102 ;
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a motor
home as defined under Subsection (3);
(v) a motorcycle, as defined in Section 41-1a-102 , if the motorcycle is designed primarily
for use or operation over unimproved terrain;
(vi) an electric assisted bicycle as defined in Section [
(vii) a moped as defined in Section [
(viii) a motor assisted scooter as defined in Section [
(ix) a motor-driven cycle as defined in Section [
Section 3. Section 13-35-102 is amended to read:
13-35-102. Definitions.
As used in this chapter:
(1) "Board" means the Utah Powersport Vehicle Franchise Advisory Board created in
Section 13-35-103 .
(2) "Dealership" means a site or location in this state:
(a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
(b) that is identified as a new powersport vehicle dealer's principal place of business for
registration purposes under Section 13-35-105 .
(3) "Department" means the Department of Commerce.
(4) "Executive director" means the executive director of the Department of Commerce.
(5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
indefinite period, in which:
(a) a person grants to another person a license to use a trade name, trademark, service
mark, or related characteristic; and
(b) a community of interest exists in the marketing of new powersport vehicles, new
powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at
wholesale or retail.
(6) "Franchisee" means a person with whom a franchisor has agreed or permitted, in
writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,
produced, represented, or distributed by the franchisor.
(7) (a) "Franchisor" means a person who has, in writing or in practice, agreed with or
permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured,
produced, represented, or distributed by the franchisor, and includes:
(i) the manufacturer or distributor of the new powersport vehicles;
(ii) an intermediate distributor;
(iii) an agent, officer, or field or area representative of the franchisor; and
(iv) a person who is affiliated with a manufacturer or a representative or who directly or
indirectly through an intermediary is controlled by, or is under common control with the
manufacturer.
(b) For purposes of Subsection (7)(a)(iv), a person is controlled by a manufacturer if the
manufacturer has the authority directly or indirectly by law or by an agreement of the parties, to
direct or influence the management and policies of the person.
(8) "Lead" means the referral by a franchisor to a franchisee of an actual or potential
customer for the purchase or lease of a new powersport vehicle, or for service work related to the
franchisor's vehicles.
(9) "Line-make" means the powersport vehicles that are offered for sale, lease, or
distribution under a common name, trademark, service mark, or brand name of the franchisor, or
manufacturer of the powersport vehicle.
(10) (a) "Powersport vehicle" means:
(i) an all-terrain type I or type II vehicle "ATV" defined in Section 41-22-2 ;
(ii) a snowmobile as defined in Section 41-22-2 ;
(iii) a motorcycle as defined in Section 41-1a-102 ;
(iv) a personal watercraft as defined in Section 73-18-2 ;
(v) except as provided in Subsection (10)(b), a motor-driven cycle as defined in Section
[
(vi) a moped as defined in Section [
(b) "Powersport vehicle" does not include:
(i) an electric assisted bicycle defined in Section [
(ii) a motor assisted scooter as defined in Section [
(iii) a personal motorized mobility device as defined in Section [
(11) "New powersport vehicle dealer" means a person who is engaged in the business of
buying, selling, offering for sale, or exchanging new powersport vehicles either outright or on
conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place of
business for the sale, lease, trade, or display of powersport vehicles.
(12) "Notice" or "notify" includes both traditional written communications and all
reliable forms of electronic communication unless expressly prohibited by statute or rule.
(13) "Relevant market area" means:
(a) the county in which a powersport dealership is to be established or relocated; and
(b) the area within a 15-mile radius from the site of the new or relocated dealership.
(14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest in
a franchise, with or without consideration, including a bequest, inheritance, gift, exchange, lease,
or license.
(15) "Serve" or "served," unless expressly indicated otherwise by statute or rule, includes
any reliable form of communication.
(16) "Written," "write," "in writing," or other variations of those terms shall include all
reliable forms of electronic communication.
Section 4. Section 17-43-201 is amended to read:
17-43-201. Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of government
under Section 17-52-504 , the county legislative body is the local substance abuse authority,
provided however that any contract for plan services shall be administered by the county
executive.
(ii) In each county operating under a council-manager form of government under Section
17-52-505 , the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this section,
and under the policy direction of the board and the administrative direction of the division, each
local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans; and
(ii) provide substance abuse services to residents of the county.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to provide substance abuse prevention and
treatment services.
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as the
treasurer for the combined substance abuse authorities and as the custodian of moneys available
for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the moneys for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting actions
within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement, personnel,
and administrative policies as already established by one of the participating counties or as
approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) (a) Each local substance abuse authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for substance abuse services, regardless of whether the services are
provided by a private contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments for
the purpose of providing substance abuse programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local substance abuse authorities with regard to programs and
services.
(4) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or other
county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county legislative
body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by contract,
for adults, youth, and children, including those incarcerated in a county jail or other county
correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised policies established by the board;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the policies of the board, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and services
in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and Mental Health
Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts
Act, and Title 51, Chapter [
Interlocal Organizations and Other Local Entities Act;
(m) for persons convicted of driving under the influence in violation of [
defined in Section [
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection 62A-15-503 (1) to
supplement the cost of providing the services described in Subsection (4)(m).
(5) Before disbursing any public funds, each local substance abuse authority shall require
that each entity that receives any public funds from the local substance abuse authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance of
the services provided to the local substance abuse authority shall be subject to examination by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an agreement
under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative body,
the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) As used in this section, "public funds" means the same as that term is defined in
Section 17-43-203 .
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract between
the local substance abuse authority and the provider for the provision of plan services.
Section 5. Section 19-2-105 is amended to read:
19-2-105. Duties of board.
The board, in conjunction with the governing body of each county identified in Section
[
inspection and maintenance program developed under Section [
including issues relating to:
(1) the implementation of a standardized inspection and maintenance program;
(2) out-of-state registration of vehicles used in Utah;
(3) out-of-county registration of vehicles used within the areas required to have an
inspection and maintenance program;
(4) use of the farm truck exemption;
(5) mechanic training programs;
(6) emissions standards; and
(7) emissions waivers.
Section 6. Section 19-2-105.3 is amended to read:
19-2-105.3. Clean fuel requirements for fleets.
(1) As used in this section:
(a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(b) "Clean fuel" means:
(i) propane, compressed natural gas, or electricity;
(ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation Act,
determines annually on or before July 1 is at least as effective as fuels under Subsection (1)(b)(i)
in reducing air pollution; and
(iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act.
(c) "Fleet" means ten or more vehicles:
(i) owned or operated by a single entity as defined by board rule; and
(ii) capable of being fueled or that are fueled at a central location.
(d) "Fleet" does not include motor vehicles that are:
(i) held for lease or rental to the general public;
(ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
(iii) used by motor vehicle manufacturers for product evaluations or tests;
(iv) authorized emergency vehicles as defined in Section [
(v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
(vi) special mobile equipment as defined in Section 41-1a-102 ;
(vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
(viii) regularly used by employees to drive to and from work, parked at the employees'
personal residences when they are not at their employment, and not practicably fueled at a central
location;
(ix) owned, operated, or leased by public transit districts; or
(x) exempted by board rule.
(2) (a) After evaluation of reasonably available pollution control strategies, and as part of
the state implementation plan demonstrating attainment of the national ambient air quality
standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified
geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
(i) necessary to demonstrate attainment of the national ambient air quality standards in
any area where they are required; and
(ii) reasonably cost effective when compared to other similarly beneficial control
strategies for demonstrating attainment of the national ambient air quality standards.
(b) State implementation plans developed prior to July 1, 1995, may require fleets to use
clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels is
necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
standards in any area by an attainment date established by federal law.
(c) The board may not require more than 50% of those trucks in a fleet that are heavy
duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
26,000 pounds to convert to clean fuels under Subsection (2)(b).
(3) (a) After evaluation of reasonably available pollution control strategies, and as part of
a state implementation plan demonstrating only maintenance of the national ambient air quality
standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified
geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
(i) necessary to demonstrate maintenance of the national ambient air quality standards in
any area where they are required; and
(ii) reasonably cost effective as compared with other similarly beneficial control
strategies for demonstrating maintenance of the national ambient air quality standards.
(b) Under Subsection (3)(a) the board may require no more than:
(i) 30% of a fleet to use clean fuels before January 1, 1998;
(ii) 50% of a fleet to use clean fuels before January 1, 1999; and
(iii) 70% of a fleet to use clean fuels before January 1, 2000.
(c) The board may not require more than 50% of those trucks in a fleet that are heavy
duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
26,000 pounds to convert to clean fuels under Subsection (3)(b).
(4) Rules the board makes under this section may include:
(a) dates by which fleets are required to convert to clean fuels under the provisions of
this section;
(b) definitions of fleet owners or operators;
(c) definitions of vehicles exempted from this section by rule;
(d) certification requirements for persons who install clean fuel conversion equipment,
including testing and certification standards regarding installers; and
(e) certification fees for installers, established under Section 63-38-3.2 .
(5) Implementation of this section and rules made under this section are subject to the
reasonable availability of clean fuel in the local market as determined by the board.
Section 7. Section 23-13-17 is amended to read:
23-13-17. Spotlighting of coyote, red fox, striped skunk, and raccoon -- County
ordinances - Permits.
(1) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon where
allowed by a county ordinance enacted pursuant to this section.
(2) The ordinance shall provide that:
(a) any artificial light used to spotlight coyote, red fox, striped skunk, or raccoon must be
carried by the hunter;
(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may not
be used to spotlight the animal; and
(c) while hunting with the use of an artificial light, the hunter may not occupy or operate
any motor vehicle.
(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
defined in Section [
(4) The ordinance may specify:
(a) the time of day and seasons when spotlighting is permitted;
(b) areas closed or open to spotlighting within the unincorporated area of the county;
(c) safety zones within which spotlighting is prohibited;
(d) the weapons permitted; and
(e) penalties for violation of the ordinance.
(5) (a) A county may restrict the number of hunters engaging in spotlighting by requiring
a permit to spotlight and issuing a limited number of permits.
(b) (i) A fee may be charged for a spotlighting permit.
(ii) Any permit fee shall be established by the county ordinance.
(iii) Revenues generated by the permit fee shall be remitted to the Division of Wildlife
Resources for deposit into the Wildlife Resources Account, except the Wildlife Board may allow
any county that enacts an ordinance pursuant to this section to retain a reasonable amount to pay
for the costs of administering and enforcing the ordinance, provided this use of the permit
revenues does not affect federal funds received by the state under 16 U.S.C. Sec. 669 et seq.,
Wildlife Restoration Act and 16 U.S.C. Sec. 777 et seq., Sport Fish Restoration Act.
(6) A county may require hunters to notify the county sheriff of the time and place they
will be engaged in spotlighting.
(7) The requirement that a county ordinance must be enacted before a person may use
spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
(a) a person or his agent who is lawfully acting to protect his crops or domestic animals
from predation by those animals; or
(b) an animal damage control agent acting in his official capacity under a memorandum
of agreement with the division.
Section 8. Section 26-1-30 is amended to read:
26-1-30. Powers and duties of department.
(1) The department shall:
(a) enter into cooperative agreements with the Department of Environmental Quality to
delineate specific responsibilities to assure that assessment and management of risk to human
health from the environment are properly administered; and
(b) consult with the Department of Environmental Quality and enter into cooperative
agreements, as needed, to ensure efficient use of resources and effective response to potential
health and safety threats from the environment, and to prevent gaps in protection from potential
risks from the environment to specific individuals or population groups.
(2) In addition to all other powers and duties of the department, it shall have and exercise
the following powers and duties:
(a) promote and protect the health and wellness of the people within the state;
(b) establish, maintain, and enforce rules necessary or desirable to carry out the
provisions and purposes of this title to promote and protect the public health or to prevent disease
and illness;
(c) investigate and control the causes of epidemic, infectious, communicable, and other
diseases affecting the public health;
(d) provide for the detection, reporting, prevention, and control of communicable,
infectious, acute, chronic, or any other disease or health hazard that the department considers to
be dangerous, important, or likely to affect the public health;
(e) collect and report information on causes of injury, sickness, death, and disability and
the risk factors that contribute to the causes of injury, sickness, death, and disability within the
state;
(f) collect, prepare, publish, and disseminate information to inform the public concerning
the health and wellness of the population, specific hazards, and risks that may affect the health
and wellness of the population and specific activities which may promote and protect the health
and wellness of the population;
(g) establish and operate programs necessary or desirable for the promotion or protection
of the public health and the control of disease or which may be necessary to ameliorate the major
causes of injury, sickness, death, and disability in the state, except that the programs shall not be
established if adequate programs exist in the private sector;
(h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
exercise physical control over property and individuals as the department finds necessary for the
protection of the public health;
(i) close theaters, schools, and other public places and forbid gatherings of people when
necessary to protect the public health;
(j) abate nuisances when necessary to eliminate sources of filth and infectious and
communicable diseases affecting the public health;
(k) make necessary sanitary and health investigations and inspections in cooperation with
local health departments as to any matters affecting the public health;
(l) establish laboratory services necessary to support public health programs and medical
services in the state;
(m) establish and enforce standards for laboratory services which are provided by any
laboratory in the state when the purpose of the services is to protect the public health;
(n) cooperate with the Labor Commission to conduct studies of occupational health
hazards and occupational diseases arising in and out of employment in industry, and make
recommendations for elimination or reduction of the hazards;
(o) cooperate with the local health departments, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victims Reparations Board to conduct testing for HIV infection of convicted sexual offenders
and any victims of a sexual offense;
(p) investigate the cause of maternal and infant mortality;
(q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
and drivers of motor vehicles killed in highway accidents be examined for the presence and
concentration of alcohol;
(r) provide the commissioner of public safety with monthly statistics reflecting the results
of the examinations provided for in Subsection (2)(q) and provide safeguards so that information
derived from the examinations is not used for a purpose other than the compilation of statistics
authorized in this Subsection (2)(r);
(s) establish qualifications for individuals permitted to draw blood pursuant to Section
[
be terminated or revoked by the department;
(t) establish a uniform public health program throughout the state which includes
continuous service, employment of qualified employees, and a basic program of disease control,
vital and health statistics, sanitation, public health nursing, and other preventive health programs
necessary or desirable for the protection of public health;
(u) adopt rules and enforce minimum sanitary standards for the operation and
maintenance of:
(i) orphanages;
(ii) boarding homes;
(iii) summer camps for children;
(iv) lodging houses;
(v) hotels;
(vi) restaurants and all other places where food is handled for commercial purposes, sold,
or served to the public;
(vii) tourist and trailer camps;
(viii) service stations;
(ix) public conveyances and stations;
(x) public and private schools;
(xi) factories;
(xii) private sanatoria;
(xiii) barber shops;
(xiv) beauty shops;
(xv) physicians' offices;
(xvi) dentists' offices;
(xvii) workshops;
(xviii) industrial, labor, or construction camps;
(xix) recreational resorts and camps;
(xx) swimming pools, public baths, and bathing beaches;
(xxi) state, county, or municipal institutions, including hospitals and other buildings,
centers, and places used for public gatherings; and
(xxii) of any other facilities in public buildings and on public grounds;
(v) conduct health planning for the state;
(w) monitor the costs of health care in the state and foster price competition in the health
care delivery system;
(x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
Chapter 21, Health Care Facility Licensing and Inspection Act;
(y) license the provision of child care;
(z) accept contributions to and administer the funds contained in the Organ Donation
Contribution Fund created in Section 26-18b-101 ; and
(aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act, and
adopt rules for the enforcement and administration of the nursing facility assessment consistent
with the provisions of Title 26, Chapter 35a.
Section 9. Section 32A-1-115 is amended to read:
32A-1-115. Alcoholic Beverage Enforcement and Treatment Restricted Account --
Distribution to municipalities and counties.
(1) As used in this section:
(a) "Account" means the Alcoholic Beverage Enforcement and Treatment Restricted
Account created in this section.
(b) "Alcohol-related offense" means:
(i) a violation of:
(A) Section [
(B) an ordinance that complies with the requirements of:
(I) Subsection [
(II) Section 76-5-207 ; or
(ii) an offense involving the:
(A) illegal sale of alcohol;
(B) illegal distribution of alcohol;
(C) illegal transportation of alcohol;
(D) illegal possession of alcohol; or
(E) illegal consumption of alcohol.
(c) "Annual conviction time period" means the time period that:
(i) begins on July 1 and ends on June 30; and
(ii) immediately precedes the fiscal year for which an appropriation under this section is
made.
(d) "Coordinating council" means the Utah Substance Abuse and Anti-Violence
Coordinating Council created in Section 63-25a-201 .
(e) "Municipality" means:
(i) a city; or
(ii) a town.
(2) (a) There is created in the General Fund a restricted account called the "Alcoholic
Beverage Enforcement and Treatment Restricted Account."
(b) The account shall be funded from:
(i) amounts deposited by the state treasurer in accordance with Section 59-15-109 ;
(ii) any appropriations made to the account by the Legislature; and
(iii) interest described in Subsection (2)(c).
(c) Interest earned on the account shall be deposited into the account.
(d) (i) The revenues in the account shall be used exclusively for programs or projects
related to prevention, treatment, detection, prosecution, and control of violations of this title and
other offenses in which alcohol is a contributing factor except as provided in Subsection
(2)(d)(ii).
(ii) The portion distributed under this section to counties may also be used for the
confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
contributing factor.
(iii) Any municipality or county entitled to receive funds shall use the funds exclusively
as required by this Subsection (2)(d).
(iv) The appropriations provided for under Subsection (3) are:
(A) intended to supplement the budget of the appropriate agencies of each municipality
and county within the state to enable the municipalities and counties to more effectively fund the
programs and projects described in this Subsection (2)(d); and
(B) not intended to replace funds that would otherwise be allocated for the programs and
projects in this Subsection (2)(d).
(3) (a) The revenues deposited into the account shall be distributed to municipalities and
counties:
(i) to the extent appropriated by the Legislature except that the Legislature shall
appropriate each fiscal year an amount equal to at least the amount deposited in the account in
accordance with Section 59-15-109 ; and
(ii) as provided in this Subsection (3).
(b) The amount appropriated from the account shall be distributed as follows:
(i) 25% to municipalities and counties based upon the percentage of the state population
residing in each municipality and county;
(ii) 30% to municipalities and counties based upon each municipality's and county's
percentage of the statewide convictions for all alcohol-related offenses;
(iii) 20% to municipalities and counties based upon the percentage of all state stores,
package agencies, liquor licensees, and beer licensees in the state that are located in each
municipality and county; and
(iv) 25% to the counties for confinement and treatment purposes authorized by this
section based upon the percentage of the state population located in each county.
(c) (i) Except as provided in Subsection (3)(c)(iii), a municipality that does not have a
law enforcement agency may not receive monies under this section.
(ii) The State Tax Commission:
(A) may not distribute the monies the municipality would receive but for the
municipality not having a law enforcement agency to that municipality; and
(B) shall distribute the monies that the municipality would have received but for it not
having a law enforcement agency to the county in which the municipality is located for use by the
county in accordance with this section.
(iii) Notwithstanding Subsections (3)(c)(i) and (ii), if the coordinating council finds that
a municipality described in Subsection (3)(c)(i) demonstrates that the municipality can use the
monies that the municipality is otherwise eligible to receive in accordance with this section, the
coordinating council may direct the State Tax Commission to distribute the money to the
municipality.
(4) To determine the distributions required by Subsection (3)(b)(ii), the State Tax
Commission shall annually:
(a) for an annual conviction time period:
(i) multiply by two the total number of convictions in the state obtained during the
annual conviction time period for violation of:
(A) Section [
(B) an ordinance that complies with the requirements of Subsection [
41-6a-510 (1) or Section 76-5-207 ; and
(ii) add to the number calculated under Subsection (4)(a)(i) the number of convictions
obtained during the annual conviction time period for all alcohol-related offenses other than the
alcohol-related offenses described in Subsection (4)(a)(i);
(b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
obtained in Subsection (4)(a); and
(c) multiply the amount calculated under Subsection (4)(b), by the number of convictions
obtained in each municipality and county during the annual conviction time period for
alcohol-related offenses.
(5) For purposes of this section:
(a) the number of state stores, package agencies, and licensees located within the limits
of each municipality and county:
(i) is the number determined by the department to be so located;
(ii) includes all:
(A) private clubs;
(B) restaurants;
(C) airport lounges;
(D) package agencies; and
(E) state stores; and
(iii) does not include on-premise beer retailer licensees;
(b) the number of state stores, package agencies, and licensees in a county consists only
of that number located within unincorporated areas of the county;
(c) population figures shall be determined according to the most current population
estimates prepared by the Utah Population Estimates Committee;
(d) a county's population figure for the 25% distribution to municipalities and counties
under Subsection (3)(b)(i) shall be determined only with reference to the population in the
unincorporated areas of the county;
(e) a county's population figure under Subsection (3)(b)(iv) for the 25% distribution to
counties only shall be determined with reference to the total population in the county, including
that of municipalities;
(f) a conviction occurs in the municipality or county that actually prosecutes the offense
to judgment; and
(g) in the case of a conviction based upon a guilty plea, the conviction is considered to
occur in the municipality or county that, except for the guilty plea, would have prosecuted the
offense.
(6) By not later than September 1 each year:
(a) the state court administrator shall certify to the State Tax Commission the number of
convictions obtained for alcohol-related offenses in each municipality or county in the state
during the annual conviction time period; and
(b) the coordinating council shall notify the State Tax Commission of any municipality
that does not have a law enforcement agency.
(7) By not later than December 1 of each year, the coordinating council shall notify the
State Tax Commission for the fiscal year of appropriation of:
(a) any municipality that may receive a distribution under Subsection (3)(c)(iii);
(b) any county that may receive a distribution allocated to a municipality described in
Subsection (3)(c)(ii);
(c) any municipality or county that may not receive a distribution because the
coordinating council has suspended the payment under Subsection (10)(a)(i); and
(d) any municipality or county that receives a distribution because the suspension of
payment has been cancelled under Subsection (10)(a)(ii).
(8) (a) By not later than January 1 of the fiscal year of appropriation, the State Tax
Commission shall annually distribute to each municipality and county the portion of the
appropriation that the municipality or county is eligible to receive under this section, except for
any municipality or county that the coordinating council notifies the State Tax Commission in
accordance with Subsection (7) may not receive a distribution in that fiscal year.
(b) (i) The State Tax Commission shall prepare forms for use by municipalities and
counties in applying for distributions under this section.
(ii) The forms described in this Subsection (8) may require the submission of information
the State Tax Commission considers necessary to enable the State Tax Commission to comply
with this section.
(9) A municipality or county that receives any monies under this section during a fiscal
year shall by no later than October 1 following the fiscal year:
(a) report to the coordinating council:
(i) the programs or projects of the municipality or county that receive monies under this
section;
(ii) if the monies for programs or projects were exclusively used as required by
Subsection (2)(d);
(iii) indicators of whether the programs or projects that receive monies under this section
are effective; and
(iv) if any monies received under this section were not expended by the municipality or
county; and
(b) provide the coordinating council a statement signed by the chief executive officer of
the county or municipality attesting that the monies received under this section were used in
addition to any monies appropriated or otherwise available for the county's or municipality's law
enforcement and were not used to supplant those monies.
(10) (a) The coordinating council may, by a majority vote:
(i) suspend future payments under Subsection (8) to a municipality or county that:
(A) does not file a report that meets the requirements of Subsection (9); or
(B) the coordinating council finds does not use the monies as required by Subsection
(2)(d) on the basis of the report filed by the municipality or county under Subsection (9); and
(ii) cancel a suspension under Subsection (10)(a)(i).
(b) The State Tax Commission shall:
(i) retain monies that a municipality or county does not receive under Subsection (10)(a);
and
(ii) notify the coordinating council of the balance of retained monies under this
Subsection (10)(b) after the annual distribution under Subsection (8).
(11) (a) Subject to the requirements of this Subsection (11), the coordinating council
shall award the balance of retained monies under Subsection (10)(b):
(i) as prioritized by majority vote of the coordinating council; and
(ii) as grants to:
(A) a county;
(B) a municipality; or
(C) the Department of Public Safety.
(b) By not later than May 30 of the fiscal year of the appropriation, the coordinating
council shall notify the State Tax Commission of any grants awarded under this Subsection (11).
(c) The State Tax Commission shall make payments of grants:
(i) upon receiving notice as provided under Subsection (11)(b); and
(ii) by not later than June 30 of the fiscal year of the appropriation.
(d) An entity that receives a grant under this Subsection (11) shall use the grant monies
exclusively for programs or projects described in Subsection (2)(d).
Section 10. Section 39-6-93 is amended to read:
39-6-93. Intoxicated or reckless driving.
A person subject to this chapter who operates any vehicle in violation of Section
[
military court directs.
Section 11. Section 41-1a-202 is amended to read:
41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
vehicles after establishing residency.
(1) In this section:
(a) "Domicile" means the place:
(i) where an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to return; and
(iii) in which the individual and his family voluntarily reside, not for a special or
temporary purpose, but with the intention of making a permanent home.
(b) (i) "Resident" means any of the following:
(A) an individual who:
(I) has established a domicile in this state;
(II) regardless of domicile, remains in this state for an aggregate period of six months or
more during any calendar year;
(III) engages in a trade, profession, or occupation in this state or who accepts
employment in other than seasonal work in this state and who does not commute into the state;
(IV) declares himself to be a resident of this state for the purpose of obtaining a driver
license or motor vehicle registration; or
(V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
nonresidents, including going to school, or placing children in school without paying nonresident
tuition or fees;
(B) any individual, partnership, limited liability company, firm, corporation, association,
or other entity that:
(I) maintains a main office, branch office, or warehouse facility in this state and that
bases and operates a motor vehicle in this state; or
(II) operates a motor vehicle in intrastate transportation for other than seasonal work.
(ii) "Resident" does not include any of the following:
(A) a member of the military temporarily stationed in Utah;
(B) an out-of-state student, as classified by the institution of higher education, enrolled
with the equivalent of seven or more quarter hours, regardless of whether the student engages in
a trade, profession, or occupation in this state or accepts employment in this state; and
(C) an individual domiciled in another state or a foreign country that:
(I) is engaged in public, charitable, educational, or religious services for a government
agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
Section 501(c)(3);
(II) is not compensated for services rendered other than expense reimbursements; and
(III) is temporarily in Utah for a period not to exceed 24 months.
(2) Registration under this chapter is not required for any:
(a) vehicle registered in another state and owned by a nonresident of the state or
operating under a temporary registration permit issued by the division or a dealer authorized by
this chapter, driven or moved upon a highway in conformance with the provisions of this chapter
relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
(b) vehicle driven or moved upon a highway only for the purpose of crossing the
highway from one property to another;
(c) implement of husbandry, whether of a type otherwise subject to registration or not,
that is only incidentally operated or moved upon a highway;
(d) special mobile equipment;
(e) vehicle owned or leased by the federal government;
(f) motor vehicle not designed, used, or maintained for the transportation of passengers
for hire or for the transportation of property if the motor vehicle is registered in another state and
is owned and operated by a nonresident of this state;
(g) vehicle or combination of vehicles designed, used, or maintained for the
transportation of persons for hire or for the transportation of property if the vehicle or
combination of vehicles is registered in another state and is owned and operated by a nonresident
of this state and if the vehicle or combination of vehicles has a gross laden weight of 26,000
pounds or less;
(h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
for hire for the transportation of property or person;
(i) manufactured home or mobile home;
(j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
vehicle is:
(i) being towed;
(ii) operated on a street or highway designated as open to off-highway vehicle use; or
(iii) operated in the manner prescribed in Section 41-22-10.3 ;
(k) off-highway implement of husbandry operated in the manner prescribed in
Subsections 41-22-5.5 (3) through (5);
(l) modular and prebuilt homes conforming to the uniform building code and presently
regulated by the United States Department of Housing and Urban Development that are not
constructed on a permanent chassis;
(m) electric assisted bicycle defined under Section [
(n) motor assisted scooter defined under Section [
(o) personal motorized mobility device defined under Section [
(3) Unless otherwise exempted under Subsection (2), registration under this chapter is
required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
within 60 days of the owner establishing residency in this state.
(4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
registration requirements of this part for the time period that the registration under Section
41-3-306 is valid.
Section 12. Section 41-1a-203 is amended to read:
41-1a-203. Prerequisites for registration.
(1) Except as otherwise provided, prior to registration a vehicle must have:
(a) an identification number inspection under Section 41-1a-204 ;
(b) passed the safety inspection, if required in the current year, as provided under
Sections 41-1a-205 and 53-8-205 ;
(c) passed the emissions inspection, if required in the current year, as provided under
Section [
(d) paid property taxes, the in lieu fee, or received a property tax clearance under Section
41-1a-206 or 41-1a-207 ;
(e) paid the automobile driver education tax required by Section 41-1a-208 ;
(f) paid the applicable registration fee under Part 12, Fee and Tax Requirements;
(g) paid the uninsured motorist identification fee under Section 41-1a-1218 , if
applicable; and
(h) paid the motor carrier fee under Section 41-1a-1219 , if applicable.
(2) In addition to the requirements in Subsection (1), an owner whose vehicle has not
been previously registered or that is currently registered under a previous owner's name must also
apply for a valid certificate of title in the owner's name prior to registration.
(3) A new registration, transfer of ownership, or registration renewal under Section
73-18-7 may not be issued for a vessel or outboard motor that is subject to the title provisions of
this chapter unless a certificate of title has been or is in the process of being issued in the same
owner's name.
(4) A new registration, transfer of ownership, or registration renewal under Section
41-22-3 may not be issued for an off-highway vehicle that is subject to the titling provisions of
this chapter unless a certificate of title has been or is in the process of being issued in the same
owner's name.
Section 13. Section 41-1a-205 is amended to read:
41-1a-205. Safety inspection certificate required for renewal or registration of
motor vehicle -- Exemptions.
(1) If required in the current year, a safety inspection certificate, as required by Section
53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as a
condition of, registration or renewal of registration of a motor vehicle.
(2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
required under this section may be made no more than two months prior to the renewal of
registration.
(b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
certificate issued for the motor vehicle during the previous two months may be used to satisfy the
requirement under Subsection (1).
(ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle dealer's
name during the previous six months may be used to satisfy the requirement under Subsection
(1).
(c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a safety
inspection certificate issued during the previous six months may be used to satisfy the
requirement under Subsection (1).
(d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
required under this section may be made no more than 11 months prior to the renewal of
registration.
(3) The following motor vehicles are exempt from this section:
(a) a new motor vehicle when registered the first time, if:
(i) a new car predelivery inspection has been made by a dealer;
(ii) the dealer provides a written disclosure statement listing any known deficiency,
existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle to
fail a safety inspection given in accordance with Section 53-8-205 ; and
(iii) the buyer signs the disclosure statement to acknowledge that the buyer has read and
understands the listed deficiencies; and
(b) a motor vehicle required to be registered under this chapter that bears a dealer plate or
other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except that if
the motor vehicle is propelled by its own power and is not being moved for repair or dismantling,
the motor vehicle shall comply with Section [
condition.
(4) (a) A safety inspection certificate shall be displayed on:
(i) all registered commercial motor vehicles with a gross vehicle weight rating of 26,000
pounds or more;
(ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
multiple axles;
(iii) a combination unit; and
(iv) a bus or van for hire.
(b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
Subsection (1).
(5) A motor vehicle may be sold and the title assigned to the new owner without a valid
safety inspection, but the motor vehicle may not be registered in the new owner's name until the
motor vehicle complies with this section.
Section 14. Section 41-1a-217 is amended to read:
41-1a-217. Application for renewal of registration.
(1) Renewal of a vehicle registration shall be made by the owner upon application and by
payment of the fees or taxes required under Subsection 41-1a-203 (1).
(2) The application for registration renewal and applicable fees or taxes shall be
accompanied by a:
(a) safety inspection certificate as required under Section 41-1a-205 ; and
(b) certificate of emissions inspection as required under Section [
41-6a-1642 .
(3) The new registration card issued shall show:
(a) the identical information with respect to the owner and the vehicle description
required by Section 41-1a-213 ; and
(b) the new expiration date.
Section 15. Section 41-1a-407 is amended to read:
41-1a-407. Plates issued to political subdivisions or state -- Use of "EX" letters --
Confidential information.
(1) Except as provided in Subsection (2), each municipality, board of education, school
district, state institution of learning, county, other governmental division, subdivision, or district,
and the state shall:
(a) place a license plate displaying the letters, "EX" on every vehicle owned and operated
by it or leased for its exclusive use; and
(b) display an identification mark designating the vehicle as the property of the entity in a
conspicuous place on both sides of the vehicle.
(2) The entity need not display the "EX" license plate or the identification mark required
by Subsection (1) if:
(a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
general, state auditor, or state treasurer of Utah;
(b) the vehicle is used in official investigative work where secrecy is essential;
(c) the vehicle is used in an organized Utah Highway Patrol operation that is:
(i) conducted within a county of the first or second class as defined under Section
17-50-501 , unless no more than one unmarked vehicle is used for the operation;
(ii) approved by the Commissioner of Public Safety;
(iii) of a duration of 14 consecutive days or less; and
(iv) targeted toward aggressive driving and accidents involving:
(A) violations of Title 41, Chapter [
Under the Influence and Reckless Driving;
(B) speeding violations for exceeding the posted speed limit by 21 or more miles per
hour;
(C) speeding violations in a reduced speed school zone under Section [
41-6a-604 ;
(D) violations of Section [
(E) violations of Section [
(d) the vehicle is provided to an official of the entity as part of a compensation package
allowing unlimited personal use of that vehicle; or
(e) the personal security of the occupants of the vehicle would be jeopardized if the "EX"
license plate were in place.
(3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
beehive logo, and the call number of the trooper to whom the vehicle is issued.
(4) (a) The commission shall issue "EX" and "UHP" plates.
(b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
commission shall make rules establishing the procedure for application for and distribution of the
plates.
(5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not
required to display an annual registration decal.
(6) (a) Information shall be confidential for vehicles that are not required to display the
"EX" license plate or the identification mark under Subsections (2)(a), (b), (d), and (e).
(b) (i) If a law enforcement officer's identity must be kept secret, his agency head may
request in writing that the division remove the license plate information of the officer's personal
vehicles from all public access files and place it in a confidential file until the assignment is
completed.
(ii) The agency head shall notify the division when the assignment is completed.
(7) A peace officer engaged in an organized operation under Subsection (2)(c) shall be in
a uniform clearly identifying the law enforcement agency the peace officer is representing during
the operation.
Section 16. Section 41-1a-1101 is amended to read:
41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
(1) The division or any peace officer, without a warrant, may seize and take possession
of any vehicle, vessel, or outboard motor:
(a) that the division or the peace officer has reason to believe has been stolen;
(b) on which any identification number has been defaced, altered, or obliterated;
(c) that has been abandoned on the public highways;
(d) for which the applicant has written a check for registration or title fees that has not
been honored by the applicant's bank and that is not paid within 30 days;
(e) that is placed on the water with improper registration; or
(f) that is being operated on a highway:
(i) with registration that has been expired for more than three months;
(ii) having never been properly registered by the current owner; or
(iii) with registration that is suspended or revoked.
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized
to transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
under this section shall comply with the provisions of Section [
(4) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
the commission shall make rules setting standards for public garages, impound lots, and impound
yards that may be used by peace officers and the division.
(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
public garages, impound lots, or impound yards per geographical area.
(5) (a) Except as provided under Subsection (5)(b), a person may not operate or allow to
be operated a vehicle stored in a public garage, impound lot, or impound yard regulated under
this part without prior written permission of the owner of the vehicle.
(b) Incidental and necessary operation of a vehicle to move the vehicle from one parking
space to another within the facility and that is necessary for the normal management of the
facility is not prohibited under this Subsection (5)(a).
(6) A person who violates the provisions of Subsection (5) is guilty of a class C
misdemeanor.
(7) The division or the peace officer who seizes a vehicle shall record the mileage shown
on the vehicle's odometer at the time of seizure, if:
(a) the vehicle is equipped with an odometer; and
(b) the odometer reading is accessible to the division or the peace officer.
Section 17. Section 41-1a-1206 is amended to read:
41-1a-1206. Registration fees -- Fees by gross laden weight.
(1) Except as provided in Subsection (2), at the time application is made for registration
or renewal of registration of a vehicle or combination of vehicles under this chapter, a
registration fee shall be paid to the division as follows:
(a) $22.50 for each motorcycle;
(b) $21 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
motorcycles;
(c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
or is registered under Section 41-1a-301 :
(i) $11 for each trailer or semitrailer over 750 pounds gross unladen weight; or
(ii) $8.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
gross unladen weight;
(d) (i) $33 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
gross laden weight; plus
(ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight; and
(e) (i) $49.50 for each motor vehicle or combination of motor vehicles, excluding farm
trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
(ii) $18.50 for each 2,000 pounds over 14,000 pounds gross laden weight.
(2) The initial registration fee for a vintage vehicle is $20.
(3) If a motor vehicle is operated in combination with a semitrailer or trailer, each motor
vehicle shall register for the total gross laden weight of all units of the combination if the total
gross laden weight of the combination exceeds 12,000 pounds.
(4) (a) Registration fee categories under this section are based on the gross laden weight
declared in the licensee's application for registration.
(b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part of
2,000 pounds is a full unit.
(5) The owner of a commercial trailer or commercial semitrailer may, as an alternative to
registering under Subsection (1)(c), apply for and obtain a special registration and license plate
for a fee of $110.
(6) Except as provided in Section [
as a farm truck unless:
(a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
(b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
(ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
submits to the division a certificate of emissions inspection or a waiver in compliance with
Section [
(7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a
fine of not less than $200.
(8) Trucks used exclusively to pump cement, bore wells, or perform crane services with a
crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees required
for those vehicles under this section.
Section 18. Section 41-3-303 is amended to read:
41-3-303. Temporary permits -- Inspections required before issuance.
(1) A dealer licensed in accordance with this chapter may not issue a temporary permit
under Section 41-3-302 unless:
(a) (i) the motor vehicle for which the temporary permit is issued has received and passed
the safety inspection required by Section 53-8-205 within the previous six months;
(ii) the safety inspection certificate was issued in the name of a licensed and bonded
dealer; and
(iii) a copy of the safety inspection certificate is given to the customer; and
(b) the motor vehicle passed the emission inspection test required by Section
[
(2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without a
safety inspection certificate if the motor vehicle complies with the safety inspection as provided
in Section 41-1a-205 .
(3) Notwithstanding Subsection (1)(b), a dealer may issue a temporary permit without
proof of an emission inspection if:
(a) the motor vehicle is exempt from emission inspection as provided in Section
[
(b) the purchaser is a resident of a county that does not require emission inspections; or
(c) the motor vehicle is otherwise exempt from emission inspections.
(4) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is without
having it safety or emission inspected provided that no temporary permit is issued.
Section 19. Section 41-6a-101 , which is renumbered from Section 41-6-175 is
renumbered and amended to read:
[
This [
known as the "Traffic Code."
Section 20. Section 41-6a-102 , which is renumbered from Section 41-6-1 is renumbered
and amended to read:
[
As used in this chapter:
(1) "Alley" means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for through vehicular traffic.
(2) "All-terrain type I vehicle" [
41-22-2 .
(3) "Authorized emergency vehicle" [
(a) fire department vehicles[
(b) police vehicles[
(c) ambulances[
(d) other publicly or privately owned vehicles as designated by the commissioner of the
Department of Public Safety.
(4) (a) "Bicycle" means every device:
(i) propelled by human power;
(ii) upon which [
(iii) having two tandem wheels[
(b) "Bicycle" does not include scooters and similar devices.
(5) (a) "Bus" means [
(i) designed for carrying more than 15 passengers and used for the transportation of
persons; [
(ii) designed and used for the transportation of persons for compensation.
(b) "Bus" does not include a taxicab.
(6) (a) "Circular intersection" means an intersection that has an island, generally circular
in design, located in the center of the intersection where traffic passes to the right of the island.
(b) "Circular intersection" includes:
(i) roundabouts;
(ii) rotaries; and
(iii) traffic circles.
(7) "Commissioner" means the commissioner of the Department of Public Safety.
[
(a) designed primarily for through traffic; and
(b) to or from which owners or occupants of abutting lands and other persons have no
legal right of access, except at points as determined by the [
jurisdiction over the highway, street, or roadway.
[
(a) that part of a roadway at an intersection included within the connections of the lateral
lines of the sidewalks on opposite sides of the highway measured from:
(i) (A) the curbs; or[
(B) in the absence of curbs, from the edges of the traversable roadway; and
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
included within the extension of the lateral lines of the existing sidewalk at right angles to the
centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
[
[
(a) an unpaved intervening space [
(b) a physical barrier; or [
(c) a clearly indicated dividing section constructed to impede vehicular traffic.
[
(a) with an electric motor with a power output of not more than 1,000 watts[
(b) which is not capable of:
(i) propelling the device at a speed of more than 20 miles per hour on level ground[
and [
(ii) increasing the speed of the device when human power is used to propel the device at
more than 20 miles per hour.
[
commonly used or intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that
an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or
mixture may cause a sudden generation of highly heated gases, and the resultant gaseous
pressures are capable of producing destructive effects on contiguous objects or of causing death
or serious bodily injury.
[
a farm implement, for drawing plows, mowing machines, and other implements of husbandry.
[
degrees F. or less, as determined by a [
(16) "Freeway" means a controlled-access highway that is part of the interstate system as
defined in Section 72-1-102 .
(17) "Gore area" means the area delineated by two solid white lines that is between a
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
including similar areas between merging or splitting highways.
[
of any load on the vehicle.
[
place of any nature when any part of it is open to the use of the public as a matter of right for
vehicular travel.
(20) "Highway authority" has the same meaning as defined in Section 72-1-102 .
[
connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of
two or more highways which join one another.
[
(i) every crossing of each roadway of the divided highway by an intersecting highway is
a separate intersection; and
(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of the highways is a separate intersection.
[
highway [
(22) "Island" means an area between traffic lanes or at an intersection for control of
vehicle movements or for pedestrian refuge designated by:
(a) pavement markings, which may include an area designated by two solid yellow lines
surrounding the perimeter of the area;
(b) channelizing devices;
(c) curbs;
(d) pavement edges; or
(e) other devices.
(23) "Law enforcement agency" has the same meaning as defined in Section 53-1-102 .
(24) "Limited access highway" means a highway:
(a) that is designated specifically for through traffic; and
(b) over, from, or to which neither owners nor occupants of abutting lands nor other
persons have any right or easement, or have only a limited right or easement of access, light, air,
or view.
[
executive, or governing body of a county, municipal, [
authority to enact laws relating to traffic under the constitution and laws of the state.
[
(i) is designed to be operated at speeds of not more than 25 miles per hour; and [
(ii) has a capacity of not more than four passengers, including the driver.
(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
[
wholly or partly of metal or other hard nonresilient material.
[
(a) a trailer or semitrailer which is:
(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
place either permanently or temporarily[
(ii) equipped for use as a conveyance on streets and highways; or
(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
for use as a mobile home, as defined in Subsection [
permanently or temporarily for:
(i) the advertising, [
[
(ii) any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
[
(i) pedals to permit propulsion by human power[
(ii) a motor which:
(A) produces not more than two brake horsepower; and [
(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
level ground.
(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters and the moped shall have a power drive system that functions directly or
automatically without clutching or shifting by the operator after the drive system is engaged. [
(c) "Moped" includes an electric assisted bicycle and a motor assisted scooter.
[
(a) at least two wheels in contact with the ground[
(b) a braking system capable of stopping the unit under typical operating conditions[
(c) a gas or electric motor not exceeding 40 cubic centimeters[
(d) a deck design for a person to stand while operating the device[
(e) the ability to be propelled by human power alone.
[
vehicle which is propelled by electric power obtained from overhead trolley wires, but not
operated upon rails[
(b) "Motor vehicle" does not include vehicles moved solely by human power and
motorized wheel chairs.
[
seat or saddle for the use of the rider and designed to travel with not more than three wheels in
contact with the ground.
[
motorized mobility device, moped, electric assisted bicycle, motor assisted scooter, and every
motorized bicycle having:
(a) an engine with less than 150 cubic centimeters displacement; or [
(b) a motor which produces not more than five horsepower.
[
[
defined under Section 41-22-2 .
[
Section 41-22-2 .
[
vehicle.
[
not[
(b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
purpose of and while actually engaged in loading or unloading property or passengers.
[
Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for
violations of traffic laws.
[
(a) on foot; or
(b) in a wheelchair.
(40) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
pedestrians.
[
corporation.
[
(i) two nontandem wheels in contact with the ground[
(ii) a system capable of steering and stopping the unit under typical operating
conditions[
(iii) a motor not exceeding one horse power or 750 watts[
(iv) a deck design for a person to stand while operating the device. [
(b) "Personal motorized mobility device" does not include a wheelchair.
[
(a) designed to be drawn by another vehicle and attached to the towing vehicle by means
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle[
(b) that is ordinarily used for transporting long or irregular shaped loads [
including poles, pipes, or structural members generally capable of sustaining themselves as
beams between the supporting connections.
[
and used for vehicular travel by the owner and those having express or implied permission from
the owner, but not by other persons.
[
on stationary rails.
[
of a public body or official or by a railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
[
coupled with or operated without cars, and operated upon rails.
[
lawful manner in preference to another vehicle or pedestrian approaching under circumstances of
direction, speed, and proximity which give rise to danger of collision unless one grants
precedence to the other.
[
ordinarily used for vehicular travel[
(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
them are used by persons riding bicycles or other human-powered vehicles.
(c) [
any roadway separately but not to all roadways collectively, if a highway includes two or more
separate roadways.
[
the exclusive use of pedestrians and which is protected, marked, or indicated by adequate signs
as to be plainly visible at all times while set apart as a safety zone.
[
(i) complies with the color and identification requirements of the most recent edition of
"Minimum Standards for School Buses"; and
(ii) is used to transport school children to or from school or school activities. [
(b) "School bus" does not include [
carrier in transportation of school children to or from school or school activities.
[
(i) designed for carrying persons or property and for being drawn by a motor vehicle[
and
(ii) constructed so that some part of its weight and that of its load rests [
carried by another vehicle.
(b) "Semitrailer" does not include a pole trailer.
[
(a) that area of the hard-surfaced highway separated from the roadway by a pavement
edge line as established in the current approved "Manual on Uniform Traffic Control Devices[
or
(b) that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and lateral support.
[
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
[
which does not depend [
[
occupied or not, [
receiving or discharging passengers.
[
[
a vehicle, whether occupied or not, except when:
(a) necessary to avoid conflict with other traffic; or [
(b) in compliance with the directions of a peace officer or [
[
conveyances either singly or together while using any highway for the purpose of travel.
(60) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
with this chapter placed or erected by a highway authority for the purpose of regulating, warning,
or guiding traffic.
[
or mechanically operated, by which traffic is alternately directed to stop and permitted to
proceed.
(62) "Traffic signal preemption device" means an instrument or mechanism designed,
intended, or used to interfere with the operation or cycle of a traffic-control signal.
[
vehicle and constructed so that no part of its weight rests upon the towing vehicle.
(b) "Trailer" does not include a pole trailer.
[
primarily for the transportation of property.
[
(a) designed and used primarily for drawing other vehicles; and
(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
tractor.
(66) "Two-way left turn lane" means a lane:
(a) provided for vehicle operators making left turns in either direction;
(b) that is not used for passing, overtaking, or through travel; and
(c) that has been indicated by a lane traffic-control device which may include lane
markings.
[
which structures devoted to business, industry, or dwelling houses are situated at intervals of less
than 100 feet, for a distance of a quarter of a mile or more.
[
property is or may be transported or drawn [
[
Section 21. Section 41-6a-201 , which is renumbered from Section 41-6-11 is
renumbered and amended to read:
[
The provisions of this chapter relating to the operation of vehicles refer exclusively to the
operation of vehicles upon highways, except:
(1) [
identified; or
(2) under the provisions of Section [
and Reckless Driving, which apply upon highways and elsewhere throughout the state.
Section 22. Section 41-6a-202 , which is renumbered from Section 41-6-12 is
renumbered and amended to read:
[
(1) A violation of any provision of this chapter is a class C misdemeanor, unless
otherwise provided.
(2) A violation of any provision of [
chapter is an infraction, unless otherwise provided.
Section 23. Section 41-6a-203 , which is renumbered from Section 41-6-164.5 is
renumbered and amended to read:
[
(1) [
abets in the commission of, [
agent, or accessory, [
(2) A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces,
requires, permits, or directs another to violate [
of [
Section 24. Section 41-6a-204 , which is renumbered from Section 41-6-165 is
renumbered and amended to read:
[
operate vehicle.
[
the [
operation of [
Section 25. Section 41-6a-205 , which is renumbered from Section 41-6-165.5 is
renumbered and amended to read:
[
[
[
or any county, city, town, district or any other political subdivision of the state[
Section 26. Section 41-6a-206 , which is renumbered from Section 41-6-175.5 is
renumbered and amended to read:
[
Regulations.
[
provisions of this chapter[
Section 27. Section 41-6a-207 , which is renumbered from Section 41-6-16 is
renumbered and amended to read:
[
ordinances.
(1) The provisions of this chapter are applicable [
in all of its political subdivisions and municipalities.
(2) A local highway authority may not enact or enforce any rule or ordinance in conflict
with the provisions of this chapter. [
(3) A local highway authority may[
(a) ordinances consistent with this chapter[
(b) additional traffic ordinances [
Section 28. Section 41-6a-208 , which is renumbered from Section 41-6-17 is
renumbered and amended to read:
[
Traffic-control device affecting state highway -- Necessity of erecting traffic-control
devices.
(1) The provisions of this chapter do not prevent a local [
reasonable exercise of police power, from:
(a) regulating or prohibiting stopping, standing, or parking;
(b) regulating traffic by means of a peace [
[
(c) regulating or prohibiting processions or assemblages on [
(d) designating particular highways or roadways for use by traffic moving in one
direction under Section [
(e) establishing speed limits for vehicles in public parks, which supersede Section
[
(f) designating any highway as a through highway or designating any intersection or
junction of roadways as a stop or yield intersection or junction;
(g) restricting the use of [
(h) regulating the operation of [
inspection of [
(i) regulating or prohibiting [
(i) certain turn movements of a vehicle; or
(ii) specified types of vehicles;
(j) altering or establishing speed limits under Section [
(k) requiring written accident reports under Section [
(l) designating no-passing zones under Section [
(m) prohibiting or regulating the use of controlled-access roadways by any class or kind
of traffic under Section [
(n) prohibiting or regulating the use of heavily traveled streets by any class or kind of
traffic found to be incompatible with the normal and safe movement of traffic;
(o) establishing minimum speed limits under Subsection [
[
[
designated highway except in a crosswalk under Section [
[
[
[
[
vehicles;
[
cover emergencies or special conditions;
[
[
(2) [
highway authority may not erect or maintain any official traffic-control device at any location
which [
jurisdiction, unless written approval is obtained from the highway authority having jurisdiction
over the highway.
(3) An ordinance enacted under Subsection (1) (d), (e), (f), (g), (i), (j), (l), (m), (n), [
or [
ordinances are erected upon or at the entrances to the highway or part of it affected as is
appropriate.
Section 29. Section 41-6a-209 , which is renumbered from Section 41-6-13 is
renumbered and amended to read:
[
Speeding in construction zones.
(1) A person may not willfully fail or willfully refuse to comply with any lawful order or
direction of [
(a) peace officer[
(b) firefighter;
(c) flagger at a highway construction or maintenance site[
conforming to the standards adopted under Section 41-6a-301 ; or
(d) uniformed adult school crossing guard invested by law with authority to direct,
control, or regulate traffic.
[
[
highway construction or maintenance site where workers are present [
recommended fine schedule established under Section 76-3-301.5 [
(b) The highway construction or maintenance site under Subsection [
clearly marked and have signs posted that warn of the doubled fine.
Section 30. Section 41-6a-210 , which is renumbered from Section 41-6-13.5 is
renumbered and amended to read:
[
Causing property damage or bodily injury -- Suspension of driver's license -- Forfeiture of
vehicle -- Penalties.
(1) (a) An operator who receives a visual or audible signal from a peace officer to bring
the vehicle to a stop may not:
(i) operate the vehicle in willful or wanton disregard of the signal so as to interfere with
or endanger the operation of any vehicle or person; or
(ii) attempt to flee or elude a peace officer by vehicle or other means.
(b) (i) A person who violates Subsection (1)(a) is guilty of a felony of the third degree.
(ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of
not less than $1,000.
(2) (a) An operator who violates Subsection (1) and while so doing causes death or
serious bodily injury to another person, under circumstances not amounting to murder or
aggravated murder, is guilty of a felony of the second degree.
(b) The court shall, as part of any sentence under this Subsection (2), impose a fine of not
less than $5,000.
(3) (a) In addition to the penalty provided under this section or any other section, a
person who violates Subsection (1)(a) or (2)(a) shall have the person's driver license revoked
under Subsection 53-3-220 (1)(a)(ix) for a period of one year.
(b) (i) The court shall forward the report of the conviction to the division.
(ii) If the person is the holder of a driver license from another jurisdiction, [
state.
Section 31. Section 41-6a-211 , which is renumbered from Section 41-6-13.7 is
renumbered and amended to read:
[
(1) Any conveyance, including [
used in violation of Section [
under the procedures and substantive protections established in Title 24, Chapter 1, Utah
Uniform Forfeiture Procedures Act.
(2) Property subject to forfeiture under this section may be seized by [
officer [
(a) upon notice and service of process issued by [
property[
(b) without notice and service of process [
[
an administrative inspection warrant;
[
of the state in a criminal injunction or forfeiture proceeding under this section; or
[
in violation of the provisions of Section [
(3) (a) Property taken or detained under this section is not repleviable but is in custody of
the law enforcement agency making the seizure, subject only to the orders and decrees of the
court or the official having jurisdiction.
(b) When property is seized under this section, the appropriate person or agency may:
[
[
seized; or
[
disposition in accordance with law.
Section 32. Section 41-6a-212 , which is renumbered from Section 41-6-14 is
renumbered and amended to read:
[
Applicability of traffic law to highway work vehicles -- Exemptions.
(1) Subject to Subsections (2) through (5), the operator of an authorized emergency
vehicle may exercise the privileges granted under this section when:
(a) responding to an emergency call;
(b) in the pursuit of an actual or suspected violator of the law; or
(c) responding to but not upon returning from a fire alarm.
(2) The operator of an authorized emergency vehicle may:
(a) park or stand, irrespective of the provisions of this chapter;
(b) proceed past a red or stop signal or stop sign, but only after slowing down as may be
necessary for safe operation;
(c) exceed the maximum speed limits, unless prohibited by a local highway authority
under Section 41-6a-208 ; or
(d) disregard regulations governing direction of movement or turning in specified
directions.
(3) Privileges granted under this section to the operator of an authorized emergency
vehicle, who is not involved in a vehicle pursuit, apply only when:
(a) the operator of the vehicle sounds an audible signal under Section [
41-6a-1625 ; or
(b) uses a visual signal [
under Section [
(4) Privileges granted under this section to the operator of an authorized emergency
vehicle involved in any vehicle pursuit apply only when:
(a) the operator of the vehicle:
(i) sounds an audible signal under Section [
(ii) uses a visual signal [
under Section [
(b) the public agency employing the operator of the vehicle has, in effect, a written policy
which describes the manner and circumstances in which any vehicle pursuit should be conducted
and terminated;
(c) the operator of the vehicle has been trained in accordance with the written policy
described in Subsection (4)(b); and
(d) the pursuit policy of the public agency is in conformance with standards established
[
(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Public Safety[
[
emergency pursuit policies that are adopted by public agencies authorized to operate emergency
pursuit vehicles.
[
authorized emergency vehicle of the duty to act as a reasonably prudent emergency vehicle
operator in like circumstances.
[
and 41-6a-528 , this chapter does not apply to persons, motor vehicles, and other equipment while
actually engaged in work [
Section 33. Section 41-6a-213 , which is renumbered from Section 41-6-15 is
renumbered and amended to read:
[
Exceptions.
[
who is driving [
(2) Driver license sanctions for alcohol or drug related traffic offenses do not apply to a
person specified under Subsection (1).
Section 34. Section 41-6a-214 , which is renumbered from Section 41-6-17.5 is
renumbered and amended to read:
[
(1) As used in this section, "quasi-public road or parking area" means a privately owned
and maintained road or parking area that is generally held open for use of the public for purposes
of vehicular travel or parking.
(2) (a) Any municipality or county may by ordinance provide that a quasi-public road or
parking area within the [
(b) An ordinance may not be enacted under this section without:
(i) a public hearing; and
(ii) the agreement of a majority of the owners of the quasi-public road or parking area
involved.
(3) [
(a) supercedes conflicting provisions under Section 41-6a-215 ;
(b) does not require a peace officer to patrol or enforce any provisions of this chapter on
any quasi-public road or parking area[
(c) does not affect the duty of a peace officer to enforce those provisions of this chapter
applicable to private property other than under this section.
Section 35. Section 41-6a-215 , which is renumbered from Section 41-6-18 is
renumbered and amended to read:
[
[
owner of real property used by the public for purposes of vehicular travel by permission of the
owner and not as matter of right from:
(1) prohibiting the use[
(2) requiring other [
in this chapter[
(3) otherwise regulating the use as preferred by the owner[
Section 36. Section 41-6a-216 , which is renumbered from Section 41-6-19 is
renumbered and amended to read:
[
Notice to owner -- Penalty.
(1) The owner of real property shall remove from his property any tree, plant, shrub, or
other obstruction, or part of it[
[
(2) When [
determines [
exists, it shall notify the owner and order that the hazard be removed within ten days.
(3) The failure of the owner to remove the traffic hazard within ten days is a class C
misdemeanor.
Section 37. Section 41-6a-217 , which is renumbered from Section 41-6-19.5 is
renumbered and amended to read:
[
provisions.
(1) Any law enforcement agency authorized to enforce parking laws in this state may
appoint volunteers to issue citations for violations of:
(a) the provisions of Subsections 41-1a-414 (3) and (4) related to parking for a person
with a disability;
(b) any municipal or county accessible parking privileges ordinance for a person with a
disability; or
(c) the provisions of Subsection [
school bus parking zone.
(2) A volunteer appointed under this section must be at least 21 years of age.
(3) The law enforcement agency appointing a volunteer may establish any other
qualification for the volunteer that the agency finds desirable.
(4) A volunteer may not issue citations until the volunteer has received training from the
appointing law enforcement agency.
(5) A citation issued by a volunteer under this section has the same force and effect as a
citation issued by a peace officer for the same offense.
Section 38. Section 41-6a-301 , which is renumbered from Section 41-6-20 is
renumbered and amended to read:
[
traffic-control devices and school crossing guards.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Transportation shall make rules[
standards and establishing specifications for a uniform system of traffic-control devices used on a
highway[
[
(2) The standards and specifications adopted under Subsection (1)[
(a) include provisions for school crossing zones and use of school crossing guards; and
(b) correlate with, and where possible conform to, the system set forth in the most recent
edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and other
standards issued or endorsed by the federal highway administrator.
Section 39. Section 41-6a-302 , which is renumbered from Section 41-6-21 is
renumbered and amended to read:
[
on local authorities.
[
authority shall place and maintain traffic-control devices:
(1) in conformance with [
under Section 41-6a-301 on all [
(2) as [
(a) carry out the provisions of:
(i) this chapter; or [
(ii) a local traffic ordinance if the highway authority is a local highway authority; or
(b) regulate, warn, or guide traffic.
[
Section 40. Section 41-6a-303 , which is renumbered from Section 41-6-20.1 is
renumbered and amended to read:
[
warning lights -- School crossing guard requirements -- Responsibility provisions --
Rulemaking authority.
(1) As used in this section "reduced speed school zone" means a designated length of a
highway extending from a school zone speed limit sign [
operating to an end school zone sign.
(2) The Department of Transportation for state highways and local highway authorities
for highways under their jurisdiction:
(a) shall establish reduced speed school zones at elementary schools after written
assurance by a local highway authority that the local highway authority complies with
Subsections (3) and (4); and
(b) may establish reduced speed school zones for secondary schools at the request of the
local highway authority.
(3) For all reduced speed school zones on highways, including state highways within the
jurisdictional boundaries of a local highway authority, the local highway authority shall:
(a) (i) provide shuttle service across highways for school children; or
(ii) provide, train, and supervise school crossing guards in accordance with this section;
(b) provide for the:
(i) operation of reduced speed school zones, including providing power to warning lights
and turning on and off the warning lights as required under Subsections (4) and (5); and
(ii) maintenance of reduced speed school zones except on state highways as provided in
Section [
(c) notify the Department of Transportation of reduced speed school zones on state
highways that are in need of maintenance.
(4) While children are going to or leaving school during opening and closing hours all
reduced speed school zones shall have:
(a) the warning lights operating on each school zone speed limit sign; and
(b) a school crossing guard present if the reduced speed school zone is for an elementary
school.
(5) The warning lights on a school zone speed limit sign may not be operating except as
provided under Subsection (4).
(6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Transportation shall make rules establishing criteria and specifications for the:
(a) establishment, location, and operation of school crosswalks, school zones, and
reduced speed school zones;
(b) training, use, and supervision of school crossing guards at elementary schools and
secondary schools; and
(c) content and implementation of child access routing plans under Section 53A-3-402 .
(7) Each local highway authority shall pay for providing, training, and supervising school
crossing guards in accordance with this section.
Section 41. Section 41-6a-304 , which is renumbered from Section 41-6-23 is
renumbered and amended to read:
[
or absence -- Presumption of lawful placement and compliance with chapter.
(1) [
under Section 41-6a-209 and except as provided under Section 41-6a-212 for authorized
emergency vehicles, the operator of a vehicle shall obey the instructions of any [
traffic-control device placed or held in accordance with this chapter [
(2) (a) Any provision of this chapter, for which [
device is required, may not be enforced [
the alleged violation [
sufficiently legible to be seen by an ordinarily observant person.
(b) [
of this chapter are effective independently of the placement of a traffic-control device unless the
provision requires the placement of a traffic-control device prior to its enforcement.
(3) [
approximately conforming to the requirements of this chapter[
have been placed or held by the official act or direction of a highway authority or other lawful
authority, unless the contrary is established by competent evidence.
(4) [
to conform to the lawful requirements [
with the requirements of this chapter, unless the contrary is established by competent evidence.
Section 42. Section 41-6a-305 , which is renumbered from Section 41-6-24 is
renumbered and amended to read:
[
than intersection -- Color of light signal -- Inoperative traffic-control signals.
(1) (a) Green, red, and yellow are the only colors that may be used in a traffic-control
[
(i) pedestrian [
(ii) rail [
(b) Traffic-control signals [
the operator of a vehicle and to a pedestrian as provided in this section.
(2) (a) (i) Except as provided in Subsection (2)(a)(ii), the operator of a vehicle facing a
circular green signal may:
(A) proceed straight through the intersection;
(B) turn right; or
(C) turn left.
(ii) The operator of a vehicle facing a circular green signal, including an operator turning
right or left:
(A) shall yield the right-of-way to other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time the signal is exhibited; and
(B) may not turn right or left if a sign at the intersection prohibits the turn.
(b) The operator of a vehicle facing a green arrow signal shown alone or in combination
with [
(i) may cautiously enter the intersection only to make the movement indicated by the
arrow or other indication shown at the same time; and
(ii) shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and
to other traffic lawfully using the intersection.
(c) Unless otherwise directed by a [
under Section [
green turn arrow may proceed across the roadway within any marked or unmarked crosswalk.
(3) (a) The operator of a vehicle facing a steady circular yellow or yellow arrow signal is
warned that the allowable movement related to a green signal is being terminated.
(b) Unless otherwise directed by a [
under Section [
signal is advised that there is insufficient time to cross the roadway before a red indication is
shown, and a pedestrian may not start to cross the roadway.
(4) (a) Except as provided in Subsection (4)(c), the operator of a vehicle facing a steady
circular red or red arrow signal:
(i) may not enter the intersection unless entering the intersection to make a movement is
permitted by another indication; and
(ii) shall stop at a clearly marked stop line, but if none, before entering the marked or
unmarked crosswalk on the near side of the intersection and shall remain stopped until an
indication to proceed is shown.
(b) Unless otherwise directed by a [
under Section [
the roadway.
(c) (i) Except when facing a red arrow signal or when a sign is in place prohibiting a turn,
the operator of a vehicle facing any steady circular red signal may cautiously enter the
intersection to turn right, or may turn left from a one-way street into a one-way street, after
stopping as required by Subsection (4)(a).
(ii) The operator of a vehicle shall yield the right-of-way to:
(A) [
an official traffic-control signal; and
(B) [
(5) (a) This section applies to a highway or rail line where [
signal is erected and maintained [
(b) Any stop required shall be made at a sign or marking on the highway pavement
indicating where the stop shall be made, but, in the absence of any sign or marking, the stop shall
be made at the signal.
(6) The operator of a vehicle approaching an intersection that has an [
inoperative traffic-control signal [
(a) stop before entering the intersection; and [
(b) yield the right-of-way to any vehicle as required under Section [
Section 43. Section 41-6a-306 , which is renumbered from Section 41-6-25 is
renumbered and amended to read:
[
[
(1) A pedestrian facing a steady "Walk" or symbol of "Walking Person" [
across the roadway in the direction of the signal.
(2) A pedestrian facing a flashing "Don't Walk" or "Upraised Hand" [
of a pedestrian traffic-control signal may not start to cross the roadway in the direction of the
signal, but a pedestrian who has partially completed [
proceed to a sidewalk or safety island [
(3) A pedestrian facing a steady "Don't Walk" or "Upraised Hand" [
pedestrian traffic-control signal may not enter the roadway in the direction of the signal.
Section 44. Section 41-6a-307 , which is renumbered from Section 41-6-26 is
renumbered and amended to read:
[
operators -- Railroad grade crossings excluded.
[
crossing, the:
(1) operator of a vehicle facing an illuminated flashing red [
used in a [
the crosswalk on the nearest side of the intersection, or if none, then at a point nearest the
intersecting roadway where the operator has a view of approaching traffic on the intersecting
roadway before entering[
(2) right to proceed is subject to the rules applicable after making a stop at a stop sign[
and
[
(3) operator of a vehicle facing an illuminated flashing yellow caution signal may
cautiously proceed through the intersection or cautiously proceed past the signal [
[
Section 45. Section 41-6a-308 , which is renumbered from Section 41-6-26.5 is
renumbered and amended to read:
[
[
control individual lane use shall obey the signal as follows:
(1) Green signal -- vehicular traffic may travel in any lane over which a green signal is
shown.
(2) Steady yellow signal -- vehicular traffic is warned that a lane control change is being
made.
(3) Steady red signal -- vehicular traffic may not enter or travel in any lane over which a
red signal is shown.
(4) Flashing yellow signal -- vehicular traffic may use the lane only for the purpose of
approaching and making a left turn.
Section 46. Section 41-6a-309 , which is renumbered from Section 41-6-27 is
renumbered and amended to read:
[
markings -- Commercial advertising -- Public nuisance -- Removal.
(1) [
display upon or in view of any highway any unauthorized sign, signal, light, marking, or device
which:
(a) purports to be [
device or railroad sign or signal, or authorized emergency vehicle flashing light[
[
[
traffic-control device or any railroad sign or signal; or
[
(d) blinds or dazzles an operator on any adjacent highway.
(2) [
may not place or maintain [
(3) The provisions of Subsections (1) and (2) do not prohibit [
on private property adjacent to [
information [
traffic-control device.
[
nuisance and the highway authority having jurisdiction over the [
it or cause it to be removed without notice.
Section 47. Section 41-6a-310 , which is renumbered from Section 41-6-1.5 is
renumbered and amended to read:
[
(1) The commissioner of the Department of Public Safety may make rules, consistent
with this chapter, governing the use, in emergencies, of signal lights on [
privately owned vehicles.
(2) The rules under Subsection (1) may [
[
Section 48. Section 41-6a-311 , which is renumbered from Section 41-6-28 is
renumbered and amended to read:
[
Traffic signal preemption device prohibited -- Exceptions -- Defense.
[
[
[
[
damage, knock down, or remove any:
(a) [
(b) [
(c) [
[
(a) knowingly use a traffic signal preemption device to interfere with the authorized
operation or the authorized cycle of a traffic-control signal; or
(b) operate a motor vehicle on a highway while in possession of a traffic signal
preemption device.
[
authorized by the highway authority or railroad authority with jurisdiction over the device.
[
traffic signal preemption device was inoperative and could not be readily used at the time of the
citation or arrest.
Section 49. Section 41-6a-401 , which is renumbered from Section 41-6-31 is
renumbered and amended to read:
[
Duties of operator, occupant, and owner -- Exchange of information -- Notification of law
enforcement -- Penalties.
(1) The operator of a vehicle involved in an accident resulting in injury to or death of
[
(a) immediately stop the vehicle at the scene of the accident or as close as possible
without obstructing traffic more than is necessary; and
(b) remain at the scene of the accident until the operator has fulfilled the requirements of
this section.
(2) If the vehicle or other property is operated, occupied, or attended by any person or if
the owner of the vehicle or property is present, the operator of the vehicle involved in the
accident shall:
(a) give to the persons involved [
number of the vehicle [
(b) upon request and if available, exhibit [
(i) any investigating peace officer present;
(ii) the person struck;
(iii) the operator, occupant of, or person attending the vehicle or other property damaged
in the accident; and
(iv) the owner of property damaged in the accident, if present; and
(c) render to any person injured in the [
including [
injured person to a physician[
(i) it is apparent that treatment is necessary; or [
(ii) transportation is requested by the injured person.
[
immediately and by the quickest means of communication available give notice or cause to give
notice of the accident to the nearest office of a law enforcement agency[
resulted in:
(a) injury or death of any person; or
(b) property damage to an apparent extent of $1,000 or more.
(4) The occupant of a vehicle involved in an accident who is not the operator of the
vehicle shall give or cause to give the immediate notice required under Subsection (3) if:
(a) the operator of a vehicle involved in an accident is physically incapable of giving [
(b) the occupant [
immediate notice[
[
(5) If the vehicle or other property is unattended, the operator of the vehicle involved in
the accident shall:
(a) locate and notify the operator or owner of the vehicle or the owner of other property
damaged in the accident of the operator's name, address, and the registration number of the
vehicle causing the damage; or
(b) attach securely in a conspicuous place on the vehicle or other property a written
notice giving the operator's name, address, and the registration number of the vehicle causing the
damage.
(6) (a) A person who violates the provisions of Subsection (1) is guilty of a class A
misdemeanor and shall be fined not less than $750 if the accident results in injury or death of a
person.
(b) A person who violates the provisions of Subsection (1) is guilty of a class B
misdemeanor if the accident results only in damage to a vehicle or other property.
(c) A person who violates the provision of Subsection (5) is guilty of a class B
misdemeanor.
Section 50. Section 41-6a-402 , which is renumbered from Section 41-6-35 is
renumbered and amended to read:
[
officer to forward or render.
(1) The department may require any operator of a vehicle involved in an accident
resulting in injury to or death of any person or total property damage to the apparent extent of
$1,000 or more to file within ten days after the request:
(a) a report of the accident to the department in a manner specified by the department [
(b) a supplemental report when the original report is insufficient in the opinion of the
department.
(2) The department may require witnesses of accidents to [
department.
(3) (a) An accident report is not required under this section from any person who is
physically incapable of making a report, during [
(b) If the operator is physically incapable of making an accident report under this section
and the operator is not the owner of the vehicle, the owner of the vehicle involved in the accident
shall within 15 days after becoming aware of the accident make the report required of the
operator under this section.
(4) (a) The department shall, upon request, supply to law enforcement agencies, justice
court judges, sheriffs, garages, and other appropriate agencies or individuals forms for accident
reports required under this part.
(b) A request for an accident report form under Subsection (4)(a) shall be made in a
manner specified by the division.
(c) The accident reports shall:
(i) provide sufficient detail to disclose the cause, conditions then existing, and the
persons and vehicles involved in the accident; and
(ii) contain all of the information required that is available.
(5) (a) A person shall file an accident report if required under this section.
(b) The department shall suspend the license or permit to operate a motor vehicle and
any nonresident operating privileges of any person failing to file an accident report in accordance
with this section.
(c) The suspension under Subsection (5)(b) shall be in effect until the report has been
filed except that the department may extend the suspension not to exceed 30 days.
[
motor vehicle accident described under Subsection (1) shall file the original or an electronic copy
of the report of the accident with the department within ten days after completing the
investigation.
(b) The accident report shall be made either at the time of and at the scene of the accident
or later by interviewing participants or witnesses.
[
and the information in them are protected and confidential and may be disclosed only as provided
in Section [
(8) (a) In addition to the reports required under this part, a local highway authority may,
by ordinance, require that for each accident that occurs within its jurisdiction, the operator of a
vehicle involved in an accident, or the owner of the vehicle involved in an accident, shall file
with the local law enforcement agency a report of the accident or a copy of any report required to
be filed with the department under this part.
(b) All reports are for the confidential use of the municipal department and are subject to
the provisions of Section 41-6a-404 .
Section 51. Section 41-6a-403 , which is renumbered from Section 41-6-35.5 is
renumbered and amended to read:
[
security -- Agency action if no security -- Surrender of plates -- Penalties.
(1) (a) Upon request of a peace officer investigating an accident involving a motor
vehicle, the operator of the motor vehicle shall provide evidence of the owner's or operator's
security required under Section 41-12a-301 .
(b) The evidence of owner's or operator's security includes information specified under
Section 41-12a-303.2 .
(2) The peace officer shall record on a form approved by the department:
(a) the information provided by the operator;
(b) whether the operator provided insufficient or no information;
(c) [
not correct; and
(d) whether other information available to the peace officer indicates that owner's or
operator's security is in effect.
(3) The peace officer shall deposit all completed forms with [
enforcement agency, which shall forward the forms to the department no later than ten days after
receipt.
(4) (a) The department shall within ten days of receipt of the forms from the law
enforcement agency take action as follows:
[
information available to the peace officer does not indicate that owner's or operator's security is
in effect, the department shall take direct action under Subsection 53-3-221 (12)[
[
reasonable cause to believe that the information given under Subsection (1) is not correct, the
department shall contact directly the insurance company or other provider of security as
described in [
information submitted as of the date of the [
accident.
[
to be in a form specified by the department.
[
verification to the department within 30 days of receipt of the request.
[
request, or within the 35 days receives notice that the information was not correct, the department
shall take action under Subsection 53-3-221 (12).
(5) (a) The owner of a vehicle with unexpired license plates for which security is not
provided as required under this chapter shall return the plates for the vehicle to the Motor
Vehicle Division unless specifically permitted by statute to retain them.
(b) If the owner fails to return the plates as required, [
under Section 53-3-226 .
(6) [
Act, the department may make rules for the enforcement of this section.
[
[
[
[
[
[
[
[
[
[
[
[
$100, who:
(a) when requested to provide security information under Subsection (1), or Section
41-12a-303.2 , provides false information;
(b) falsely represents to the department that security required under this chapter is in
effect; or
(c) sells a vehicle to avoid the penalties of this section as applicable either to himself or a
third party.
Section 52. Section 41-6a-404 , which is renumbered from Section 41-6-40 is
renumbered and amended to read:
[
information -- Use as evidence -- Penalty for false information.
(1) As used in this section:
(a) "Agent" means a person's:
(i) attorney;
(ii) insurer; or
(iii) any other individual or entity with signed permission from the person to receive the
person's accident report.
(b) "Accompanying data" means all materials gathered by the investigating peace officer
in an accident investigation including:
(i) the identity of witnesses and, if known, contact information;
(ii) witness statements;
(iii) photographs and videotapes;
(iv) diagrams; and
(v) field notes.
(2) Except as provided in Subsection (3), all accident reports required in this [
part to be filed with the department:
(a) are without prejudice to the reporting individual;
(b) are protected and for the confidential use of the department or other state, local, or
federal agencies having use for the records for official governmental statistical, investigative, and
accident prevention purposes; and
(c) may be disclosed only in a statistical form that protects the privacy of any person
involved in the accident.
(3) (a) Subject to the provisions of this section, the department or the responsible law
enforcement agency employing the peace officer that investigated the accident shall disclose an
accident report to:
(i) a person involved in the accident, excluding a witness to the accident;
(ii) a person suffering loss or injury in the accident;
(iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i) and
(ii);
(iv) subject to Subsection (3)(d), a member of the press or broadcast news media;
(v) a state, local, or federal agency that uses the records for official governmental,
investigative, or accident prevention purposes;
(vi) law enforcement personnel when acting in their official governmental capacity; and
(vii) a licensed private investigator.
(b) The responsible law enforcement agency employing the peace officer that
investigated the accident:
(i) shall in compliance with Subsection (3)(a):
(A) disclose an accident report; or
(B) upon written request disclose an accident report and its accompanying data within ten
business days from receipt of a written request for disclosure; or
(ii) may withhold an accident report, and any of its accompanying data if disclosure
would jeopardize an ongoing criminal investigation or criminal prosecution.
(c) In accordance with Subsection (3)(a), the department or the responsible law
enforcement agency employing the investigating peace officer shall disclose whether any person
or vehicle involved in an accident reported under this section was covered by a vehicle insurance
policy, and the name of the insurer.
(d) Information provided to a member of the press or broadcast news media under
Subsection (3)(a)(iv) may only include:
(i) the name, age, sex, and city of residence of each person involved in the accident;
(ii) the make and model year of each vehicle involved in the accident;
(iii) whether or not each person involved in the accident was covered by a vehicle
insurance policy;
(iv) the location of the accident; and
(v) a description of the accident that excludes personal identifying information not listed
in Subsection (3)(d)(i).
(e) The department shall disclose to any requesting person the following vehicle accident
history information, excluding personal identifying information, in bulk electronic form:
(i) any vehicle identifying information that is electronically available, including the
make, model year, and vehicle identification number of each vehicle involved in an accident;
(ii) the date of the accident; and
(iii) any electronically available data which describes the accident, including a
description of any physical damage to the vehicle.
(f) The department may establish a fee under Section 63-38-3.2 based on the fair market
value of the information for providing bulk vehicle accident history information under
Subsection (3)(e).
(4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
may not be used as evidence in any civil or criminal trial arising out of an accident.
(b) (i) Upon demand of any party to the trial or upon demand of any court, the
department shall furnish a certificate showing that a specified accident report has or has not been
made to the department in compliance with law.
(ii) If the report has been made, the certificate furnished by the department shall show:
(A) the date, time, and location of the accident[
(B) the names and addresses of the drivers[
(C) the owners of the vehicles involved[
(D) the investigating peace officers.
(iii) The reports may be used as evidence when necessary to prosecute charges filed in
connection with a violation of Subsection (5).
(5) A person who gives information in reports as required in this [
or having reason to believe that the information is false is guilty of a class A misdemeanor.
(6) The department and the responsible law enforcement agency employing the
investigating peace officer may charge a reasonable fee determined by the department under
Section 63-38-3.2 for the cost incurred in disclosing an accident report or an accident report and
any of its accompanying data under Subsections (3)(a) and (b).
Section 53. Section 41-6a-405 , which is renumbered from Section 41-6-39 is
renumbered and amended to read:
[
sticker.
(1) (a) The person in charge of any garage or repair shop [
report to the nearest law enforcement agency within 24 hours of receiving a vehicle which shows
evidence of having been:
(i) involved in an accident for which an accident report may be requested under Section
[
(ii) struck by any bullet[
(b) The report required under Subsection (1)(a) shall include the:
(i) vehicle identification number[
(ii) registration number[
(iii) name and address of the owner or operator of the vehicle.
(2) If a damaged vehicle sticker describing the damage is affixed to the vehicle by a
peace officer, a report under [
Section 54. Section 41-6a-406 , which is renumbered from Section 41-6-41 is
renumbered and amended to read:
[
publication.
(1) The department [
(2) (a) The department shall tabulate and publish [
(b) The publication under Subsection (2)(a) shall be at least annually.
Section 55. Section 41-6a-407 , which is renumbered from Section 41-6-38 is
renumbered and amended to read:
[
for damages.
(1) (a) A person [
not willfully or negligently permit any of the livestock to stray or remain unaccompanied [
highway are [
(b) Subsection (1)(a) does not apply to range stock drifting onto any highway [
(2) (a) A person may not drive any livestock upon, over, or across any highway during
the period from half an hour after sunset to half an hour before sunrise[
(b) Subsection (2)(a) does not apply if the person has a sufficient number of herders with
warning lights on continual duty to open the road to permit the passage of vehicles.
(3) In any civil action brought [
caused by collision with any domestic animal or [
presumption that the collision was due to negligence on behalf of the owner or the person in
possession of the domestic animal or livestock.
Section 56. Section 41-6a-408 , which is renumbered from Section 41-6-38.5 is
renumbered and amended to read:
[
livestock or broken fence involved -- Exempt from liability.
(1) A peace officer investigating an accident resulting in injury or death of any livestock
shall make reasonable efforts as soon as possible to locate the owner of the livestock and inform
the owner of the injured or dead animal.
(2) A peace officer investigating an accident resulting in a broken fence, if it appears the
fence contains or controls the movement of livestock, shall make reasonable efforts as soon as
possible to locate the owner of the property and inform the owner of the broken fence.
(3) (a) Civil or criminal liability for claims does not arise against any peace officer for
failure to locate the owner of the livestock or property. [
(b) Subsection (3)(a) does not preclude disciplinary action by the [
enforcement agency against a peace officer for failure to perform duties required by this section.
Section 57. Section 41-6a-501 is enacted to read:
41-6a-501. Definitions.
(1) As used in this part:
(a) "Assessment" means an in-depth clinical interview with a licensed mental health
therapist:
(i) used to determine if a person is in need of:
(A) substance abuse treatment that is obtained at a substance abuse program;
(B) an educational series; or
(C) a combination of Subsections (1)(a)(i)(A) and (B); and
(ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
with Section 62A-15-105 .
(b) "Educational series" means an educational series obtained at a substance abuse
program that is approved by the Board of Substance Abuse and Mental Health in accordance
with Section 62A-15-105 .
(c) "Negligence" means simple negligence, the failure to exercise that degree of care that
an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(d) "Screening" means a preliminary appraisal of a person:
(i) used to determine if the person is in need of:
(A) an assessment; or
(B) an educational series; and
(ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
with Section 62A-15-105 .
(e) "Serious bodily injury" means bodily injury that creates or causes:
(i) serious permanent disfigurement;
(ii) protracted loss or impairment of the function of any bodily member or organ; or
(iii) a substantial risk of death.
(f) "Substance abuse treatment" means treatment obtained at a substance abuse program
that is approved by the Board of Substance Abuse and Mental Health in accordance with Section
62A-15-105 .
(g) "Substance abuse treatment program" means a state licensed substance abuse
program.
(h) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
Section 41-6a-102 ; and
(ii) "Vehicle" or "motor vehicle" includes:
(A) an off-highway vehicle as defined under Section 41-22-2 ; and
(B) a motorboat as defined in Section 73-18-2 .
(2) As used in Section 41-6a-503 :
(a) "Conviction" means any conviction for a violation of:
(i) driving under the influence under Section 41-6a-502 ;
(ii) alcohol, any drug, or a combination of both-related reckless driving under Sections
41-6a-512 and 41-6a-528 ;
(iii) driving with any measurable controlled substance that is taken illegally in the body
under Section 41-6a-517 ;
(iv) local ordinances similar to Section 41-6a-502 or alcohol, any drug, or a combination
of both-related reckless driving adopted in compliance with Section 41-6a-510 ;
(v) automobile homicide under Section 76-5-207 ;
(vi) Subsection 58-37-8 (2)(g);
(vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
conviction is reduced under Section 76-3-402 ; or
(viii) statutes or ordinances previously in effect in this state or in effect in any other state,
the United States, or any district, possession, or territory of the United States which would
constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of both-related
reckless driving if committed in this state, including punishments administered under 10 U.S.C.
Sec. 815.
(b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i) through
(viii) which plea is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the
equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in
accordance with the plea in abeyance agreement, for purposes of:
(i) enhancement of penalties under:
(A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
(B) automobile homicide under Section 76-5-207 ; and
(ii) expungement under Section 77-18-12 .
Section 58. Section 41-6a-502 , which is renumbered from Section 41-6-44 is
renumbered and amended to read:
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combination of both or with specified or unsafe blood alcohol concentration.
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this state if the person:
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that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of
the test;
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and any drug to a degree that renders the person incapable of safely operating a vehicle; [
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of operation or actual physical control; or
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actual physical control; [
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within ten years of a prior conviction[
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(iv) (A) has sufficient alcohol in the person's body that a subsequent chemical test shows
that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of
the test; or
(B) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation or actual physical control[
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milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol
per 210 liters of breath.
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(3) A violation of this section includes a violation under a local ordinance similar to this
section adopted in compliance with Section 41-6a-510 .
Section 59. Section 41-6a-503 is enacted to read:
41-6a-503. Penalties for driving under the influence violations.
(1) A person convicted the first or second time of a violation of Subsections
41-6a-502 (1)(a) through (c) is guilty of a:
(a) class B misdemeanor; or
(b) class A misdemeanor if the person:
(i) has also inflicted bodily injury upon another as a proximate result of having operated
the vehicle in a negligent manner;
(ii) had a passenger under 16 years of age in the vehicle at the time of the offense; or
(iii) was 21 years of age or older and had a passenger under 18 years of age in the vehicle
at the time of the offense.
(2) A person convicted of a violation of Section 41-6a-502 is guilty of a third degree
felony if:
(a) the person has also inflicted serious bodily injury upon another as a proximate result
of having operated the vehicle in a negligent manner;
(b) the conviction under Section 41-6a-502 is within ten years of two or more prior
convictions as defined in Subsection 41-6a-501 (2); or
(c) the conviction under Section 41-6a-502 is at any time after a conviction of:
(i) automobile homicide under Section 76-5-207 that is committed after July 1, 2001;
(ii) a felony violation of Section 41-6a-502 or a statute previously in effect in this state
that would constitute a violation of Section 41-6a-502 that is committed after July 1, 2001; or
(iii) any conviction described in Subsection (2)(c)(i) or (ii) which judgment of conviction
is reduced under Section 76-3-402 .
(3) A person convicted of a violation of Subsection 41-6a-502 (1)(d) is guilty of:
(a) a class B misdemeanor; or
(b) a class A misdemeanor if the person has also inflicted bodily injury upon another as a
proximate result of having operated the vehicle in a negligent manner.
Section 60. Section 41-6a-504 is enacted to read:
41-6a-504. Defense not available for driving under the influence violation.
The fact that a person charged with violating Section 41-6a-502 is or has been legally
entitled to use alcohol or a drug is not a defense against any charge of violating Section
41-6a-502 .
Section 61. Section 41-6a-505 is enacted to read:
41-6a-505. Sentencing requirements for driving under the influence of alcohol,
drugs, or a combination of both violations.
(1) As part of any sentence for a first conviction of Section 41-6a-502 :
(a) the court shall:
(i) (A) impose a jail sentence of not less than 48 consecutive hours;
(B) require the person to work in a compensatory-service work program for not less than
48 hours; or
(C) require the person to participate in home confinement through the use of electronic
monitoring in accordance with Section 41-6a-506 ;
(ii) order the person to participate in a screening;
(iii) order the person to participate in an assessment, if it is found appropriate by a
screening under Subsection (1)(a)(ii);
(iv) order the person to participate in an educational series if the court does not order
substance abuse treatment as described under Subsection (1)(b);
(v) impose a fine of not less than $700; and
(vi) order probation for the person in accordance with Section 41-6a-507 , if there is
admissible evidence that the person had a blood alcohol level of .16 or higher; and
(b) the court may:
(i) order the person to obtain substance abuse treatment if the substance abuse treatment
program determines that substance abuse treatment is appropriate; or
(ii) order probation for the person in accordance with Section 41-6a-507 .
(2) If a person is convicted under Section 41-6a-502 within ten years of a prior
conviction as defined in Subsection 41-6a-501 (2):
(a) the court shall:
(i) (A) impose a jail sentence of not less than 240 consecutive hours;
(B) require the person to work in a compensatory-service work program for not less than
240 hours; or
(C) require the person to participate in home confinement through the use of electronic
monitoring in accordance with Section 41-6a-506 ;
(ii) order the person to participate in a screening;
(iii) order the person to participate in an assessment, if it is found appropriate by a
screening under Subsection (2)(a)(ii);
(iv) order the person to participate in an educational series if the court does not order
substance abuse treatment as described under Subsection (2)(b);
(v) impose a fine of not less than $800; and
(vi) order probation for the person in accordance with Section 41-6a-507 ; and
(b) the court may order the person to obtain substance abuse treatment if the substance
abuse treatment program determines that substance abuse treatment is appropriate.
(3) Under Subsection 41-6a-503 (2), if the court suspends the execution of a prison
sentence and places the defendant on probation:
(a) the court shall impose:
(i) a fine of not less than $1,500;
(ii) a jail sentence of not less than 1,500 hours;
(iii) supervised probation; and
(iv) an order requiring the person to obtain a screening and assessment and substance
abuse treatment at a substance abuse treatment program providing intensive care or inpatient
treatment and long-term closely supervised follow-through after treatment for not less than 240
hours; and
(b) the court may require the person to participate in home confinement through the use
of electronic monitoring in accordance with Section 41-6a-506 .
(4) (a) The requirements of Subsections (1)(a), (2)(a), and (3)(a) may not be suspended.
(b) Probation or parole resulting from a conviction for a violation under this section may
not be terminated.
(5) If a person is convicted of a violation of Section 41-6a-502 and there is admissible
evidence that the person had a blood alcohol level of .16 or higher, the court shall order the
following, or describe on record why the order or orders are not appropriate:
(a) treatment as described under Subsection (1)(b), (2)(b), or (3)(a)(iv); and
(b) one or both of the following:
(i) the installation of an ignition interlock system as a condition of probation for the
person in accordance with Section 41-6a-518 ; or
(ii) the imposition of home confinement through the use of electronic monitoring in
accordance with Section 41-6a-506 .
Section 62. Section 41-6a-506 is enacted to read:
41-6a-506. Electronic monitoring requirements for certain driving under the
influence violations.
(1) If the court orders a person to participate in home confinement through the use of
electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation
monitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
(2) The electronic monitoring device shall be used under conditions which require:
(a) the person to wear an electronic monitoring device at all times;
(b) that a device be placed in the home or other specified location of the person, so that
the person's compliance with the court's order may be monitored; and
(c) the person to pay the costs of the electronic monitoring.
(3) The court shall order the appropriate entity described in Subsection (5) to place an
electronic monitoring device on the person and install electronic monitoring equipment in the
residence of the person or other specified location.
(4) The court may:
(a) require the person's electronic home monitoring device to include a substance abuse
testing instrument;
(b) restrict the amount of alcohol the person may consume during the time the person is
subject to home confinement;
(c) set specific time and location conditions that allow the person to attend school
educational classes, or employment and to travel directly between those activities and the
person's home; and
(d) waive all or part of the costs associated with home confinement if the person is
determined to be indigent by the court.
(5) The electronic monitoring described in this section may either be administered
directly by the appropriate corrections agency, probation monitoring agency, or by contract with a
private provider.
(6) The electronic monitoring provider shall cover the costs of waivers by the court under
Subsection (4)(d).
Section 63. Section 41-6a-507 is enacted to read:
41-6a-507. Supervised probation for certain driving under the influence violations.
(1) If supervised probation is ordered under Section 41-6a-505 or 41-6a-517 :
(a) the court shall specify the period of the probation;
(b) the person shall pay all of the costs of the probation; and
(c) the court may order any other conditions of the probation.
(2) The court shall provide the probation described in this section by contract with a
probation monitoring agency or a private probation provider.
(3) The probation provider described in Subsection (2) shall monitor the person's
compliance with all conditions of the person's sentence, conditions of probation, and court orders
received under this part and shall notify the court of any failure to comply with or complete that
sentence or those conditions or orders.
(4) (a) The court may waive all or part of the costs associated with probation if the
person is determined to be indigent by the court.
(b) The probation provider described in Subsection (2) shall cover the costs of waivers
by the court under Subsection (4)(a).
Section 64. Section 41-6a-508 is enacted to read:
41-6a-508. Arrest without a warrant for a driving under the influence violation.
A peace officer may, without a warrant, arrest a person for a violation of Section
41-6a-502 when the peace officer has probable cause to believe the violation has occurred,
although not in the peace officer's presence, and if the peace officer has probable cause to believe
that the violation was committed by the person.
Section 65. Section 41-6a-509 is enacted to read:
41-6a-509. Driver license suspension or revocation for a driving under the influence
violation.
(1) (a) The Driver License Division shall:
(i) suspend for 90 days the operator's license of a person convicted for the first time
under Section 41-6a-502 ;
(ii) revoke for one year the license of a person convicted of any subsequent offense under
Section 41-6a-502 or if the person has a prior conviction as defined under Subsection
41-6a-501 (2) if the violation is committed within a period of ten years from the date of the prior
violation; and
(iii) suspend or revoke the license of a person as ordered by the court under Subsection
(2).
(b) The Driver License Division shall subtract from any suspension or revocation period
the number of days for which a license was previously suspended under Section 53-3-223 or
53-3-231 , if the previous suspension was based on the same occurrence upon which the record of
conviction is based.
(2) (a) (i) In addition to any other penalties provided in this section, a court may order the
operator's license of a person who is convicted of a violation of Section 41-6a-502 to be
suspended or revoked for an additional period of 90 days, 180 days, one year, or two years to
remove from the highways those persons who have shown they are safety hazards.
(ii) The additional suspension or revocation period provided in this Subsection (2) shall
begin the date on which the individual would be eligible to reinstate the individual's driving
privilege for a violation of Section 41-6a-502 .
(b) If the court suspends or revokes the person's license under this Subsection (2), the
court shall prepare and send to the Driver License Division an order to suspend or revoke that
person's driving privileges for a specified period of time.
(3) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening;
(B) assessment;
(C) educational series;
(D) substance abuse treatment; and
(E) hours of work in a compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification described in Subsection (3)(a), the division shall
suspend the person's driving privilege in accordance with Subsections 53-3-221 (2) and (3).
Section 66. Section 41-6a-510 , which is renumbered from Section 41-6-43 is
renumbered and amended to read:
[
ordinances -- Consistent with code.
(1) An ordinance adopted by a local authority that governs the following matters shall be
consistent with the provisions in this code which govern the following matters:
(a) a person's operating or being in actual physical control of a motor vehicle while
having alcohol in the blood or while under the influence of alcohol or any drug or the combined
influence of alcohol and any drug[
(b) in relation to any of [
(i) a chemical test or chemical tests[
(ii) evidentiary presumptions[
(iii) penalties[
(iv) any combination of [
(2) An ordinance adopted by a local authority that governs reckless driving, or operating
a vehicle in willful or wanton disregard for the safety of persons or property shall be consistent
with the provisions of this code which govern those matters.
Section 67. Section 41-6a-511 , which is renumbered from Section 41-6-43.7 is
renumbered and amended to read:
[
(1) The state courts shall collect and maintain data necessary to allow sentencing and
enhancement decisions to be made in accordance with this [
(2) (a) Each justice court shall transmit dispositions electronically to the Department of
Public Safety in accordance with the requirement for recertification established by the Judicial
Council.
(b) Immediately upon filling the requirements under Subsection (2)(a), a justice court
shall collect and report the same DUI related data elements collected and maintained by the state
courts under Subsection (1).
(3) The [
for DUI related records and data including the data elements received or collected from the courts
under this section.
(4) (a) The Commission on Criminal and Juvenile Justice shall prepare an annual report
of DUI related data including the following:
(i) the data collected by the courts under Subsections (1) and (2); and
(ii) any measures for which data are available to evaluate the profile and impacts of DUI
recidivism and to evaluate the DUI related processes of:
(A) law enforcement;
(B) adjudication;
(C) sanctions;
(D) drivers' license control; and
(E) alcohol education, assessment, and treatment.
(b) The report shall be provided to the Judiciary and Transportation Interim Committees
no later than the last day of October following the end of the fiscal year for which the report is
prepared.
Section 68. Section 41-6a-512 is enacted to read:
41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.
(1) (a) The prosecution shall state for the record a factual basis for a plea, including
whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
original charge of a violation of Section 41-6a-502 :
(i) reckless driving under Section 41-6a-528 ; or
(ii) an ordinance enacted under Section 41-6a-510 .
(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in
connection with the violation.
(2) The court shall advise the defendant before accepting the plea offered under this
section of the consequences of a violation of Section 41-6a-528 .
(3) The court shall notify the Driver License Division of each conviction of Section
41-6a-528 entered under this section.
(4) (a) The provisions in Subsections 41-6a-505 (1), (2), and (3) that require a sentencing
court to order a convicted person to participate in a screening, an assessment, or an educational
series or obtain substance abuse treatment or do a combination of those things, apply to a
conviction for a violation of Section 41-6a-528 under Subsection (1).
(b) The court shall render the same order regarding screening, assessment, an educational
series, or substance abuse treatment in connection with a first, second, or subsequent conviction
under Section 41-6a-528 under Subsection (1), as the court would render in connection with
applying respectively, the first, second, or subsequent conviction requirements of Subsections
41-6a-505 (1), (2), and (3).
Section 69. Section 41-6a-513 , which is renumbered from Section 41-6-43.8 is
renumbered and amended to read:
[
Verification of prior violations -- Prosecutor to examine defendant's record.
(1) A court may not accept a plea of guilty or no contest to a charge under Section
[
(a) the prosecutor agrees to the plea:
(i) in open court;
(ii) in writing; or
(iii) by another means of communication which the court finds adequate to record the
prosecutor's agreement;
(b) the charge is filed by information as defined under Section 77-1-3 ; or
(c) the court receives verification from a law enforcement agency that the defendant's
driver license record contains no record of a conviction, arrest, or charge for:
(i) more than one prior violation within the previous ten years of any offense which, if
the defendant were convicted, would qualify as a "conviction" as defined under Subsection
[
(ii) a felony violation of Section [
(iii) automobile homicide under Section 76-5-207 .
(2) A verification under Subsection (1)(c) may be made by:
(a) a written indication on the citation;
(b) a separate written document; or
(c) any other means which the court finds adequate to record the law enforcement
agency's verification.
(3) (a) Prior to agreeing to a plea of guilty or no contest or to filing an information under
Subsection (1), the prosecutor shall examine the criminal history or driver license record of the
defendant.
(b) If the defendant's record contains a conviction or unresolved arrest or charge for an
offense listed in Subsections (1)(c)(i) through (iii), a plea may only be accepted if:
(i) approved by:
(A) a district attorney;
(B) a deputy district attorney;
(C) a county attorney;
(D) a deputy county attorney;
(E) the attorney general; or
(F) an assistant attorney general; and
(ii) the attorney giving approval under Subsection (3)(b)(i) has felony jurisdiction over
the case.
(4) A plea of guilty or no contest is not made invalid by the failure of the court,
prosecutor, or law enforcement agency to comply with this section.
Section 70. Section 41-6a-514 , which is renumbered from Section 41-6-44.1 is
renumbered and amended to read:
[
The [
requirements of Title 63, Chapter 46b, Administrative Procedures Act, in its adjudicative
proceedings.
Section 71. Section 41-6a-515 , which is renumbered from Section 41-6-44.3 is
renumbered and amended to read:
[
Evidence.
(1) The commissioner of the [
standards for the administration and interpretation of chemical analysis of a person's breath or
oral fluids, including standards of training.
(2) In any action or proceeding in which it is material to prove that a person was
operating or in actual physical control of a vehicle while under the influence of alcohol or any
drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered
as memoranda or records of acts, conditions, or events to prove that the analysis was made and
the instrument used was accurate, according to standards established in Subsection (1), are
admissible if:
(a) the judge finds that they were made in the regular course of the investigation at or
about the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances of
their preparation indicate their trustworthiness.
(3) If the judge finds that the standards established under Subsection (1) and the
conditions of Subsection (2) have been met, there is a presumption that the test results are valid
and further foundation for introduction of the evidence is unnecessary.
Section 72. Section 41-6a-516 , which is renumbered from Section 41-6-44.5 is
renumbered and amended to read:
[
under the influence -- Weight of evidence.
(1) (a) In any civil or criminal action or proceeding in which it is material to prove that a
person was operating or in actual physical control of a vehicle while under the influence of
alcohol or drugs or with a blood or breath alcohol content statutorily prohibited, the results of a
chemical test or tests as authorized in Section [
(b) (i) In a criminal proceeding, noncompliance with Section [
does not render the results of a chemical test inadmissible.
(ii) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by Rules of Evidence or the constitution.
(2) This section does not prevent a court from receiving otherwise admissible evidence
as to a defendant's blood or breath alcohol level or drug level at the time relevant to the alleged
offense.
Section 73. Section 41-6a-517 , which is renumbered from Section 41-6-44.6 is
renumbered and amended to read:
[
substance in the body -- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means any substance scheduled under Section 58-37-4 .
(b) "Practitioner" has the same meaning as provided in Section 58-37-2 .
(c) "Prescribe" has the same meaning as provided in Section 58-37-2 .
(d) "Prescription" has the same meaning as provided in Section 58-37-2 .
(2) In cases not amounting to a violation of Section [
not operate or be in actual physical control of a motor vehicle within this state if the person has
any measurable controlled substance or metabolite of a controlled substance in the person's body.
(3) It is an affirmative defense to prosecution under this section that the controlled
substance was involuntarily ingested by the accused or prescribed by a practitioner for use by the
accused.
(4) A person convicted of a violation of Subsection (2) is guilty of a class B
misdemeanor.
(5) A peace officer may, without a warrant, arrest a person for a violation of this section
when the officer has probable cause to believe the violation has occurred, although not in the
officer's presence, and if the officer has probable cause to believe that the violation was
committed by the person.
(6) The Driver License Division shall:
(a) suspend, for 90 days, the driver license of a person convicted under Subsection (2);
(b) revoke, for one year, the driver license of a person convicted of a second or
subsequent offense under Subsection (2) or if the person has a prior conviction as defined under
Subsection [
after the date of the prior violation; and
(c) subtract from any suspension or revocation period the number of days for which a
license was previously suspended under Section 53-3-223 or 53-3-231 , if the previous suspension
was based on the same occurrence upon which the record of conviction is based.
(7) [
(i) complete all court ordered screening and assessment, educational series, and
substance abuse treatment[
(ii) pay all fines and fees, including fees for restitution and treatment costs[
(b) Upon receiving the notification, the division shall suspend the person's driving
privilege in accordance with Subsections 53-3-221 (2) and (3).
(8) The court shall order supervised probation in accordance with [
Section 74. Section 41-6a-518 , which is renumbered from Section 41-6-44.7 is
renumbered and amended to read:
[
-- Impecuniosity -- Fee.
(1) As used in this section:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Ignition interlock system" or "system" means a constant monitoring device or any
similar device certified by the commissioner that prevents a motor vehicle from being started
without first determining the driver's breath alcohol concentration.
(c) "Probation provider" means the supervisor and monitor of the ignition interlock
system required as a condition of probation [
with the court in accordance with Subsections [
(2) (a) In addition to any other penalties imposed under [
41-6a-503 and 41-6a-505 , and in addition to any requirements imposed as a condition of
probation, the court may require that any person who is convicted of violating Section [
41-6a-502 and who is granted probation may not operate a motor vehicle during the period of
probation unless that motor vehicle is equipped with a functioning, certified ignition interlock
system installed and calibrated so that the motor vehicle will not start if the operator's blood
alcohol concentration exceeds a level ordered by the court.
(b) If a person convicted of violating Section [
21 when the violation occurred, the court shall order the installation of the ignition interlock
system as a condition of probation.
(c) (i) If a person is convicted of a violation of Section [
years of a prior conviction [
order the installation of the ignition interlock system, at the person's expense, for all motor
vehicles registered to that person and all motor vehicles operated by that person for [
(ii) The division shall post the ignition interlock restriction on the electronic record
available to law enforcement.
(d) This section does not apply to a person convicted of a violation of Section [
41-6a-502 whose violation involves drugs other than alcohol.
(3) Except as provided in Subsection (2)(c), if the court imposes the use of an ignition
interlock system as a condition of probation, the court shall:
(a) stipulate on the record the requirement for and the period of the use of an ignition
interlock system;
(b) order that an ignition interlock system be installed on each motor vehicle owned or
operated by the probationer, at the probationer's expense;
(c) order the probationer to submit his driver license to the Driver License Division in
accordance with Subsection (5);
(d) immediately notify the Driver License Division and the person's probation provider
of the order; and
(e) require the probationer to provide proof of compliance with the court's order to the
probation provider within 30 days of the order.
(4) (a) The probationer shall provide timely proof of installation within 30 days of an
order imposing the use of a system or show cause why the order was not complied with to the
court or to the probationer's probation provider.
(b) The probation provider shall notify the court of failure to comply under Subsection
(4)(a).
(c) For failure to comply under Subsection (4)(a) or upon receiving the notification under
Subsection (4)(b), the court shall order the Driver License Division to suspend the probationer's
driving privileges for the remaining period during which the compliance was imposed.
(d) Cause for failure to comply means any reason the court finds sufficiently justifiable to
excuse the probationer's failure to comply with the court's order.
(5) (a) If use of an ignition interlock system is required under this section, the division
may not issue, reinstate, or renew the driver license of that person unless that requirement is
coded on the person's driver license.
(b) (i) If the division receives a notice that a person with a valid driver license that does
not require a driver license withdrawal is required to use an ignition interlock system, the
division shall notify the person that he has ten calendar days to apply to the division for an
ignition interlock system requirement coded on the license.
(ii) The division shall suspend the driver license of the person after the ten-day period
until the person applies to the division for an ignition interlock system requirement coded on the
license.
(6) (a) Any probationer required to install an ignition interlock system shall have the
system monitored by the manufacturer or dealer of the system for proper use and accuracy at least
semiannually and more frequently as the court may order.
(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
court or the person's probation provider.
(ii) The report shall be issued within 14 days following each monitoring.
(7) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
reasonable costs of leasing or buying and installing and maintaining the system.
(b) A probationer may not be excluded from this section for inability to pay the costs,
unless:
(i) the probationer files an affidavit of impecuniosity; and
(ii) the court enters a finding that the probationer is impecunious.
(c) In lieu of waiver of the entire amount of the cost, the court may direct the probationer
to make partial or installment payments of costs when appropriate.
(d) The ignition interlock provider shall cover the costs of waivers by the court under this
Subsection (7).
(8) (a) If a probationer is required in the course and scope of employment to operate a
motor vehicle owned by the probationer's employer, the probationer may operate that motor
vehicle [
system only if:
(i) the motor vehicle is used in the course and scope of employment;
(ii) the employer has been notified that the employee is restricted; and
(iii) the employee has proof of the notification in his possession while operating the
employer's motor vehicle.
(b) (i) To the extent that an employer-owned motor vehicle is made available to a
probationer subject to this section for personal use, no exemption under this section shall apply.
(ii) A probationer intending to operate an employer-owned motor vehicle for personal
use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
system shall notify the employer and obtain consent in writing from the employer to install a
system in the employer-owned motor vehicle.
(c) A motor vehicle owned by a business entity that is all or partly owned or controlled
by a probationer subject to this section is not a motor vehicle owned by the employer and does
not qualify for an exemption under this Subsection (8).
(9) Upon conviction for violation of this section, the court shall notify the Driver License
Division to immediately suspend the probationer's license to operate a motor vehicle for the
remainder of the period of probation.
(10) (a) It is a class B misdemeanor for a person to:
(i) circumvent or tamper with the operation of an ignition interlock system;
(ii) knowingly furnish a motor vehicle without an ignition interlock system to someone
who is not authorized to drive a motor vehicle unless the motor vehicle is equipped with an
ignition interlock system that is in working order;
(iii) rent, lease, or borrow a motor vehicle without an ignition interlock system if a
driving restriction is imposed under this section;
(iv) request another person to blow into an ignition interlock system, if the person is
required to have a system and the person requests or solicits another to blow into the system to
start the motor vehicle in order to circumvent the system;
(v) blow into an ignition interlock system or start a motor vehicle equipped with an
ignition interlock system for the purpose of providing an operable motor vehicle to another
person required to have a system;
(vi) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the
system has been certified by the commissioner and the manufacturer of the system has affixed a
warning label, as approved by the commissioner on the system, stating that the tampering,
circumventing, or other misuse of the system is a class B misdemeanor; or
(vii) operate a motor vehicle in violation of any ignition interlock restriction.
(b) This Subsection (10) does not apply if the starting of a motor vehicle, or the request
to start a motor vehicle, equipped with an ignition interlock system is done for the purpose of
safety or mechanical repair of the system or the motor vehicle and the person subject to the court
order does not drive the motor vehicle.
(11) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
the commissioner shall make rules setting standards for the certification of ignition interlock
systems.
(b) The standards shall require that the system:
(i) not impede the safe operation of the motor vehicle;
(ii) have features that make circumventing difficult and that do not interfere with the
normal use of the motor vehicle;
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
(iv) prevent the motor vehicle from being started if the driver's breath alcohol
concentration exceeds an ordered level;
(v) work accurately and reliably in an unsupervised environment;
(vi) resist tampering and give evidence if tampering is attempted;
(vii) operate reliably over the range of motor vehicle environments; and
(viii) be manufactured by a party who will provide liability insurance.
(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
independent laboratory tests relied upon in certification of ignition interlock systems by other
states.
(d) A list of certified systems shall be published by the commissioner and the cost of
certification shall be borne by the manufacturers or dealers of ignition interlock systems seeking
to sell, offer for sale, or lease the systems.
(e) (i) In accordance with Section 63-38-3.2 , the commissioner may establish an annual
dollar assessment against the manufacturers of ignition interlock systems distributed in the state
for the costs incurred in certifying.
(ii) The assessment under Subsection (11)(e)(i) shall be apportioned among the
manufacturers on a fair and reasonable basis.
(12) There shall be no liability on the part of, and no cause of action of any nature shall
arise against, the state or its employees in connection with the installation, use, operation,
maintenance, or supervision of an interlock ignition system as required under this section.
Section 75. Section 41-6a-519 , which is renumbered from Section 41-6-44.8 is
renumbered and amended to read:
[
for certain DUI offenses and driving while license is suspended or revoked.
The following class A misdemeanors may be prosecuted by attorneys of cities and
towns[
alleged violations:
(1) alleged class A misdemeanor violations of Section [
(2) alleged violations of Section 53-3-227 , which consist of the person operating a
vehicle while the person's driving privilege is suspended or revoked for:
(a) a violation of Section [
(b) a local ordinance which complies with the requirements of Section [
(c) a criminal prohibition that the person was charged with violating as a result of a plea
bargain after having been originally charged with violating one or more of [
ordinances identified in Subsection (2)(a) or (b).
Section 76. Section 41-6a-520 , which is renumbered from Section 41-6-44.10 is
renumbered and amended to read:
[
drug -- Number of tests -- Refusal -- Warning, report.
(1) (a) A person operating a motor vehicle in this state is considered to have given the
person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for
the purpose of determining whether the person was operating or in actual physical control of a
motor vehicle while:
(i) having a blood or breath alcohol content statutorily prohibited under Section
[
(ii) under the influence of alcohol, any drug, or combination of alcohol and any drug
under Section [
(iii) having any measurable controlled substance or metabolite of a controlled substance
in the person's body in violation of Section [
(b) A test or tests authorized under this Subsection (1) must be administered at the
direction of a peace officer having grounds to believe that person to have been operating or in
actual physical control of a motor vehicle while [
(1)(a)(i) through (iii).
[
many of them are administered.
(ii) If a peace officer requests more than one test, refusal by a person to take one or more
requested tests, even though the person does submit to any other requested test or tests, is a
refusal under this section.
[
test or tests of the person's breath, blood, or urine, or oral fluids may not select the test or tests to
be administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is
not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal,
civil, or administrative proceeding resulting from a person's refusal to submit to the requested
test or tests.
(2) (a) [
tests shall warn a person that refusal to submit to the test or tests may result in revocation of the
person's license to operate a motor vehicle if the person:
(i) has been placed under arrest;
(ii) has then been requested by a peace officer to submit to any one or more of the
chemical tests under Subsection (1)[
(iii) refuses to submit to any chemical test requested[
(b) (i) Following the warning under Subsection (2)(a), if the person does not immediately
request that the chemical test or tests as offered by a peace officer be administered, a peace
officer shall, on behalf of the Driver License Division and within 24 hours of the arrest, give
notice of the Driver License Division's intention to revoke the person's privilege or license to
operate a motor vehicle.
(ii) When a peace officer gives the notice on behalf of the Driver License Division, the
peace officer shall:
[
[
arrest; and
[
basic information regarding how to obtain a hearing before the Driver License Division.
(c) A citation issued by a peace officer may, if provided in a manner specified by the
Driver License Division, also serve as the temporary license certificate.
(d) As a matter of procedure, the peace officer shall submit a signed report, within ten
calendar days after the day on which notice is provided under Subsection (2)(b), that:
(i) the peace officer had grounds to believe the arrested person [
Subsections (1)(a)(i) through (iii); and
(ii) the person had refused to submit to a chemical test or tests under Subsection (1).
(3) Upon the request of the person who was tested, the results of the test or tests shall be
made available to the person.
(4) (a) The person to be tested may, at the person's own expense, have a physician of the
person's own choice administer a chemical test in addition to the test or tests administered at the
direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of the
results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or
tests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the direction
of a peace officer.
(5) For the purpose of determining whether to submit to a chemical test or tests, the
person to be tested does not have the right to consult an attorney or have an attorney, physician,
or other person present as a condition for the taking of any test.
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
Section 77. Section 41-6a-521 is enacted to read:
41-6a-521. Revocation hearing for refusal -- Appeal.
(1) (a) A person who has been notified of the Driver License Division's intention to
revoke the person's license under Section 41-6a-520 is entitled to a hearing.
(b) A request for the hearing shall be made in writing within ten calendar days after the
day on which notice is provided.
(c) Upon request in a manner specified by the Driver License Division, the Driver
License Division shall grant to the person an opportunity to be heard within 29 days after the date
of arrest.
(d) If the person does not make a request for a hearing before the Driver License Division
under this Subsection (1), the person's privilege to operate a motor vehicle in the state is revoked
beginning on the 30th day after the date of arrest for a period of:
(i) 18 months unless Subsection (1)(d)(ii) applies; or
(ii) 24 months if the person has had a previous:
(A) license sanction for an offense that occurred within the previous ten years from the
date of arrest under Section 41-6a-517 , 41-6a-520 , 53-3-223 , 53-3-231 , 53-3-232 , or Subsection
53-3-227 (4); or
(B) conviction for an offense that occurred within the previous ten years from the date of
arrest under Section 41-6a-502 or a statute previously in effect in this state that would constitute
a violation of Section 41-6a-502 .
(2) (a) Except as provided in Subsection (2)(b), if a hearing is requested by the person,
the hearing shall be conducted by the Driver License Division in the county in which the offense
occurred.
(b) The Driver License Division may hold a hearing in some other county if the Driver
License Division and the person both agree.
(3) The hearing shall be documented and shall cover the issues of:
(a) whether a peace officer had reasonable grounds to believe that a person was operating
a motor vehicle in violation of Section 41-6a-502 , 41-6a-517 , 53-3-231 , or Subsection
53-3-227 (4); and
(b) whether the person refused to submit to the test or tests under Section 41-6a-520 .
(4) (a) In connection with the hearing, the division or its authorized agent:
(i) may administer oaths and may issue subpoenas for the attendance of witnesses and the
production of relevant books and papers; and
(ii) shall issue subpoenas for the attendance of necessary peace officers.
(b) The Driver License Division shall pay witness fees and mileage from the
Transportation Fund in accordance with the rates established in Section 78-46-28 .
(5) (a) If after a hearing, the Driver License Division determines that the person was
requested to submit to a chemical test or tests and refused to submit to the test or tests, or if the
person fails to appear before the Driver License Division as required in the notice, the Driver
License Division shall revoke the person's license or permit to operate a motor vehicle in Utah
beginning on the date the hearing is held for a period of:
(i) 18 months unless Subsection (5)(a)(ii) applies; or
(ii) 24 months if the person has had a previous:
(A) license sanction for an offense that occurred within the previous ten years from the
date of arrest under Section 41-6a-517 , 41-6a-520 , 53-3-223 , 53-3-231 , 53-3-232 , or Subsection
53-3-227 (4); or
(B) conviction for an offense that occurred within the previous ten years from the date of
arrest under Section 41-6a-502 or a statute previously in effect in this state that would constitute
a violation of Section 41-6a-502 .
(b) The Driver License Division shall also assess against the person, in addition to any
fee imposed under Subsection 53-3-205 (13), a fee under Section 53-3-105 , which shall be paid
before the person's driving privilege is reinstated, to cover administrative costs.
(c) The fee shall be cancelled if the person obtains an unappealed court decision
following a proceeding allowed under Subsection (2) that the revocation was improper.
(6) (a) Any person whose license has been revoked by the Driver License Division under
this section may seek judicial review.
(b) Judicial review of an informal adjudicative proceeding is a trial.
(c) Venue is in the district court in the county in which the offense occurred.
Section 78. Section 41-6a-522 is enacted to read:
41-6a-522. Person incapable of refusal.
Any person who is dead, unconscious, or in any other condition rendering the person
incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn
the consent provided for in Subsection 41-6a-520 (1), and the test or tests may be administered
whether the person has been arrested or not.
Section 79. Section 41-6a-523 is enacted to read:
41-6a-523. Persons authorized to withdraw blood -- Immunity from liability.
(1) (a) Only a physician, registered nurse, practical nurse, or person authorized under
Section 26-1-30 , acting at the request of a peace officer, may withdraw blood to determine the
alcoholic or drug content.
(b) The limitation in Subsection (1)(a) does not apply to taking a urine, breath, or oral
fluid specimen.
(2) Any physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom
a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
facility at which the sample is drawn, is immune from any civil or criminal liability arising from
drawing the sample, if the test is administered according to standard medical practice.
Section 80. Section 41-6a-524 is enacted to read:
41-6a-524. Refusal as evidence.
If a person under arrest refuses to submit to a chemical test or tests or any additional test
under Section 41-6a-520 , evidence of any refusal is admissible in any civil or criminal action or
proceeding arising out of acts alleged to have been committed while the person was operating or
in actual physical control of a motor vehicle while:
(1) under the influence of:
(a) alcohol;
(b) any drug; or
(c) a combination of alcohol and any drug; or
(2) having any measurable controlled substance or metabolite of a controlled substance
in the person's body.
Section 81. Section 41-6a-525 , which is renumbered from Section 41-6-44.12 is
renumbered and amended to read:
[
(1) As used in this section, "health care provider" means a person licensed under:
(a) Title 58, Chapter 31b, Nurse Practice Act[
(b) Title 58, Chapter 67, Utah Medical Practice Act[
(c) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(2) A health care provider who is providing medical care to any person involved in a
motor vehicle crash may notify, as soon as reasonably possible, the nearest peace officer or law
enforcement agency if the health care provider has reason to believe, as a result of any test
performed in the course of medical treatment, that the:
(a) person's blood alcohol concentration meets or exceeds the limits under Subsection
[
(b) person is younger than 21 years of age and has any measurable blood, breath, or urine
alcohol concentration in the person's body; or
(c) person has any measurable controlled substance or metabolite of a controlled
substance in the person's body which could be a violation of Subsection [
41-6a-502 (1)(b) or Section [
(3) The report under Subsection (2) shall consist of the:
(a) name of the person being treated;
(b) date and time of the administration of the test; and
(c) results disclosed by the test.
(4) A health care provider participating in good faith in making a report or assisting an
investigator from a law enforcement agency pursuant to this section is immune from any liability,
civil or criminal, that otherwise might result by reason of those actions.
(5) A report under Subsection (2) may not be used to support a finding of probable cause
that a person who is not a driver of a vehicle has committed an offense.
Section 82. Section 41-6a-526 , which is renumbered from Section 41-6-44.20 is
renumbered and amended to read:
[
motor vehicle prohibited -- Definitions -- Exceptions.
(1) As used in this section:
(a) "Alcoholic beverage" has the same meaning as defined in Section 32A-1-105 .
(b) "Chartered bus" has the same meaning as defined in Section 32A-1-105 .
(c) "Limousine" has the same meaning as defined in Section 32A-1-105 .
(d) (i) "Passenger compartment" means the area of the vehicle normally occupied by the
operator and passengers.
(ii) "Passenger compartment" includes areas accessible to the operator and passengers
while traveling, including a utility or glove compartment.
(iii) "Passenger compartment" does not include a separate front or rear trunk
compartment or other area of the vehicle not accessible to the operator or passengers while inside
the vehicle.
[
or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any
highway.
[
possess, or transport in the passenger compartment of a motor vehicle, when the vehicle is on any
highway, any container which contains any alcoholic beverage if the container has been opened,
its seal broken, or the contents of the container partially consumed.
[
[
[
[
[
(4) Subsections [
(a) in the living quarters of a motor home or camper[
(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in
compliance with Subsections 32A-12-213 (3)(b) and (c); or
(c) in a motorboat or on the waters of this state as these terms are defined in Section
73-18-2 .
(5) Subsection [
bus.
[
[
Section 83. Section 41-6a-527 , which is renumbered from Section 41-6-44.30 is
renumbered and amended to read:
[
officers -- Impound requirements -- Removal of vehicle by owner.
(1) If a peace officer arrests or cites the operator of a vehicle for violating Section
[
ordinance similar to Section [
41-6a-510 (1), or 53-3-227 (4), the peace officer shall seize and impound the vehicle in
accordance with Section [
(2) If a registered owner of the vehicle, other than the operator, is present at the time of
arrest, the peace officer may release the vehicle to that registered owner, but only if:
(a) the registered owner:
(i) requests to remove the vehicle from the scene; and
(ii) presents to the peace officer sufficient identification to prove ownership of the
vehicle or motorboat;
(b) the registered owner identifies a driver with a valid operator's license who:
(i) complies with all restrictions of his operator's license; and
(ii) would not, in the judgment of the officer, be in violation of Section [
Section [
53-3-227 (4) if permitted to operate the vehicle; and
(c) the vehicle itself is legally operable.
(3) If necessary for transportation of a motorboat for impoundment under this section, the
motorboat's trailer may be used to transport the motorboat.
Section 84. Section 41-6a-528 , which is renumbered from Section 41-6-45 is
renumbered and amended to read:
[
(1) A person is guilty of reckless driving who operates a vehicle:
(a) in willful or wanton disregard for the safety of persons or property; or
(b) while committing three or more moving traffic violations under Title 41, Chapter [
6a, Traffic [
driving.
(2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
Section 85. Section 41-6a-601 , which is renumbered from Section 41-6-46 is
renumbered and amended to read:
[
certain locations -- Prima facie speed limits -- Emergency power of the governor.
(1) A person may not operate a vehicle at a speed greater than is reasonable and prudent
under the existing conditions, giving regard to the actual and potential hazards then existing,
including when:
(a) approaching and crossing an intersection or railroad grade crossing;
(b) approaching and going around a curve;
(c) approaching a hill crest;
(d) traveling upon any narrow or winding roadway; and
(e) [
weather, or highway conditions.
(2) [
(4) and Sections [
lawful:
(a) 20 miles per hour in a reduced speed school zone as defined in Section [
41-6a-303 ;
(b) 25 miles per hour in any urban district; and
(c) 55 miles per hour in other locations.
(3) Except as provided in Section [
limits provided in this section or established under [
41-6a-602 and 41-6a-603 is prima facie evidence that the speed is not reasonable or prudent and
that it is unlawful.
(4) The governor by proclamation in time of war or emergency may change the speed
limits on the highways of the state.
Section 86. Section 41-6a-602 , which is renumbered from Section 41-6-47 is
renumbered and amended to read:
[
(1) (a) The Department of Transportation may determine the reasonable and safe speed
limit for each highway or section of highway under its jurisdiction.
(b) Each speed limit shall be based on traffic engineering and safety studies for each
highway or section of the highway [
(c) The traffic engineering and safety studies shall include:
[
[
[
[
[
(2) In addition to the provisions of Subsection (1), the Department of Transportation may
establish different speed limits on a highway or section of highway based on:
(a) time of day[
(b) highway construction[
(c) type of vehicle[
(d) weather conditions[
(e) other highway safety factors.
(3) (a) [
65 miles per hour [
(b) A posted speed limit on a freeway or other limited access highways [
exceed 75 miles per hour.
[
(1) and (2).
(4) When establishing or changing a speed limit, the Department of Transportation shall
consult with the following entities prior to erecting or changing a speed limit sign:
(a) the county [
(b) the municipality [
the [
[
(d) the Transportation Commission.
(5) The speed limit is effective when appropriate signs giving notice are erected along
the highway or section of the highway.
Section 87. Section 41-6a-603 , which is renumbered from Section 41-6-48 is
renumbered and amended to read:
[
(1) A county or municipality may determine the reasonable and safe speed limit for each
highway or section of highway under its jurisdiction as specified under Title 72, Chapter 3,
Highway Jurisdiction and Classification Act.
(2) Each speed limit shall be established in accordance with the provisions of [
[
Section 88. Section 41-6a-604 , which is renumbered from Section 41-6-48.5 is
renumbered and amended to read:
[
fines -- Compensatory service -- Waiver -- Recordkeeping.
(1) A person may not operate a vehicle at a speed greater than 20 miles per hour in a
reduced speed school zone as defined in Section [
(2) (a) A violation of [
minimum fine:
(i) for a first offense shall be calculated according to the following schedule:
Vehicle Speed Minimum Fine
21 - 29 MPH $ 50
30 - 39 MPH $ 125
40 MPH and greater $ 275
(ii) for a second and subsequent offense within three years of a previous conviction or
bail forfeiture shall be calculated according to the following schedule:
Vehicle Speed Minimum Fine
21 - 29 MPH $ 50
30 - 39 MPH $ 225
40 MPH and greater $ 525
(b) (i) Except as provided under Subsection (2)(a)(ii), the court may order the person to
perform compensatory service in lieu of the fine or any portion of the fine.
(ii) The court shall order the person to perform compensatory service observing a
crossing guard if the conviction is for a:
(A) first offense with a vehicle speed of 30 miles per hour or more; or
(B) second and subsequent offense within three years of a previous conviction or bail
forfeiture.
(iii) The court may waive the compensatory service required under Subsection (2)(b)(ii)
if the court makes the reasons for the waiver part of the record.
(3) The Driver License Division shall develop and implement a record system to
distinguish:
(a) a conviction or bail forfeiture under this section from other convictions; and
(b) between a first and subsequent conviction or bail forfeiture under this section.
(4) The provisions of this section take precedence over the provisions of Sections
[
Section 89. Section 41-6a-605 , which is renumbered from Section 41-6-49 is
renumbered and amended to read:
[
(1) A person may not operate a motor vehicle at a speed so slow as to impede or block
the normal and reasonable movement of traffic except when:
(a) a reduced speed is necessary for safe operation;
(b) upon a grade; or
(c) in compliance with [
(2) Operating a motor vehicle on a [
[
the adjacent right lane [
(3) (a) [
investigation, a highway authority determines that slow speeds on any part of a highway under its
jurisdiction consistently impede the normal and reasonable movement of traffic, the [
minimum speed limit [
(b) If a minimum speed limit is posted under this Subsection (3), a person may not
operate a vehicle at a speed below the posted minimum speed limit except:
(i) when necessary for safe operation[
(ii) in accordance with Section 41-6a-205 .
(c) The minimum speed limit is effective when appropriate signs giving notice are
erected along the highway or section of the highway.
Section 90. Section 41-6a-606 , which is renumbered from Section 41-6-51 is
renumbered and amended to read:
[
obstruction.
(1) A person may not:
(a) engage in any motor vehicle speed contest or exhibition of speed on a highway; or
(b) aid or abet in any motor vehicle speed contest or exhibition on any highway.
(2) A person may not, [
obstruction or assist or participate in placing any barricade or obstruction upon any highway for
any purpose prohibited under Subsection (1).
Section 91. Section 41-6a-607 , which is renumbered from Section 41-6-52 is
renumbered and amended to read:
[
(1) [
specify the:
(a) speed at which the defendant is alleged to have operated a vehicle[
(b) speed limit applicable to the section of the highway where the violation is alleged to
have occurred.
(2) The provisions of this [
relieve the plaintiff in any civil action from the burden of proving negligence on the part of the
defendant as the proximate cause of an accident.
Section 92. Section 41-6a-608 , which is renumbered from Section 41-6-52.5 is
renumbered and amended to read:
[
(1) "Photo radar" means a device used primarily for highway speed limit enforcement
substantially consisting of a low power doppler radar unit and camera mounted in or on a vehicle,
which automatically produces a photograph of a vehicle traveling in excess of the legal speed
limit, with the vehicle's speed, the date, time of day, and location of the violation printed on the
photograph.
(2) Photo radar may not be used except:
(a) (i) in school zones; or
(ii) in other areas that have a posted speed limit of 30 miles per hour or less;
(b) when a peace officer is present with the photo radar unit;
(c) when signs are posted on the highway providing notice to a motorist that photo radar
may be used;
(d) when use of photo radar by a local highway authority is approved by the local
highway authority's governing body; and
(e) when the citation is accompanied by the photograph produced by photo radar.
(3) The restrictions under Subsection (2) on the use of photo radar do not apply when the
information gathered is used for highway safety research or to issue warning citations not
involving a fine, court appearance, or a person's driving record.
(4) A contract or agreement regarding the purchase, lease, rental, or use of photo radar by
the department or by a local highway authority may not specify any condition for issuing a
citation.
(5) The department and any local highway authority using photo radar, upon request,
shall make the following information available for public inspection during regular office hours:
(a) the terms of any contract regarding the purchase, lease, rental, or use of photo radar;
(b) the total fine revenue generated by using photo radar;
(c) the number of citations issued by the use of photo radar; and
(d) the amount paid to the person providing the photo radar unit.
(6) A moving traffic violation obtained through the use of photo radar is not a reportable
violation as defined under Section 53-3-102 , and points may not be assessed against a person for
the violation.
Section 93. Section 41-6a-609 , which is renumbered from Section 41-6-52.7 is
renumbered and amended to read:
[
Defense -- Exceptions -- Penalties.
(1) As used in this section, "radar jamming device" means any instrument or mechanism
designed or intended to interfere with the radar or any laser that is used by law enforcement
personnel to measure the speed of a motor vehicle on a highway.
(2) (a) A person may not operate a motor vehicle on a highway with a radar jamming
device in the motor vehicle.
(b) A person may not knowingly use a radar jamming device to interfere with the radar
signals or lasers used by law enforcement personnel to measure the speed of a motor vehicle on a
highway.
(3) It is an affirmative defense to a charge under Subsection (2)(a) that the radar jamming
device was in an inoperative condition or could not be readily used at the time of the arrest or
citation.
(4) This section does not apply to law enforcement personnel acting in their official
capacity.
(5) A person who violates this section is guilty of a class C misdemeanor.
Section 94. Section 41-6a-701 , which is renumbered from Section 41-6-53 is
renumbered and amended to read:
[
Exceptions.
(1) On all roadways of sufficient width, a person operating a vehicle shall [
(a) when overtaking and passing another vehicle proceeding in the same direction under
the rules governing that movement;
(b) when an obstruction requires operating the vehicle to the left of the center of the
roadway[
(c) on a roadway divided into three marked lanes for traffic under the applicable rules; or
(d) on a roadway designed and signposted for one-way traffic.
[
(2) A person operating a vehicle shall yield the right-of-way to a vehicle:
(a) traveling in the proper direction on a roadway; and
(b) that is within a distance constituting an immediate hazard.
(3) A person operating a vehicle on a roadway at less than the normal speed of traffic
[
available for traffic, or as close as practicable to the right-hand curb or edge of the roadway,
except when:
(a) overtaking and passing another vehicle proceeding in the same direction [
(b) preparing [
(c) taking a different highway or an exit on the left.
Section 95. Section 41-6a-702 , which is renumbered from Section 41-6-53.5 is
renumbered and amended to read:
[
restrictions -- Penalties.
(1) As used in this section and Section [
means a highway lane open to vehicular traffic but does not include [
(a) high occupancy vehicle (HOV) lane; or
(b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
off-ramp.
(2) On a [
same direction, a person may not operate a vehicle in the left most general purpose lane if the
person's:
(a) vehicle is drawing a trailer or semitrailer regardless of size; or
(b) vehicle or combination of [
more pounds.
(3) Subsection (2) does not apply to a person operating a vehicle who is:
(a) preparing to turn left or taking a different highway split or an exit on the left;
(b) responding to emergency conditions;
(c) avoiding actual or potential traffic moving onto the highway from an acceleration or
merging lane; or
(d) following direction signs that direct use of a designated lane.
(4) (a) [
designate a specific lane or lanes of travel for any type of vehicle on a highway or portion of a
highway under [
(i) safety of the public;
(ii) efficient maintenance of a highway; or
(iii) use of high occupancy vehicles.
(b) The lane designation under Subsection (4)(a) is effective when appropriate signs
giving notice are erected on the highway or portion of the highway.
(5) The lane designation under Subsection (4)(a) shall allow a vehicle with clean fuel
special group license plates to travel in lanes designated for the use of high occupancy vehicles
regardless of the number of occupants.
(6) A person who operates a vehicle in violation of Subsection (2) or in violation of the
restrictions made under Subsection (4) is guilty of a class C misdemeanor.
Section 96. Section 41-6a-703 , which is renumbered from Section 41-6-54 is
renumbered and amended to read:
[
[
(1) In accordance with Section 41-6a-701 , a person operating a vehicle proceeding in an
opposite [
right.
(2) On [
direction, [
[
Section 97. Section 41-6a-704 , which is renumbered from Section 41-6-55 is
renumbered and amended to read:
[
direction.
(1) On any highway:
(a) the operator of a vehicle overtaking another vehicle proceeding in the same direction:
(i) shall, except as provided under Section [
vehicle on the left at a safe distance; and
(ii) may not drive to the right side of the roadway until safely clear of the overtaken
vehicle;
(b) the operator of an overtaken vehicle:
(i) shall give way to the right in favor of the overtaking vehicle; and
(ii) may not increase the speed of the vehicle until completely passed by the overtaking
vehicle.
(2) On a highway having more than one lane in the same direction, the operator of a
vehicle traveling in [
(a) shall, upon being overtaken by another vehicle in the same lane, yield to the
overtaking vehicle by moving safely to a lane to the right; and
(b) may not impede the movement or free flow of traffic in [
lane [
(3) The provisions of Subsection (2) do not apply to an operator of a vehicle traveling in
the left general purpose lane when:
[
accordance with Subsection (1)(a);
[
left;
[
[
acceleration or merging lane; or
[
directs the use of a designated lane.
Section 98. Section 41-6a-705 , which is renumbered from Section 41-6-56 is
renumbered and amended to read:
[
(1) The operator of a vehicle may overtake and pass [
vehicle only:
(a) when the vehicle overtaken is making or preparing to make a left turn; or
(b) [
lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle[
[
(2) The operator of a vehicle may overtake and pass another vehicle [
only under conditions permitting the movement with safety. [
(3) The operator of a vehicle may not overtake and pass another vehicle if the movement
[
Section 99. Section 41-6a-706 , which is renumbered from Section 41-6-57 is
renumbered and amended to read:
[
(1) [
two-way highway, a person may not operate a vehicle to the left side of the center of the roadway
[
left side is:
(a) clearly visible; and [
(b) free of oncoming traffic for a sufficient distance [
the passing movement to be completed without interfering with the operation of any vehicle
approaching from the opposite direction [
Subsection (2).
[
[
authorized lane of travel:
(a) as soon as practical[
(b) if the passing movement involves the use of a lane authorized for vehicles
approaching in the opposite direction, before coming within 200 feet of any vehicle approaching
from the opposite direction.
Section 100. Section 41-6a-707 , which is renumbered from Section 41-6-58 is
renumbered and amended to read:
[
(1) A [
the roadway:
(a) when approaching or on a crest of a grade or a curve on the highway where the
[
vehicle [
(b) when approaching within 100 feet of or traversing any intersection or railroad grade
crossing unless otherwise indicated by [
officer; or
(c) when the view is obstructed [
viaduct, or tunnel.
(2) [
(a) on a one-way roadway[
(b) under the conditions described in Subsection [
(c) to a person operating a vehicle turning left onto or from an alley, private road, or
driveway.
Section 101. Section 41-6a-708 , which is renumbered from Section 41-6-59 is
renumbered and amended to read:
[
Exceptions.
[
[
(1) (a) A highway authority may designate no-passing zones on any portion of a highway
under its jurisdiction if the highway authority determines passing is especially hazardous.
(b) A highway authority shall designate a no-passing zone under Subsection (1)(a) by
placing appropriate traffic-control devices on the highway.
(2) [
(a) the roadway within the no-passing zone; or [
(b) any pavement striping designed to mark the no-passing zone [
(3) [
(a) under the conditions described under Subsection [
(b) to a person operating a vehicle turning left onto or from an alley, private road, or
driveway.
Section 102. Section 41-6a-709 , which is renumbered from Section 41-6-60 is
renumbered and amended to read:
[
(1) [
designate any highway, roadway, part of a roadway, or specific lanes under [
for one direction [
[
(2) On a roadway designated for one-way traffic, a person operating a vehicle shall [
(3) A [
vehicle in a roundabout shall operate the vehicle only to the right of the roundabout island.
Section 103. Section 41-6a-710 , which is renumbered from Section 41-6-61 is
renumbered and amended to read:
[
Traffic-control devices.
On a roadway divided into two or more clearly marked lanes for traffic the following
provisions apply:
(1) A person operating a vehicle:
(a) shall keep the vehicle as nearly as practical entirely within a single lane; and
(b) may not move the vehicle from the lane until the operator has determined the
movement can be made safely.
(2) On a roadway divided into three or more lanes and providing for two-way movement
of traffic, a person operating a vehicle may not drive in the center lane except:
(a) when overtaking and passing another vehicle traveling in the same direction, and
when the center lane is:
(i) clear of traffic within a safe distance; and
(ii) not a two-way left turn lane;
(b) in preparation of making or completing a left turn in compliance with Section
[
(c) where the center lane is allocated exclusively to traffic moving in the same direction
that the vehicle is proceeding [
traffic-control devices.
(3) (a) [
directing specified traffic to use a designated lane or designating those lanes to be used by traffic
moving in a particular direction regardless of the center of the roadway.
(b) An operator of a vehicle shall obey the directions of [
[
Section 104. Section 41-6a-711 , which is renumbered from Section 41-6-62 is
renumbered and amended to read:
[
(1) The operator of a vehicle:
(a) may not follow another vehicle more closely than is reasonable and prudent, having
regard for the:
(i) speed of the vehicles;
(ii) traffic upon the highway; and
(iii) condition of the highway; and
(b) shall allow sufficient space in front of the vehicle to enable any other vehicle to enter
and occupy the space.
(2) Subsection (1)(b) does not apply to funeral processions or to congested traffic
conditions resulting in prevailing vehicle speeds of less than 35 miles per hour.
Section 105. Section 41-6a-712 , which is renumbered from Section 41-6-63.10 is
renumbered and amended to read:
[
Crossing only where permitted.
(1) A person operating a vehicle [
roadway unless directed or permitted to use another roadway by [
[
(2) A person operating a vehicle may not [
or within any dividing space, median, or barrier of a divided highway, except where authorized
by [
Section 106. Section 41-6a-713 , which is renumbered from Section 41-6-63.30 is
renumbered and amended to read:
[
gore or island prohibited -- Exceptions -- Penalties.
[
[
[
[
[
[
[
[
area or an island.
(b) Subsection [
(i) a person operating a vehicle that is disabled; or
(ii) an operator of an authorized emergency vehicle under conditions described under
Section [
[
Section 107. Section 41-6a-714 , which is renumbered from Section 41-6-64 is
renumbered and amended to read:
[
and from highways where permitted.
A person may not operate a vehicle onto or from any freeway or other controlled-access
highway except at entrances and exits established by [
jurisdiction over the highway.
Section 108. Section 41-6a-715 , which is renumbered from Section 41-6-65 is
renumbered and amended to read:
[
kind of traffic -- Traffic-control devices.
(1) [
regulate or prohibit the use of any controlled-access [
respective [
incompatible with the normal and safe movement of traffic.
(2) The [
erect and maintain [
the regulations or prohibitions are applicable.
Section 109. Section 41-6a-801 , which is renumbered from Section 41-6-66 is
renumbered and amended to read:
[
The operator of a vehicle shall make turns as follows:
(1) Right turns: both a right turn and an approach for a right turn shall be made as close
as practical to the right-hand curb or edge of the roadway.
(2) Left turns:
(a) the operator of a vehicle intending to turn left shall approach the turn from the
extreme left-hand lane for traffic moving in the same direction;
(b) whenever practicable, shall be made by turning onto the roadway being entered in the
extreme left-hand lane for traffic moving in the new direction, unless otherwise directed by [
(c) may be made on a highway across solid double yellow line pavement markings
indicating a two-direction, no-passing zone.
(3) Two-way left turn lanes: [
(a) where a two-way left turn lane is provided, a left turn may not be made from any
other lane;
(b) a vehicle may not be driven in the two-way left turn lane except when preparing for
or making:
(i) a left turn from or into the roadway; or
(ii) a U-turn except when prohibited by [
(c) (i) except as provided under Subsection (3)(c)(ii), the operator of a vehicle intending
to turn left may not enter a two-way left turn lane more than 500 feet prior to making the turn;
(ii) if traffic in the two-way left turn lane extends beyond 500 feet, the operator of a
vehicle intending to turn left may enter the two-way left turn lane immediately upon reaching the
last vehicle in the two-way left turn lane;
(d) the operator of a vehicle that has turned left into the two-way left turn lane may not
travel in the lane more than 500 feet unless the operator intends to turn left and Subsection
(3)(c)(ii) applies; and
(e) the operator of a vehicle may not travel straight through an intersection in a two-way
left turn lane.
(4) (a) [
to the provisions of this section by erecting traffic-control devices [
directing a different course [
(b) The operator of a vehicle may not turn a vehicle [
violation of a traffic-control [
Section 110. Section 41-6a-802 , which is renumbered from Section 41-6-67 is
renumbered and amended to read:
[
The operator of a vehicle may not make a U-turn or turn the vehicle to proceed in the
opposite direction:
(1) unless the movement can be made safely and without interfering with other traffic; or
(2) on any curve, or upon the approach to, or near the crest of a grade, if the vehicle is
not visible at a distance of 500 feet by the operator of any other vehicle approaching from either
direction.
Section 111. Section 41-6a-803 , which is renumbered from Section 41-6-68 is
renumbered and amended to read:
[
A person may not move a vehicle which is stopped, standing, or parked until the
movement may be made with reasonable safety.
Section 112. Section 41-6a-804 , which is renumbered from Section 41-6-69 is
renumbered and amended to read:
[
or sudden decrease in speed -- Signal flashing -- Where prohibited.
(1) (a) A person may not turn a vehicle or move right or left [
change lanes until:
(i) the movement can be made with reasonable safety; and
(ii) an appropriate signal has been given as provided under this section.
(b) A signal of intention to turn right or left or to change lanes shall be given
continuously for at least the last three seconds preceding the beginning of the [
movement.
(2) A person may not stop or suddenly decrease the speed of a vehicle without first
giving an appropriate signal to the operator of any vehicle immediately to the rear when there is
opportunity to give a signal.
[
(3) (a) A stop or turn signal when required shall be given either by the hand and arm or
by signal lamps.
(b) If hand and arm signals are used, a person operating a vehicle shall give the required
hand and arm signals from the left side of the vehicle as follows:
(i) Left turn: hand and arm extended horizontally;
(ii) Right turn: hand and arm extended upward; and
(iii) Stop or decrease speed: hand and arm extended downward.
(c) (i) A person operating a bicycle or device propelled by human power may give the
required hand and arm signals for a right turn by extending the right hand and arm horizontally to
the right.
(ii) This Subsection (3)(c) is an exception to the provision of Subsection (3)(b)(ii).
(4) A person required to make a signal under this section may not flash a signal:
(a) on one side only on a disabled vehicle[
(b) as a courtesy or "do pass" to operators of other vehicles approaching from the rear[
(c) on one side only of a parked vehicle [
Section 113. Section 41-6a-901 , which is renumbered from Section 41-6-72 is
renumbered and amended to read:
[
(1) The operator of a vehicle approaching an intersection not regulated by [
traffic-control device shall yield the right-of-way to any vehicle that has entered the intersection
from a different highway.
(2) Except as specified in [
directed by a peace officer, the operator of the vehicle on the left shall yield the right-of-way to
the vehicle on the right when:
(a) more than one vehicle enters or approaches an intersection from different highways at
approximately the same time; and
(b) the intersection:
[
[
[
(3) The operator of a vehicle approaching an intersection not regulated by [
traffic-control device[
(a) from a highway that does not continue beyond the intersection, shall yield the
right-of-way to the operator of any vehicle on the intersecting highway[
(b) from a highway that is not paved, shall yield the right-of-way to the operator of any
vehicle on a paved intersecting highway.
Section 114. Section 41-6a-902 , which is renumbered from Section 41-6-72.10 is
renumbered and amended to read:
[
Collisions at intersections or junctions of roadways -- Evidence.
(1) Preferential right-of-way may be indicated by stop signs or yield signs under Section
[
(2) (a) Except when directed to proceed by a peace officer, every operator of a vehicle
approaching a stop sign shall stop:
(i) at a clearly marked stop line[
(ii) before entering the crosswalk on the near side of the intersection[
if there is not a clearly marked stop line; or
(iii) at a point nearest the intersecting roadway where the operator has a view of
approaching traffic on the intersecting roadway before entering it if there is not a clearly marked
stop line or a crosswalk.
(b) After having stopped at a stop sign, the operator of a vehicle shall yield the
right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to
constitute an immediate hazard [
(c) The operator of a vehicle approaching a stop sign shall yield the right-of-way to
pedestrians within an adjacent crosswalk.
(3) (a) The operator of a vehicle approaching a yield sign shall:
(i) slow down to a speed reasonable for the existing conditions; and
(ii) if required for safety, [
(b) (i) After slowing or stopping at a yield sign, the operator of a vehicle shall yield the
right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to
constitute an immediate hazard during the time the operator is moving across or within the
intersection or junction of roadways.
(ii) The operator of a vehicle approaching a yield sign shall yield to pedestrians within an
adjacent crosswalk. [
(4) (a) A collision is prima facie evidence of an operator's failure to yield the
right-of-way after passing a yield sign without stopping if the operator is involved in a collision:
(i) with a vehicle in the intersection or junction of roadways; or
(ii) with a pedestrian at an adjacent crosswalk[
(b) A collision under Subsection (4)(a) is not considered negligence per se in
determining liability for the accident.
Section 115. Section 41-6a-903 , which is renumbered from Section 41-6-73 is
renumbered and amended to read:
[
crossing highway other than from another roadway -- Merging lanes.
The operator of a vehicle:
(1) intending to turn to the left shall yield the right-of-way to any vehicle approaching
from the opposite direction which is so close to the turning vehicle as to constitute an immediate
hazard[
(2) about to enter or cross a highway from any place other than another highway shall
yield the right-of-way to all vehicles approaching on the highway to be entered or crossed; and
(3) traveling in a lane that is about to merge into a continuing lane, shall yield the
right-of-way to all vehicles traveling in the continuing lane and which are so close as to be an
immediate hazard.
Section 116. Section 41-6a-904 , which is renumbered from Section 41-6-76 is
renumbered and amended to read:
[
Stationary emergency vehicle -- Duties of respective operators.
(1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon the
immediate approach of an authorized emergency vehicle using audible or visual signals under
Section [
(a) yield the right-of-way and immediately move to a position parallel to, and as close as
possible to, the right-hand edge or curb of the highway, clear of any intersection; and
(b) then stop and remain [
passed.
(2) The operator of a vehicle, upon approaching a stationary authorized emergency
vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
(a) reduce the speed of the vehicle;
(b) provide as much space as practical to the stationary authorized emergency vehicle;
and
(c) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
practical, with due regard to safety and traffic conditions, make a lane change into a lane not
adjacent to the authorized emergency vehicle.
(3) The operator of a vehicle, upon approaching a stationary tow truck or highway
maintenance vehicle that is displaying flashing amber lights, shall:
(a) reduce the speed of the vehicle; and
(b) provide as much space as practical to the stationary tow truck or highway
maintenance vehicle.
(4) This section does not relieve the operator of an authorized emergency vehicle, tow
truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
persons using the highway.
Section 117. Section 41-6a-905 , which is renumbered from Section 41-6-76.10 is
renumbered and amended to read:
[
Right-of-way.
The operator of a vehicle shall yield the right-of-way to [
(1) authorized vehicle or pedestrian actually engaged in work [
within [
[
(2) authorized vehicle obviously and actually engaged in work [
the vehicle displays lights [
[
Section 118. Section 41-6a-906 , which is renumbered from Section 41-6-99 is
renumbered and amended to read:
[
and traffic-control devices -- Designation of intersections as locations for preferential
right-of-way treatment.
[
its jurisdiction, may erect and maintain stop signs, yield signs, or other [
devices to designate:
(1) through highways[
(2) intersections or other roadway junctions at which vehicular traffic on one or more of
the roadways should yield or stop and yield before entering the intersection or junction.
Section 119. Section 41-6a-1001 , which is renumbered from Section 41-6-77 is
renumbered and amended to read:
[
controls.
(1) A pedestrian shall obey the instructions of [
specifically applicable to [
(2) [
under Sections [
Section 120. Section 41-6a-1002 , which is renumbered from Section 41-6-78 is
renumbered and amended to read:
[
(1) (a) Except as provided under Subsection (2), when traffic-control signals are not in
place or not in operation, the operator of a vehicle shall yield the right-of-way[
down or stopping if necessary [
(i) to a pedestrian crossing the roadway within a crosswalk when the pedestrian is [
on the half of the roadway upon which the vehicle is traveling[
(ii) when the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger. [
(b) Subsection (1)(a) does not apply under conditions of Subsection [
41-6a-1003 (2).
[
run into the path of a vehicle which is so close as to constitute an immediate hazard.
(2) The operator of a vehicle approaching a school crosswalk shall come to a complete
stop at the school crosswalk if:
(a) a school speed limit sign has the warning lights operating; and
(b) the crosswalk is occupied by [
(3) If a vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the roadway, the operator of any other vehicle
approaching from the rear may not overtake and pass the stopped vehicle.
Section 121. Section 41-6a-1003 , which is renumbered from Section 41-6-79 is
renumbered and amended to read:
[
pedestrians.
(1) A pedestrian crossing a roadway at any point other than within a marked crosswalk or
within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the
roadway.
(2) A pedestrian crossing a roadway at a point where there is a pedestrian tunnel or
overhead pedestrian crossing shall yield the right-of-way to all vehicles [
(3) Between adjacent intersections at which traffic-control signals are in operation,
[
(4) (a) A pedestrian may not cross a roadway intersection diagonally unless authorized by
[
(b) If a pedestrian is authorized to cross diagonally[
pedestrian shall cross only as directed by the appropriate [
device.
Section 122. Section 41-6a-1004 , which is renumbered from Section 41-6-79.10 is
renumbered and amended to read:
[
operator -- Pedestrian to yield.
(1) [
upon the immediate approach of an authorized emergency vehicle using audible or visual signals
[
41-6a-212 or 41-6a-1625 .
(2) This section does not relieve the operator of an authorized emergency vehicle from:
(a) the duty to drive with regard for the safety of all persons using the highway[
(b) from the duty to exercise care to avoid colliding with [
Section 123. Section 41-6a-1005 , which is renumbered from Section 41-6-79.20 is
renumbered and amended to read:
[
prohibited.
A pedestrian may not pass through, around, over, under, or remain [
crossing gate or barrier at a railroad crossing or bridge while the gate or barrier is closed or is
being opened or closed.
Section 124. Section 41-6a-1006 , which is renumbered from Section 41-6-80 is
renumbered and amended to read:
[
Audible signals and caution.
(1) The operator of a vehicle shall:
(a) exercise care to avoid colliding with [
(b) give an audible signal when necessary; and
(c) exercise appropriate precaution [
observes a child or [
(2) This section supersedes any conflicting provision of:
(a) this chapter; or [
(b) a local ordinance in accordance with Section 41-6a-208 .
Section 125. Section 41-6a-1007 , which is renumbered from Section 41-6-80.1 is
renumbered and amended to read:
[
Duties of blind pedestrian -- Use of cane -- Failure to yield -- Liability.
(1) (a) The operator of a vehicle shall yield the right-of-way to [
impaired pedestrian:
(i) carrying a clearly visible white cane; or
(ii) accompanied by a guide dog specially trained for that purpose and equipped with a
harness.
(b) [
right-of-way is liable for any loss or damage which results as a proximate cause of the failure to
yield the right-of-way to blind or visually impaired persons[
(ii) Blind or visually impaired persons shall:
(A) exercise due care in approaching and crossing roadways; and [
(B) yield the right-of-way to authorized emergency vehicles giving an audible warning
signal.
(2) A pedestrian other than a blind or visually impaired person may not carry a cane as
described in Subsection (1).
Section 126. Section 41-6a-1008 , which is renumbered from Section 41-6-80.5 is
renumbered and amended to read:
[
The operator of a vehicle crossing a sidewalk shall yield the right-of-way to any
pedestrian and all other traffic on the sidewalk.
Section 127. Section 41-6a-1009 , which is renumbered from Section 41-6-82 is
renumbered and amended to read:
[
(1) Where there is a sidewalk provided and its use is practicable, a pedestrian may not
walk along [
(2) Where a sidewalk is not provided, a pedestrian walking along [
highway shall walk only on [
(3) Where [
or [
(a) walk as near as practicable to [
(b) if on a two-way roadway, [
traffic.
(4) A person may not sit, stand, or loiter [
soliciting from the occupant of [
(a) a ride[
(b) contributions[
(c) employment[
(d) the parking, watching, or guarding of a vehicle[
(e) other business.
(5) A pedestrian who is under the influence of alcohol or any drug to a degree which
renders [
sidewalk or sidewalk area.
(6) Except as otherwise provided in this chapter, a pedestrian [
yield the right-of-way to all vehicles [
Section 128. Section 41-6a-1010 , which is renumbered from Section 41-6-82.10 is
renumbered and amended to read:
[
pedestrian.
[
(1) A highway authority in its respective jurisdiction may, after an engineering and traffic
investigation, designate unmarked crosswalk locations where:
(a) pedestrian crossing is prohibited; or [
(b) pedestrians shall yield the right-of-way to vehicles.
(2) The restrictions in Subsection (1) are effective only when [
devices indicating the restrictions are in place.
Section 129. Section 41-6a-1011 , which is renumbered from Section 41-6-82.50 is
renumbered and amended to read:
[
(1) As used in this section:
(a) (i) "Pedestrian vehicle" means [
manufactured, and intended for the exclusive use of [
disability[
(ii) A "pedestrian vehicle" may not:
[
[
with more than 12 brake horsepower; and
[
(b) "Physical disability" means any bodily impairment which precludes a person from
walking or otherwise moving about as a pedestrian.
(2) (a) A pedestrian vehicle operated by a physically disabled person is exempt from
vehicle registration, inspection, and operator license requirements.
(b) Authority to operate a pedestrian vehicle on public highways or sidewalks shall be
granted according to rules promulgated by the commissioner of public safety.
(3) (a) A physically disabled person may operate a pedestrian vehicle with a motor of not
more than .5 brake horsepower capable of developing a speed of not more than eight miles per
hour [
(i) on the sidewalk; and
(ii) in all places where pedestrians are allowed. [
(b) A permit, license, registration, authority, application, or restriction may not be
required or imposed [
this Subsection (3).
(c) The provisions of this Subsection (3) supercede the provision of Subsection (2)(b).
Section 130. Section 41-6a-1101 , which is renumbered from Section 41-6-83 is
renumbered and amended to read:
[
violation of chapter.
The parent or guardian of [
to violate any of the provisions of this chapter.
Section 131. Section 41-6a-1102 , which is renumbered from Section 41-6-84 is
renumbered and amended to read:
[
moped riders subject to chapter -- Exception.
(1) Except as provided under Subsection (2) or as otherwise specified under this [
part, a person operating a bicycle [
moped has all the rights and is subject to the provisions of this chapter applicable to the operator
of any other vehicle.
(2) A person operating a nonmotorized bicycle or [
human power is not subject to the penalties related to operator licenses under alcohol and
drug-related traffic offenses.
Section 132. Section 41-6a-1103 , which is renumbered from Section 41-6-85 is
renumbered and amended to read:
[
Exception.
[
carry more persons at one time than the number for which it is designed or equipped[
(2) An adult rider may carry a child securely attached to [
back pack or sling.
Section 133. Section 41-6a-1104 , which is renumbered from Section 41-6-86 is
renumbered and amended to read:
[
attach to moving vehicles -- Exception.
(1) A person riding a bicycle, moped, coaster, skate board, roller skates, sled, or toy
vehicle may not attach it or [
(2) This section does not prohibit attaching a trailer or semitrailer to a bicycle or moped
if that trailer or semitrailer has been designed for attachment.
Section 134. Section 41-6a-1105 , which is renumbered from Section 41-6-87 is
renumbered and amended to read:
[
Duties, prohibitions.
(1) A person operating a bicycle or a moped [
speed of traffic at the time and place and under the conditions then existing shall ride as near as
practicable to the right-hand edge of the roadway except when:
(a) overtaking and passing another bicycle or vehicle proceeding in the same direction;
(b) preparing to make a left turn at an intersection or into a private road or driveway;
(c) traveling straight through an intersection that has a right-turn only lane that is in
conflict with the straight through movement; or
(d) reasonably necessary to avoid conditions that make it unsafe to continue along the
right-hand edge of the roadway including:
(i) fixed or moving objects[
(ii) parked or moving vehicles[
(iii) bicycles[
(iv) pedestrians[
(v) animals[
(vi) surface hazards[
(vii) a lane that is too narrow for a bicycle and a vehicle to travel safely side by side
within the lane.
(2) A person operating a bicycle or moped on a highway shall operate in the designated
direction of traffic.
(3) [
roadway may not ride more than two abreast with another person except on paths or parts of
roadways set aside for the exclusive use of bicycles. [
(b) If allowed under Subsection (3)(a), a person riding two abreast with another person
may not impede the normal and reasonable movement of traffic and shall ride within a single
lane.
(4) If a usable path for bicycles has been provided adjacent to a roadway, a bicycle
[
not the roadway.
Section 135. Section 41-6a-1106 , which is renumbered from Section 41-6-87.3 is
renumbered and amended to read:
[
right-of-way to pedestrians on sidewalks, paths, or trails -- Uses prohibited -- Negligent
collision prohibited -- Speed restrictions -- Rights and duties same as pedestrians.
(1) A person operating a bicycle or [
shall:
(a) yield the right-of-way to any pedestrian; and [
(b) give an audible signal before overtaking and passing a pedestrian.
(2) A person may not operate a bicycle or a vehicle or device propelled by human power
on a sidewalk, path, or trail, or across a roadway in a crosswalk, where prohibited by [
traffic-control [
(3) A person may not operate a bicycle or [
power in a negligent manner so as to collide with [
(a) pedestrian [
(b) person operating a:
(i) bicycle; or [
(ii) vehicle or device propelled by human power.
(4) A person operating a bicycle or a vehicle or device propelled by human power on a
sidewalk, path, or trail, or across a driveway, or across a roadway on a crosswalk may not operate
at a speed greater than is reasonable and prudent under the existing conditions, giving regard to
the actual and potential hazards then existing.
(5) Except as provided under Subsections (1) and (4), a person operating a bicycle or a
vehicle or device propelled by human power on a sidewalk, path, or trail, or across a roadway on
a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.
Section 136. Section 41-6a-1107 , which is renumbered from Section 41-6-87.4 is
renumbered and amended to read:
[
(1) A person may park a bicycle on a sidewalk unless prohibited or restricted by [
(2) A bicycle parked on a sidewalk may not impede the normal and reasonable
movement of pedestrian or other traffic.
(3) A bicycle may be parked on the roadway at any location where parking is allowed:
(a) at any angle to the curb or edge of the roadway [
[
near the side of the roadway [
[
movement of a legally parked motor vehicle.
[
the provisions of [
the parking of vehicles.
Section 137. Section 41-6a-1108 , which is renumbered from Section 41-6-87.5 is
renumbered and amended to read:
[
(1) A person riding a bicycle or moped and intending to turn left shall comply with
Section [
(2) (a) A person riding a bicycle or moped intending to turn left shall approach the turn
as close as practicable to the right curb or edge of the roadway.
(b) After proceeding across the intersecting roadway, to the far corner of the curb or
intersection of the roadway edges, the bicyclist or moped operator shall stop, as far out of the
way of traffic as practical.
(c) After stopping [
proceeding in either direction along the roadway he had been using.
(d) After yielding and complying with any [
officer regulating traffic, [
(3) (a) Notwithstanding Subsections (1) and (2), [
[
turning bicyclists and moped operators to travel a specific course [
(b) When the devices are placed under Subsection (3)(a), a person may not turn a bicycle
other than as directed by the devices.
Section 138. Section 41-6a-1109 , which is renumbered from Section 41-6-87.7 is
renumbered and amended to read:
[
(1) Except as provided in this section, a person riding a bicycle or moped shall comply
with Section [
(2) A person is not required to signal by hand and arm continuously if the hand is needed
in the control or operation of the bicycle or moped.
(3) A person operating a bicycle or moped [
turning traffic only is not required to signal prior to making the turning movement.
Section 139. Section 41-6a-1110 , which is renumbered from Section 41-6-87.8 is
renumbered and amended to read:
[
A peace officer may at any time [
and submit the bicycle or moped to an inspection and a test as appropriate if the officer has
reasonable cause to believe that [
(1) the bicycle or moped is unsafe or not equipped as required by law[
(2) the bicycle or moped's equipment is not in proper adjustment or repair[
Section 140. Section 41-6a-1111 , which is renumbered from Section 41-6-87.9 is
renumbered and amended to read:
[
Exceptions -- Authorized exemptions from traffic laws.
(1) Bicycle racing on highways is prohibited under Section [
as authorized in this section.
(2) (a) Bicycle racing on a highway is permitted when a racing event is approved by
[
(b) Approval of bicycle highway racing events may be granted only under conditions:
(i) which assure reasonable safety for all race participants, spectators, and other highway
users[
(ii) which prevent unreasonable interference with traffic flow which would seriously
inconvenience other highway users.
(3) [
bicycle highway racing event may be exempted from compliance with any traffic laws otherwise
applicable[
(a) by agreement with the approving highway authority; and
(b) if traffic control is adequate to assure the safety of all highway users.
Section 141. Section 41-6a-1112 , which is renumbered from Section 41-6-88 is
renumbered and amended to read:
[
handlebars.
(1) A person operating a bicycle or moped may not carry any package, bundle, or article
which prevents the use of both hands in the control and operation of the bicycle or moped.
(2) A person operating a bicycle or moped shall keep at least one hand on the handlebars
at all times.
Section 142. Section 41-6a-1113 , which is renumbered from Section 41-6-89 is
renumbered and amended to read:
[
(1) A bicycle may not be equipped with, and a person may not use [
[
(2) Every bicycle shall be equipped with a brake or brakes which enable its driver to stop
the bicycle within 25 feet from a speed of [
Section 143. Section 41-6a-1114 , which is renumbered from Section 41-6-90 is
renumbered and amended to read:
[
(1) Every bicycle in use at the times described in Section [
equipped with a:
(a) lamp of a type approved by the department which is on the front emitting a white
light visible from a distance of at least 500 feet to the front; and
(b) (i) red reflector of a type approved by the department which is visible for 500 feet to
the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; or
(ii) red taillight designed for use on a bicycle and emitting flashing or nonflashing light
visible from a distance of 500 feet to the rear.
(2) Every bicycle when in use at the times described in Section [
shall be equipped with:
(a) reflective material of sufficient size and reflectivity to be visible from both sides for
500 feet when directly in front of lawful lower beams of head lamps on a motor vehicle[
(b) in lieu of reflective material, [
distance of at least 500 feet.
(3) A bicycle or its rider may be equipped with lights or reflectors in addition to those
required by Subsections (1) and (2).
Section 144. Section 41-6a-1115 , which is renumbered from Section 41-6-90.5 is
renumbered and amended to read:
[
Restrictions -- Penalties.
(1) (a) Except as otherwise provided in this section, a motor assisted scooter [
moped, or a motor-driven cycle.
(b) For a person operating a motor assisted scooter [
(i) seating positions under Section [
(ii) required lights, horns, and mirrors under Section [
(iii) entitlement to full use of a lane under Subsection [
and
(iv) driver licensing requirements under Section 53-3-202 .
(2) A person under 16 years of age may not operate a [
supervision of the person's parent or guardian.
(3) A person may not operate a motor assisted scooter:
(a) in a public parking structure;
(b) on public property posted as an area prohibiting skateboards;
(c) on a highway consisting of a total of four or more lanes designated for regular
vehicular traffic;
(d) on a highway with a posted speed limit greater than 25 miles per hour; or
(e) that has been structurally altered from the original manufacturer's design.
[
[
[
[
[
scooter is considered a nonmotorized vehicle if it is being used with the motor turned off.
[
Section 145. Section 41-6a-1116 is enacted to read:
41-6a-1116. Personal motorized mobility devices -- Conflicting provisions --
Restrictions -- Penalties.
(1) (a) Except as otherwise provided in this section, a personal motorized mobility device
is subject to the provisions under this chapter for a bicycle, moped, or a motor-driven cycle.
(b) For a person operating a personal motorized mobility device, the following
provisions do not apply:
(i) seating positions under Section 41-6a-1501 ;
(ii) required lights, horns, and mirrors under Section 41-6a-1506 ;
(iii) entitlement to full use of a lane under Subsection 41-6a-1502 (1); and
(iv) driver licensing requirements under Section 53-3-202 .
(2) A person under 16 years of age may not operate a personal motorized mobility device
using the motor unless the person is under the direct supervision of the person's parent or
guardian.
(3) A person may not operate a personal motorized mobility device:
(a) on a highway consisting of a total of four or more lanes designated for regular
vehicular traffic;
(b) on a highway with a posted speed limit greater than 35 miles per hour; or
(c) that has been structurally altered from the original manufacturer's design.
(4) A person who violates this section is guilty of a class C misdemeanor.
Section 146. Section 41-6a-1201 , which is renumbered from Section 41-6-93 is
renumbered and amended to read:
[
[
on any track in front of a railroad train [
the vehicle from the track as soon as practicable after signal from the operator of [
[
of a vehicle [
(a) on or across the tracks; or
(b) in the path of [
Section 147. Section 41-6a-1202 , which is renumbered from Section 41-6-94 is
renumbered and amended to read:
[
[
or within a safety zone.
Section 148. Section 41-6a-1203 , which is renumbered from Section 41-6-95 is
renumbered and amended to read:
[
and school buses -- Driving through, around, or under gate or barrier prohibited.
(1) Whenever [
crossing, the [
from the nearest rail of the railroad track and may not proceed if:
(a) a clearly visible electric or mechanical signal device gives warning of the immediate
approach of a train;
(b) a crossing gate is lowered, or when a human flagman gives or continues to give a
signal of the approach or passage of a train;
(c) a railroad train approaching within approximately 1,500 feet of the highway crossing
emits a signal audible [
crossing is an immediate hazard;
(d) an approaching train is plainly visible and is in hazardous proximity to the crossing;
or
(e) there is any other condition that makes it unsafe to proceed through the crossing.
(2) (a) [
of a railroad grade crossing signal device may drive a vehicle, including a school bus, through the
railroad grade crossing after stopping if:
(i) the [
railroad tracks in all directions;
(ii) there is no evidence of an approaching train;
(iii) the vehicle can cross over the tracks safely; and
(iv) the [
(b) As soon as is reasonably possible, the [
the driver's dispatcher and the dispatcher shall notify the owner of the railroad track where the
grade crossing signal device is located of the false activation or malfunction.
(3) A person may not drive [
gate or barrier at a railroad crossing while the [
or closed.
Section 149. Section 41-6a-1204 , which is renumbered from Section 41-6-95.5 is
renumbered and amended to read:
[
[
prevent vehicular use of [
minutes except:
(1) when necessary to comply with signals affecting the safety of the movement of trains;
(2) when necessary to avoid striking any object or person on the track;
(3) when the train is disabled;
(4) when the train is in motion or while engaged in switching operations [
(5) when there is no vehicular traffic waiting to use the crossing; [
(6) when necessary to comply with a governmental safety regulation[
(7) as determined by a highway authority.
Section 150. Section 41-6a-1205 , which is renumbered from Section 41-6-97 is
renumbered and amended to read:
[
Exceptions -- Rules.
(1) [
53-3-102 , shall upon approaching a railroad grade crossing:
(a) unless Subsection (2) applies, slow down and check that the tracks are clear of an
approaching train;
(b) stop within 50 feet, but not closer than 15 feet, from the nearest rail of the railroad
track before reaching the crossing if the tracks are not clear;
(c) obey all traffic control devices or the directions of a peace officer, or other crossing
official at the crossing; and
(d) before proceeding over a railroad grade crossing:
(i) ensure that the vehicle has sufficient space to drive completely through a railroad
grade crossing without stopping; and
(ii) ensure that the vehicle has sufficient undercarriage clearance to safely and completely
pass through the crossing.
(2) (a) Except as provided in Subsection (3), the [
described in 49 CFR 392.10 shall stop within 50 feet, but not closer than 15 feet, from the nearest
rail of the railroad track before crossing, at grade, any track of a railroad.
(b) While stopped, the [
any sign of an approaching train and look and listen for signals indicating the approach of any
train.
(c) The [
movement may be made with reasonable safety.
(d) After stopping as required and upon safely proceeding, the [
only cross the railroad track in a gear that ensures no necessity for manually changing gears while
traversing the crossing.
(e) The [
(3) This section does not apply at a:
(a) railroad grade crossing where traffic is controlled by a peace officer or other crossing
official;
(b) railroad grade crossing where traffic is regulated by a traffic-control signal;
(c) railroad grade crossing where [
the stopping requirements of this section are not applicable; or
(d) other railroad grade crossings excluded under 49 CFR 392.10.
Section 151. Section 41-6a-1206 , which is renumbered from Section 41-6-98 is
renumbered and amended to read:
[
power shovel, derrick, or other equipment or structure.
(1) A person may not operate or move [
railroad grade crossing without first complying with this section:
(a) a crawler type tractor[
(b) a power shovel[
(c) a derrick[
(d) a roller; or
(e) any equipment or structure having:
(i) normal operating speed of ten or less miles per hour; or
(ii) a vertical body or load clearance of less than:
(A) 1/2 inch per foot of the distance between any two adjacent axles; or
(B) in any event [
roadway [
(2) Notice of an intended crossing under this section shall be given to the railroad and a
reasonable time shall be given to the railroad to provide proper protection at the crossing.
(3) (a) Before making a crossing under this section the person operating or moving the
vehicle or equipment shall first stop within 50 feet but not closer than 15 feet from the nearest
rail of the railway.
(b) While stopped, the [
directions along the track for any approaching train and for signals indicating the approach of a
railroad train.
(c) The [
made safely.
(4) The [
directions of a peace officer or other crossing official at the crossing.
Section 152. Section 41-6a-1301 , which is renumbered from Section 41-6-140.10 is
renumbered and amended to read:
[
special warning devices on school buses.
[
widely spaced laterally as practicable[
(b) The red signal lamps shall display two alternately flashing red lights, located at the
same level, to the front and [
(c) The red signal lamps shall be visible at 500 feet in normal sunlight.
[
the same level but closer to the vertical centerline of the bus[
(b) The yellow signal lamps shall display two alternately flashing yellow lights to the
front and [
(c) The yellow signal lamps shall be visible at 500 feet in normal sunlight. [
(3) A school bus driver shall activate the yellow signal lamps at least 100 feet, but not
more than 500 feet, before every stop at which the alternately flashing red lights [
[
Section 153. Section 41-6a-1302 , which is renumbered from Section 41-6-100.10 is
renumbered and amended to read:
[
amber lights -- Flashing red lights -- Passing school bus -- Duty to stop -- Travel in opposite
direction -- Penalties.
(1) [
(a) bear [
"school bus" in letters not less than eight inches in height, which shall be removed or covered
when the vehicle is not in use for the transportation of school children; and
(b) be equipped with alternating flashing amber and red light signals visible from the
front and rear, of a type approved and mounted as required under Section 41-6a-1301 and
prescribed by the department under Section 41-6a-1601 .
(2) The operator of [
[
alternating flashing:
(a) amber warning light signals, shall slow [
school bus using due care and caution at a speed not greater than specified in Subsection
[
vicinity; or
(b) red light signals visible from the front or rear, shall stop immediately before reaching
the bus and may not proceed until the flashing red light signals cease operation.
(3) The operator of a vehicle need not stop upon meeting or passing a school bus
displaying alternating flashing red light signals if the school bus is traveling in the opposite
direction when:
(a) traveling [
(b) the bus is stopped at an intersection or other place controlled by a traffic-control
signal or by a peace officer; or
(c) [
two-way left turn lane.
(4) (a) The operator of a school bus shall operate alternating flashing red light signals at
all times when:
(i) children are unloading from a school bus to cross a highway[
(ii) a school bus is stopped for the purpose of loading children who must cross a highway
to board the bus[
(iii) it would be hazardous for vehicles to proceed past the stopped school bus.
(b) The alternating flashing red light signals may not be operated except:
(i) when the school bus is stopped for loading or unloading school children; or
(ii) for [
(5) The operator of a school bus being operated on a highway shall have the headlights of
the school bus lighted.
(6) (a) A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum
fine [
(i) $100 for a first offense;
(ii) $200 for a second offense within three years of a previous conviction or bail
forfeiture; and
(iii) $500 for a third [
conviction or bail forfeiture.
(b) A violation of Subsection (5) is a class C misdemeanor and the fine [
(c) The court may order the person to perform compensatory service in lieu of the fine or
any portion of the fine if the court makes the reasons for the waiver part of the record.
(7) The Driver License Division shall develop and implement a record system to
distinguish:
(a) a conviction or bail forfeiture under this section from other convictions; and
(b) between a first and subsequent conviction or bail forfeiture under this section.
Section 154. Section 41-6a-1303 , which is renumbered from Section 41-6-100.15 is
renumbered and amended to read:
[
(1) (a) An operator of a school bus who observes a violation of Subsection [
41-6a-1302 (2) or (3) may prepare a report, in a manner specified by the school district, to the
school district transportation coordinator no more than two working days after the alleged
violation occurred.
(b) The report under Subsection (1)(a) shall contain:
[
[
[
[
[
offense; and
[
attesting to the accuracy of the report.
(2) (a) Upon receipt of a report in accordance with Subsection (1), the school district
transportation coordinator shall promptly send a notification letter to the last-known registered
owner of the vehicle.
(b) The notification letter shall include:
(i) the applicable information on the school bus operator's report stating that the vehicle
was observed passing a school bus displaying alternating flashing red lights in violation of state
law;
(ii) a complete explanation of the applicable provisions of Section [
41-6a-1302 ; and
(iii) an explanation that the notification letter is not a peace officer citation but is an
effort to call attention to the seriousness of the incident.
(c) The school district transportation coordinator may file the report with the local law
enforcement agency that has jurisdiction for the alleged violation.
(3) A law enforcement agency that receives a report in accordance with Subsection (2)
may have a peace officer initiate an investigation of the reported violation.
Section 155. Section 41-6a-1304 , which is renumbered from Section 41-6-115 is
renumbered and amended to read:
[
[
Act, the Department of Transportation by and with the advice of the State Board of Education
and the Department of Public Safety shall adopt and enforce [
with this chapter, to govern the design and operation of all school buses in this state when:
(i) owned and operated by any school district; [
(ii) privately owned and operated under contract with [
(iii) privately owned for use by a private school[
(b) The rules under this Subsection (1) shall by reference be made a part of any [
contract with a school district or private school to operate a school bus.
(2) Every school district or private school, its officers and employees, and every person
employed under contract by a school district or private school shall be subject to [
Section 156. Section 41-6a-1305 , which is renumbered from Section 41-6-116 is
renumbered and amended to read:
[
[
[
obligation to comply with [
on behalf of a school district [
or employment. [
(2) A person operating a school bus under contract with a school district who fails to
comply with any [
breach of contract, and [
responsible officers of [
Section 157. Section 41-6a-1306 , which is renumbered from Section 41-6-116.1 is
renumbered and amended to read:
[
markings -- Repainting -- School district not to bear expense -- Infraction.
(1) (a) As used in this section, "old school bus" means a school bus that has been
removed from service and is operated on the highways, streets, or roads of this state for a
nonschool permanent commercial use.
(b) [
(i) identifying markings be removed; and
(ii) the bus be painted a color other than school-bus yellow.
(c) The school districts may not be charged any expense related to removing markings
from [
(2) [
Section 158. Section 41-6a-1307 , which is renumbered from Section 41-6-103.5 is
renumbered and amended to read:
[
Uniform markings -- Penalty.
(1) As used in this section, "school bus parking zone" means a parking space that is
clearly identified as reserved for use by a school bus.
(2) [
authority for highways under [
school property may establish and locate school bus parking zones in accordance with
specifications established under Subsection (3).
(3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Transportation, after consultation with local highway authorities and school
boards which may include input from school traffic safety committees established under Section
53A-3-402 , shall make rules establishing specifications for uniform signage or markings to
clearly identify school bus parking zones.
(4) A person may not stop, stand, or park a vehicle other than a school bus, whether
occupied or not, in a clearly identified school bus parking zone.
(5) A person who violates Subsection (4) shall pay a minimum fine of $75.
Section 159. Section 41-6a-1401 , which is renumbered from Section 41-6-103 is
renumbered and amended to read:
[
exceptions.
(1) Except when necessary to avoid conflict with other traffic, or in compliance with law,
the directions of a peace officer, or [
(a) stop, stand, or park a vehicle:
(i) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(ii) on a sidewalk;
(iii) within an intersection;
(iv) on a crosswalk;
(v) between a safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone, unless a different length is indicated by signs or
markings;
(vi) alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic;
(vii) [
highway tunnel;
(viii) on any railroad tracks;
(ix) on any controlled-access highway;
(x) in the area between roadways of a divided highway, including crossovers; or
(xi) any place where [
stopping, standing, or parking; or
(b) stand or park a vehicle, whether occupied or not, except momentarily to pick up or
discharge a passenger or passengers:
(i) in front of a public or private driveway;
(ii) within 15 feet of a fire hydrant;
(iii) within 20 feet of a crosswalk;
(iv) within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or
traffic-control signal located at the side of a roadway;
(v) within 20 feet of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within 75 feet of the entrance when properly signposted;
or
(vi) at any place where [
standing; or
(c) park a vehicle, whether occupied or not, except temporarily for the purpose of and
while actually engaged in loading or unloading property or passengers:
(i) within 50 feet of the nearest rail of a railroad crossing; or
(ii) at any place where [
(2) A person may not move a vehicle that is not lawfully under the person's control into
any prohibited area or into an unlawful distance from the curb.
Section 160. Section 41-6a-1402 , which is renumbered from Section 41-6-104 is
renumbered and amended to read:
[
Traffic-control devices prohibiting or restricting.
(1) Except as otherwise provided in this section, [
[
(a) parallel to and within twelve inches of the right-hand curb; or
(b) as close as practicable to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinance, [
parked [
the roadway in the direction of authorized traffic movement with its:
(a) right-hand wheels:
(i) within twelve inches of the right-hand curb; or
(ii) as close as practicable to the right edge of the right-hand shoulder; or [
(b) left-hand wheels:
(i) within twelve inches of the left-hand curb; or
(ii) as close as practicable to the left edge of the left-hand shoulder.
(3) [
by ordinance permit angle parking on any roadway[
(b) Angle parking [
the Department of Transportation has determined that the roadway is of sufficient width to
permit angle parking without interfering with the free movement of traffic.
(4) (a) The Department of Transportation, with respect to highways under its jurisdiction,
may place traffic-control devices prohibiting or restricting the stopping, standing, or parking of
vehicles on [
(i) the stopping, standing, or parking is dangerous to those using the highway; or [
(ii) the stopping, standing, or parking of vehicles would unduly interfere with the free
movement of traffic. [
(b) A person [
restriction indicated by [
Section 161. Section 41-6a-1403 , which is renumbered from Section 41-6-105 is
renumbered and amended to read:
[
[
permit [
(a) stopping the engine[
(b) locking the ignition and removing the key[
(c) placing the transmission in "park" or the gears in "low" or "reverse" if the vehicle has
a manual shift[
(d) effectively setting the brakes thereon[
(2) A person shall turn the front wheels to the curb or side of the highway when standing
a vehicle on any perceptible grade.
Section 162. Section 41-6a-1404 , which is renumbered from Section 41-6-101 is
renumbered and amended to read:
[
residential district.
(1) Outside a business or residence district [
leave standing [
practical to stop, park, or [
(2) A person who stops, parks, or leaves a vehicle standing on a roadway shall:
(a) leave an unobstructed width of the highway opposite [
(b) leave the vehicle so that other vehicle operators have a clear view of [
stopped vehicle [
the roadway.
(3) This section and Sections [
not apply to the [
while on the paved or main traveled portion of a roadway in [
extent that it is impossible to avoid stopping and temporarily leaving [
[
Section 163. Section 41-6a-1405 , which is renumbered from Section 41-6-102 is
renumbered and amended to read:
[
(1) If a peace officer finds a vehicle in violation of Section [
officer may move the vehicle, cause the vehicle to be moved, or require the [
other person responsible for the vehicle to move the vehicle to a safe position off the highway.
(2) A peace officer may remove or cause to be removed to a place of safety [
unattended vehicle left standing [
(a) violation of this [
(b) a position or under circumstances that the vehicle obstructs the normal movement of
traffic.
(3) In accordance with Section [
cause to be removed to the nearest garage or other place of safety [
a highway when:
(a) the vehicle has been reported stolen or taken without the consent of its owner;
(b) the person responsible for the vehicle is unable to provide for its custody or removal;
or
(c) the person operating the vehicle is arrested for an alleged offense for which the peace
officer is required by law to take the person arrested before a proper magistrate without
unnecessary delay.
Section 164. Section 41-6a-1406 , which is renumbered from Section 41-6-102.5 is
renumbered and amended to read:
[
Reporting and notification requirements -- Administrative impound fee -- Refunds --
Possessory lien -- Rulemaking.
(1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
[
41-6a-1408 , or 73-18-20.1 by an order of a peace officer or by an order of a person acting on
behalf of a law enforcement agency or highway authority [
removal or impoundment of the vehicle, vessel, or outboard motor shall be at the expense of the
owner[
(2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
impounded to:
(a) a state impound yard[
(b) if none, [
[
be removed by a tow truck motor carrier that meets standards established:
(a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
(b) by the department under Subsection [
[
report of the removal shall be sent to the Motor Vehicle Division by:
(i) the peace officer or agency by whom the peace officer is employed; and
(ii) the tow truck operator or the tow truck motor carrier by whom the tow truck operator
is employed.
(b) The report shall be in a form specified by the Motor Vehicle Division and shall
include:
(i) the operator's name, if known;
(ii) a description of the vehicle, vessel, or outboard motor;
(iii) the vehicle identification number or vessel or outboard motor identification number;
(iv) the license number or other identification number issued by a state agency;
(v) the date, time, and place of impoundment;
(vi) the reason for removal or impoundment;
(vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
outboard motor; and
(viii) the place where the vehicle, vessel, or outboard motor is stored.
(c) Until the tow truck operator or tow truck motor carrier reports the removal as
required under this Subsection [
(i) collect any fee associated with the removal; and
(ii) begin charging storage fees.
[
the registered owner of the vehicle, vessel, or outboard motor and any lien holder in the manner
prescribed by Section 41-1a-114 .
(b) The notice shall:
(i) state the date, time, and place of removal, the name, if applicable, of the person
operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
and the place where the vehicle, vessel, or outboard motor is stored;
(ii) state that the registered owner is responsible for payment of towing, impound, and
storage fees charged against the vehicle, vessel, or outboard motor; and
(iii) inform the registered owner of the vehicle, vessel, or outboard motor of the
conditions that must be satisfied before the vehicle, vessel, or outboard motor is released.
(c) If the vehicle, vessel, or outboard motor is not registered in this state, the Motor
Vehicle Division shall make a reasonable effort to notify the registered owner and any lien holder
of the removal and the place where the vehicle, vessel, or outboard motor is stored.
(d) The Motor Vehicle Division shall forward a copy of the notice to the place where the
vehicle, vessel, or outboard motor is stored.
[
owner, lien holder, or the owner's agent:
(i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of the
State Tax Commission;
(ii) presents identification sufficient to prove ownership of the impounded vehicle,
vessel, or outboard motor;
(iii) completes the registration, if needed, and pays the appropriate fees;
(iv) if the impoundment was made under Section [
administrative impound fee of $230; and
(v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
motor is stored.
(b) (i) Twenty-nine dollars of the administrative impound fee assessed under Subsection
[
(ii) $97 of the administrative impound fee assessed under Subsection [
be deposited in the Department of Public Safety Restricted Account created in Section 53-3-106 ;
and
(iii) the remainder of the administrative impound fee assessed under Subsection [
(6)(a)(iv) shall be deposited in the General Fund.
(c) The administrative impound fee assessed under Subsection [
waived or refunded by the State Tax Commission if the registered owner, lien holder, or owner's
agent presents written evidence to the State Tax Commission that:
(i) the Driver License Division determined that the arrested person's driver license should
not be suspended or revoked under Section 53-3-223 or [
shown by a letter or other report from the Driver License Division presented within 30 days of
the final notification from the Driver License Division; or
(ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
stolen vehicle report presented within 30 days of the impoundment.
[
registered owner or the owner's agent within the time prescribed by Section 41-1a-1103 shall be
sold in accordance with that section and the proceeds, if any, shall be disposed of as provided [
under Section 41-1a-1104 .
(b) The date of impoundment is considered the date of seizure for computing the time
period provided [
[
impoundment of the owner's vehicle, vessel, or outboard motor, has a cause of action for all the
fees and charges, together with damages, court costs, and attorney fees, against the operator of
the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
[
vessel, or outboard motor.
[
(10) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules setting the performance standards for towing companies to be used
by the department.
[
Subsection [
and retrieval of the information.
(b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
administrator of the database may adopt a schedule of fees assessed for utilizing the database.
(ii) The fees under this Subsection (11)(b) shall:
(A) be reasonable and fair; and [
(B) reflect the cost of administering the database.
Section 165. Section 41-6a-1407 , which is renumbered from Section 41-6-102.7 is
renumbered and amended to read:
[
without authorization -- Penalties.
(1) In cases not amounting to burglary or theft of a vehicle, a person may not remove an
unattended vehicle without prior authorization of:
(a) a peace officer;
(b) a law enforcement agency;
(c) a highway authority[
highway on which there is an unattended vehicle; or
(d) the owner or person in lawful possession or control of the real property.
(2) (a) An authorization from a person specified under Subsection (1)(a), (b), or (c) shall
be in a form specified by the Motor Vehicle Division.
(b) The removal of the unattended vehicle shall comply with requirements of Section
[
(3) The removal of the unattended vehicle authorized under Subsection (1)(d) shall
comply with requirements of Section 72-9-603 .
(4) A person who violates Subsections (1) or (3) is guilty of a class C misdemeanor.
Section 166. Section 41-6a-1408 , which is renumbered from Section 41-6-116.10 is
renumbered and amended to read:
[
Report -- Vehicle identification.
(1) As used in this section, "abandoned vehicle" means a vehicle that is left unattended:
(a) on a highway for a period in excess of 48 hours; or
(b) on [
express or implied consent of the owner or person in lawful possession or control of the property.
(2) A person may not abandon a vehicle [
(3) A person may not abandon a vehicle [
the express or implied consent of the owner or person in lawful possession or control of the
property.
(4) A peace officer who has reasonable grounds to believe that a vehicle has been
abandoned may remove the vehicle or cause it to be removed in accordance with Section
[
(5) If the motor number, manufacturer's number or identification mark of the abandoned
vehicle has been defaced, altered or obliterated, the vehicle may not be released or sold until:
(a) the original motor number, manufacturer's number or identification mark has been
replaced[
(b) a new number assigned by the Motor Vehicle Division has been stamped on the
vehicle.
Section 167. Section 41-6a-1501 , which is renumbered from Section 41-6-107 is
renumbered and amended to read:
[
ride -- Passengers.
[
the permanent and regular seat attached [
motor-driven cycle.
(2) (a) Except as provided in Subsection (2)(b):
(i) a person operating a motorcycle or motor-driven cycle may not carry any other person
[
(ii) a passenger may not ride on a motorcycle or a motor-driven cycle [
(b) If a motorcycle or motor-driven cycle is designed to carry more than one person, a
passenger may ride [
(i) the permanent and regular seat, if designed for two persons[
(ii) another seat firmly attached to the motorcycle or motor-driven cycle at the rear or
side of the operator.
[
sitting astride the seat, facing forward, with one leg on either side of the motorcycle or
motor-driven cycle.
[
carrying [
both hands on the handlebars.
[
or motor-driven cycle may not carry a person and a person may not ride[
(a) the operation or control of the motorcycle or motor-driven cycle; or
(b) the view of the operator.
Section 168. Section 41-6a-1502 , which is renumbered from Section 41-6-107.2 is
renumbered and amended to read:
[
type I vehicles -- Operation on public highways.
(1) [
entitled to full use of a lane [
(b) A person may not operate a motor vehicle [
(c) This Subsection (1) does not apply to motorcycles or motor-driven cycles operated
two abreast in a single lane.
(2) The operator of a motorcycle or motor-driven cycle may not overtake and pass in the
same lane occupied by the vehicle being overtaken.
(3) [
(a) lanes of traffic[
(b) adjacent lines or rows of vehicles.
(4) Motorcycles or motor-driven cycles may not be operated more than two abreast in a
single lane.
(5) Subsections (2) and (3) do not apply to [
(6) The provisions of this section also apply to all-terrain type I vehicles.
Section 169. Section 41-6a-1503 , which is renumbered from Section 41-6-107.4 is
renumbered and amended to read:
[
another vehicle prohibited.
[
himself to any other vehicle on a roadway.
Section 170. Section 41-6a-1504 , which is renumbered from Section 41-6-107.6 is
renumbered and amended to read:
[
passenger -- Height of handlebars limited.
[
highway, other than in a sidecar or enclosed cab, shall be equipped with footrests for [
passenger.
[
with handlebars above shoulder height.
Section 171. Section 41-6a-1505 , which is renumbered from Section 41-6-107.8 is
renumbered and amended to read:
[
headgear -- Closed cab excepted -- Electric assisted bicycles, motor assisted scooters,
personal motorized mobility devices.
(1) A person under the age of 18 may not operate or ride on a motorcycle or
motor-driven cycle on a highway unless the person is wearing protective headgear which
complies with [
(2) This section does not apply to persons riding within an enclosed cab.
[
[
(3) The following standards and specifications for protective headgear are adopted:
(a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
(b) 49 C.F.R. 1203 related to protective headgear for bicycles, motor assisted scooters,
and personal motorized mobility devices.
Section 172. Section 41-6a-1506 , which is renumbered from Section 41-6-154.50 is
renumbered and amended to read:
[
[
following items[
[
system, [
[
[
white light;
[
[
[
Section [
[
[
41-6a-1626 ;
[
[
[
of the braking system on [
or constructed as to insure reasonable and reliable performance in actual use in accordance with
Section 41-6a-1623 .
[
[
department has disapproved the braking system [
(4) (a) Upon notice to the party to whom the motor-driven cycle is registered, the
department may suspend the registration of a motor-driven cycle if the department has
disapproved the braking system under this section.
(b) The Motor Vehicle Division shall, under Subsection 41-1a-109 (1)(e) or (2), refuse to
register a motor-driven cycle if it has reason to believe the motor-driven cycle has a braking
system disapproved under this section.
Section 173. Section 41-6a-1507 , which is renumbered from Section 41-6-155.5 is
renumbered and amended to read:
[
laws and standards -- Exceptions -- Revocation -- Signed statement required.
(1) (a) As used in this section, "replica vehicle" means a motor vehicle:
(i) with a body that is or resembles the body of a motor vehicle with a model year prior to
1975; and
(ii) that may have a significant drive train or equipment upgrade.
(b) A replica vehicle is for occasional pleasure rides and is not used for general daily
transportation.
(c) A replica vehicle does not include a vintage vehicle as defined in Section 41-21-1 ,
nor a special interest vehicle as defined in Section 41-1a-102 .
(2) Except as specified under this section, a replica vehicle shall meet all safety,
emissions, registration, insurance, fees, and taxes required under this title.
(3) (a) Except as provided in Subsection (3)(b), all safety equipment of a replica vehicle
shall at least meet the safety standards applicable to the model year of the vehicle being
replicated. Any replacement equipment shall comply with the design standards of the
replacement equipment's manufacture.
(b) A replica vehicle shall comply with current vehicle brake and stopping standards.
(c) A replica vehicle shall comply with emissions standards applicable to the model year
of the engine of the replica vehicle.
(4) The tax commission may revoke the registration of a replica vehicle for failure to
comply with this section.
(5) The owner of a replica vehicle shall provide a signed statement certifying that the
replica vehicle is owned and operated for the purposes enumerated in this section to the safety
inspection and emissions inspection station in order to qualify for the exceptions provided under
this section.
Section 174. Section 41-6a-1508 , which is renumbered from Section 41-6-117.6 is
renumbered and amended to read:
[
(1) Except as otherwise provided in this section, a low-speed vehicle is considered a
motor vehicle for purposes of the Utah Code including requirements for:
(a) traffic rules under Title 41, Chapter [
Code;
(b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
(c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
Motor Vehicle Owners and Operators Act;
(d) vehicle registration, titling, odometer statements, vehicle identification numbers,
license plates, and registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
(e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and fee
in lieu of property taxes or in lieu fees under Section 59-2-405 ;
(f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
Regulation Act;
(g) motor vehicle safety inspection requirements under Section 53-8-205 ; and
(h) safety belt requirements under Title 41, Chapter [
Vehicle [
(2) (a) A low-speed vehicle shall comply with federal safety standards established in 49
C.F.R. 571.500 and shall be equipped with:
(i) headlamps;
(ii) front and rear turn signals, tail lamps, and stop lamps;
(iii) turn signal lamps;
(iv) reflex reflectors one on the rear of the vehicle and one on the left and right side and
as far to the rear of the vehicle as practical;
(v) a parking brake;
(vi) a windshield that meets the standards under Section [
including a device for cleaning rain, snow, or other moisture from the windshield;
(vii) an exterior rearview mirror on the driver's side and either an interior rearview mirror
or an exterior rearview mirror on the passenger side;
(viii) a speedometer and odometer; and
(ix) braking for each wheel.
(b) A low-speed vehicle that complies with [
Subsection (3) and that is not altered from the manufacturer is considered to comply with
equipment requirements [
Equipment.
(3) A person may not operate a low-speed vehicle that has been structurally altered from
the original manufacturer's design.
(4) A user of a low-speed vehicle shall obtain an annual clean special fuel tax certificate
for each low-speed vehicle as required under Section 59-13-304 .
(5) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
maintenance program requirements under Section [
(6) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
operated on a highway with a posted speed limit of more than 35 miles per hour.
(b) In addition to the restrictions under Subsection (6)(a), a highway authority, [
any highway under its jurisdiction, if the highway authority determines the prohibition or
restriction is necessary for public safety.
(7) [
on the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies
with the Society of Automotive Engineers standard SAE J943.
[
(8) A person who violates Subsection (2), (3), (6), or (7) is guilty of a class C
misdemeanor.
Section 175. Section 41-6a-1601 , which is renumbered from Section 41-6-117 is
renumbered and amended to read:
[
public highways -- Exceptions.
[
(1) (a) A person may not operate or move and an owner may not cause or knowingly
permit to be [
vehicles which:
(i) is in [
(ii) does not contain those parts or is not at all times equipped with lamps and other
equipment in proper condition and adjustment as required in this chapter [
(iii) is equipped in any manner in violation of this chapter [
(iv) emits pollutants in excess of the limits allowed under the rules of the Air Quality
Board created under Title 19, Chapter 2, Air Conservation Act, or under rules made by local
health departments.
(b) A person may not do any act forbidden or fail to perform any act required under this
chapter [
(2) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
and in coordination with the rules made under Section 53-8-204 , the department shall make rules
setting minimum standards covering the design, construction, condition, and operation of vehicle
equipment for safely operating a motor vehicle on the highway as required under this part.
(b) The rules under Subsection (2)(a):
(i) shall conform as nearly as practical to Federal Motor Vehicle Safety Standards and
Regulations;
(ii) may incorporate by reference, in whole or in part, the federal standards under
Subsection (2)(b)(i) and nationally recognized and readily available standards and codes on
motor vehicle safety;
(iii) shall include provisions for the issuance of a permit under Section 41-6a-1602 ;
(iv) shall include standards for the emergency lights of authorized emergency vehicles;
(v) may provide standards and specifications applicable to lighting equipment on school
buses consistent with:
(A) this part;
(B) federal motor vehicle safety standards; and
(C) current specifications of the Society of Automotive Engineers;
(vi) shall provide procedures for the submission, review, approval, disapproval, issuance
of an approval certificate, and expiration or renewal of approval of any part as required under
Section 41-6a-1620 ;
(vii) shall establish specifications for the display or etching of a vehicle identification
number on a vehicle;
(viii) shall establish specifications in compliance with this part for a flare, fusee, electric
lantern, warning flag, or portable reflector used in compliance with this part;
(ix) shall establish approved safety and law enforcement purposes when video display is
visible to the motor vehicle operator; and
(x) shall include standards and specifications for both original equipment and parts
included when a vehicle is manufactured and aftermarket equipment and parts included after the
original manufacture of a vehicle.
(c) The following standards and specifications for vehicle equipment are adopted:
(i) 49 C.F.R. 571.209 related to safety belts;
(ii) 49 C.F.R. 571.213 related to child restraint devices;
(iii) 49 C.F.R. 393, 396, and 396 Appendix G related to commercial motor vehicles and
trailers operated in interstate commerce;
(iv) 49 C.F.R. 571 Standard 108 related to lights and illuminating devices; and
(v) 40 C.F.R. 82.30 through 82.42 and Part 82, Subpart B, Appendix A and B related to
air conditioning equipment.
[
(a) equipment required by the United States Department of Transportation [
(b) the use of additional parts and accessories on [
provisions of this chapter or [
[
[
[
[
rules of the department with respect to equipment required on vehicles do not apply to:
(a) implements of husbandry;
(b) road machinery;
(c) road rollers;
(d) farm tractors;
(e) motorcycles;
(f) motor-driven cycles;
(g) vehicles moved solely by human power;
[
(i) on a highway designated as open for off-highway vehicle use; or
(ii) in the manner prescribed by Section 41-22-10.3 ; or
[
by Subsections 41-22-5.5 (3) through (5).
[
subject to the equipment requirements of Title 41, Chapter 22, Off-highway Vehicles, and the
rules [
[
any conflicting provision of this chapter [
(b) The department:
(i) shall report any [
committees or officials of the Legislature; and
(ii) may adopt a rule to replace the superseded provision.
Section 176. Section 41-6a-1602 , which is renumbered from Section 41-6-117.5 is
renumbered and amended to read:
[
equipment regulations.
(1) The department may issue a permit which will allow temporary operation of a vehicle
in violation of the provisions of this chapter or in violation of [
made by the department.
(2) The permit shall be carried [
upon demand of a magistrate or peace officer.
(3) (a) [
manner, or duration of operation and may otherwise prescribe conditions of operation that are
necessary to protect the safety of highway users or efficient movement of traffic.
(b) Any conditions shall be stated on the permit and a person [
them.
Section 177. Section 41-6a-1603 , which is renumbered from Section 41-6-118 is
renumbered and amended to read:
[
Time.
[
(1) (a) The operator of a vehicle shall turn on the lamps or lights of the vehicle on a
highway [
and at any other time when, due to insufficient light or unfavorable atmospheric conditions,
persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead
[
(b) The lights, lighted lamps, and other lamps and illuminating devices under Subsection
(1)(a) shall be lighted as respectively required for different classes of vehicles, subject to the
exceptions [
41-6a-1607 .
[
which certain lamps and devices shall render objects visible or within which [
devices shall be visible, [
under Subsection [
level, unlighted highway under normal atmospheric conditions, unless a different time or
condition is expressly stated.
[
of lamps or devices it shall mean from the center of [
upon which the vehicle stands when [
Section 178. Section 41-6a-1604 , which is renumbered from Section 41-6-119 is
renumbered and amended to read:
[
other lamps -- Requirements.
[
one on each side of the front of the motor vehicle[
(2) (a) A motor vehicle, trailer, semitrailer, pole trailer, and any other vehicle which is
being drawn at the end of a combination of vehicles, shall be equipped with at least two tail
lamps and two or more red reflectors mounted on the rear.
(b) (i) Except as provided under Subsections (2)(b)(ii), (2)(c), and Section 41-6a-1612 ,
all stop lamps or other lamps and reflectors mounted on the rear of a vehicle shall display or
reflect a red color.
(ii) A turn signal or hazard warning light may be red or yellow.
(c) Either a tail lamp or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear registration plate.
(3) (a) A motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or
more stop lamps and flashing turn signals.
(b) A supplemental stop lamp may be mounted on the rear of a vehicle, if the
supplemental stop lamp:
(i) emits a red light;
(ii) is mounted:
(A) and constructed so that no light emitted from the device, either direct or reflected, is
visible to the driver;
(B) not lower than 15 inches above the roadway; and
(C) on the vertical center line of the vehicle; and
(iii) is the size, design, and candle power that conforms to federal standards regulating
stop lamps.
(4) (a) Each head lamp, tail lamp, supplemental stop lamp, flashing turn lamp, other
lamp, or reflector required under this part shall comply with the requirements and limitations [
(b) The department, by rules made under Section 41-6a-1601 , may require trucks, buses,
motor homes, motor vehicles with truck-campers, trailers, semitrailers, and pole trailers to have
additional lamps and reflectors.
(5) The department, by rules made under Section 41-6a-1601 , may allow:
(a) one tail lamp on any vehicle equipped with only one when it was made;
(b) one stop lamp on any vehicle equipped with only one when it was made; and
(c) passenger cars and trucks with a width less than 80 inches and manufactured or
assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps.
Section 179. Section 41-6a-1605 , which is renumbered from Section 41-6-127 is
renumbered and amended to read:
[
[
time that lights are required[
another vehicle of the combination is not required to be lighted.
Section 180. Section 41-6a-1606 , which is renumbered from Section 41-6-128 is
renumbered and amended to read:
[
lamps and reflectors or flag.
[
more beyond the bed or body of [
display lamps, reflectors, or flags at the extreme rear end of the load[
with this section.
(2) During hours of darkness as specified in Section [
41-6a-1603 , the following shall be displayed:
(a) two red reflectors located so as to indicate maximum width[
(b) two red lamps, one on each side with one red lamp located so as to indicate
maximum overhang. [
(3) (a) At a time other than the time indicated under Subsection (2), on a vehicle having a
load which extends beyond its sides or more than four feet beyond its rear, red flags[
point where a lamp [
Subsection (2).
(b) The red flags shall be at least 12 inches square.
Section 181. Section 41-6a-1607 , which is renumbered from Section 41-6-129 is
renumbered and amended to read:
[
night -- Head lamps dimmed.
[
(b) The parking lamps shall comply with requirements [
under Section 41-6a-1601 .
[
[
[
lamps if conditions exist as specified under Subsection 41-6a-1603 (1)(a).
[
dimmed.
Section 182. Section 41-6a-1608 , which is renumbered from Section 41-6-130 is
renumbered and amended to read:
[
Slow-moving vehicle emblem.
[
manufactured or assembled after January 1, 1970, shall be equipped with [
warning lights of a type described in Section [
(b) The hazard warning lights shall be:
(i) visible from a distance of not less than 1,000 feet to the front and rear in normal
sunlight[
(ii) displayed whenever [
husbandry is operated [
[
manufactured or assembled after January 1, 1970, shall [
as [
(b) A farm tractor and a self-propelled implement of husbandry manufactured or
assembled prior to January 1, 1970 shall be equipped with lamps and reflectors as required in this
section if operated on a highway under the conditions specified under Subsection
41-6a-1603 (1)(a).
(3) Subject to the provisions of Subsection (2), a farm tractor and an implement of
husbandry shall be equipped with:
[
[
1,000 feet to the rear mounted as far to the left of the center of the vehicle as practicable[
[
feet to the rear when directly in front of lawful lower beams of head lamps.
[
(4) Towed farm equipment or a towed implement of husbandry shall be equipped with
lamps and reflectors as [
under the conditions specified under Subsection 41-6a-1603 (1)(a).
[
or obscures any light [
with at least two red reflectors visible from all distances within 600 feet to 100 feet to the rear
when directly in front of lawful lower beams of head lamps.
[
of the center line of the tractor, [
reflector visible from all distances within 600 feet to 100 feet to the front when directly in front
of lawful lower beams of head lamps. [
(ii) The reflector under Subsection (4)(b)(i) shall be [
as practicable, the extreme left projection of the towed unit.
[
on the tractor, the towed unit shall be equipped with vehicle hazard warning lights described in
Subsection [
[
Subsections (3) and (4) shall be [
practicable, the extreme width of the vehicle or combination [
combination of vehicles.
(b) Reflective tape or paint may be used in lieu of the reflectors required [
[
(6) (a) A slow-moving vehicle emblem mounted on the rear is required on:
(i) a farm tractor and [
operation at speeds not in excess of 25 miles per hour [
[
(ii) towed farm equipment or a towed implement of husbandry [
load [
[
[
(b) The slow-moving vehicle emblem's design, size, mounting, and position on the
vehicle required under this Subsection (6), shall:
(i) comply with current standards and specifications of the American Society of
Agricultural Engineers [
(ii) be approved by the [
[
(c) A slow-moving vehicle identification emblem [
(i) used except as required under this section and Sections 41-6a-1508 and 41-6a-1609 ;
or
(ii) displayed on a vehicle traveling at a speed in excess of 25 miles per hour.
Section 183. Section 41-6a-1609 , which is renumbered from Section 41-6-130.5 is
renumbered and amended to read:
[
specified -- Slow-moving vehicle identification emblems on animal-drawn vehicles.
[
(1) An animal-drawn vehicle, a vehicle under Section 41-6a-1604 , and a vehicle not
specifically required by the provisions of other sections in this chapter to be equipped with lamps
or other lighting devices, shall [
lamps or other lighting devices if operated on a highway under the conditions specified under
Subsection 41-6a-1603 (1)(a) as follows:
(a) at least one lamp displaying a white light visible from a distance of not less than
1,000 feet to the front of [
(b) (i) two lamps displaying red light visible from a distance of not less than 1,000 feet to
the rear of [
(ii) one lamp displaying a red light visible from a distance of not less than 1,000 feet to
the rear and two red reflectors visible from all distances of 600 to 100 feet to the rear when
illuminated by the lawful lower beams of head lamps.
[
(2) An animal-drawn vehicle shall at all times be equipped with a slow-moving vehicle
identification emblem [
Section 184. Section 41-6a-1610 , which is renumbered from Section 41-6-131 is
renumbered and amended to read:
[
[
lamps [
(2) A lighted spot lamp [
part of the high intensity portion of the beam [
mirror, or occupant of another vehicle in use.
(3) This section does not apply to spot lamps on an authorized emergency [
vehicle.
Section 185. Section 41-6a-1611 , which is renumbered from Section 41-6-133 is
renumbered and amended to read:
[
[
equipped with [
vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in
approaching, overtaking, or passing.
[
(2) In addition to the requirements of Subsection (1), a bus, truck, truck-tractor, trailer,
semitrailer, or pole trailer shall be equipped with hazard warning lights if the bus, truck,
truck-tractor, trailer, semitrailer, or pole trailer is 80 inches or more in overall width or 30 feet or
more in overall length [
[
(3) The hazard warning lights required under this section shall comply with [
Section 186. Section 41-6a-1612 , which is renumbered from Section 41-6-133.5 is
renumbered and amended to read:
[
[
either separately or in combination with other lamps[
(b) A back-up lamp or lamps [
forward motion.
(c) A lighted back-up lamp shall emit a white light.
[
[
(3) A back-up lamp and side marker lamp under this section shall comply with rules
made by the department under Section 41-6a-1601 .
Section 187. Section 41-6a-1613 , which is renumbered from Section 41-6-135 is
renumbered and amended to read:
[
adjacent shoulder -- Dimming of lights.
(1) (a) If a vehicle is operated on a highway or shoulder adjacent to the highway [
Subsection 41-6a-1603 (1)(a), the operator of a vehicle shall use a high or low beam distribution
of light or composite beam except as provided under Subsection (1)(c).
(b) Except as provided under Subsection (1)(c), the distribution of light or composite
beam shall be directed high enough and of sufficient intensity to reveal persons and vehicles at a
safe distance in advance of the vehicle[
(c) The operator of a vehicle shall use a low beam distribution of light or composite
beam if the [
[
[
(2) (a) The low beam distribution of light or composite beam shall be aimed to avoid
projecting glaring rays into the:
(i) eyes of an oncoming [
(ii) rearview mirror of a vehicle approached from the rear.
(b) A vehicle [
(i) the vehicle has not been significantly altered from the original vehicle manufacturer's
specifications; or
(ii) the glaring rays result from road contour or a temporary load on the vehicle.
Section 188. Section 41-6a-1614 , which is renumbered from Section 41-6-135.5 is
renumbered and amended to read:
[
sold prior to certain date.
(1) Head lamp systems which provide only a single distribution of light shall be
permitted on [
(a) a farm tractor; and
(b) other motor vehicles manufactured and sold prior to July 1, 1980[
(2) Head lamp systems authorized under this section shall comply with rules made by the
department under Section 41-6a-1601 .
Section 189. Section 41-6a-1615 , which is renumbered from Section 41-6-138 is
renumbered and amended to read:
[
[
on a highway under the conditions specified [
41-6a-1603 (1)(a) if:
(1) the motor vehicle is equipped with two lighted lamps [
the vehicle;
(2) the lamps are capable of revealing persons and vehicles 100 feet ahead [
(3) the motor vehicle is not operated at a speed in excess of 20 miles per hour.
Section 190. Section 41-6a-1616 , which is renumbered from Section 41-6-140 is
renumbered and amended to read:
[
lights -- Color of rear lights and reflectors.
(1) (a) [
Subsection (1)(b), under the conditions specified under Subsection 41-6a-1603 (1)(a), a lighted
lamp or illuminating device [
directed so that no part of the high intensity portion of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.
(b) The provisions of Subsection (1)(a) do not apply to head lamps, spot lamps, auxiliary
lamps, flashing turn signals, hazard warning lamps, and school bus warning lamps.
(c) A motor vehicle on a highway may not have more than a total of four lamps lighted
on the front of the vehicle including head lamps, auxiliary lamps, spot lamps, or any other lamp
if the lamp projects a beam of an intensity greater than 300 candlepower.
(2) Except [
emergency vehicle and a school bus, a person may not [
equipment [
blue light that is visible from directly in front of the center of the vehicle.
[
[
(3) A person may not use flashing lights on a vehicle except for:
(a) taillights of bicycles under Section 41-6a-1114 ;
(b) authorized emergency vehicles under rules made by the department under Section
41-6a-1601 ;
(c) turn signals under Section 41-6a-1604 ;
(d) hazard warning lights under Sections 41-6a-1608 and 41-6a-1611 ;
(e) school bus flashing lights under Section 41-6a-1302 ; and
(f) vehicles engaged in highway construction or maintenance under Section 41-6a-1617 .
(4) A person may not use a rotating light on any vehicle other than an authorized
emergency vehicle.
[
Section 191. Section 41-6a-1617 , which is renumbered from Section 41-6-140.20 is
renumbered and amended to read:
[
Transportation department to adopt rules for lighting.
[
Act, the Department of Transportation shall [
construction or maintenance operations.
(2) The standards and specifications adopted under Subsection (1) shall correlate with,
and where possible conform to, the standards set forth in the most recent edition of the "Manual
on Uniform Traffic Control Devices for Streets and Highways" and other standards issued or
endorsed by the federal highway administrator.
[
construction or maintenance operations shall comply with rules adopted under this section.
Section 192. Section 41-6a-1618 , which is renumbered from Section 41-6-141 is
renumbered and amended to read:
[
prohibited.
[
(1) Except as provided under Subsection (2), a person may not use, have for sale, sell, or
offer for sale for use [
semitrailer, or pole trailer [
rear lamp, signal lamp [
parts of [
performance, unless [
specifications adopted under Section 41-6a-1601 .
(2) The provisions of Subsection (1) do not apply to equipment in actual use [
[
[
(3) A person may not use on a motor vehicle, trailer, semitrailer, or pole trailer any lamps
[
accordance with [
Section 193. Section 41-6a-1619 , which is renumbered from Section 41-6-141.5 is
renumbered and amended to read:
[
Trademark or brand name.
[
comply with the standards adopted under Section 41-6a-1601 including any lamp, reflector,
hydraulic brake fluid, seat belt, safety glass, emergency disablement warning device, studded tire,
motorcycle helmet, eye protection device for motorists, or red rear bicycle reflector [
[
(2) Any equipment described under Subsection (1) or Section 41-6a-1618 or any package
containing the equipment shall bear the manufacturer's trademark or brand name unless it
complies with identification requirements of the United States Department of Transportation or
other federal agencies.
Section 194. Section 41-6a-1620 , which is renumbered from Section 41-6-143 is
renumbered and amended to read:
[
equipment.
[
lighting device or other safety equipment, component or assembly of a type for which approval is
specifically required [
(b) The department shall consider the part for approval within a reasonable time after
[
[
issuance of an approval certificate, and the expiration or renewal of approval for any part under
Subsection (1).
(b) (i) The procedure may provide for submission of [
the [
(ii) Approval issued by the association under Subsection (1)(b)(i) shall have the same
force and effect as if it has been issued by the [
(c) The [
components, or assemblies which have been approved by [
(d) [
under Section [
it to be renewed under [
Section 195. Section 41-6a-1621 , which is renumbered from Section 41-6-143.5 is
renumbered and amended to read:
[
devices -- Revocation of approval -- Reapproval.
[
(1) If the department has reason to believe that a [
[
department shall, upon 30 days' notice to the [
conduct a hearing [
whether the part should remain approved.
(2) (a) After the hearing, the [
device meets the requirements of the applicable standard.
(b) If the device does not meet those requirements, the [
give notice to the [
department's intention to revoke the approval.
(c) If the [
[
standard within 90 days of the notice[
the approval, the department shall revoke the approval [
(3) When an approval has been revoked under this section:
(a) the department:
(i) shall require the withdrawal of all [
(ii) may require that all devices sold since the notification of the department's intention to
revoke the approval be replaced by [
[
(b) A part that has been revoked under this section may not be approved again unless a
new application and approval is received.
(c) The department may require that as a condition for a new approval of the same or
similar part all previously [
removed from the market [
Section 196. Section 41-6a-1622 , which is renumbered from Section 41-6-144 is
renumbered and amended to read:
[
Prohibition against sale of substandard devices -- Injunction -- Review -- Appeal.
[
[
part.
[
for sale, the [
person is in violation of Section [
sale is prohibited.
[
unapproved or substandard devices, the [
district court of the county in which the person maintains a place of business to enjoin any further
sale or offer of sale of [
(b) An injunction under Subsection (3)(a) shall be issued upon a prima facie showing
that: [
(i) the part is of a type required to be approved by the [
under this part;
(ii) the part has not been approved; and [
(iii) the part is being sold or offered for sale[
[
review of the court's order in the county in which the injunction was issued.
(b) A copy of [
department and the [
an answer, but [
(c) At the hearing [
and shall only receive evidence as to whether the [
(i) are of a type for which approval by the [
(ii) have not been [
(iii) are [
(d) Following a hearing under Subsection (4)(c), the injunction shall be continued if the
court finds that each condition under Subsection (4)(c) has been met.
[
civil appeals from the district court.
Section 197. Section 41-6a-1623 , which is renumbered from Section 41-6-145 is
renumbered and amended to read:
[
requirements by department.
[
service braking system which will stop the motor vehicle or combination of vehicles within:
(a) 40 feet from an initial speed of 20 miles per hour on a level, dry, smooth, hard
surface; or [
(b) a shorter distance as may be specified by the department in accordance with federal
standards.
[
brake system:
(a) adequate to hold the motor vehicle or combination of vehicles on any grade on which
it is operated under all conditions of loading on a surface free from snow, ice or loose material;
or
(b) which [
in accordance with federal standards.
[
for safe operation, the department may by [
accordance with federal standards.
[
Section 198. Section 41-6a-1624 , which is renumbered from Section 41-6-145.5 is
renumbered and amended to read:
[
Penalty.
(1) As used in this section, "person" includes the owner or lessee of a motor vehicle, a
body shop, dealer, remanufacturer, salvage rebuilder, vehicle service maintenance facility, or any
entity or individual engaged in the repair or replacement of motor vehicles or airbag passive
restraint systems.
(2) Except as provided under Subsection (3), if a repair to a vehicle to be used on a
highway is initiated, a person who has actual knowledge that a motor vehicle's airbag passive
restraint system is damaged or has been deployed may not fail or cause another person to fail to
fully restore, arm, and return to original operating condition, the motor vehicle's airbag passive
restraint system.
(3) In the course of repairing a motor vehicle, a person who has actual knowledge that
the motor vehicle's airbag passive restraint system is damaged or has been deployed shall notify
the owner or lessee of the vehicle, in a form approved by the Department of Public Safety, that
the failure to repair and fully restore the motor vehicle's airbag passive restraint system is a class
B misdemeanor.
(4) Unless acting under a dismantling permit under Section 41-1a-1010 , a person may
not remove or modify a motor vehicle's airbag passive restraint system with the intent of
rendering the motor vehicle's airbag passive restraint system inoperable.
(5) A person who violates this section is guilty of a class B misdemeanor.
Section 199. Section 41-6a-1625 , which is renumbered from Section 41-6-146 is
renumbered and amended to read:
[
[
equipped with a horn or other warning device in good working order [
(b) The horn or other warning device:
(i) shall be capable of emitting sound audible under normal conditions from a distance of
not less than 200 feet[
(ii) may not emit an unreasonably loud or harsh sound or a whistle.
(c) The [
(i) when reasonably necessary to insure safe operation, shall give audible warning with
[
the horn; and
(ii) except as provided under Subsection (1)(c)(i), may not use the horn on a highway.
(2) Except as provided under this section, a vehicle may not be equipped with [
[
signal. [
(b) A theft alarm signal device may:
(i) use a whistle, bell, horn or other audible signal [
(ii) not use a siren.
[
whistle, or bell[
not less than 500 feet [
(b) The type of sound shall be approved by the department[
on standards adopted by rules under Section 41-6a-1601 .
(c) The siren on an authorized emergency vehicle may not be used except:
(i) when [
(ii) in the immediate pursuit of an actual or suspected violator of the law[
(d) The operator of an authorized emergency vehicle shall sound [
accordance with this section when reasonably necessary to warn pedestrians and other [
vehicle operators of the approach [
Section 200. Section 41-6a-1626 , which is renumbered from Section 41-6-147 is
renumbered and amended to read:
[
pollution control devices.
(1) (a) [
excessive or unusual noise.
(b) [
effective noise suppressing system in good working order and in constant operation.
(c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
(2) (a) [
temperature, the engine and power mechanism of [
(i) gasoline-powered motor vehicle may not emit visible contaminants during operation
[
[
emit visible contaminants of a shade or density darker than 20% opacity[
[
emit visible contaminants of a shade or density darker than 40% opacity[
[
(b) A person who violates the provisions of Subsection (2)(a) is guilty of a class C
misdemeanor.
(3) (a) [
devices [
(b) [
may be substituted for the manufacturer's original device if the substituted device is at least as
effective in the reduction of emissions from the vehicle motor as the air pollution control
[
[
(c) [
misdemeanor.
(4) Subsection (3) does not apply to a motor [
use clean fuel, as defined under Section 59-13-102 , when the emissions from the modified or
altered motor vehicle are at levels that comply with existing state or federal standards for the
emission of pollutants from a motor [
[
[
[
[
Section 201. Section 41-6a-1627 , which is renumbered from Section 41-6-148 is
renumbered and amended to read:
[
[
side of the vehicle [
(b) A mirror under Subsection (1)(a) shall be located [
the highway to the rear of the vehicle.
[
(2) (a) Except for a motorcycle, in addition to the mirror required under Subsection (1), a
motor vehicle shall be equipped with [
approximately in the center or outside the vehicle on the right side [
(b) The mirror under Subsection (2)(a) shall be located [
of the highway to the rear of the vehicle.
Section 202. Section 41-6a-1628 , which is renumbered from Section 41-6-148.10 is
renumbered and amended to read:
[
Specifications or requirements.
[
(1) A safety belt [
accommodate an adult person shall be designed and installed [
materially reduce the movement of the person using the [
collision or upset of the vehicle.
[
[
41-6a-1601 .
Section 203. Section 41-6a-1629 , which is renumbered from Section 41-6-148.29 is
renumbered and amended to read:
[
41-6a-1633 -- Definitions.
[
[
41-6a-1633 :
[
[
vehicle or, for vehicles with unitized body construction, the lowest longitudinal structural
member of the body of the vehicle.
[
point on the frame. The distance is measured when the vehicle is unladen and on a level surface.
[
vehicle weight rating, whether or not the vehicle is modified by use of parts not originally
installed by the original manufacturer.
[
motor vehicles utilizing new parts or components, or a person defined as a manufacturer in
current applicable Federal Motor Vehicle Safety Standards [
[
the axles, chassis, suspension, or body by any means, including tires and wheels, and excluding
any load, which affects the frame height of the motor vehicle.
[
[
tires, which were installed in or on a motor vehicle or available as an option for the particular
vehicle from the original manufacturer at the time of its delivery to the first purchaser.
[
on the same axle. On vehicles having dissimilar axle widths, the axle with the widest distance is
used for all calculations.
(2) (a) Except as provided in Subsection (2)(b), the provisions of Sections 41-6a-1629
through 41-6a-1633 apply to all motor vehicles with an original manufacturer's gross vehicle
weight rating of 15,000 pounds or less operated or parked on a highway.
[
41-6a-1633 do not apply to the following vehicles:
[
[
[
[
[
original condition as is reasonably possible.
Section 204. Section 41-6a-1630 , which is renumbered from Section 41-6-148.31 is
renumbered and amended to read:
[
(1) The following standards apply to vehicles under Sections [
through [
(a) [
be:
(i) designed and capable of performing the function for which they are intended; and
[
(ii) equal to or greater in strength and durability than the original parts provided by the
original manufacturer.
(b) Except for original equipment, [
wheel track width of [
(c) [
of [
(d) [
[
(2) (a) In doubtful or unusual cases, or to meet specific industrial requirements,
personnel of the Utah Highway Patrol shall inspect the vehicle to determine:
(i) the road worthiness and safe condition of the vehicle; and
(ii) whether it complies with Sections [
41-6a-1633 .
(b) If the vehicle complies, the Utah Highway Patrol shall issue a permit of approval that
shall be carried in the vehicle.
(3) (a) Upon notice to the party to whom the motor vehicle is registered, the [
altered, or modified in violation of Sections [
41-6a-1633 .
(b) The Motor Vehicle Division shall, under Subsection 41-1a-109 (1)(e) or (2), refuse to
register any motor vehicle it has reason to believe is equipped, altered, or modified in violation of
Sections [
Section 205. Section 41-6a-1631 , which is renumbered from Section 41-6-148.32 is
renumbered and amended to read:
[
(1) A person may not operate on [
is mechanically altered or changed:
(a) in any way that may under normal operation:
(i) cause the motor vehicle body or chassis to come in contact with the roadway[
(ii) expose the fuel tank to damage from collision[
(iii) cause the wheels to come in contact with the body [
(b) in any manner that may impair the safe operation of the vehicle;
(c) so that any part of the vehicle other than tires, rims, and mudguards are less than three
inches above the ground;
(d) to a frame height of more than 24 inches for a motor vehicle with a gross vehicle
weight rating of less than 4,500 pounds;
(e) to a frame height of more than 26 inches for a motor vehicle with a gross vehicle
weight rating of at least 4,500 pounds and less than 7,500 pounds;
(f) to a frame height of more than 28 inches for a motor vehicle with a gross vehicle
weight rating of at least 7,500 pounds;
(g) by stacking or attaching vehicle frames (one from on top of or beneath another
frame); or
(h) so that the lowest portion of the body floor is raised more than three inches above the
top of the frame.
(2) If the wheel track is increased beyond the O.E.M. specification, the top 50% of the
tires shall be covered by the original fenders, by rubber, or other flexible fender extenders under
any loading condition.
[
Section 206. Section 41-6a-1632 , which is renumbered from Section 41-6-148.33 is
renumbered and amended to read:
[
(1) [
the motor vehicle, except [
manufactured with a bumper or bumpers.
(2) (a) On [
shall be:
(i) at least 4.5 inches in vertical height;
(ii) centered on the vehicle's center line; and
(iii) extend no less than the width of the respective wheel track distance.
(b) [
attached to the motor vehicle's frame to effectively transfer impact when engaged.
(3) [
bumper, the [
(a) be maintained in operational condition; and [
(b) comply with this section.
Section 207. Section 41-6a-1633 , which is renumbered from Section 41-6-150.10 is
renumbered and amended to read:
[
trailers, truck tractors, or altered motor vehicles -- Exemptions.
[
[
operated on a highway, the following vehicles shall be equipped with wheel covers, mudguards,
flaps, or splash aprons behind the rearmost wheels to prevent, as far as practicable, the wheels
from throwing dirt, water, or other materials on other vehicles:
(i) a vehicle that has been altered:
(A) from the original manufacturer's frame height; or
(B) in any other manner so that the motor vehicle's wheels may throw dirt, water, or
other materials on other vehicles;
(ii) any truck with a gross vehicle weight rating of 10,500 pounds or more;
(iii) any truck tractor; and
(iv) any trailer or semitrailer with an unladen weight of 750 pounds or more.
(b) The wheel covers, mudguards, flaps, or splash aprons shall:
(i) be at least as wide as the tires they are protecting;
(ii) be directly in line with the tires; and
(iii) have a ground clearance of not more than 50% of the diameter of a rear-axle wheel,
under any conditions of loading of the motor vehicle.
[
(a) if the motor vehicle, trailer, or semitrailer is designed and constructed so that the
requirements of Subsection (1) are accomplished by means of fenders, body construction, or
other means of enclosure[
[
(b) on a vehicle operated or driven during fair weather on well-maintained,
hard-surfaced roads if the motor vehicle:
[
[
[
[
by fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means
extending rearward at least to the center line of the rearmost axle.
Section 208. Section 41-6a-1634 , which is renumbered from Section 41-6-148.40 is
renumbered and amended to read:
[
Exceptions.
[
(1) A towed vehicle shall be coupled by means of a safety chain, cable or equivalent
device, in addition to the regular trailer hitch or coupling.
[
equivalent device shall be:
(a) securely connected with the chassis of the towing vehicle, the towed vehicle, and the
drawbar[
(b) [
becoming separated[
(c) attached to:
(i) have no more slack than is necessary for proper turning[
[
(ii) the trailer drawbar [
(iii) assure the towed vehicle follows substantially in the course of the towing vehicle in
case the vehicles become separated.
[
(3) The provisions of Subsection (2) do not apply to a:
(a) semitrailer having a connecting device composed of a fifth wheel and king pin
assembly[
(b) pole trailer.
Section 209. Section 41-6a-1635 , which is renumbered from Section 41-6-149 is
renumbered and amended to read:
[
reducing visibility -- Wipers -- Prohibitions.
(1) Except as provided in Subsections (2) and (3), a person may not operate a motor
vehicle with:
(a) a windshield that allows less than 70% light transmittance;
(b) a front side window that allows less than 43% light transmittance;
(c) any windshield or window that is composed of, covered by, or treated with any
material or component that presents a metallic or mirrored appearance; or
(d) any sign, poster, or other nontransparent material on the windshield[
side windows of the motor vehicle except:
(i) a certificate or other paper required to be so displayed by law; or
(ii) the vehicle's identification number displayed or etched in accordance with rules made
by the department under Section 41-6a-1601 .
(2) Nontransparent materials may be used:
(a) along the top edge of the windshield if the materials do not extend downward more
than four inches from the top edge of the windshield or beyond the AS-1 line whichever is
lowest;
(b) in the lower left-hand corner of the windshield provided they do not extend more than
three inches to the right of the left edge or more than four inches above the bottom edge of the
windshield; or
(c) on the rear windows.
(3) A windshield or other window is considered to comply with the requirements of
Subsection (1) if the windshield or other window meets the federal statutes and regulations for
motor vehicle window composition, covering, light transmittance, and treatment.
(4) Except for material used on the windshield in compliance with Subsections (2)(a) and
(b), a motor vehicle with tinting or nontransparent material on any window shall be equipped
with rear-view mirrors mounted on the left side and on the right side of the motor vehicle to
reflect to the driver a view of the highway to the rear of the motor vehicle.
(5) (a) (i) The windshield on [
cleaning rain, snow, or other moisture from the windshield.
(ii) The device shall be constructed to be operated by the [
vehicle.
(b) [
order.
(6) [
windshield or window in violation of this section.
[
(7) Notwithstanding this section, any person subject to the federal Motor Vehicle Safety
Standards, including motor vehicle manufacturers, distributors, dealers, importers, and repair
businesses, shall comply with the federal standards on motor vehicle window tinting.
Section 210. Section 41-6a-1636 , which is renumbered from Section 41-6-150 is
renumbered and amended to read:
[
transportation department -- Winter use of studs -- Special permits -- Tread depth.
[
surface at least one inch thick above the edge of the flange of the entire periphery.
[
vehicle, trailer, or semitrailer having [
[
a vehicle that is moved on a highway [
block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber
which [
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Transportation may make rules to permit the use of tires on a vehicle having
protuberances other than rubber [
protuberances do not:
(a) damage the highway significantly[
(b) constitute a hazard to life, health, or property. [
(5) Notwithstanding any other provision of this section, a person may use:
(a) a tire with protuberances consisting of tungsten carbide studs on a vehicle if the studs:
(i) are only used during the winter periods of October fifteenth through December
thirty-first and January first through March thirty-first of each year [
(ii) do not project beyond the tread of the traction surface of the tire more than .050
inches; [
(iii) are not used on a vehicle with a maximum gross weight in excess of 9,000 pounds
unless the vehicle is an emergency vehicle or school bus[
(b) farm machinery with tires having protuberances which will not injure the highway[
(c) tire chains of reasonable proportions [
because of snow, ice, or other conditions tending to cause a vehicle to skid.
[
(6) Notwithstanding any other provision of this chapter, a highway authority, for a
highway under its jurisdiction, may issue special permits authorizing the operation [
highway of:
(a) farm tractors;
(b) other farm machinery; or
(c) traction engines or tractors having movable tracks with transverse corrugations
[
[
tires in use on [
(i) is in an unsafe operating condition; or
(ii) has a tread depth less than 2/32 inch measured in any two adjacent tread grooves at
three equally spaced intervals around the circumference of the tire [
(b) The measurement under Subsection (7)(a) may not be made at the location of any
tread wear indicator, tie bar, hump, or fillet.
[
highway use any tire [
Section 211. Section 41-6a-1637 , which is renumbered from Section 41-6-152 is
renumbered and amended to read:
[
reflector units -- Duty to carry in trucks and buses -- Requirements.
[
the equipment required under this section, a person [
truck-tractor, or [
(a) on a highway outside an urban district; or [
(b) on a divided highway [
[
(i) three flares [
(ii) three red electric lanterns [
(iii) three portable red emergency reflectors[
(iv) three red-burning fusees.
(b) The equipment required under Subsections (2)(a)(i) and (ii) shall be capable of being
seen and distinguished at a distance of not less than 600 feet under normal atmospheric
conditions [
(c) The equipment required under Subsection (2)(a)(iii) shall be capable of reflecting red
light clearly visible from a distance of not less than 600 feet under normal atmospheric
conditions during the hours of darkness when directly in front of lawful lower beams of head
lamps.
(3) A flare, fusee, electric lantern [
41-6a-1638 shall comply with specifications adopted under Section 41-6a-1601 .
[
[
any cargo tank truck used for the transportation of flammable liquids or compressed gases under
the conditions specified under Subsections (1)(a) and (b) unless there [
[
(i) three red electric lanterns; or
(ii) three portable red emergency reflectors [
(b) A person operating a vehicle specified under Subsection (4)(a) or a vehicle using
compressed gas as a motor fuel[
signal produced by flame.
[
divided highway [
than 12 inches square, with standards to support [
Section 212. Section 41-6a-1638 , which is renumbered from Section 41-6-153 is
renumbered and amended to read:
[
place.
(1) (a) [
trailer 80 inches or more in over-all width or 30 feet or more in over-all length is stopped [
on a roadway or adjacent shoulder, the [
hazard warning signal lamps meeting the requirements of Section [
(b) The signal lights need not be displayed by a vehicle:
(i) parked lawfully in an urban district;
(ii) stopped lawfully to receive or discharge passengers;
(iii) stopped to avoid conflict with other traffic or to comply with the directions of a
peace officer or an official traffic-control device; or
(iv) while the devices specified in Subsections (2) through [
(2) (a) Except as provided in Subsection (3), [
[
minutes[
of the vehicle shall display the following warning devices:
[
reflector shall immediately be placed at the traffic side of the vehicle in the direction of the
nearest approaching traffic; and
[
warning devices under Subsection (2)(a)(i) but within the burning period of the fusee (15
minutes), the driver shall place three liquid-burning flares (pot torches), or three lighted red
electric lanterns, or three portable red emergency reflectors on the roadway in the following
order:
[
occupied by [
[
and in the center of the traffic lane occupied by the vehicle; and
[
forward of the disabled vehicle in the direction of the nearest approaching traffic.
(b) If a lighted red electric lantern or a red portable emergency reflector has been placed
at the traffic side of the vehicle in accordance with Subsection (2)[
required.
(3) [
stopped for more than ten minutes:
(a) within 500 feet of a curve, hillcrest, or other obstruction to view, the warning device
in that direction shall be [
but in no case less than 100 feet [
(b) [
warning devices [
follows:
(i) one at a distance of approximately 200 feet from the vehicle in the center of the lane
occupied by the stopped vehicle and in the direction of traffic approaching in that lane;
(ii) one at a distance of approximately 100 feet from the vehicle, in the center of the lane
occupied by the vehicle and in the direction of traffic approaching in that lane; and
(iii) one at the traffic side of the vehicle and approximately ten feet from the vehicle in
the direction of the nearest approaching traffic; or
(c) [
divided highway [
under the conditions specified under Subsection 41-6a-1603 (1), the driver of the vehicle shall
display two red flags as follows:
(i) if traffic on the roadway moves in two directions, one flag shall be placed
approximately 100 feet to the rear and one flag approximately 100 feet in advance of the vehicle
in the center of the lane occupied by [
(ii) [
one flag approximately 200 feet to the rear of the vehicle in the center of the lane occupied by
[
(4) [
any cargo tank truck used for the transportation of any flammable liquid or compressed gas is
disabled, or stopped for more than ten minutes, at any time and place [
under Subsection (2) or (3), the [
electric lanterns or portable red emergency reflectors in the same number and manner as
specified in [
[
(5) The warning devices [
within a distance of 1,000 feet.
(6) [
stopped entirely off the roadway and on an adjacent shoulder, the warning devices shall be
placed, as nearly as practicable, on the shoulder near the edge of the roadway.
[
Section 213. Section 41-6a-1639 , which is renumbered from Section 41-6-154 is
renumbered and amended to read:
[
extinguishers.
[
Rulemaking Act, the Department of Transportation shall [
(b) The rules shall adopt by reference or be consistent with current Hazardous Materials
Regulations of the United States Department of Transportation. [
(c) An adoption by reference under Subsection (1)(b) shall be construed to incorporate
amendments thereto as may be made from time to time.
[
cargo or part of a cargo [
made by the Department of Transportation [
section[
[
(a) marked or placarded [
[
(b) equipped with fire extinguishers:
(i) of a type, size, and number approved by [
(ii) that are filled [
vehicle [
Section 214. Section 41-6a-1640 , which is renumbered from Section 41-6-154.10 is
renumbered and amended to read:
[
[
equipment [
motor vehicle.
[
(a) be manufactured, installed, and maintained with due regard for the safety of the
occupants of the vehicle and the public; and [
(b) not contain any refrigerant which is toxic to persons or which is flammable.
[
[
motor vehicle with [
[
[
highway if the motor vehicle is equipped with [
unless [
adopted under Section 41-6a-1601 and this section.
Section 215. Section 41-6a-1641 , which is renumbered from Section 41-6-154.20 is
renumbered and amended to read:
[
visible to driver -- Exceptions.
(1) A motor vehicle may not be operated on a highway if the motor vehicle is equipped
with [
(2) This section does not prohibit the use of [
video display used exclusively for:
(a) safety or law enforcement purposes if the use is approved by rule of the department
under Section 41-6a-1601 ; [
(b) motor vehicle navigation[
(c) monitoring of equipment and operating systems of the motor vehicle.
Section 216. Section 41-6a-1642 , which is renumbered from Section 41-6-163.6 is
renumbered and amended to read:
[
(1) The legislative body of each county required under federal law to utilize a motor
vehicle emissions inspection and maintenance program or in which an emissions inspection and
maintenance program is necessary to attain or maintain any national ambient air quality standard
shall require:
(a) a certificate of emissions inspection, a waiver, or other evidence the motor vehicle is
exempt from emissions inspection and maintenance program requirements be presented:
(i) as a condition of registration or renewal of registration; and
(ii) at other times as the county legislative body may require to enforce inspection
requirements for individual motor vehicles, except that the county legislative body may not
routinely require a certificate of emission inspection, or waiver of [
often than required under Subsection (6) ; and
[
(b) compliance with this section for a motor vehicle registered or principally operated in
the county and owned by or being used by a department, division, instrumentality, agency, or
employee of:
(i) the federal government;
(ii) the state and any of its agencies; or
(iii) a political subdivision of the state, including school districts.
(2) (a) The legislative body of a county identified in Subsection (1), in consultation with
the Air Quality Board created under Section 19-1-106 , shall make [
ordinances regarding:
(i) emissions standards[
(ii) test procedures[
(iii) inspections stations[
(iv) repair requirements and dollar limits for correction of deficiencies[
(v) certificates of emissions inspections [
(b) The regulations or ordinances shall:
(i) be made to attain or maintain ambient air quality standards in the county, consistent
with the state implementation plan and federal requirements[
(ii) may allow for a phase-in of the program by geographical area.
(c) The county legislative body and the [
to an inspection and maintenance program that is:
[
ambient air quality standards and meet federal requirements;
[
with regard to ambient air quality standards and to meet federal air quality requirements as
related to vehicle emissions; and
[
emission testing equipment made obsolete by the program[
(d) The provisions of Subsection (2)(c)(iii) apply only to the extent the phase-out:
(i) may be accomplished in accordance with applicable federal requirements; and [
(ii) does not otherwise interfere with the attainment and maintenance of ambient air
quality standards. [
(3) [
this section:
(a) an implement of husbandry; and [
(b) a motor vehicle that:
(i) meets the definition of a farm truck under Section 41-1a-102 ; and
(ii) has a gross vehicle weight rating of 12,001 pounds or more [
(4) (a) The legislative body of a county identified in Subsection (1) shall exempt [
pickup truck, as defined in Section 41-1a-102 , [
pounds or less from the emission inspection requirements of this section, if the registered owner
of the pickup truck provides a signed statement to the legislative body stating the truck is used:
(i) by the owner or operator of a farm located on property that qualifies as land in
agricultural use under Sections 59-2-502 and 59-2-503 ; and
(ii) exclusively for the following purposes in operating the farm:
(A) for the transportation of farm products, including livestock and its products, poultry
and its products, floricultural and horticultural products; and
(B) in the transportation of farm supplies, including tile, fence, and every other thing or
commodity used in agricultural, floricultural, horticultural, livestock, and poultry production and
maintenance.
(b) The county shall provide to the registered owner who signs and submits a signed
statement under this section a certificate of exemption from emission inspection requirements for
purposes of registering the exempt vehicle.
(5) (a) Each college or university located in a county subject to this section shall require
its students and employees who park [
provide proof of compliance with an emissions inspection accepted by the county legislative
body if the motor vehicle is parked on the college or university campus or property.
(b) College or university parking areas that are metered or for which payment is required
per use are not subject to the requirements of this Subsection (5).
(6) (a) An emissions inspection station shall issue a certificate of emissions inspection
for each motor vehicle that meets the inspection and maintenance program requirements
established in rules made under Subsection (2).
(b) The frequency of the emissions inspection shall be determined based on the age of the
vehicle as determined by model year and shall be required annually subject to the provisions of
Subsection (6)(c).
(c) (i) To the extent allowed under the current federally approved state implementation
plan, in accordance with the federal Clean Air Act, 42 U.S.C. Sec. 7401 et seq., the legislative
body of a county identified in Subsection (1) shall only require the emissions inspection every
two years for each vehicle.
(ii) The provisions of Subsection (6)(c)(i) apply only to a vehicle that is less than six
years old on January 1.
(d) If an emissions inspection is only required every two years for a vehicle under
Subsection (6)(c), the inspection shall be required for the vehicle in:
(i) odd-numbered years for vehicles with odd-numbered model years; or
(ii) in even-numbered years for vehicles with even-numbered model years.
(7) The emissions inspection shall be required within the same time limit applicable to a
safety inspection under Section 41-1a-205 .
(8) (a) [
and monitor the program.
(b) [
an appropriate legislative committee, as designated by the Legislative Management Committee,
at times determined by [
funding needs.
(9) If approved by the county legislative body, a county that had an established emissions
inspection fee as of January 1, 2002, may increase the established fee that an emissions
inspection station may charge by $2.50 for each year that is exempted from emissions inspections
under Subsection (6)(c) up to a $7.50 increase.
Section 217. Section 41-6a-1643 , which is renumbered from Section 41-6-163.7 is
renumbered and amended to read:
[
and maintenance program.
(1) The county legislative body of each county in which an emissions inspection and
maintenance program for motor vehicles is implemented to meet National Ambient Air Quality
Standards may enter into an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, to
develop an emissions inspection and maintenance program that:
(a) requires standardized, computerized testing equipment;
(b) provides for reciprocity, so that a person required to submit an emissions certificate
for vehicle registration may obtain an emissions certificate from any county in which a vehicle
emissions inspection and maintenance program is in operation; and
(c) requires standardized emissions standards for all counties entering into an agreement
under this section.
(2) Emissions standards set under Subsection (1) shall allow all counties identified in
Subsection (1) to meet the National Ambient Air Quality Standards.
(3) Each county legislative body entering into an agreement under Subsection (1) shall
make regulations or ordinances to implement the emissions inspection and maintenance program
developed under Subsection (1).
Section 218. Section 41-6a-1644 , which is renumbered from Section 41-6-163.8 is
renumbered and amended to read:
[
Monitoring.
The legislative body of each county required by the comprehensive plan for air pollution
control developed by the Air Quality Board under Subsection 19-2-104 (3)(e) to use an emissions
opacity inspection and maintenance program for diesel-powered motor vehicles shall:
(1) make regulations or ordinances to implement and enforce the requirement established
by the Air Quality Board;
(2) collect information about and monitor the program; and
(3) by August 1 of each year supply written information to the Department of
Environmental Quality to identify program status.
Section 219. Section 41-6a-1701 , which is renumbered from Section 41-6-106 is
renumbered and amended to read:
[
[
unless [
[
vehicle on a shoulder or roadway of [
Section 220. Section 41-6a-1702 , which is renumbered from Section 41-6-106.10 is
renumbered and amended to read:
[
(1) Except for a bicycle or device propelled by human power, a person may not operate a
vehicle [
(2) The provisions of Subsection (1) do not apply on a driveway.
Section 221. Section 41-6a-1703 , which is renumbered from Section 41-6-108 is
renumbered and amended to read:
[
motor vehicle -- Exceptions.
[
a motor vehicle [
[
(2) This provision [
(a) a vehicle that is not being operated on a highway;
(b) an employee engaged in the necessary discharge of [
(c) a person riding within or [
a load on [
Section 222. Section 41-6a-1704 , which is renumbered from Section 41-6-108.10 is
renumbered and amended to read:
[
[
moving traffic unless [
interfering with the movement of other traffic[
(2) A person may not leave a door open on a side of a vehicle available to moving traffic
for a period of time longer than necessary to load or unload passengers.
Section 223. Section 41-6a-1705 , which is renumbered from Section 41-6-109 is
renumbered and amended to read:
[
(1) [
when there are in the front seat [
persons that:
(a) obstruct the view of the [
(b) interfere with the [
vehicle.
(2) [
(a) view ahead or to the sides[
(b) control over the driving mechanism of the vehicle.
Section 224. Section 41-6a-1706 , which is renumbered from Section 41-6-109.5 is
renumbered and amended to read:
[
moved on highway prohibited.
(1) A person may not occupy a trailer or semitrailer while it is being drawn by a motor
vehicle [
(2) This section does not apply to a:
(a) livestock trailer or livestock semitrailer;
(b) trailer or semitrailer being used for participation in a parade; or
(c) trailer or semitrailer being used in an agricultural operation.
Section 225. Section 41-6a-1707 , which is renumbered from Section 41-6-109.10 is
renumbered and amended to read:
[
grade -- Sufficient space required.
[
crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other
side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle [
notwithstanding any traffic-control signal indication to proceed.
Section 226. Section 41-6a-1708 , which is renumbered from Section 41-6-110 is
renumbered and amended to read:
[
The [
mountain highways shall:
(1) hold [
roadway as reasonably possible; and[
(2) except when driving entirely on the right of the center of the roadway [
audible warning with the horn of [
view is obstructed within a distance of 200 feet along the highway.
Section 227. Section 41-6a-1709 , which is renumbered from Section 41-6-111 is
renumbered and amended to read:
[
[
downgrade [
[
downgrade [
Section 228. Section 41-6a-1710 , which is renumbered from Section 41-6-112 is
renumbered and amended to read:
[
[
an authorized emergency vehicle, the operator of a vehicle may not:
(1) follow closer than 500 feet any fire apparatus traveling in response to a fire alarm
[
(2) stop the vehicle within 500 feet of [
to a fire alarm.
Section 229. Section 41-6a-1711 , which is renumbered from Section 41-6-113 is
renumbered and amended to read:
[
[
of a fire department when laid down on [
[
Section 230. Section 41-6a-1712 , which is renumbered from Section 41-6-114 is
renumbered and amended to read:
[
recreation areas, waterways, or other public or private lands -- Throwing lighted material
from moving vehicle -- Enforcement officers -- Litter receptacles required.
(1) [
or to permit to be dropped, thrown, deposited, or discarded [
park, recreation area, or other public or private land, or waterway, any glass bottle, glass, nails,
tacks, wire, cans, barbed wire, boards, trash or garbage, paper or paper products, or any other
substance which would or could mar or impair the scenic aspect or beauty of the land in the state
whether under private, state, county, municipal, or federal ownership without the permission of
the owner or person having control or custody of the land.
(2) [
thrown, deposited, or discarded, [
other public or private land or waterway any destructive, injurious, or unsightly material shall:
(a) immediately remove the material or cause it to be removed; and
(b) deposit the material in a receptacle designed to receive the material.
(3) [
take whatever measures are reasonably necessary to keep the material from littering public or
private property or public roadways.
(4) [
highway, park, recreation area, or other public or private land shall remove any glass or other
injurious substance dropped from the vehicle [
recreation area, or other public or private land.
(5) [
vehicle.
(6) Except as provided in Section 72-7-409 , any person transporting loose cargo by truck,
trailer, or other motor vehicle shall secure the cargo in a reasonable manner to prevent the cargo
from littering or spilling on both public and private property or public roadways.
(7) [
steps to prevent the accumulation of litter at the construction or demolition site.
(8) (a) [
officer as defined in Section 53-13-103 , within the law enforcement officer's jurisdiction, shall
enforce the provisions of this section.
(b) Each officer in Subsection (8)(a) is empowered to issue citations to [
[
warrants, citations, and other process issued by any court in enforcing this section.
(9) [
service station, shopping center, grocery store parking lot, tavern parking lot, parking lots of
industrial firms, marina, boat launching area, boat moorage and fueling station, public and
private pier, beach, and bathing area shall maintain sufficient litter receptacles on the premises to
accommodate the litter that accumulates.
(10) [
[
may enact local ordinances to carry out the provisions of this section.
Section 231. Section 41-6a-1713 , which is renumbered from Section 41-6-114.1 is
renumbered and amended to read:
[
(1) [
[
for each violation.
(2) The sentencing judge may [
that the offender devote at least four hours in cleaning up:
(a) litter caused by him; and
(b) existing litter from a safe area designated by the sentencing judge.
Section 232. Section 41-6a-1714 , which is renumbered from Section 41-6-114.2 is
renumbered and amended to read:
[
The Department of Transportation shall place adequate warning signs wherever it
considers proper within the state notifying all persons using the public roads, highways, parks, or
recreation areas[
Sections 41-6a-1712 and 41-6a-1713 .
Section 233. Section 41-6a-1801 , which is renumbered from Section 41-6-181 is
renumbered and amended to read:
[
This [
Section 234. Section 41-6a-1802 , which is renumbered from Section 41-6-181.5 is
renumbered and amended to read:
[
As used in this [
(1) "Child restraint device" means a child restraint device [
41-6a-1601 .
(2) "Motor vehicle" means a vehicle defined in Section 41-1a-102 , except vehicles that
are not equipped with safety belts by the manufacturer.
(3) "Safety belt" means a safety belt or seat belt system that meets standards [
(4) "Seating position" means any area within the passenger compartment of a motor
vehicle in which the manufacturer has installed a safety belt.
Section 235. Section 41-6a-1803 , which is renumbered from Section 41-6-182 is
renumbered and amended to read:
[
device required.
(1) The [
(a) wear a properly adjusted and fastened safety belt;
(b) provide for the protection of each person younger than five years of age by using a
child restraint device to restrain each person in the manner prescribed by the manufacturer of the
device; and
(c) provide for the protection of each person five years of age up to 16 years of age by:
(i) using an appropriate child restraint device to restrain each person in the manner
prescribed by the manufacturer of the device; or [
(ii) securing, or causing to be secured, a properly adjusted and fastened safety belt on
each person.
(2) A passenger who is 16 years of age or older of a motor vehicle operated on a highway
shall wear a properly adjusted and fastened safety belt.
[
[
belt in violation of Subsection (1), it is only one offense and the driver may receive only one
citation.
[
enforcement by a state or local law enforcement officer shall be only as a secondary action when
the person has been detained for a suspected violation of Title 41, Motor Vehicles, other than
Subsection (1)(a) or (2), or for another offense.
Section 236. Section 41-6a-1804 , which is renumbered from Section 41-6-183 is
renumbered and amended to read:
[
(1) This [
(a) a motor vehicle manufactured before July 1, 1966;
(b) a motor vehicle in which the [
verification from a licensed physician that the [
safety belt for physical or medical reasons; or
(c) a motor vehicle or seating position which is not required to be equipped with a safety
belt system under federal law.
(2) This [
by other passengers.
Section 237. Section 41-6a-1805 , which is renumbered from Section 41-6-185 is
renumbered and amended to read:
[
(1) (a) A person who violates Section [
shall be fined a maximum of $45.
(b) The court shall waive all but $15 of the fine for a violation of Section [
41-6a-1803 if a person:
(i) shows evidence of completion of a two-hour course approved by the commissioner of
the Department of Public Safety that includes education on the benefits of using a safety belt and
child restraint device; and
(ii) if the violation is for an offense under Subsection [
submits proof of acquisition, rental, or purchase of a child restraint device.
(2) Points for a motor vehicle reportable violation, as defined under Section 53-3-102 ,
may not be assessed against [
Section 238. Section 41-6a-1806 , which is renumbered from Section 41-6-186 is
renumbered and amended to read:
[
The failure to use a child restraint device or to wear a safety belt:
(1) does not constitute contributory or comparative negligence on the part of a person
seeking recovery for injuries[
(2) may not be introduced as evidence in any civil litigation on the issue of negligence,
injuries, or the mitigation of damages.
Section 239. Section 41-12a-202 is amended to read:
41-12a-202. Access to accident reports.
(1) Accident reports and supplemental information as required under this chapter are
protected and are for the confidential use of the department and other state, local, or federal
government agencies and may be disclosed only as provided in Section [
(2) (a) Any person entitled to the disclosure of an accident report, as provided in Section
[
Section 63-38-3.2 .
(b) These fees shall be deposited in the General Fund.
Section 240. Section 41-12a-301 is amended to read:
41-12a-301. Definition -- Requirement of owner's or operator's security --
Exceptions.
(1) As used in this section:
(a) "highway" has the same meaning as provided in Section 41-1a-102 ; and
(b) "quasi-public road or parking area" has the same meaning as provided in Section
[
(2) Except as provided in Subsection (5):
(a) every resident owner of a motor vehicle shall maintain owner's or operator's security
in effect at any time that the motor vehicle is operated on a highway or on a quasi-public road or
parking area within the state; and
(b) every nonresident owner of a motor vehicle that has been physically present in this
state for:
(i) 90 or fewer days during the preceding 365 days shall maintain the type and amount of
owner's or operator's security required in his place of residence, in effect continuously throughout
the period the motor vehicle remains within Utah; or
(ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's or
operator's security in effect continuously throughout the period the motor vehicle remains within
Utah.
(3) (a) Except as provided in Subsection (5), the state and all of its political subdivisions
and their respective departments, institutions, or agencies shall maintain owner's or operator's
security in effect continuously for their motor vehicles.
(b) Any other state is considered a nonresident owner of its motor vehicles and is subject
to Subsection (2)(b).
(4) The United States, any political subdivision of it, or any of its agencies may maintain
owner's or operator's security in effect for their motor vehicles.
(5) Owner's or operator's security is not required for any of the following:
(a) off-highway vehicles registered under Section 41-22-3 when operated either:
(i) on a highway designated as open for off-highway vehicle use; or
(ii) in the manner prescribed by Section 41-22-10.3 ;
(b) off-highway implements of husbandry operated in the manner prescribed by
Subsections 41-22-5.5 (3) through (5);
(c) electric assisted bicycles as defined under Section [
(d) motor assisted scooters as defined under Section [
(e) personal motorized mobility device as defined under Section [
Section 241. Section 41-12a-501 is amended to read:
41-12a-501. Post-accident security.
(1) (a) Unless excepted under Subsection (2), the operator of a motor vehicle involved in
an accident in the state and any owner who has not previously satisfied the requirement of
security under Section 41-12a-301 shall file post-accident security with the department for the
benefit of persons obtaining judgments against the operator on account of bodily injury, death, or
property damage caused by the accident.
(b) The security shall be in an amount determined by the department to be sufficient to
satisfy judgments arising from bodily injury, death, or property damage resulting from the
accident that may be recovered against the operator, but may not exceed the minimum single
limit under Subsection 31A-22-304 (2).
(c) The department shall determine the amount of post-accident security on the basis of
reports and other evidence submitted to the department by interested parties, including officials
investigating the accident.
(d) In setting the amount of post-accident security, the department may not take into
account alleged damages resulting from pain and suffering.
(e) Persons who fail to file required post-accident security are subject to the penalties
under Subsection (3).
(2) The operator is exempted from the post-accident requirement under Subsection (1) if
any of the following conditions are satisfied:
(a) No bodily injury, death, or damage to the property of one person in excess of the
damage limit specified under Section [
(b) No injury, death, or property damage was suffered by any person other than the owner
or operator.
(c) The owner of the motor vehicle was in compliance with the owner's security
requirement under Section 41-12a-301 at the time of the accident and the operator had
permission from the owner to operate the motor vehicle.
(d) The operator was in compliance with the operator's security requirement under
Section 41-12a-301 at the time of the accident.
(e) The operator has filed satisfactory evidence with the department that the operator has
been released from liability, has been finally adjudicated not to be liable, or has executed a duly
acknowledged written agreement providing for the payment of an agreed amount in installments
with respect to all claims for injuries or damages resulting from the accident and is not in default
on that agreement.
(f) The motor vehicle involved in the accident was operated by a nonresident who had an
insurance policy or bond covering the accident, but not fully complying with the policy provision
requirements under Section 31A-22-302 , if the policy or bond is sufficient to provide full
recovery for claimants and the policy or bond is issued by an insurer licensed in the state.
(g) The operator at the time of the accident was operating a motor vehicle owned or
leased by the operator's employer and driven with the employer's permission.
(h) Evidence as to the extent of injuries or property damage caused by the accident has
not been submitted by or on behalf of any person affected by the accident within six months
following the date of the accident.
(i) The motor vehicle was legally parked at the time of the accident.
(j) The motor vehicle was an emergency vehicle acting in the line of duty at the time of
the accident.
(k) The motor vehicle involved in the accident is owned by the United States, this state,
or any political subdivision of this state, if the operator was using the vehicle with the permission
of the owner.
(l) The motor vehicle was legally stopped at a stop sign, traffic signal, or at the direction
of a peace officer at the time of the accident.
(3) (a) If an operator who is required to file post-accident security under Subsection (1)
does not do so within ten days after receiving notice of the requirement of security, the
department shall suspend the driver's license of the operator and all registrations of the owner, if
he is a resident of the state.
(b) If the operator is not a resident of Utah, the department shall suspend the privilege of
operating a motor vehicle within the state and of using, in the state, any owned motor vehicle.
(c) Notice of these suspensions shall be sent to the owner or operator no less than 15
days prior to the effective date of the suspension.
Section 242. Section 41-12a-502 is amended to read:
41-12a-502. Accident reports.
(1) (a) Accident reports required under Section [
information to enable the department to determine whether the owner and operator of the
automobile involved in the accident were in compliance with the security requirement of Section
41-12a-301 .
(b) The information may consist of identifying the policy, bond, or certificate's issuer and
number.
(c) The department may rely upon the accuracy of the information unless it has reason to
believe that it is erroneous.
(2) (a) The operator of a motor vehicle involved in an accident shall, unless physically
incapable, make an accident report.
(b) If the operator is physically incapable, the owner shall, if physically capable, make a
report within ten days of learning of the accident.
(c) The operator and owner shall furnish any additional relevant information the
department reasonably requests.
[
be punished as set forth under Subsection [
Section 243. Section 41-22-2 is amended to read:
41-22-2. Definitions.
As used in this chapter:
(1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
the Board of Parks and Recreation.
(2) "All-terrain type I vehicle" means any motor vehicle 52 inches or less in width,
having an unladen dry weight of 800 pounds or less, traveling on three or more low pressure
tires, having a seat designed to be straddled by the operator, and designed for or capable of travel
over unimproved terrain.
(3) "All-terrain type II vehicle" means any other motor vehicle, not defined in Subsection
(2), (9), or (20), designed for or capable of travel over unimproved terrain. This term does not
include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically
designed for recreational use, or farm tractors as defined under Section 41-1a-102 .
(4) "Board" means the Board of Parks and Recreation.
(5) "Dealer" means a person engaged in the business of selling off-highway vehicles at
wholesale or retail.
(6) "Division" means the Division of Parks and Recreation.
(7) "Low pressure tire" means any pneumatic tire six inches or more in width designed
for use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of ten
pounds per square inch or less as recommended by the vehicle manufacturer.
(8) "Manufacturer" means a person engaged in the business of manufacturing
off-highway vehicles.
(9) "Motorcycle" means every motor vehicle having a saddle for the use of the operator
and designed to travel on not more than two tires.
(10) "Motor vehicle" means every vehicle which is self-propelled.
(11) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain
type II vehicle, or motorcycle.
(12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.
(13) "Operate" means to control the movement of or otherwise use an off-highway
vehicle.
(14) "Operator" means the person who is in actual physical control of an off-highway
vehicle.
(15) "Organized user group" means an off-highway vehicle organization incorporated as
a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
(16) "Owner" means a person, other than a person with a security interest, having a
property interest or title to an off-highway vehicle and entitled to the use and possession of that
vehicle.
(17) "Public land" means land owned or administered by any federal or state agency or
any political subdivision of the state.
(18) "Register" means the act of assigning a registration number to an off-highway
vehicle.
(19) "Roadway" is used as defined in Section [
(20) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
(21) "Street or highway" means the entire width between boundary lines of every way or
place of whatever nature, when any part of it is open to the use of the public for vehicular travel.
Section 244. Section 41-22-10.2 is amended to read:
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 .
Section 245. Section 41-22-10.6 is amended to read:
41-22-10.6. Requiring compliance with traffic laws.
Any person operating an off-highway vehicle is subject to the provisions of Title 41,
Chapter [
Section 246. Section 41-22-16 is amended to read:
41-22-16. Authorized peace officers -- Arrest provisions.
(1) Any peace officer authorized under Title 53, Chapter 13, Peace Officer
Classifications, may enforce the provisions of this chapter and the rules promulgated under this
chapter.
(2) Whenever any person is arrested for any violation of the provisions of this chapter or
of the rules promulgated under this chapter, the procedure for the arrest is the same as outlined in
Sections [
Section 247. Section 41-22-32 is amended to read:
41-22-32. Certification of safety instructors.
(1) The division may certify certain qualified persons as off-highway vehicle safety
instructors. An instructor certified by the division may act in behalf of the division as an agent
in:
(a) conducting off-highway vehicle safety classes and examinations; and
(b) issuing safety certificates.
(2) A certified off-highway vehicle safety instructor shall:
(a) successfully complete an off-highway vehicle safety instructor program for the type
of vehicle instruction to be given through a program:
(i) of the division; or
(ii) recognized by the division which is conducted by an off-highway vehicle safety
organization;
(b) be at least 18 years of age and hold a valid motor vehicle operator's license;
(c) have no convictions as defined in Subsection [
under the influence of alcohol or drugs during the previous five years; and
(d) have no convictions for a sexual offense against a minor or a violent crime against a
minor.
Section 248. Section 53-1-106 is amended to read:
53-1-106. Department duties -- Powers.
(1) In addition to the responsibilities contained in this title, the department shall:
(a) make rules and perform the functions specified in Title 41, Chapter [
[
(i) setting performance standards for towing companies to be used by the department, as
required by Section [
(ii) advising the Department of Transportation regarding the safe design and operation of
school buses, as required by Section [
(b) make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211 ;
(c) aid in enforcement efforts to combat drug trafficking;
(d) meet with the Department of Administrative Services to formulate contracts,
establish priorities, and develop funding mechanisms for dispatch and telecommunications
operations, as required by Section 63A-6-107 ;
(e) provide assistance to the Crime Victims' Reparations Board and Reparations Office in
conducting research or monitoring victims' programs, as required by Section 63-25a-405 ;
(f) develop sexual assault exam protocol standards in conjunction with the Utah Hospital
Association;
(g) engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency Planning and
Community Right to Know Act of 1986, as required by Section 63-5-5 ;
(h) implement the provisions of Section 53-2-202 , the Emergency Management
Assistance Compact; and
(i) (i) maintain a database of the information listed below regarding each driver license or
state identification card status check made by a law enforcement officer:
(A) the agency employing the law enforcement officer;
(B) the name of the law enforcement officer or the identifying number the agency has
assigned to the law enforcement officer;
(C) the race and gender of the law enforcement officer;
(D) the purpose of the law enforcement officer's status check, including but not limited to
a traffic stop or a pedestrian stop; and
(E) the race of the individual regarding whom the status check is made, based on the
information provided through the application process under Section 53-3-205 or 53-3-804 ;
(ii) provide access to the database created in Subsection (1)(i)(i) to the Commission on
Criminal and Juvenile Justice for the purpose of:
(A) evaluating the data;
(B) evaluating the effectiveness of the data collection process; and
(C) reporting and making recommendations to the Legislature; and
(iii) classify any personal identifying information of any individual, including law
enforcement officers, in the database as protected records under Subsection 63-2-304 (9).
(2) (a) The department may establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b) The fees shall be established in accordance with Section 63-38-3.2 .
Section 249. Section 53-1-108 is amended to read:
53-1-108. Commissioner's powers and duties.
(1) In addition to the responsibilities contained in this title, the commissioner shall:
(a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility of
Motor Vehicle Owners and Operators Act;
(b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
required to properly discharge the duties of the department;
(c) make rules:
(i) governing emergency use of signal lights on private vehicles; and
(ii) allowing privately owned vehicles to be designated for part-time emergency use, as
provided in Section [
(d) set standards for safety belt systems, as required by Section [
(e) serve as the chairman of the Disaster Emergency Advisory Council, as required by
Section 63-5-4 ;
(f) designate vehicles as "authorized emergency vehicles," as required by Section
[
(g) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by considerations of race,
color, ethnicity, age, or gender.
(2) The commissioner may:
(a) subject to the approval of the governor, establish division headquarters at various
places in the state;
(b) issue to a special agent a certificate of authority to act as a peace officer and revoke
that authority for cause, as authorized in Section 56-1-21.5 ;
(c) create specialized units within the commissioner's office for conducting internal
affairs and aircraft operations as necessary to protect the public safety;
(d) cooperate with any recognized agency in the education of the public in safety and
crime prevention and participate in public or private partnerships, subject to Subsection (3);
(e) cooperate in applying for and distributing highway safety program funds; and
(f) receive and distribute federal funding to further the objectives of highway safety in
compliance with the Federal Assistance Management Program Act.
(3) (a) Money may not be expended under Subsection (2)(d) for public safety education
unless it is specifically appropriated by the Legislature for that purpose.
(b) Any recognized agency receiving state money for public safety shall file with the
auditor of the state an itemized statement of all its receipts and expenditures.
Section 250. Section 53-1-109 is amended to read:
53-1-109. Security for capitol complex -- Traffic and parking rules enforcement for
division -- Security personnel as law enforcement officers.
(1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
same meaning as provided in Section 63C-9-102 .
(2) (a) The commissioner, under the direction of the State Capitol Preservation Board,
shall:
(i) provide for the security of capitol hill facilities and capitol hill grounds; and
(ii) enforce traffic provisions under Title 41, Chapter [
capitol hill facilities and capitol hill grounds.
(b) The commissioner, in cooperation with the director of the Division of Facilities
Construction and Management shall provide for the security of all grounds and buildings under
the jurisdiction of the Division of Facilities Construction and Management.
(3) Security personnel required in Subsection (2) shall be law enforcement officers as
defined in Section 53-13-103 .
(4) Security personnel who were actively employed and had five or more years of active
service with Protective Services within the Utah Highway Patrol Division as special function
officers, as defined in Section 53-13-105 , on June 29, 1996, shall become law enforcement
officers:
(a) without a requirement of any additional training or examinations, if they have
completed the entire law enforcement officer training of the Peace Officers Standards and
Training Division; or
(b) upon completing only the academic portion of the law enforcement officer training of
the Peace Officers Standards and Training Division.
(5) An officer in a supervisory position with Protective Services within the Utah
Highway Patrol Division shall be allowed to transfer the job title that the officer held on April
28, 1996, into a comparable supervisory position of employment as a peace officer for as long as
the officer remains with Protective Services within the Utah Highway Patrol Division.
Section 251. Section 53-3-104 is amended to read:
53-3-104. Division duties.
The division shall:
(1) make rules:
(a) for examining applicants for a license, as necessary for the safety and welfare of the
traveling public;
(b) regarding the restrictions to be imposed on a person driving a motor vehicle with a
temporary learner permit; and
(c) for exemptions from licensing requirements as authorized in this chapter;
(2) examine each applicant according to the class of license applied for;
(3) license motor vehicle drivers;
(4) file every application for a license received by it and shall maintain indices
containing:
(a) all applications denied and the reason each was denied;
(b) all applications granted; and
(c) the name of every licensee whose license has been suspended, disqualified, or
revoked by the division and the reasons for the action;
(5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this
chapter;
(6) file all accident reports and abstracts of court records of convictions received by it
under state law;
(7) maintain a record of each licensee showing his convictions and the traffic accidents in
which he has been involved where a conviction has resulted;
(8) consider the record of a licensee upon an application for renewal of a license and at
other appropriate times;
(9) search the license files, compile, and furnish a report on the driving record of any
person licensed in the state in accordance with Section 53-3-109 ;
(10) develop and implement a record system as required by Section [
41-6a-604 ;
(11) in accordance with Section 53A-13-208 , establish:
(a) procedures and standards to certify teachers of driver education classes to administer
knowledge and skills tests;
(b) minimal standards for the tests; and
(c) procedures to enable school districts to administer or process any tests for students to
receive a class D operator's license;
(12) in accordance with Section 53-3-510 , establish:
(a) procedures and standards to certify licensed instructors of commercial driver training
school courses to administer the skills test;
(b) minimal standards for the test; and
(c) procedures to enable licensed commercial driver training schools to administer or
process skills tests for students to receive a class D operator's license; and
(13) provide administrative support to the Driver License Medical Advisory Board
created in Section 53-3-303 .
Section 252. Section 53-3-105 is amended to read:
53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling, and
identification cards.
The following fees apply under this chapter:
(1) An original class D license application under Section 53-3-205 is $20.
(2) An original class M license application under Section 53-3-205 is $22.50.
(3) An original provisional license application for a class D license under Section
53-3-205 is $25.
(4) An original provisional license application for a class M license under Section
53-3-205 is $27.50.
(5) An original application for a motorcycle endorsement under Section 53-3-205 is
$7.50.
(6) An original application for a taxicab endorsement under Section 53-3-205 is $5.
(7) A renewal of a class D license under Section 53-3-214 is $20 unless Subsection (13)
applies.
(8) A renewal of a class M license under Section 53-3-214 is $22.50.
(9) A renewal of a provisional license application for a class D license under Section
53-3-214 is $20.
(10) A renewal of a provisional license application for a class M license under Section
53-3-214 is $22.50.
(11) A renewal of a motorcycle endorsement under Section 53-3-214 is $7.50.
(12) A renewal of a taxicab endorsement under Section 53-3-214 is $5.
(13) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
$8.
(14) An extension of a class D license under Section 53-3-214 is $15 unless Subsection
(20) applies.
(15) An extension of a class M license under Section 53-3-214 is $17.50.
(16) An extension of a provisional license application for a class D license under Section
53-3-214 is $15.
(17) An extension of a provisional license application for a class M license under Section
53-3-214 is $17.50.
(18) An extension of a motorcycle endorsement under Section 53-3-214 is $7.50.
(19) An extension of a taxicab endorsement under Section 53-3-214 is $5.
(20) An extension of a class D license for a person 65 and older under Section 53-3-214
is $6.
(21) An original or renewal application for a commercial class A, B, or C license or an
original or renewal of a provisional commercial class A or B license under Part 4 [
(a) $35 for the knowledge test; and
(b) $55 for the skills test.
(22) Each original CDL endorsement for passengers, hazardous material, double or triple
trailers, or tankers is $5.
(23) An original CDL endorsement for a school bus under Part 4 [
Uniform Commercial Driver License Act, is $5.
(24) A renewal of a CDL endorsement under Part 4 [
Commercial Driver License Act, is $5.
(25) A retake of a CDL knowledge or a CDL skills test provided for in Section 53-3-205
is $15.
(26) A retake of a CDL endorsement test provided for in Section 53-3-205 is $5.
(27) A duplicate class A, B, C, D, or M license certificate under Section 53-3-215 is $13.
(28) (a) A license reinstatement application under Section 53-3-205 is $25.
(b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
combination of alcohol and any drug-related offense is $25 in addition to the fee under
Subsection (28)(a).
(29) (a) An administrative fee for license reinstatement after an alcohol, drug, or
combination of alcohol and any drug-related offense under Section [
53-3-223 , or 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related
offense under Part 4 [
(b) This administrative fee is in addition to the fees under Subsection (28).
(30) (a) An administrative fee for providing the driving record of a driver under Section
53-3-104 or 53-3-420 is $4.
(b) The division may not charge for a report furnished under Section 53-3-104 to a
municipal, county, state, or federal agency.
(31) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
(32) An identification card application under Section 53-3-808 is $8.
Section 253. Section 53-3-106 is amended to read:
53-3-106. Disposition of revenues under this chapter -- Restricted account created
-- Uses as provided by appropriation -- Nonlapsing.
(1) There is created within the Transportation Fund a restricted account known as the
"Department of Public Safety Restricted Account."
(2) The account consists of monies generated from the following revenue sources:
(a) all monies received under this chapter;
(b) administrative fees received according to the fee schedule authorized under this
chapter and Section 63-38-3.2 ; and
(c) any appropriations made to the account by the Legislature.
(3) (a) The account shall earn interest.
(b) All interest earned on account monies shall be deposited in the account.
(4) The expenses of the department in carrying out this chapter shall be provided for by
legislative appropriation from this account.
(5) The amount in excess of $35 of the fees collected under Subsection 53-3-105 (29)
shall be appropriated by the Legislature from this account to the department to implement the
provisions of Section 53-1-117 , except that of the amount in excess of $35, $30 shall be
deposited in the State Laboratory Drug Testing restricted account created in Section 26-1-34 .
(6) All monies received under Subsection [
appropriated by the Legislature from this account to the department to implement the provisions
of Section 53-1-117 .
(7) Appropriations to the department from the account are nonlapsing.
Section 254. Section 53-3-202 is amended to read:
53-3-202. Drivers must be licensed -- Taxicab endorsement -- Violation.
(1) A person may not drive a motor vehicle on a highway in this state unless the person
is:
(a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
division under this chapter;
(b) driving an official United States Government class D motor vehicle with a valid
United States Government driver permit or license for that type of vehicle;
(c) driving a road roller, road machinery, or any farm tractor or implement of husbandry
temporarily drawn, moved, or propelled on the highways;
(d) a nonresident who is at least 16 years of age and younger than 18 years of age who
has in his immediate possession a valid license certificate issued to him in his home state or
country and is driving as a class D or M driver;
(e) a nonresident who is at least 18 years of age and who has in his immediate possession
a valid license certificate issued to him in his home state or country if driving in the class or
classes identified on the home state license certificate, except those persons referred to in Part 6
of this chapter;
(f) driving under a temporary learner permit, instruction permit, or practice permit in
accordance with Section 53-3-210 or 53A-13-208 ;
(g) driving with a temporary license certificate issued in accordance with Section
53-3-207 ; or
(h) exempt under Title 41, Chapter 22, Off-highway Vehicles.
(2) A person may not drive or, while within the passenger compartment of a motor
vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
motor vehicle upon a highway unless the person:
(a) holds a valid license issued under this chapter for the type or class of motor vehicle
being towed; or
(b) is exempted under either Subsection (1)(b) or (1)(c).
(3) A person may not drive a motor vehicle as a taxicab on a highway of this state unless
the person has a taxicab endorsement issued by the division on his license certificate.
(4) (a) A person may not operate an electric assisted bicycle as defined under Section
[
chapter.
(b) Subsection (4)(a) is an exception to the provisions of Section 53-3-104 .
(5) A person who violates this section is guilty of a class C misdemeanor.
Section 255. Section 53-3-214 is amended to read:
53-3-214. Renewal -- Fees required -- Extension without examination.
(1) (a) The holder of a valid license may renew his license and any endorsement to the
license by applying:
(i) at any time within six months before the license expires; or
(ii) more than six months prior to the expiration date if the applicant furnishes proof that
he will be absent from the state during the six-month period prior to the expiration of the license.
(b) The application for a renewal of, extension of, or any endorsement to a license shall
be accompanied by a fee under Section 53-3-105 .
(2) (a) Except as provided under Subsections (2)(b) and (3), upon application for renewal
of a license, provisional license, and any endorsement to a license, the division shall reexamine
each applicant as if for an original license and endorsement to the license, if applicable.
(b) The division may waive any or all portions of the test designed to demonstrate the
applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
(3) (a) Except as provided under Subsection (3)(b), the division shall extend a license,
any endorsement to the license, a provisional license, and any endorsement to a provisional
license for five years without examination for licensees whose driving records for the five years
immediately preceding the determination of eligibility for extension show:
(i) no suspensions;
(ii) no revocations;
(iii) no conviction for reckless driving under Section [
(iv) no more than four reportable violations in the preceding five years.
(b) (i) After the expiration of a license, a new license certificate and any endorsement to
a license certificate may not be issued until the person has again passed the tests under Section
53-3-206 and paid the required fee.
(ii) A person 65 years of age or older shall take and pass the eye examination specified in
Section 53-3-206 .
(iii) An extension may not be granted to any person who is identified by the division as
having a medical impairment that may represent a hazard to public safety.
(iv) An extension may not be granted to any person holding a CDL issued under Part 4 of
this chapter.
(c) The division shall allow extensions:
(i) by mail at the appropriate extension fee rate under Section 53-3-105 ;
(ii) only if the applicant qualifies under this section; and
(iii) for only one extension.
Section 256. Section 53-3-218 is amended to read:
53-3-218. Court to report convictions and may recommend suspension of license --
Severity of speeding violation defined.
(1) As used in this section, "conviction" means conviction by the court of first
impression or final administrative determination in an administrative traffic proceeding.
(2) (a) A court having jurisdiction over offenses committed under this chapter or any
other law of this state, or under any municipal ordinance regulating driving motor vehicles on
highways or driving motorboats on the water, shall forward to the division within ten days, an
abstract of the court record of the conviction or plea held in abeyance of any person in the court
for a reportable traffic or motorboating violation of any laws or ordinances, and may recommend
the suspension of the license of the person convicted.
(b) When the division receives a court record of a conviction or plea in abeyance for a
motorboat violation, the division may only take action against a person's driver license if the
motorboat violation is for a violation of Title 41, Chapter [
(3) The abstract shall be made in the form prescribed by the division and shall include:
(a) the name and address of the party charged;
(b) the number of his license certificate, if any;
(c) the registration number of the motor vehicle or motorboat involved;
(d) whether the motor vehicle was a commercial motor vehicle;
(e) whether the motor vehicle carried hazardous materials;
(f) the nature of the offense;
(g) the date of the hearing;
(h) the plea;
(i) the judgment or whether bail was forfeited; and
(j) the severity of the violation, which shall be graded by the court as "minimum,"
"intermediate," or "maximum" as established in accordance with Subsection 53-3-221 (4).
(4) When a convicted person secures a judgment of acquittal or reversal in any appellate
court after conviction in the court of first impression, the division shall reinstate his license
immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
Section 257. Section 53-3-220 is amended to read:
53-3-220. Offenses requiring mandatory revocation, denial, suspension, or
disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited
driving privileges.
(1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter
[
disqualification, the division shall deny, suspend, or disqualify the license of a person upon
receiving a record of the person's conviction for any of the following offenses:
(i) manslaughter or negligent homicide resulting from driving a motor vehicle, or
automobile homicide under Section 76-5-207 ;
(ii) driving or being in actual physical control of a motor vehicle while under the
influence of alcohol, any drug, or combination of them to a degree that renders the person
incapable of safely driving a motor vehicle as prohibited in Section [
prohibited in an ordinance that complies with the requirements of Subsection [
41-6a-510 (1);
(iii) driving or being in actual physical control of a motor vehicle while having a blood or
breath alcohol content prohibited in Section [
that complies with the requirements of Subsection [
(iv) perjury or the making of a false affidavit to the division under this chapter, Title 41,
Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or
regulating driving on highways;
(v) any felony under the motor vehicle laws of this state;
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
(vii) failure to stop and render aid as required under the laws of this state if a motor
vehicle accident results in the death or personal injury of another;
(viii) two charges of reckless driving committed within a period of 12 months; but if
upon a first conviction of reckless driving the judge or justice recommends suspension of the
convicted person's license, the division may after a hearing suspend the license for a period of
three months;
(ix) failure to bring a motor vehicle to a stop at the command of a peace officer as
required in Section [
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
requires disqualification;
(xi) discharging or allowing the discharge of a firearm from a vehicle in violation of
Subsection 76-10-508 (2);
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b);
(xiii) operating or being in actual physical control of a motor vehicle while having any
measurable controlled substance or metabolite of a controlled substance in the person's body in
violation of Section [
(xiv) operating or being in actual physical control of a motor vehicle while having any
alcohol in the person's body in violation of Section 53-3-232 .
(b) The division shall immediately revoke the license of a person upon receiving a record
of an adjudication under Title 78, Chapter 3a, Juvenile Court Act of 1996, for any of the
following offenses:
(i) discharging or allowing the discharge of a firearm from a vehicle in violation of
Subsection 76-10-508 (2); and
(ii) using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection 76-10-306 (4)(b).
(c) Except when action is taken under Section 53-3-219 for the same offense, the
division shall immediately suspend for six months the license of a person upon receiving a record
of conviction for any of the following offenses:
(i) any violation of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(ii) any criminal offense that prohibits:
(A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance
that is prohibited under the acts described in Subsection (1)(c)(i); or
(B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
(2) (a) The division shall extend the period of the first denial, suspension, revocation, or
disqualification for an additional like period, to a maximum of one year for each subsequent
occurrence, upon receiving:
(i) a record of the conviction of any person on a charge of driving a motor vehicle while
the person's license is denied, suspended, revoked, or disqualified;
(ii) a record of a conviction of the person for any violation of the motor vehicle law in
which the person was involved as a driver;
(iii) a report of an arrest of the person for any violation of the motor vehicle law in which
the person was involved as a driver; or
(iv) a report of an accident in which the person was involved as a driver.
(b) For a violation of Subsection 53-3-227 (4), the division shall extend the period of the
first suspension, revocation, or disqualification for an additional one-year period.
(3) When the division receives a report under Subsection (2)(a)(iii) or (iv) that a person
is driving while the person's license is denied, suspended, disqualified, or revoked, the person is
entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or
revocation originally imposed under Section 53-3-221 .
(4) (a) The division may extend to a person the limited privilege of driving a motor
vehicle to and from the person's place of employment or within other specified limits on
recommendation of the trial judge in any case where a person is convicted of any of the offenses
referred to in Subsections (1) and (2) except:
(i) automobile homicide under Subsection (1)(a)(i);
(ii) those offenses referred to in Subsections (1)(a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii),
(1)(b), and (1)(c); and
(iii) those offenses referred to in Subsection (2) when the original denial, suspension,
revocation, or disqualification was imposed because of a violation of Section [
Subsection [
criminal prohibition that the person was charged with violating as a result of a plea bargain after
having been originally charged with violating one or more of these sections or ordinances.
(b) This discretionary privilege is limited to when undue hardship would result from a
failure to grant the privilege and may be granted only once to any individual during any single
period of denial, suspension, revocation, or disqualification, or extension of that denial,
suspension, revocation, or disqualification.
(c) A limited CDL may not be granted to an individual disqualified under Part 4,
Uniform Commercial Driver License Act, or whose license has been revoked, suspended,
cancelled, or denied under this chapter.
Section 258. Section 53-3-222 is amended to read:
53-3-222. Purpose of revocation or suspension for driving under the influence.
The Legislature finds that the purpose of this title relating to suspension or revocation of a
person's license or privilege to drive a motor vehicle for driving with a blood alcohol content
above a certain level or while under the influence of alcohol, any drug, or a combination of
alcohol and any drug, or for refusing to take a chemical test as provided in Section [
41-6a-520 , is protecting persons on highways by quickly removing from the highways those
persons who have shown they are safety hazards.
Section 259. Section 53-3-223 is amended to read:
53-3-223. Chemical test for driving under the influence -- Temporary license --
Hearing and decision -- Suspension and fee -- Judicial review.
(1) (a) If a peace officer has reasonable grounds to believe that a person may be violating
or has violated Section [
blood or breath alcohol concentration and driving under the influence of any drug, alcohol, or
combination of a drug and alcohol or while having any measurable controlled substance or
metabolite of a controlled substance in the person's body in violation of Section [
41-6a-517 , the peace officer may, in connection with arresting the person, request that the person
submit to a chemical test or tests to be administered in compliance with the standards under
Section [
(b) In this section, a reference to Section [
ordinance adopted in compliance with Subsection [
(2) The peace officer shall advise a person prior to the person's submission to a chemical
test that a test result indicating a violation of Section [
41-6a-517 shall, and the existence of a blood alcohol content sufficient to render the person
incapable of safely driving a motor vehicle may, result in suspension or revocation of the person's
license to drive a motor vehicle.
(3) If the person submits to a chemical test and the test results indicate a blood or breath
alcohol content in violation of Section [
peace officer makes a determination, based on reasonable grounds, that the person is otherwise in
violation of Section [
within 24 hours of arrest, give notice of the division's intention to suspend the person's license to
drive a motor vehicle.
(4) (a) When a peace officer gives notice on behalf of the division, the peace officer
shall:
(i) take the Utah license certificate or permit, if any, of the driver;
(ii) issue a temporary license certificate effective for only 29 days from the date of arrest;
and
(iii) supply to the driver, in a manner specified by the division, basic information
regarding how to obtain a prompt hearing before the division.
(b) A citation issued by a peace officer may, if provided in a manner specified by the
division, also serve as the temporary license certificate.
(5) As a matter of procedure, a peace officer shall send to the division within ten
calendar days after the day on which notice is provided:
(a) the person's license certificate;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the division indicating the chemical test
results, if any; and
(d) any other basis for the peace officer's determination that the person has violated
Section [
(6) (a) Upon request in a manner specified by the division, the division shall grant to the
person an opportunity to be heard within 29 days after the date of arrest. The request to be heard
shall be made within ten calendar days of the day on which notice is provided under Subsection
(5).
(b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
division in the county in which the arrest occurred.
(ii) The division may hold a hearing in some other county if the division and the person
both agree.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was driving a
motor vehicle in violation of Section [
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and
the production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund in
accordance with the rates established in Section 78-46-28 .
(e) The division may designate one or more employees to conduct the hearing.
(f) Any decision made after a hearing before any designated employee is as valid as if
made by the division.
(g) After the hearing, the division shall order whether the person's license to drive a
motor vehicle is suspended or not.
(h) If the person for whom the hearing is held fails to appear before the division as
required in the notice, the division shall order whether the person's license to drive a motor
vehicle is suspended or not.
(7) (a) A first suspension, whether ordered or not challenged under this Subsection (7), is
for a period of 90 days, beginning on the 30th day after the date of the arrest.
(b) A second or subsequent suspension for an offense that occurred within the previous
ten years under this Subsection (7) is for a period of one year, beginning on the 30th day after the
date of arrest.
(8) (a) The division shall assess against a person, in addition to any fee imposed under
Subsection 53-3-205 (13) for driving under the influence, a fee under Section 53-3-105 to cover
administrative costs, which shall be paid before the person's driving privilege is reinstated. This
fee shall be cancelled if the person obtains an unappealed division hearing or court decision that
the suspension was not proper.
(b) A person whose license has been suspended by the division under this section may
file a petition within 30 days after the suspension for a hearing on the matter which, if held, is
governed by Section 53-3-224 .
Section 260. Section 53-3-223.5 is amended to read:
53-3-223.5. Telephonic or live audiovisual testimony at hearings.
In any division hearing authorized under this chapter or Title 41, Chapter [
Part 5, Driving [
permit a party or witness to attend or to testify by telephone or live audiovisual means.
Section 261. Section 53-3-226 is amended to read:
53-3-226. Grounds for confiscation of licenses, plates, and other articles issued by
state.
(1) The division or a peace officer acting in his official capacity may take possession of
any certificate of title, registration card, decal, permit, license certificate, permit, registration
plate, or any other article issued by the state:
(a) that is fictitious or altered;
(b) that has been unlawfully or erroneously issued;
(c) that is unlawfully or erroneously displayed; or
(d) as required under Section [
(2) A receipt shall be issued that describes each confiscated item.
Section 262. Section 53-3-227 is amended to read:
53-3-227. Driving a motor vehicle prohibited while driving privilege denied,
suspended, disqualified, or revoked -- Penalties.
(1) A person whose driving privilege has been denied, suspended, disqualified, or
revoked under this chapter or under the laws of the state in which the person's driving privilege
was granted and who drives any motor vehicle upon the highways of this state while that driving
privilege is denied, suspended, disqualified, or revoked shall be punished as provided in this
section.
(2) A person convicted of a violation of Subsection (1), other than a violation specified
in Subsection (3) or (4), is guilty of a class C misdemeanor.
(3) (a) A person is guilty of a class B misdemeanor if the person's conviction under
Subsection (1) is based on the person driving a motor vehicle while the person's driving privilege
is suspended, disqualified, or revoked for:
(i) a refusal to submit to a chemical test under Section [
(ii) a violation of Section [
(iii) a violation of a local ordinance that complies with the requirements of Section
[
(iv) a violation of Section [
(v) a violation of Section 76-5-207 ;
(vi) a criminal action that the person plead guilty to as a result of a plea bargain after
having been originally charged with violating one or more of the sections or ordinances under
this Subsection (3);
(vii) a revocation or suspension which has been extended under Subsection 53-3-220 (2);
or
(viii) where disqualification is the result of driving a commercial motor vehicle while the
person's CDL is disqualified, suspended, canceled, or revoked under Subsection 53-3-414 (1).
(b) A person is guilty of a class B misdemeanor if the person's conviction under
Subsection (1) is based on the person driving a motor vehicle while the person's driving privilege
is suspended, disqualified, or revoked by any state, the United States, or any district, possession,
or territory of the United States for violations corresponding to the violations listed in
Subsections (3)(a)(i) through (viii).
(c) A fine imposed under this Subsection (3) shall be at least the maximum fine for a
class C misdemeanor under Section 76-3-301 .
(4) (a) A person is guilty of a class B misdemeanor if:
(i) the person's conviction under Subsection (1) is based on the person driving a motor
vehicle while the person's driving privilege is suspended, disqualified, or revoked for:
(A) any violations listed in Subsections (3)(a)(i) through (vi); or
(B) a violation listed in Subsection (3)(a)(vii) if the original revocation or suspension
was based on any violations listed in Subsections (3)(a)(i) through (vi); and
(ii) the person had any alcohol in the person's body at the time of the violation under
Subsection (1).
(b) A person is guilty of a class B misdemeanor if:
(i) the person's conviction under Subsection (1) is based on the person driving a motor
vehicle while the person's driving privilege is suspended, disqualified, or revoked by any state,
the United States, or any district, possession, or territory of the United States for violations
corresponding to:
(A) the violations listed in Subsections (3)(a)(i) through (vi); or
(B) a violation listed in Subsection (3)(a)(vii) if the original revocation or suspension
was based on any violation corresponding to the violations listed in Subsections (3)(a)(i) through
(vi); and
(ii) the person had any alcohol in the person's body at the time of the violation under
Subsection (1).
(c) (i) As part of any sentence imposed for a violation of this Subsection (4), the court
shall order:
(A) a jail sentence of not less than 48 consecutive hours;
(B) a compensatory-service work program for not less than 48 hours; or
(C) home confinement through the use of electronic monitoring in accordance with
[
(ii) In addition to the penalties under Subsection (4)(c)(i), the court shall impose a fine of
not less than $750.
Section 263. Section 53-3-231 is amended to read:
53-3-231. Person under 21 may not operate a vehicle or motorboat with detectable
alcohol in body -- Chemical test procedures -- Temporary license -- Hearing and decision --
Suspension of license or operating privilege -- Fees -- Judicial review -- Referral to local
substance abuse authority or program.
(1) (a) As used in this section:
(i) "Local substance abuse authority" has the same meaning as provided in Section
62A-15-102 .
(ii) "Substance abuse program" means any substance abuse program licensed by the
Department of Human Services or the Department of Health and approved by the local substance
abuse authority.
(b) Calculations of blood, breath, or urine alcohol concentration under this section shall
be made in accordance with the procedures in Subsection [
(2) (a) A person younger than 21 years of age may not operate or be in actual physical
control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol
concentration in the person's body as shown by a chemical test.
(b) (i) A person with a valid operator license who violates Subsection (2)(a), in addition
to any other applicable penalties arising out of the incident, shall have the person's operator
license denied or suspended as provided in Subsection (2)(b)(ii).
(ii) (A) For a first offense under Subsection (2)(a), the division shall deny the person's
operator license if ordered or not challenged under this section for a period of 90 days beginning
on the 30th day after the date of the arrest under Section 32A-12-209 .
(B) For a second or subsequent offense under Subsection (2)(a), within three years of a
prior denial or suspension, the division shall suspend the person's operator license for a period of
one year beginning on the 30th day after the date of arrest.
(c) (i) A person who has not been issued an operator license who violates Subsection
(2)(a), in addition to any other penalties arising out of the incident, shall be punished as provided
in Subsection (2)(c)(ii).
(ii) For one year or until the person is 17, whichever is longer, a person may not operate a
vehicle and the division may not issue the person an operator license or learner's permit.
(3) (a) When a peace officer has reasonable grounds to believe that a person may be
violating or has violated Subsection (2), the peace officer may, in connection with arresting the
person for a violation of Section 32A-12-209 , request that the person submit to a chemical test or
tests to be administered in compliance with the standards under Section [
(b) The peace officer shall advise a person prior to the person's submission to a chemical
test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
of the person's license to operate a motor vehicle or a refusal to issue a license.
(c) If the person submits to a chemical test and the test results indicate a blood, breath, or
urine alcohol content in violation of Subsection (2)(a), or if a peace officer makes a
determination, based on reasonable grounds, that the person is otherwise in violation of
Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the
arrest, give notice of the division's intention to deny or suspend the person's license to operate a
vehicle or refusal to issue a license under Subsection (2).
(4) When a peace officer gives notice on behalf of the division, the peace officer shall:
(a) take the Utah license certificate or permit, if any, of the operator;
(b) issue a temporary license certificate effective for only 29 days from the date of arrest
if the driver had a valid operator's license; and
(c) supply to the operator, in a manner specified by the division, basic information
regarding how to obtain a prompt hearing before the division.
(5) A citation issued by a peace officer may, if provided in a manner specified by the
division, also serve as the temporary license certificate under Subsection (4)(b).
(6) As a matter of procedure, a peace officer shall send to the division within ten
calendar days after the day on which notice is provided:
(a) the person's driver license certificate, if any;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the Driver License Division indicating the
chemical test results, if any; and
(d) any other basis for a peace officer's determination that the person has violated
Subsection (2).
(7) (a) (i) Upon request in a manner specified by the division, the Driver License
Division shall grant to the person an opportunity to be heard within 29 days after the date of
arrest under Section 32A-12-209 .
(ii) The request shall be made within ten calendar days of the day on which notice is
provided.
(b) (i) Except as provided in Subsection (7)(b)(ii), a hearing, if held, shall be before the
division in the county in which the arrest occurred.
(ii) The division may hold a hearing in some other county if the division and the person
both agree.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was operating a
motor vehicle or motorboat in violation of Subsection (2)(a);
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) In connection with a hearing, the division or its authorized agent may administer
oaths and may issue subpoenas for the attendance of witnesses and the production of relevant
books and papers and records as defined in Section 46-4-102 .
(e) One or more members of the division may conduct the hearing.
(f) Any decision made after a hearing before any number of the members of the division
is as valid as if made after a hearing before the full membership of the division.
(g) After the hearing, the division shall order whether the person:
(i) with a valid license to operate a motor vehicle will have the person's license denied or
not or suspended or not; or
(ii) without a valid operator license will be refused a license under Subsection (2)(c).
(h) If the person for whom the hearing is held fails to appear before the division as
required in the notice, the division shall order whether the person shall have the person's license
denied, suspended, or not denied or suspended, or whether an operator license will be refused or
not refused.
(8) (a) (i) Following denial or suspension the division shall assess against a person, in
addition to any fee imposed under Subsection 53-3-205 (13), a fee under Section 53-3-105 , which
shall be paid before the person's driving privilege is reinstated, to cover administrative costs.
(ii) This fee shall be canceled if the person obtains an unappealed division hearing or
court decision that the suspension was not proper.
(b) A person whose operator license has been denied, suspended, or postponed by the
division under this section may file a petition within 30 days after the suspension for a hearing on
the matter which, if held, is governed by Section 53-3-224 .
(9) After reinstatement of an operator license for a first offense under this section, a
report authorized under Section 53-3-104 may not contain evidence of the denial or suspension
of the person's operator license under this section if the person has not been convicted of any
other offense for which the denial or suspension may be extended.
(10) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
(2)(a) shall:
(i) obtain an assessment and recommendation for appropriate action from a substance
abuse program, but any associated costs shall be the person's responsibility; or
(ii) be referred by the division to the local substance abuse authority for an assessment
and recommendation for appropriate action.
(b) (i) Reinstatement of the person's operator license or the right to obtain an operator
license is contingent upon successful completion of the action recommended by the local
substance abuse authority or the substance abuse program.
(ii) The local substance abuse authority's or the substance abuse program's recommended
action shall be determined by an assessment of the person's alcohol abuse and may include:
(A) a targeted education and prevention program;
(B) an early intervention program; or
(C) a substance abuse treatment program.
(iii) Successful completion of the recommended action shall be determined by standards
established by the Division of Substance Abuse and Mental Health.
(c) At the conclusion of the penalty period imposed under Subsection (2), the local
substance abuse authority or the substance abuse program shall notify the division of the person's
status regarding completion of the recommended action.
(d) The local substance abuse authorities and the substance abuse programs shall
cooperate with the division in:
(i) conducting the assessments;
(ii) making appropriate recommendations for action; and
(iii) notifying the division about the person's status regarding completion of the
recommended action.
(e) (i) The local substance abuse authority is responsible for the cost of the assessment of
the person's alcohol abuse, if the assessment is conducted by the local substance abuse authority.
(ii) The local substance abuse authority or a substance abuse program selected by a
person is responsible for:
(A) conducting an assessment of the person's alcohol abuse; and
(B) for making a referral to an appropriate program on the basis of the findings of the
assessment.
(iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
associated with the recommended program to which the person selected or is referred.
(B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale
consistent with the local substance abuse authority's policies and practices regarding fees for
services or determined by the substance abuse program.
Section 264. Section 53-3-232 is amended to read:
53-3-232. Conditional license -- May not operate a vehicle or motorboat with
alcohol in body -- Penalty.
(1) As used in this section, "qualifying conviction" means:
(a) a conviction of a violation of Section [
41-6a-517 , a local ordinance which complies with the requirements of Subsection [
41-6a-510 (1), Section 76-5-207 , or of alcohol-related reckless driving as described under
Subsection [
(b) a revocation under Section [
the same arrest as a conviction under Subsection (1)(a); or
(c) a violation of Subsection (3).
(2) The division may only issue, reinstate, or renew a driver license in the form of a no
alcohol conditional license to a person who has a qualifying conviction for a period of:
(a) two years after issuance of a Utah driver license or permit following a first qualifying
conviction that occurred within the previous ten years from the date of arrest; and
(b) ten years after issuance of a Utah driver license or permit following a second or
subsequent qualifying conviction that occurred within the previous ten years from the date of
arrest.
(3) A no alcohol conditional license shall be issued on the condition that the person may
not operate or be in actual physical control of a vehicle or motorboat in this state with any
alcohol in the person's body.
(4) It is a class B misdemeanor for a person who has been issued a no alcohol conditional
license to operate or be in actual physical control of a vehicle or motorboat in this state in
violation of Subsection (3).
Section 265. Section 53-3-414 is amended to read:
53-3-414. CDL disqualification or suspension -- Grounds and duration --
Procedure.
(1) A person who holds or is required to hold a CDL is disqualified from driving a
commercial motor vehicle for a period of not less than one year if convicted of a first offense of:
(a) driving a commercial motor vehicle while under the influence of alcohol, drugs, a
controlled substance, or more than one of these;
(b) driving a commercial motor vehicle while the concentration of alcohol in his blood,
breath, or urine is .04 grams or more;
(c) leaving the scene of an accident involving a commercial motor vehicle he was
driving;
(d) using a commercial motor vehicle in the commission of a felony;
(e) refusal to submit to a test to determine the concentration of alcohol in his blood,
breath, or urine; or
(f) driving a commercial motor vehicle while the person's commercial driver license is
disqualified, suspended, canceled, or revoked.
(2) If any of the violations under Subsection (1) occur while the driver is transporting a
hazardous material required to be placarded, the driver is disqualified for not less than three
years.
(3) (a) Except as provided under Subsection (4), a driver of a commercial motor vehicle
who holds or is required to hold a CDL is disqualified for life from driving a commercial motor
vehicle if convicted of two or more of any of the offenses under Subsection (1) arising from two
or more separate incidents.
(b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
(4) (a) Any driver disqualified for life from driving a commercial motor vehicle under
this section, who has both voluntarily enrolled in and successfully completed an appropriate
rehabilitation program that meets the standards of the division, may apply to the division for
reinstatement of his CDL.
(b) The applicant is not eligible for reinstatement until he has served a minimum
disqualification period of ten years and has fully met the standards for reinstatement of
commercial motor vehicle driving privileges established by rule of the division.
(c) If a reinstated driver is subsequently convicted of another disqualifying offense under
this section, he is permanently disqualified for life and is ineligible to again apply for a reduction
of the lifetime disqualification.
(5) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
disqualified for life from driving a commercial motor vehicle if he uses a commercial motor
vehicle in the commission of any felony involving the manufacturing, distributing, or dispensing
of a controlled substance, or possession with intent to manufacture, distribute, or dispense a
controlled substance.
(6) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
disqualified for not less than 60 days from driving a commercial motor vehicle if he is convicted
of two serious traffic violations and is disqualified for not less than 120 days if he is convicted of
three serious traffic violations that:
(a) occur within three years of each other;
(b) arise from separate incidents; and
(c) involve the use or operation of a commercial motor vehicle.
(7) A driver of a commercial motor vehicle who is convicted of violating an
out-of-service order while driving a commercial motor vehicle is disqualified from driving a
commercial motor vehicle for a period not less than:
(a) 90 days but not more than one year if the driver is convicted of a first violation;
(b) one year but not more than five years if, during any ten-year period, the driver is
convicted of two violations of out-of-service orders in separate incidents;
(c) three years but not more than five years if, during any ten-year period, the driver is
convicted of three or more violations of out-of-service orders in separate incidents;
(d) 180 days but not more than two years if the driver is convicted of a first violation of
an out-of-service order while transporting hazardous materials required to be placarded or while
operating a motor vehicle designed to transport 16 or more passengers, including the driver; or
(e) three years but not more than five years if, during any ten-year period, the driver is
convicted of two or more violations, in separate incidents, of an out-of-service order while
transporting hazardous materials required to be placarded or while operating a motor vehicle
designed to transport 16 or more passengers, including the driver.
(8) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
disqualified for not less than 60 days if the division determines, in its check of his driver license
status, application, and record prior to issuing a CDL or at any time after the CDL is issued, that
the driver has falsified information required to apply for a CDL in this state.
(9) A driver of a commercial motor vehicle who is convicted of violating a
railroad-highway grade crossing provision under Section [
commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period
not less than:
(a) 60 days if the driver is convicted of a first violation;
(b) 120 days if, during any three-year period, the driver is convicted of a second violation
in separate incidents; or
(c) one year if, during any three-year period, the driver is convicted of three or more
violations in separate incidents.
(10) (a) The division shall update its records and notify the CDLIS within ten days of
suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.
(b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL, the
division shall notify the licensing authority of the issuing state or other jurisdiction and the
CDLIS within ten days after the action is taken.
(c) When the division suspends, revokes, cancels, or disqualifies a CDL issued by this
state, the division shall notify the CDLIS within ten days after the action is taken.
(11) (a) The division may immediately suspend or disqualify the CDL of a driver without
a hearing or receiving a record of the driver's conviction when the division has reason to believe
that the:
(i) CDL was issued by the division through error or fraud;
(ii) applicant provided incorrect or incomplete information to the division; or
(iii) driver no longer meets the fitness standards required to obtain a CDL.
(b) Suspension of a CDL under this Subsection (11) shall be in accordance with Section
53-3-221 .
(c) If a hearing is held under Section 53-3-221 , the division shall then rescind the
suspension order or cancel the CDL.
Section 266. Section 53-3-418 is amended to read:
53-3-418. Prohibited alcohol level for drivers -- Procedures, including hearing.
(1) A person who holds or is required to hold a CDL may not drive a commercial motor
vehicle in this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that
the person has a blood or breath alcohol concentration of .04 grams or greater at the time of the
test after the alleged driving of the commercial motor vehicle; [
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and
any drug to degree that renders the person incapable of safely driving a commercial motor
vehicle; or
(c) has a blood or breath alcohol concentration of .04 grams or greater at the time of
driving the commercial motor vehicle.
(2) A person who holds or is required to hold a CDL and who drives a commercial motor
vehicle in this state is considered to have given the person's consent to a test or tests of the
person's blood, breath, or urine to determine the concentration of alcohol or the presence of other
drugs in the person's physical system.
(3) If a peace officer or port-of-entry agent has reasonable cause to believe that a person
may be violating this section, the peace officer or port-of-entry agent may request the person to
submit to a chemical test to be administered in compliance with Section [
(4) When a peace officer or port-of-entry agent requests a person to submit to a test
under this section, the peace officer or port-of-entry agent shall advise the person that test results
indicating .04 grams or greater alcohol concentration or refusal to submit to any test requested
will result in the person's disqualification under Section 53-3-414 from driving a commercial
motor vehicle.
(5) If test results under this section indicate .04 grams or greater of alcohol concentration
or the person refuses to submit to any test requested under this section, a peace officer or
port-of-entry agent shall, on behalf of the division and within 24 hours of the arrest, give the
person notice of the division's intention to disqualify the person's privilege to drive a commercial
motor vehicle.
(6) When a peace officer or port-of-entry agent gives notice under Subsection (5), the
peace officer or port-of-entry agent shall:
(a) take any Utah license certificate or permit held by the driver;
(b) issue to the driver a temporary license certificate effective for 29 days from the date
of arrest;
(c) provide the driver, in a manner specified by the division, basic information regarding
how to obtain a prompt hearing before the division; and
(d) issue a 24-hour out-of-service order.
(7) A notice of disqualification issued under Subsection (6) may serve also as the
temporary license certificate under that subsection, if provided in a manner specified by the
division.
(8) As a matter of procedure, a peace officer or port-of-entry agent shall, within ten
calendar days after the day on which notice is provided, send to the division the person's license
certificate, a copy of the notice, and a report signed by the peace officer or port-of-entry agent
that indicates the results of any chemical test administered or that the person refused a test.
(9) (a) A person disqualified under this section has the right to a hearing regarding the
disqualification.
(b) The request for the hearing shall be submitted to the division in a manner specified by
the division and shall be made within ten calendar days of the date the notice was issued. If
requested, the hearing shall be conducted within 29 days after the date of arrest.
(10) (a) (i) Except as provided in Subsection (10)(a)(ii), a hearing held under this section
shall be held before the division and in the county where the notice was issued.
(ii) The division may hold a hearing in some other county if the division and the person
both agree.
(b) The hearing shall be documented and shall determine:
(i) whether the peace officer or port-of-entry agent had reasonable grounds to believe the
person had been driving a motor vehicle in violation of this section;
(ii) whether the person refused to submit to any requested test; and
(iii) any test results obtained.
(c) In connection with a hearing the division or its authorized agent may administer oaths
and may issue subpoenas for the attendance of witnesses and the production of relevant books
and documents.
(d) One or more members of the division may conduct the hearing.
(e) A decision made after a hearing before any number of members of the division is as
valid as if the hearing were held before the full membership of the division.
(f) After a hearing under this section the division shall indicate by order if the person's
CDL is disqualified.
(g) If the person for whom the hearing is held fails to appear before the division as
required in the notice, the division shall indicate by order if the person's CDL is disqualified.
(11) (a) If the division disqualifies a person under this section, the person may petition
for a hearing under Section 53-3-224 .
(b) The petition shall be filed within 30 days after the division issues the disqualification.
(12) (a) A person who violates this section shall be punished in accordance with Section
53-3-414 .
(b) (i) In accordance with Section 53-3-414 , the first disqualification under this section
shall be for one year, and a second disqualification shall be for life.
(ii) A disqualification under Section 53-3-414 begins on the 30th day after the date of
arrest.
(13) (a) In addition to the fees imposed under Section 53-3-205 for reinstatement of a
CDL, a fee under Section 53-3-105 to cover administrative costs shall be paid before the driving
privilege is reinstated.
(b) The fees under Sections 53-3-105 and 53-3-205 shall be canceled if an unappealed
hearing at the division or court level determines the disqualification was not proper.
Section 267. Section 53-8-105 is amended to read:
53-8-105. Duties of Highway Patrol.
In addition to the duties in this chapter, the Highway Patrol shall:
(1) enforce the state laws and rules governing use of the state highways;
(2) regulate traffic on all highways and roads of the state;
(3) assist the governor in an emergency or at other times at his discretion;
(4) in cooperation with federal, state, and local agencies, enforce and assist in the
enforcement of all state and federal laws related to the operation of a motor carrier on a highway,
including all state and federal rules and regulations;
(5) inspect certain vehicles to determine road worthiness and safe condition as provided
in Section [
(6) upon request, assist with any condition of unrest existing or developing on a campus
or related facility of an institution of higher education;
(7) assist the Alcoholic Beverage Control Commission in an emergency to enforce the
state liquor laws;
(8) provide security and protection for both houses of the Legislature while in session as
the speaker of the House of Representatives and the president of the Senate finds necessary; and
(9) carry out the following for the Supreme Court and the Court of Appeals:
(a) provide security and protection to those courts when in session in the capital city of
the state;
(b) execute orders issued by the courts; and
(c) carry out duties as directed by the courts.
Section 268. Section 53-8-202 is amended to read:
53-8-202. Definitions.
(1) The definitions in Section [
(2) As used in this part, "council" means the Motor Vehicle Safety Inspection Advisory
Council created in Section 53-8-203 .
Section 269. Section 53-8-213 is amended to read:
53-8-213. Special function officer status for certain employees -- Retirement
provisions.
(1) The commissioner may designate an employee of the Utah Highway Patrol Division
as a special function officer, as defined in Section 53-13-105 , for the purpose of enforcing all
laws relating to vehicle parts and equipment, including the provisions of this part and Title 41,
Chapter [
(2) Notwithstanding Section 49-15-201 , a special function officer designated under this
section may not become or be designated as a member of the Public Safety Retirement Systems.
Section 270. Section 53A-3-402 is amended to read:
53A-3-402. Powers and duties generally.
(1) Each local school board shall:
(a) implement the core curriculum utilizing instructional materials that best correlate to
the core curriculum and graduation requirements;
(b) administer tests, required by the State Board of Education, which measure the
progress of each student, and coordinate with the state superintendent and State Board of
Education to assess results and create plans to improve the student's progress which shall be
submitted to the State Office of Education for approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the State Office of Education to establish a library of documented best
practices, consistent with state and federal regulations, for use by the local districts; and
(f) implement training programs for school administrators, including basic management
training, best practices in instructional methods, budget training, staff management, managing for
learning results and continuous improvement, and how to help every child achieve optimal
learning in core academics.
(2) Local school boards shall spend minimum school program funds for programs and
activities for which the State Board of Education has established minimum standards or rules
under Section 53A-1-402 .
(3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on board resolution affirmed
by at least two-thirds of the members.
(4) (a) A board may participate in the joint construction or operation of a school attended
by children residing within the district and children residing in other districts either within or
outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the State Board of Education.
(5) A board may establish, locate, and maintain elementary, secondary, and applied
technology schools.
(6) A board may enroll children in school who are at least five years of age before
September 2 of the year in which admission is sought.
(7) A board may establish and support school libraries.
(8) A board may collect damages for the loss, injury, or destruction of school property.
(9) A board may authorize guidance and counseling services for children and their
parents or guardians prior to, during, or following enrollment of the children in schools.
(10) (a) A board may apply for, receive, and administer funds made available through
programs of the federal government.
(b) Federal funds are not considered funds within the school district budget under Title
53A, Chapter 19, School District Budgets.
(c) Federal funds may only be expended for the purposes for which they are received and
are accounted for by the board.
(d) A program created with or expanded by federal funds may be reduced to the extent
allowed by law when federal funds for that program are subsequently reduced or eliminated.
(11) (a) A board may organize school safety patrols and adopt rules under which the
patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least ten years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of a
highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting the
program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A board may on its own behalf, or on behalf of an educational institution for
which the board is the direct governing body, accept private grants, loans, gifts, endowments,
devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A board may appoint and fix the compensation of a compliance officer to issue
citations for violations of Subsection 76-10-105 (2).
(b) A person may not be appointed to serve as a compliance officer without the person's
consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A board shall adopt bylaws and rules for its own procedures.
(15) (a) A board shall make and enforce rules necessary for the control and management
of the district schools.
(b) All board rules and policies shall be in writing, filed, and referenced for public
access.
(16) A board may hold school on legal holidays other than Sundays.
(17) (a) Each board shall establish for each school year a school traffic safety committee
to implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from parents, teachers, and others and recommend school traffic
safety improvements, boundary changes to enhance safety, and school traffic safety program
measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade six, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section [
(d) The committee may establish subcommittees as needed to assist in accomplishing its
duties under Subsection (17)(c).
(e) The board shall require the school community council of each elementary, middle,
and junior high school within the district to develop and submit annually to the committee a child
access routing plan.
(18) (a) Each school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in its public schools, on school grounds, on its
school vehicles, and in connection with school-related activities or events.
(b) The board shall implement its plan by July 1, 2000.
(c) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline polices required for school
districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
(iii) require inservice training for all district and school building staff on what their roles
are in the emergency response plan; and
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a).
(d) The State Board of Education, through the state superintendent of public instruction,
shall develop comprehensive emergency response plan models that local school boards may use,
where appropriate, to comply with Subsection (18)(a).
(e) Each local school board shall, by July 1 of each year, certify to the State Board of
Education that its plan has been practiced at the school level and presented to and reviewed by its
teachers, administrators, students, and their parents and local law enforcement and public safety
representatives.
(19) (a) Each local school board may adopt an emergency response plan for the treatment
of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency equipment
components;
(ii) require inservice training on the emergency response plan for school personnel who
are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
review the plan each year and make revisions when required to improve or enhance the plan.
(e) The State Board of Education, through the state superintendent of public instruction,
shall provide local school boards with an emergency plan response model that local boards may
use to comply with the requirements of this Subsection (19).
(20) A board shall do all other things necessary for the maintenance, prosperity, and
success of the schools and the promotion of education.
Section 271. Section 53B-3-106 is amended to read:
53B-3-106. Criminal and traffic laws in full force and effect.
(1) All of the criminal laws of this state, including the traffic laws, are in full force and
effect on the campuses of state institutions of higher education and upon all other property or
facilities owned by the institutions or operated or controlled by the governing board of the
institution.
(2) (a) State institutions of higher education are "political subdivisions" and the board of
the institutions is a "local authority."
(b) All streets, roadways, alleys, and parking lots on property owned or controlled by
state institutions of higher education are "streets or highways" as these terms are used in Title 41,
Chapter [
Section 272. Section 58-20a-305 is amended to read:
58-20a-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , a person is exempt
from the licensure requirements of this chapter if:
(1) the person's practice of environmental health science is limited to inspecting in order
to enforce compliance with an inspection and maintenance program established pursuant to
Section [
(2) the person is a laboratory staff person employed by the Department of Agriculture
and Food or the Department of Health, and in his employment inspects, permits, certifies, or
otherwise enforces laboratory standards in laboratories regulated by state or local public health
laws; or
(3) the person is the local health officer of a local public health department which
employs a director of environmental health services licensed under this chapter.
Section 273. Section 58-67-305 is amended to read:
58-67-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , the following
individuals may engage in the described acts or practices without being licensed under this
chapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration of
value for the service is charged, received, expected, or contemplated;
(2) an individual administering a domestic or family remedy;
(3) (a) (i) a person engaged in the sale of vitamins, health foods, dietary supplements,
herbs, or other products of nature, the sale of which is not otherwise prohibited by state or federal
law; and
(ii) a person acting in good faith for religious reasons, as a matter of conscience, or based
on a personal belief, when obtaining or providing any information regarding health care and the
use of any product under Subsection (3)(a)(i); and
(b) Subsection (3)(a) does not:
(i) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
pain, or other condition; or
(ii) prohibit providing truthful and non-misleading information regarding any of the
products under Subsection (3)(a)(i);
(4) a person engaged in good faith in the practice of the religious tenets of any church or
religious belief, without the use of prescription drugs;
(5) an individual authorized by the Department of Health under Section 26-1-30 , to
withdraw blood to determine the alcohol or drug content pursuant to Section [
41-6a-523 ;
(6) a medical assistant while working under the direct and immediate supervision of a
licensed physician and surgeon, to the extent the medical assistant is engaged in tasks
appropriately delegated by the supervisor in accordance with the standards and ethics of the
practice of medicine;
(7) an individual engaging in the practice of medicine when:
(a) the individual is licensed in good standing as a physician in another state with no
licensing action pending and no less than ten years of professional experience;
(b) the services are rendered as a public service and for a noncommercial purpose;
(c) no fee or other consideration of value is charged, received, expected, or contemplated
for the services rendered beyond an amount necessary to cover the proportionate cost of
malpractice insurance; and
(d) the individual does not otherwise engage in unlawful or unprofessional conduct; and
(8) an individual providing expert testimony in a legal proceeding.
Section 274. Section 58-68-305 is amended to read:
58-68-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , the following
individuals may engage in the described acts or practices without being licensed under this
chapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration of
value for the service is charged, received, expected, or contemplated;
(2) an individual administering a domestic or family remedy;
(3) (a) (i) a person engaged in the lawful sale of vitamins, health foods, dietary
supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited by
state or federal law; and
(ii) a person acting in good faith for religious reasons, as a matter of conscience, or based
on a personal belief, when obtaining or providing any information regarding health care and the
use of any product under Subsection (3)(a)(i); and
(b) Subsection (3)(a) does not:
(i) permit a person to diagnose any human disease, ailment, injury, infirmity, deformity,
pain, or other condition; or
(ii) prohibit providing truthful and non-misleading information regarding any of the
products under Subsection (3)(a)(i);
(4) a person engaged in good faith in the practice of the religious tenets of any church or
religious belief without the use of prescription drugs;
(5) an individual authorized by the Department of Health under Section 26-1-30 , to
withdraw blood to determine the alcohol or drug content pursuant to Section [
41-6a-523 ;
(6) a medical assistant while working under the direct and immediate supervision of a
licensed osteopathic physician, to the extent the medical assistant is engaged in tasks
appropriately delegated by the supervisor in accordance with the standards and ethics of the
practice of medicine;
(7) an individual engaging in the practice of osteopathic medicine when:
(a) the individual is licensed in good standing as an osteopathic physician in another state
with no licensing action pending and no less than ten years of professional experience;
(b) the services are rendered as a public service and for a noncommercial purpose;
(c) no fee or other consideration of value is charged, received, expected, or contemplated
for the services rendered beyond an amount necessary to cover the proportionate cost of
malpractice insurance; and
(d) the individual does not otherwise engage in unlawful or unprofessional conduct; and
(8) an individual providing expert testimony in a legal proceeding.
Section 275. Section 58-71-305 is amended to read:
58-71-305. Exemptions from licensure.
In addition to the exemptions from licensure in Section 58-1-307 , the following
individuals may engage in the described acts or practices without being licensed under this
chapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration of
value for the service is charged, received, expected, or contemplated;
(2) an individual administering a domestic or family remedy;
(3) a person engaged in the sale of vitamins, health foods, dietary supplements, herbs, or
other products of nature, the sale of which is not otherwise prohibited under state or federal law,
but this subsection does not:
(a) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
pain, or other condition: or
(b) prohibit providing truthful and nonmisleading information regarding any of the
products under this subsection;
(4) a person engaged in good faith in the practice of the religious tenets of any church or
religious belief, without the use of prescription drugs;
(5) a person acting in good faith for religious reasons as a matter of conscience or based
on a personal belief when obtaining or providing information regarding health care and the use of
any product under Subsection (3);
(6) an individual authorized by the Department of Health under Section 26-1-30 , to
withdraw blood to determine the alcohol or drug content pursuant to Section [
41-6a-523 ;
(7) a naturopathic medical assistant while working under the direct and immediate
supervision of a licensed naturopathic physician to the extent the medical assistant is engaged in
tasks appropriately delegated by the supervisor in accordance with the standards and ethics of the
practice of naturopathic medicine; and
(8) an individual who has completed all requirements for licensure under this chapter
except the clinical experience required under Section 58-71-302 , for a period of one year while
that individual is completing that clinical experience requirement and who is working under the
provisions of a temporary license issued by the division.
Section 276. Section 62A-15-105 is amended to read:
62A-15-105. Authority and responsibilities of board.
The board is the policymaking body for the division and for programs funded with state
and federal moneys under Sections 17-43-201 , 17-43-301 , 17-43-304 , and 62A-15-110 . The
board shall:
(1) in establishing policy, seek input from local substance abuse authorities, local mental
health authorities, consumers, providers, advocates, division staff, and other interested parties as
determined by the board;
(2) establish, by rule, minimum standards for local substance abuse authorities and local
mental health authorities;
(3) establish, by rule, procedures for developing its policies which ensure that local
substance abuse authorities and local mental health authorities are given opportunity to comment
and provide input on any new policy of the board or proposed changes in existing policy of the
board;
(4) provide a mechanism for review of its existing policy, and for consideration of policy
changes that are proposed by local substance abuse authorities or local mental health authorities;
(5) develop program policies, standards, rules, and fee schedules for the division; and
(6) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
make rules approving the form and content of substance abuse treatment, educational series,
screening, and assessment that are described in Section [
Section 277. Section 62A-15-502 is amended to read:
62A-15-502. Penalty for DUI conviction -- Amounts.
(1) Courts of record and not of record may at sentencing assess against the defendant, in
addition to any fine, an amount that will fully compensate agencies that treat the defendant for
their costs in each case where a defendant is convicted of violating:
(a) Section [
(b) a criminal prohibition resulting from a plea bargain after an original charge of
violating Section [
(c) an ordinance that complies with the requirements of Subsection [
41-6a-510 (1).
(2) The fee assessed shall be collected by the court or an entity appointed by the court.
Section 278. Section 63-2-304 is amended to read:
63-2-304. Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 63-2-308 ;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with the
information specified in Section 63-2-308 ;
(3) commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 11-13-103 (4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement with a
governmental entity, except that this Subsection (6) does not restrict the right of a person to see
bids submitted to or by a governmental entity after bidding has closed;
(7) records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information outweighs the governmental
entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of property,
the potential sellers have already learned of the governmental entity's estimated value of the
property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 78-34-4.5 ;
(8) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value of
the subject property, unless:
(a) the public interest in access outweighs the interests in restricting access, including the
governmental entity's interest in maximizing the financial benefit of the transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of the
value of the subject property have already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(9) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of an
investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(10) records the disclosure of which would jeopardize the life or safety of an individual;
(11) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft, or
other appropriation or use contrary to law or public policy;
(12) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(13) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the Board
of Pardons and Parole, or the Department of Human Services that are based on the employee's or
contractor's supervision, diagnosis, or treatment of any person within the board's jurisdiction;
(14) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(15) records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(16) records prepared by or on behalf of a governmental entity solely in anticipation of
litigation that are not available under the rules of discovery;
(17) records disclosing an attorney's work product, including the mental impressions or
legal theories of an attorney or other representative of a governmental entity concerning
litigation;
(18) records of communications between a governmental entity and an attorney
representing, retained, or employed by the governmental entity if the communications would be
privileged as provided in Section 78-24-8 ;
(19) personal files of a legislator, including personal correspondence to or from a
member of the Legislature, provided that correspondence that gives notice of legislative action or
policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation
or contemplated course of action before the legislator has elected to support the legislation or
course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator asks
that the records requesting the legislation be maintained as protected records until such time as
the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and General
Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared in
response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about collective bargaining or
pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured
Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable historic,
scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28) records of a public institution of higher education regarding tenure evaluations,
appointments, applications for admissions, retention decisions, and promotions, which could be
properly discussed in a meeting closed in accordance with Title 52, Chapter 4, Open and Public
Meetings, provided that records of the final decisions about tenure, appointments, retention,
promotions, or those students admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected those
policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure if
retained by it;
(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
except as provided in Section 52-4-7 ;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered by
or requested from a governmental entity for the purpose of encouraging a person to expand or
locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including a
public institution of higher education, and other information concerning the donation that could
reasonably be expected to reveal the identity of the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for public institutions of higher education, the governmental unit to which the
donation is made is primarily engaged in educational, charitable, or artistic endeavors, and has no
regulatory or legislative authority over the donor, a member of his immediate family, or any
entity owned or controlled by the donor or his immediate family;
(38) accident reports, except as provided in Sections [
and 73-18-13 ;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205 ;
(40) (a) the following records of a public institution of education, which have been
developed, discovered, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(i) unpublished lecture notes;
(ii) unpublished research notes and data;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals; and
(b) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit prior to the
date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that the
records in the custody or control of the Office of Legislative Auditor General that would reveal
the name of a particular legislator who requests a legislative audit be maintained as protected
records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information contained in the database described in Section 62A-3-311.1 ;
(44) information contained in the Management Information System and Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawnbroker or pawnshop to a law enforcement agency in
compliance with Title 13, Chapter 32a, Pawnshop Transaction Information Act; and
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food.
Section 279. Section 63-30d-301 is amended to read:
63-30d-301. Waivers of immunity -- Exceptions.
(1) (a) Immunity from suit of each governmental entity is waived as to any contractual
obligation.
(b) Actions arising out of contractual rights or obligations are not subject to the
requirements of Sections 63-30d-401 , 63-30d-402 , 63-30d-403 , or 63-30d-601 .
(c) The Division of Water Resources is not liable for failure to deliver water from a
reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development Act,
if the failure to deliver the contractual amount of water is due to drought, other natural condition,
or safety condition that causes a deficiency in the amount of available water.
(2) Immunity from suit of each governmental entity is waived:
(a) as to any action brought to recover, obtain possession of, or quiet title to real or
personal property;
(b) as to any action brought to foreclose mortgages or other liens on real or personal
property, to determine any adverse claim on real or personal property, or to obtain an
adjudication about any mortgage or other lien that the governmental entity may have or claim on
real or personal property;
(c) as to any action based on the negligent destruction, damage, or loss of goods,
merchandise, or other property while it is in the possession of any governmental entity or
employee, if the property was seized for the purpose of forfeiture under any provision of state
law;
(d) subject to Subsection 63-30d-302 (1), as to any action brought under the authority of
Article I, Section 22, of the Utah Constitution, for the recovery of compensation from the
governmental entity when the governmental entity has taken or damaged private property for
public uses without just compensation;
(e) subject to Subsection 63-30d-302 (2), as to any action brought to recover attorneys'
fees under Sections 63-2-405 and 63-2-802 ; or
(f) for actual damages under Title 67, Chapter 21, [
Employees Act.
(3) (a) Except as provided in Subsection (3)(b), immunity from suit of each
governmental entity is waived as to any injury caused by:
(i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
(ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
or other public improvement.
(b) Immunity is not waived if the injury arises out of, in connection with, or results from:
(i) a latent dangerous or latent defective condition of any highway, road, street, alley,
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
(ii) a latent dangerous or latent defective condition of any public building, structure, dam,
reservoir, or other public improvement.
(4) Immunity from suit of each governmental entity is waived as to any injury
proximately caused by a negligent act or omission of an employee committed within the scope of
employment.
(5) Immunity is not waived under Subsections (3) and (4) if the injury arises out of, in
connection with, or results from:
(a) the exercise or performance, or the failure to exercise or perform, a discretionary
function, whether or not the discretion is abused;
(b) assault, battery, false imprisonment, false arrest, malicious prosecution, intentional
trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of
mental anguish, or violation of civil rights;
(c) the issuance, denial, suspension, or revocation of, or by the failure or refusal to issue,
deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar
authorization;
(d) a failure to make an inspection or by making an inadequate or negligent inspection;
(e) the institution or prosecution of any judicial or administrative proceeding, even if
malicious or without probable cause;
(f) a misrepresentation by an employee whether or not it is negligent or intentional;
(g) riots, unlawful assemblies, public demonstrations, mob violence, and civil
disturbances;
(h) the collection of and assessment of taxes;
(i) the activities of the Utah National Guard;
(j) the incarceration of any person in any state prison, county or city jail, or other place of
legal confinement;
(k) any natural condition on publicly owned or controlled lands, any condition existing in
connection with an abandoned mine or mining operation, or any activity authorized by the School
and Institutional Trust Lands Administration or the Division of Forestry, Fire, and State Lands;
(l) research or implementation of cloud management or seeding for the clearing of fog;
(m) the management of flood waters, earthquakes, or natural disasters;
(n) the construction, repair, or operation of flood or storm systems;
(o) the operation of an emergency vehicle, while being driven in accordance with the
requirements of Section [
(p) the activities of:
(i) providing emergency medical assistance;
(ii) fighting fire;
(iii) regulating, mitigating, or handling hazardous materials or hazardous wastes;
(iv) emergency evacuations;
(v) transporting or removing injured persons to a place where emergency medical
assistance can be rendered or where the person can be transported by a licensed ambulance
service; or
(vi) intervening during dam emergencies;
(q) the exercise or performance, or the failure to exercise or perform, any function
pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources; or
(r) unauthorized access to government records, data, or electronic information systems by
any person or entity.
Section 280. Section 63-55-241 is amended to read:
63-55-241. Repeal dates, Title 41.
The following provisions of Title 41 are repealed on the following dates:
(1) Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program, is
repealed July 1, 2010.
(2) The HOV lane exception for clean fuel special group license plate vehicles in
Subsection [
Section 281. Section 63-63a-1 is amended to read:
63-63a-1. Surcharge -- Application and exemptions.
(1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures imposed
by the courts.
(b) The surcharge shall be:
(i) 85% upon conviction of a:
(A) felony;
(B) class A misdemeanor;
(C) violation of Title 41, Chapter [
Under the Influence and Reckless Driving; or
(D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
violation of comparable county or municipal ordinances; or
(ii) 35% upon conviction of any other offense, including violation of county or municipal
ordinances not subject to the 85% surcharge.
(2) The surcharge may not be imposed:
(a) upon nonmoving traffic violations;
(b) upon court orders when the offender is ordered to perform compensatory service
work in lieu of paying a fine; and
(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment of
a case under Section 78-3a-502 .
(3) (a) The surcharge and the exceptions under Subsections (1) and (2) also apply to all
fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
committed by an adult.
(b) However, the surcharge does not include amounts assessed or collected separately by
juvenile courts for the Juvenile Restitution Account, which is independent of this chapter and
does not affect the imposition or collection of the surcharge.
(4) The surcharge under this section shall be imposed in addition to the fine charged for a
civil or criminal offense, and no reduction may be made in the fine charged due to the surcharge
imposition.
(5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
authorized and managed by this chapter rather than attached to particular offenses.
Section 282. Section 72-6-109 is amended to read:
72-6-109. Class B and C roads -- Construction and maintenance -- Definitions --
Estimates lower than bids -- Accountability.
(1) As used in this section and Section 72-6-108 :
(a) "Bid limit" means:
(i) for the year 2003, $125,000; and
(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
of 3% or the actual percent change in the Consumer Price Index during the previous calendar
year.
(b) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers
as published by the Bureau of Labor Statistics of the United States Department of Labor.
(c) (i) "Construction" means the work that would apply to:
(A) any new roadbed either by addition to existing systems or relocation;
(B) resurfacing of existing roadways with more than two inches of bituminous pavement;
or
(C) new structures or replacement of existing structures, except the replacement of
drainage culverts.
(ii) "Construction" does not include maintenance, emergency repairs, or the installation
of traffic control devices as described in Section [
(d) "Improvement project" means construction and maintenance as defined in this section
except for that maintenance excluded under Subsection (2).
(e) "Maintenance" means the keeping of a road facility in a safe and usable condition to
which it was constructed or improved, and includes:
(i) the reworking of an existing surface by the application of up to and including two
inches of bituminous pavement;
(ii) the installation or replacement of guardrails, seal coats, and culverts;
(iii) the grading or widening of an existing unpaved road or flattening of shoulders or
side slopes to meet current width and safety standards; and
(iv) horizontal or vertical alignment changes necessary to bring an existing road in
compliance with current safety standards.
(f) "Project" means the performance of a clearly identifiable group of associated road
construction activities or the same type of maintenance process, where the construction or
maintenance is performed on any one class B or C road, within a half-mile proximity and occurs
within the same calendar year.
(2) The following types of maintenance work are not subject to the contract or bid limit
requirements of this section:
(a) the repair of less than the entire surface by crack sealing or patching; and
(b) road repairs incidental to the installation, replacement, or repair of water mains,
sewers, drainage pipes, culverts, or curbs and gutters.
(3) (a) (i) If the estimates of a qualified engineer referred to in Section 72-6-108 are
substantially lower than any responsible bid received or in the event no bids are received, the
county or municipality may perform the work by force account.
(ii) In no event shall "substantially lower" mean estimates that are less than 10% below
the lowest responsible bid.
(b) If a county or municipality performs an improvement project by force account, it
shall:
(i) provide an accounting of the costs and expenditures of the improvement including
material, labor, and direct equipment costs to be calculated using the Cost Reference Guide for
Construction Equipment by Dataquest Inc.;
(ii) disclose the costs and expenditures to any person upon request and allow the person
to make a copy and pay for the actual cost of the copy; and
(iii) perform the work using the same specifications and standards that would apply to a
private contractor.
Section 283. Section 72-6-114 is amended to read:
72-6-114. Restricting use of or closing highway -- Penalty for failure to observe
barricade, warning light, etc.
(1) A highway authority may close or restrict travel on a highway under their jurisdiction
due to construction, maintenance work, or emergency.
(2) If a highway or portion of a highway is closed or restricted to travel, a highway
authority shall cause suitable barriers and notices to be posted and maintained in accordance with
Section [
(3) A person who willfully fails to observe any barricade, warning light, sign, or flagman,
used in accordance with this section, is guilty of a class B misdemeanor.
Section 284. Section 72-7-107 is amended to read:
72-7-107. Public safety program signs -- Permits.
(1) As used in this section, "public safety program sign" means a sign, placed on or
adjacent to a highway, that is promoting a highway safety program or highway safety practice, or
a crime or drug abuse prevention program that is being sponsored by the department, the
Department of Public Safety, or a local law enforcement agency.
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules to allow public safety program signs on state highways by permit.
The rules shall contain reasonable terms and conditions:
(a) that are no more restrictive than motorist service signing requirements of the Manual
on Uniform Traffic Control Devices for Streets and Highways adopted under Section [
41-6a-301 ; and
(b) for granting and maintaining a permit.
Section 285. Section 72-7-401 is amended to read:
72-7-401. Application of size, weight, and load limitations for vehicles --
Exceptions.
(1) (a) Except as provided in Subsection (2), the maximum size, weight, and load
limitations on vehicles under this part apply to all highways throughout the state.
(b) Local authorities may not alter the limitations except as expressly provided under
Sections [
(2) Except as specifically made applicable, the size, weight, and load limitations in this
chapter do not apply to:
(a) fire-fighting apparatus;
(b) highway construction and maintenance equipment being operated at the site of
maintenance or at a construction project as authorized by a highway authority;
(c) highway construction and maintenance equipment temporarily being operated
between a material site and a highway maintenance site or a highway construction project if:
(i) the section of any highway being used is not located within a county of the first or
second class;
(ii) authorized for a specific highway project by the highway authority having jurisdiction
over each highway being used;
(iii) the distance between the material site and maintenance site or highway construction
project does not exceed ten miles; and
(iv) the operator carries in the vehicle written verification of the authorization from the
highway authority having jurisdiction over each highway being used;
(d) implements of husbandry incidentally moved on a highway while engaged in an
agricultural operation or incidentally moved for repair or servicing, subject to the provisions of
Section 72-7-407 ;
(e) vehicles transporting logs or poles from forest to sawmill:
(i) when required to move upon a highway other than the national system of interstate
and defense highways;
(ii) if the gross vehicle weight does not exceed 80,000 pounds; and
(iii) the vehicle or combination of vehicles are in compliance with Subsections
72-7-404 (1) and (2)(a); and
(f) tow trucks or towing vehicles under emergency conditions when:
(i) it becomes necessary to move a vehicle, combination of vehicles, special mobile
equipment, or objects to the nearest safe area for parking or temporary storage;
(ii) no other alternative is available; and
(iii) the movement is for the safety of the traveling public.
(3) (a) Except when operating on the national system of interstate and defense highways,
a motor vehicle carrying livestock as defined in Section 4-1-8 , or a motor vehicle carrying raw
grain if the grain is being transported by the farmer from his farm to market prior to bagging,
weighing, or processing, may exceed by up to 2,000 pounds the tandem axle weight limitations
specified under Section 72-7-404 without obtaining an overweight permit under Section
72-7-406 .
(b) Subsection (3)(a) is an exception to Sections 72-7-404 and 72-7-406 .
Section 286. Section 72-7-403 is amended to read:
72-7-403. Towing requirements and limitations on towing.
(1) (a) The draw-bar or other connection between any two vehicles, one of which is
towing or drawing the other on a highway, may not exceed 15 feet in length from one vehicle to
the other except in the case of a connection between any two vehicles transporting poles, pipe,
machinery, or structural material that cannot be dismembered when transported upon a pole
trailer as defined in Section [
(b) When the connection between the two vehicles is a chain, rope, or cable, a red flag or
other signal or cloth not less than 12 inches both in length and width shall be displayed on or near
the midpoint of the connection.
(2) A person may not operate a combination of vehicles when any trailer, semitrailer, or
other vehicle being towed:
(a) whips or swerves from side to side dangerously or unreasonably; or
(b) fails to follow substantially in the path of the towing vehicle.
(3) A person who violates this section is guilty of a class B misdemeanor.
Section 287. Section 72-7-407 is amended to read:
72-7-407. Implements of husbandry -- Escort vehicle requirements -- Oversize
permit -- Rulemaking -- Penalty.
(1) As used in this section, "escort vehicle" means a motor vehicle, as defined under
Section 41-1a-102 , that has its emergency warning lights operating, and that is being used to
warn approaching motorists by either preceding or following a slow or oversized vehicle, object,
or implement of husbandry being moved on the highway.
(2) An implement of husbandry being moved on a highway shall be accompanied by:
(a) front and rear escort vehicles when the implement of husbandry is 16 feet in width or
greater unless the implement of husbandry is moved by a farmer or rancher or his employees in
connection with an agricultural operation; or
(b) one or more escort vehicles when the implement of husbandry is traveling on a
highway where special hazards exist related to weather, pedestrians, other traffic, or highway
conditions.
(3) In addition to the requirements of Subsection (2), a person may not move an
implement of husbandry on a highway during hours of darkness without lights and reflectors as
required under Section [
(4) (a) Except for an implement of husbandry moved by a farmer or rancher or the
farmer's or rancher's employees in connection with an agricultural operation, a person may not
move an implement of husbandry on the highway without:
(i) an oversize permit obtained under Section 72-7-406 if required;
(ii) trained escort vehicle drivers and approved escort vehicles when required under
Subsection (2); and
(iii) compliance with the vehicle weight requirements of Section 72-7-404 .
(b) (i) The department shall issue an annual oversize permit for the purpose of allowing
the movement of implements of husbandry on the highways in accordance with this chapter.
(ii) The permit shall require the applicant to obtain verbal permission from the
department for each trip involving the movement of an implement of husbandry 16 feet or greater
in width.
(c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules specifying training for escort vehicle drivers and equipment
requirements for escort vehicles as provided in Subsection (4)(a).
(5) Any person who violates this section is guilty of a class B misdemeanor.
Section 288. Section 72-9-501 is amended to read:
72-9-501. Construction, operation, and maintenance of ports-of-entry by the
department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry
agents.
(1) (a) The department shall construct ports-of-entry for the purpose of checking motor
carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws including
laws relating to:
(i) driver qualifications;
(ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act;
(iii) vehicle registration;
(iv) fuel tax payment;
(v) vehicle size, weight, and load;
(vi) security or insurance;
(vii) this chapter;
(viii) hazardous material as defined under 49 U.S.C. 5102;
(ix) livestock transportation; and
(x) safety.
(b) The ports-of-entry shall be located on state highways at sites determined by the
department.
(2) (a) The ports-of-entry shall be operated and maintained by the department.
(b) A port-of-entry agent may check, inspect, or test drivers, vehicles, and vehicle loads
for compliance with state and federal laws specified in Subsection (1).
(3) (a) A port-of-entry agent, in whose presence an offense described in this section is
committed, may:
(i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18 ;
(ii) request and administer chemical tests to determine blood alcohol concentration in
compliance with Section [
(iii) place a driver out-of-service in accordance with Section 53-3-417 ; and
(iv) serve a driver with notice of the Driver License Division of the Department of Public
Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle in
accordance with Section 53-3-418 .
(b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a
port-of-entry agent who is not a peace officer or special function officer designated under Title
53, Chapter 13, Peace Officer Classifications.
Section 289. Section 72-9-601 is amended to read:
72-9-601. Tow truck motor carrier requirements -- Authorized towing certificates.
(1) In addition to the requirements of this chapter, a tow truck motor carrier shall:
(a) ensure that all the motor carrier's tow truck drivers are properly:
(i) trained to operate tow truck equipment;
(ii) licensed, as required under Title 53, Chapter 3, Uniform Driver License Act; and
(iii) complying with the requirements under Sections [
72-9-603 ; and
(b) obtain and display a current authorized towing certificate for the tow truck motor
carrier, and each tow truck and driver, as required under Section 72-9-602 .
(2) A tow truck motor carrier may only perform a towing service described in Section
[
has a current authorized towing certificate under this part.
Section 290. Section 72-9-602 is amended to read:
72-9-602. Towing inspections, investigations, and certification -- Equipment
requirements -- Consumer information.
(1) (a) The department shall inspect, investigate, and certify tow truck motor carriers,
tow trucks, and tow truck drivers to ensure compliance with this chapter and compliance with
Sections [
(b) The inspection, investigation, and certification shall be conducted prior to any tow
truck operation and at least every two years thereafter.
(c) (i) The department shall issue an authorized towing certificate for each tow truck
motor carrier, tow truck, and driver that complies with this part.
(ii) The certificate shall expire two years from the month of issuance.
(d) The department may charge a biennial fee established under Section 63-38-3.2 to
cover the cost of the inspection, investigation, and certification required under this part.
(2) The department shall make consumer protection information available to the public
that may use a tow truck motor carrier.
Section 291. Section 72-9-603 is amended to read:
72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned vehicle
title restrictions -- Rules for maximum rates and certification.
(1) Except for tow truck service that was ordered by a peace officer, or a person acting on
behalf of a law enforcement agency, or a highway authority, as defined in Section 72-1-102 , after
performing a tow truck service that is being done without the vehicle, vessel, or outboard motor
owner's knowledge, the tow truck operator or the tow truck motor carrier shall:
(a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
or outboard motor, contact the law enforcement agency having jurisdiction over the area where
the vehicle, vessel, or outboard motor was picked up and notify the agency of the:
(i) location of the vehicle, vessel, or outboard motor;
(ii) date, time, and location from which the vehicle, vessel, or outboard motor was
removed;
(iii) reasons for the removal of the vehicle, vessel, or outboard motor;
(iv) person who requested the removal of the vehicle, vessel, or outboard motor; and
(v) vehicle, vessel, or outboard motor's description, including its identification number
and license number or other identification number issued by a state agency; and
(b) within two business days of performing the tow truck service, send a certified letter to
the last-known address of the registered owner and lien holder of the vehicle, vessel, or outboard
motor obtained from the Motor Vehicle Division or if the person has actual knowledge of the
owner's address to the current address, notifying him of the:
(i) location of the vehicle, vessel, or outboard motor;
(ii) date, time, location from which the vehicle, vessel, or outboard motor was removed;
(iii) reasons for the removal of the vehicle, vessel, or outboard motor;
(iv) person who requested the removal of the vehicle, vessel, or outboard motor;
(v) a description, including its identification number and license number or other
identification number issued by a state agency; and
(vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor.
(2) Until the tow truck operator or tow truck motor carrier reports the removal as
required under Subsection (1)(a), a tow truck motor carrier or impound yard may not:
(a) collect any fee associated with the removal; and
(b) begin charging storage fees.
(3) The owner of a vehicle, vessel, or outboard motor lawfully removed is only
responsible for paying:
(a) the tow truck service and storage fees set in accordance with Subsection (7); and
(b) the administrative impound fee set in Section [
(4) The fees under Subsection (3) are a possessory lien on the vehicle, vessel, or outboard
motor until paid.
(5) A person may not request a transfer of title to an abandoned vehicle until at least 30
days after notice has been sent under Subsection (1)(b).
(6) A tow truck motor carrier or impound yard shall clearly and conspicuously post and
disclose all its current fees and rates for tow truck service and storage of a vehicle in accordance
with rules established under Subsection (7).
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Transportation shall:
(a) set maximum rates that:
(i) tow truck motor carriers may charge for the tow truck service of a vehicle, vessel, or
outboard motor that are transported in response to:
(A) a peace officer dispatch call;
(B) a motor vehicle division call; and
(C) any other call where the owner of the vehicle, vessel, or outboard motor has not
consented to the removal; and
(ii) impound yards may charge for the storage of a vehicle, vessel, or outboard motor
stored as a result of one of the conditions listed under Subsection (7)(a)(i);
(b) establish authorized towing certification requirements, not in conflict with federal
law, related to incident safety, clean-up, and hazardous material handling; and
(c) specify the form and content of the posting and disclosure of fees and rates charged
by a tow truck motor carrier or impound yard.
Section 292. Section 72-10-501 is amended to read:
72-10-501. Flying under the influence of alcohol, drugs, or with specified or unsafe
blood alcohol concentration -- Calculations of blood or breath alcohol -- Criminal
punishment -- Arrest without warrant.
(1) (a) A person may not operate or be in actual physical control of an aircraft within this
state if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of .04 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
any drug to a degree that renders the person incapable of safely operating an aircraft; or
(iii) has a blood or breath alcohol concentration of .04 grams or greater at the time of
operation or actual physical control.
(b) The fact that a person charged with violating this section is or has been legally
entitled to use alcohol or a drug is not a defense against any charge of violating this section.
(2) Calculations of blood or breath alcohol concentration under this section shall be made
in accordance with Subsection [
(3) (a) A person convicted of a violation of Subsection (1) is guilty of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person has also inflicted bodily injury upon another as a
proximate result of having operated the aircraft in a negligent manner.
(b) In this section, the standard of negligence is that of simple negligence, the failure to
exercise that degree of care that an ordinarily reasonable and prudent person exercises under like
or similar circumstances.
(4) A peace officer may, without a warrant, arrest a person for a violation of this section
when the officer has probable cause to believe:
(a) the violation has occurred, although not in the officer's presence; and
(b) the violation was committed by that person.
Section 293. Section 72-10-502 is amended to read:
72-10-502. Implied consent to chemical tests for alcohol or drugs -- Number of tests
-- Refusal -- Person incapable of refusal -- Results of test available -- Who may give test --
Evidence.
(1) (a) A person operating an aircraft in this state consents to a chemical test or tests of
the person's breath, blood, urine, or oral fluids:
(i) for the purpose of determining whether the person was operating or in actual physical
control of an aircraft while having a blood or breath alcohol content statutorily prohibited under
Section 72-10-501 , or while under the influence of alcohol, any drug, or combination of alcohol
and any drug under Section 72-10-501 , if the test is or tests are administered at the direction of a
peace officer having grounds to believe that person to have been operating or in actual physical
control of an aircraft in violation of Section 72-10-501 ; or
(ii) if the person operating the aircraft is involved in an accident that results in death,
serious injury, or substantial aircraft damage.
(b) (i) The peace officer determines which of the tests are administered and how many of
them are administered.
(ii) The peace officer may order any or all tests of the person's breath, blood, urine, or
oral fluids.
(iii) If an officer requests more than one test, refusal by a person to take one or more
requested tests, even though the person does submit to any other requested test or tests, is a
refusal under this section.
(c) (i) A person who has been requested under this section to submit to a chemical test or
tests of the person's breath, blood, urine, or oral fluids may not select the test or tests to be
administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is
not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal,
civil, or administrative proceeding resulting from a person's refusal to submit to the requested
test or tests.
(2) (a) If the person has been placed under arrest and has then been requested by a peace
officer to submit to any one or more of the chemical tests provided in Subsection (1) and refuses
to submit to any chemical test, the person shall be warned by the peace officer requesting the test
that a refusal to submit to the test is admissible in civil or criminal proceedings as provided under
Subsection (8).
(b) Following this warning, unless the person immediately requests that the chemical test
offered by a peace officer be administered, a test may not be given.
(3) Any person who is dead, unconscious, or in any other condition rendering the person
incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn
the consent provided for in Subsection (1), and the test or tests may be administered whether the
person has been arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall be
made available to that person.
(5) (a) Only a physician, registered nurse, practical nurse, or person authorized under
Section 26-1-30 to draw blood under Section [
peace officer, may withdraw blood to determine the alcohol or drug content. This limitation does
not apply to the taking of a urine, breath, or oral fluid specimen.
(b) Any physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 to draw blood under Section [
officer, draws a sample of blood from any person whom a peace officer has reason to believe is
flying in violation of this chapter, or hospital or medical facility at which the sample is drawn, is
immune from any civil or criminal liability arising from drawing the sample, if the test is
administered according to standard medical practice.
(6) (a) The person to be tested may, at the person's own expense, have a physician of the
person's own choice administer a chemical test in addition to the test or tests administered at the
direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of the
results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or
tests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the direction
of a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, the
person to be tested does not have the right to consult an attorney or have an attorney, physician,
or other person present as a condition for the taking of any test.
(8) If a person under arrest refuses to submit to a chemical test or tests or any additional
test under this section, evidence of any refusal is admissible in any civil or criminal action or
proceeding arising out of acts alleged to have been committed while the person was operating or
in actual physical control of an aircraft while under the influence of alcohol, any drug, or
combination of alcohol and any drug.
(9) The results of any test taken under this section or the refusal to be tested shall be
reported to the Federal Aviation Administration by the peace officer requesting the test.
Section 294. Section 72-12-110 is amended to read:
72-12-110. Vehicles used and drivers excluded from definitions for regulatory
purposes.
(1) A motor vehicle used in a ride-sharing arrangement is not a bus or commercial
vehicle under:
[
[
(b) Title 41, Chapter 6a, Traffic Code, relating to equipment requirements and rules of
the road.
(2) The driver of a vehicle used in a ride-sharing arrangement is not a chauffeur and he is
not transporting persons for compensation under the driver licensing provisions of Title 53,
Chapter 3, Uniform Driver License Act.
Section 295. Section 73-18-13 is amended to read:
73-18-13. Duties of operator involved in accident -- Notification and reporting
procedures -- Use of accident reports -- Giving false information as misdemeanor.
(1) As used in this section, "agent" has the same meaning as provided in Section
[
(2) It is the duty of the operator of a vessel involved in an accident, if he can do so
without seriously endangering his own vessel, crew, or passengers, to render aid to those affected
by the accident as may be practicable. The operator shall also give his name, address, and
identification of his vessel in writing to any person injured or to the owner of any property
damaged in the accident.
(3) (a) The board shall adopt rules governing the notification and reporting procedure for
vessels involved in accidents.
(b) The rules shall be consistent with federal requirements.
(4) (a) Except as provided in Subsection (4)(b), all accident reports:
(i) are protected and shall be for the confidential use of the division or other state, local,
or federal agencies having use for the records for official governmental statistical, investigative,
and accident prevention purposes; and
(ii) may be disclosed only in a statistical form that protects the privacy of any person
involved in the accident.
(b) The division shall disclose a written accident report and its accompanying data to:
(i) a person involved in the accident, excluding a witness to the accident;
(ii) a person suffering loss or injury in the accident;
(iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i) and
(ii);
(iv) a member of the press or broadcast news media;
(v) a state, local, or federal agency that uses the records for official governmental,
investigative, or accident prevention purposes;
(vi) law enforcement personnel when acting in their official governmental capacity; and
(vii) a licensed private investigator.
(c) Information provided to a member of the press or broadcast news media under
Subsection (4)(b)(iv) may only include:
(i) the name, age, sex, and city of residence of each person involved in the accident;
(ii) the make and model year of each vehicle involved in the accident;
(iii) whether or not each person involved in the accident was covered by a vehicle
insurance policy;
(iv) the location of the accident; and
(v) a description of the accident that excludes personal identifying information not listed
in Subsection (4)(c)(i).
(5) (a) Except as provided in Subsection (5)(b), an accident report may not be used as
evidence in any civil or criminal trial, arising out of an accident.
(b) Upon demand of any person who has, or claims to have, made the report, or upon
demand of any court, the division shall furnish a certificate showing that a specified accident
report has or has not been made to the division solely to prove a compliance or a failure to
comply with the requirement that a report be made to the division. Accident reports may be used
as evidence when necessary to prosecute charges filed in connection with a violation of
Subsection (6).
(6) Any person who gives false information, knowingly or having reason to believe it is
false, in an oral or written report as required in this chapter, is guilty of a class A misdemeanor.
Section 296. Section 73-18-15.5 is amended to read:
73-18-15.5. Authorizing or permitting driving a vessel in violation of law.
(1) A person may not authorize or knowingly permit a vessel owned by him or that is
under his control to be driven by a person in violation of this chapter or Title 41, Chapter [
(2) A person who violates Subsection (1) is guilty of a class C misdemeanor.
Section 297. Section 73-18-20 is amended to read:
73-18-20. Enforcement of chapter -- Authority to stop and board vessels --
Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
(1) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
Classifications, may enforce the provisions of this chapter and the rules promulgated under this
chapter.
(2) Any law enforcement officer authorized under Title 53, Chapter 13, Peace Officer
Classifications, has the authority to stop and board any vessel subject to this chapter, whether the
vessel is on water or land. If that officer determines the vessel is overloaded, unseaworthy, or the
safety equipment required by this chapter or rules of the board is not on the vessel, that officer
may prohibit the launching of the vessel or stop the vessel from operating.
(3) An operator who, having received a visual or audible signal from a law enforcement
officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to bring his vessel to
a stop, operates his vessel in willful or wanton disregard of the signal so as to interfere with or
endanger the operation of any vessel or endanger any person, or who attempts to flee or elude the
officer whether by vessel or otherwise is guilty of a class A misdemeanor.
(4) Whenever any person is arrested for any violation of the provisions of this chapter or
of the rules promulgated under this chapter, the procedure for arrest is the same as outlined in
Sections [
Section 298. Section 73-18-20.1 is amended to read:
73-18-20.1. Seizure of a vessel.
(1) A peace officer, without a warrant, may seize and take possession of a vessel:
(a) that is placed or being operated on the waters of this state with improper registration;
(b) that the peace officer has reason to believe has been stolen;
(c) on which any hull identification number or serial number for an engine or outboard
motor has been defaced, altered, or obliterated;
(d) that has been abandoned on public land, highways, or waters of this state; or
(e) if the registration or title fees for the vessel or outboard motor have not been paid.
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized
to transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vessel under this section shall
comply with the provisions of Section [
Section 299. Section 73-18a-15 is amended to read:
73-18a-15. Arrest for violation -- Procedure.
Whenever any person is arrested for any violation of the provisions of this chapter or rule
promulgated under this chapter, the procedure for arrest is the same as specified in Sections
[
Section 300. Section 76-2-101 is amended to read:
76-2-101. Requirements of criminal conduct and criminal responsibility.
[
prohibited by law; and[
(b) (i) the person acts intentionally, knowingly, recklessly, with criminal negligence, or
with a mental state otherwise specified in the statute defining the offense, as the definition of the
offense requires; or
[
(2) These standards of criminal responsibility [
forth in Title 41, Chapter [
Section 301. Section 76-5-207 is amended to read:
76-5-207. Automobile homicide.
(1) As used in this section, "motor vehicle" means any self-propelled vehicle and
includes any automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
(2) (a) Criminal homicide is automobile homicide, a third degree felony, if the person
operates a motor vehicle in a negligent manner causing the death of another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
any drug to a degree that renders the person incapable of safely operating a vehicle; or
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
operation.
(b) A conviction for a violation of this Subsection (2) is a second degree felony if it is
subsequent to a conviction as defined in Subsection [
(c) As used in this Subsection (2), "negligent" means simple negligence, the failure to
exercise that degree of care that reasonable and prudent persons exercise under like or similar
circumstances.
(3) (a) Criminal homicide is automobile homicide, a second degree felony, if the person
operates a motor vehicle in a criminally negligent manner causing the death of another and:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the
person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
any drug to a degree that renders the person incapable of safely operating a vehicle; or
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
operation.
(b) As used in this Subsection (3), "criminally negligent" means criminal negligence as
defined by Subsection 76-2-103 (4).
(4) The standards for chemical breath analysis as provided by Section [
41-6a-515 and the provisions for the admissibility of chemical test results as provided by Section
[
section.
(5) Calculations of blood or breath alcohol concentration under this section shall be made
in accordance with Subsection [
(6) The fact that a person charged with violating this section is or has been legally
entitled to use alcohol or a drug is not a defense.
(7) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by Rules of Evidence or the constitution.
Section 302. Section 76-10-504 is amended to read:
76-10-504. Carrying concealed dangerous weapon -- Penalties.
(1) Except as provided in Section 76-10-503 and in Subsections (2) and (3):
(a) a person who carries a concealed dangerous weapon, as defined in Section 76-10-501 ,
which is not a firearm on his person or one that is readily accessible for immediate use which is
not securely encased, as defined in this part, in a place other than his residence, property, or
business under his control is guilty of a class B misdemeanor; and
(b) a person without a valid concealed firearm permit who carries a concealed dangerous
weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor,
but if the firearm contains ammunition the person is guilty of a class A misdemeanor.
(2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of a
second degree felony.
(3) If the concealed firearm is used in the commission of a violent felony as defined in
Section 76-3-203.5 , and the person is a party to the offense, the person is guilty of a second
degree felony.
(4) Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of
protected or unprotected wildlife as defined in Title 23, Wildlife Resources Code, from carrying
a concealed weapon or a concealed firearm with a barrel length of four inches or greater as long
as the taking of wildlife does not occur:
(a) within the limits of a municipality in violation of that municipality's ordinances; or
(b) upon the highways of the state as defined in Section [
Section 303. Section 76-10-528 is amended to read:
76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs
unlawful.
(1) Any person who carries a dangerous weapon while under the influence of alcohol or a
controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the
influence means the same level of influence or blood or breath alcohol concentration as provided
in Subsections [
(2) It is not a defense to prosecution under this section that the person:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.
Section 304. Section 76-10-1506 is amended to read:
76-10-1506. Threatening breach of peace -- Disorderly conduct -- Foul language --
Refusing requests -- Use of controlled substance, liquor, or tobacco -- Ejection of passenger.
(1) A person is guilty of a class C misdemeanor, if [
(a) threatens a breach of the peace, is disorderly, or uses obscene, profane, or vulgar
language on a bus;
(b) is in or upon any bus while unlawfully under the influence of a controlled substance
as defined in Section 58-37-2 ;
(c) fails to obey a reasonable request or order of a bus driver, bus company
representative, a nondrinking designee other than the driver as provided in Subsection
32A-12-213 (3)(c)(ii), or other person in charge or control of a bus or terminal;
(d) ingests any controlled substance, unless prescribed by a physician or medical facility,
in or upon any bus, or drinks intoxicating liquor in or upon any bus, except a chartered bus as
defined and provided in Sections 32A-1-105 and [
(e) smokes tobacco or other products in or upon any bus, except a chartered bus.
(2) If any person violates Subsection (1), the driver of the bus or person in charge thereof
may stop at the place where the offense is committed or at the next regular or convenient
stopping place and remove such person, using only such force as may be necessary to accomplish
the removal, and the driver or person in charge may request the assistance of passengers to assist
in the removal.
(3) The driver or person in charge may cause the person so removed to be detained and
delivered to the proper authorities.
Section 305. Section 77-2-4.2 is amended to read:
77-2-4.2. Compromise of traffic charges -- Limitations.
(1) As used in this section:
(a) "Compromise" means referral of a person charged with a traffic violation to traffic
school or other school, class, or remedial or rehabilitative program.
(b) "Traffic violation" means any charge, by citation or information, of a violation of:
(i) Title 41, Chapter [
(A) a class B misdemeanor;
(B) a class C misdemeanor; or
(C) an infraction; or
(ii) any local traffic ordinance.
(2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance
agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
(a) when the criminal prosecution is dismissed pursuant to Section 77-2-4 ; or
(b) when there is a plea by the defendant to and entry of a judgment by a court for the
offense originally charged or for an amended charge.
(3) In all cases which are compromised pursuant to the provisions of Subsection (2):
(a) the court, taking into consideration the offense charged, shall collect a plea in
abeyance fee which shall:
(i) be subject to the same surcharge as if imposed on a criminal fine; and
(ii) be allocated subject to the surcharge as if paid as a criminal fine under Section
78-3-14.5 and a surcharge under Title 63, Chapter 63a, Crime Victim Reparation Trust, Public
Safety Support Funds, Substance Abuse Prevention Account, and Services for Victims of
Domestic Violence Account; or
(b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic
school or other school, class, or rehabilitative program shall be collected, which surcharge shall:
(i) be computed, assessed, collected, and remitted in the same manner as if the traffic
school fee and surcharge had been imposed as a criminal fine and surcharge; and
(ii) be subject to the financial requirements contained in Title 63, Chapter 63a, Crime
Victim Reparation Trust, Public Safety Support Funds, Substance Abuse Prevention Account,
and Services for Victims of Domestic Violence Account.
Section 306. Section 77-2a-3.1 is amended to read:
77-2a-3.1. Restrictions on pleas to driving under the influence violations.
(1) As used in this section, an "education or treatment incentive program" means a
program that includes:
(a) a screening as defined in Section [
of Substance Abuse and Mental Health in accordance with Section 62A-15-105 ;
(b) an assessment as defined in Section [
Board of Substance Abuse and Mental Health in accordance with Section 62A-15-105 , if found
appropriate in a screening under Subsection (1)(a);
(c) (i) an educational series as defined in Section [
the Board of Substance Abuse and Mental Health in accordance with Section 62A-15-105 ; or
(ii) a substance abuse treatment program as defined in Section [
is approved by the Board of Substance Abuse and Mental Health in accordance with Section
62A-15-105 , if found appropriate in an assessment under Subsection (1)(b);
(d) regular court reviews for compliance;
(e) random drug and alcohol testing; and
(f) if a substance abuse treatment program is found appropriate under Subsection (1)(c),
at least monthly reports from the substance abuse treatment program to the court.
(2) (a) A plea may not be held in abeyance in any case involving a driving under the
influence violation under Section [
misdemeanor.
(b) A plea to a driving under the influence violation under Section [
that is punishable as a class B misdemeanor may not be held in abeyance unless:
(i) (A) the plea is entered pursuant to an education or treatment incentive program; and
(B) the education or treatment incentive program is approved by the district attorney,
county attorney, attorney general, or chief prosecutor of a municipality; or
(ii) evidentiary issues or other circumstances justify resolution of the case with a plea in
abeyance.
(3) A plea to a driving under the influence violation under Section [
may not be dismissed or entered as a conviction of a lesser offense pursuant to Subsection
(2)(b)(i) if the defendant:
(a) has been convicted of any other violation which is defined as a conviction under
Subsection [
(b) has had a plea to any other violation of Section [
abeyance; or
(c) in the current case:
(i) operated a vehicle in a negligent manner proximately resulting in bodily injury to
another or property damage to an extent requiring reporting to a law enforcement agency under
Section [
(ii) had a blood or breath alcohol level of .16 or higher; or
(iii) had a passenger under 18 years of age in the vehicle at the time of the offense.
(4) A decision by a prosecuting attorney not to establish an education or treatment
incentive program is final.
Section 307. Section 77-7-18 is amended to read:
77-7-18. Citation on misdemeanor or infraction charge.
A peace officer, in lieu of taking a person into custody, any public official of any county
or municipality charged with the enforcement of the law, a port-of-entry agent as defined in
Section 72-1-102 , and a volunteer authorized to issue a citation under Section [
41-6a-213 may issue and deliver a citation requiring any person subject to arrest or prosecution
on a misdemeanor or infraction charge to appear at the court of the magistrate before whom the
person should be taken pursuant to law if the person had been arrested.
Section 308. Section 77-7-24 , which is renumbered from Section 41-6-167 is
renumbered and amended to read:
[
Signing -- Release from custody -- Official misconduct.
(1) [
who is arrested for a violation of Title 41, Chapter 6a, Traffic Code, that is punishable as a
misdemeanor is immediately taken before a magistrate as [
77-7-23 , the peace officer shall prepare, in triplicate or more copies, a written notice to appear in
court containing:
(a) the name and address of the person;
(b) the number, if any, of the person's [
(c) the [
(d) the offense charged; and
(e) the time and place the person shall appear in court.
(2) The time specified in the notice to appear must be at least five days after the arrest of
the person unless the person demands an earlier hearing.
(3) The place specified in the notice to appear shall be made before a magistrate of
competent jurisdiction in the county in which the alleged violation occurred.
(4) (a) In order to secure release as provided in this section, the arrested person shall
promise to appear in court by signing at least one copy of the written notice prepared by the
arresting officer.
(b) The arresting peace officer shall immediately:
(i) deliver a copy of the notice to the person promising to appear; and
(ii) release the person arrested from custody.
(5) [
(a) guilty of misconduct in office; and
(b) subject to removal from office.
Section 309. Section 77-7-25 , which is renumbered from Section 41-6-173 is
renumbered and amended to read:
[
upon conviction or forfeiture of bail -- Form and contents -- Official misconduct.
(1) A magistrate or judge of a court [
shall keep a full record of each case in which a person is charged with:
(a) a violation of this chapter; or
(b) any other law regulating the operation of a motor vehicle on the highway.
(2) (a) Within ten days after the conviction or forfeiture of bail of a person [
charge of violating [
motor vehicle on the highway, the magistrate of the court or clerk of the court [
which the conviction was made or bail was forfeited shall prepare and immediately forward to
the department an abstract of the record of the court covering the case in which the person was
convicted or forfeited bail.
(b) The abstract shall be certified by the person required to prepare the abstract to be true
and correct.
(c) A report under this Subsection (2) is not required for a conviction involving the
illegal parking or standing of a vehicle.
(3) The abstract must be made in a manner specified by the Driver License Division and
shall include the:
(a) name and address of the party charged;
(b) number, if any, of the person's [
(c) [
(d) nature of the offense;
(e) date of hearing;
(f) plea;
(g) judgment, or whether bail was forfeited; and
(h) amount of the fine or forfeiture.
(4) A court [
[
was used.
(5) The failure, refusal, or neglect of a judicial officer to comply with the requirements of
this section constitutes misconduct in office and is grounds for removal.
(6) The Driver License Division shall classify and disclose all abstracts received in
accordance with Section 53-3-109 .
Section 310. Section 77-7-26 , which is renumbered from Section 41-6-172 is
renumbered and amended to read:
[
traffic citation -- Official misconduct -- Misdemeanor.
(1) (a) It [
officer or public employee to dispose of:
(i) a notice to appear; or [
(ii) traffic citation [
(b) The provisions of Subsection (1)(a) do not apply if the disposal is done with the
consent of the magistrate before whom the arrested person was to appear.
(2) [
[
B misdemeanor.
Section 311. Section 77-18-12 is amended to read:
77-18-12. Grounds for denial of certificate of eligibility -- Effect of prior
convictions.
(1) The division shall issue a certificate of eligibility to a petitioner seeking to obtain
expungement for a criminal record unless prior to issuing a certificate of eligibility the division
finds, through records of a governmental agency, including national criminal data bases that:
(a) the conviction for which expungement is sought is:
(i) a capital felony;
(ii) a first degree felony;
(iii) a second degree forcible felony;
(iv) automobile homicide;
(v) a felony violation of Section [
(vi) a conviction involving a sexual act against a minor;
(vii) any registerable sex offense as defined in Subsection 77-27-21.5 (1)(d); or
(viii) an attempt, solicitation, or conspiracy to commit any offense listed in Subsection
77-27-21.5 (1)(d);
(b) the petitioner's record includes two or more convictions for any type of offense which
would be classified as a felony under Utah law, not arising out of a single criminal episode,
regardless of the jurisdiction in which the convictions occurred;
(c) the petitioner has previously obtained expungement in any jurisdiction of a crime
which would be classified as a felony in Utah;
(d) the petitioner has previously obtained expungement in any jurisdiction of two or
more convictions which would be classified as misdemeanors in Utah unless the convictions
would be classified as class B or class C misdemeanors in Utah and 15 years have passed since
these misdemeanor convictions;
(e) the petitioner was convicted in any jurisdiction, subsequent to the conviction for
which expungement is sought and within the time periods as provided in Subsection (2), of a
crime which would be classified in Utah as a felony, misdemeanor, or infraction;
(f) the person has a combination of three or more convictions not arising out of a single
criminal episode including any conviction for an offense which would be classified under Utah
law as a class B or class A misdemeanor or as a felony, including any misdemeanor and felony
convictions previously expunged, regardless of the jurisdiction in which the conviction or
expungement occurred; or
(g) a proceeding involving a crime is pending or being instituted in any jurisdiction
against the petitioner.
(2) A conviction may not be included for purposes of Subsection (1)(e), and a conviction
may not be considered for expungement until, after the petitioner's release from incarceration,
parole, or probation, whichever occurs last and all fines ordered by the court have been satisfied,
at least the following period of time has elapsed:
(a) seven years in the case of a felony;
(b) ten years in the case of:
(i) a misdemeanor conviction or the equivalent of a misdemeanor conviction as defined
in Subsection [
(ii) a felony violation of Subsection 58-37-8 (2)(g);
(c) five years in the case of a class A misdemeanor;
(d) three years in the case of any other misdemeanor or infraction under Title 76, Utah
Criminal Code; or
(e) 15 years in the case of multiple class B or class C misdemeanors.
(3) A petitioner who would not be eligible to receive a certificate of eligibility under
Subsection (1)(d) or (f) may receive a certificate of eligibility for one additional expungement if
at least 15 years have elapsed since the last of any of the following:
(a) release from incarceration, parole, or probation relating to the most recent conviction;
and
(b) any other conviction which would have prevented issuance of a certificate of
eligibility under Subsection (1)(e).
(4) If, after reasonable research, a disposition for an arrest on the criminal history file is
unobtainable, the division may issue a special certificate giving discretion of eligibility to the
court.
Section 312. Section 78-3a-104 is amended to read:
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a minor who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming 18
years of age, regardless of where the violation occurred, excluding traffic laws and boating and
ordinances;
(b) a person 21 years of age or older who has failed or refused to comply with an order of
the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
birthday; however, the continuing jurisdiction is limited to causing compliance with existing
orders;
(c) a minor who is an abused child, neglected child, or dependent child, as those terms
are defined in Section 78-3a-103 ;
(d) a protective order for a minor pursuant to the provisions of Title 78, Chapter 3h,
Child Protective Orders, which the juvenile court may transfer to the district court if the juvenile
court has entered an ex parte protective order and finds that:
(i) the petitioner and the respondent are the natural parent, adoptive parent, or step parent
of the child who is the object of the petition;
(ii) the district court has a petition pending or an order related to custody or parent-time
entered under Title 30, Chapter 3, Divorce, Title 30, Chapter 6, Cohabitant Abuse Act, or Title
78, Chapter 45a, Uniform Act on Paternity, in which the petitioner and the respondent are
parties; and
(iii) the best interests of the child will be better served in the district court;
(e) appointment of a guardian of the person or other guardian of a minor who comes
within the court's jurisdiction under other provisions of this section;
(f) the termination of the legal parent-child relationship in accordance with Part 4,
Termination of Parental Rights Act, including termination of residual parental rights and duties;
(g) the treatment or commitment of a mentally retarded minor;
(h) a minor who is a habitual truant from school;
(i) the judicial consent to the marriage of a minor under age 16 upon a determination of
voluntariness or where otherwise required by law, employment, or enlistment of a minor when
consent is required by law;
(j) any parent or parents of a minor committed to a secure youth corrections facility, to
order, at the discretion of the court and on the recommendation of a secure youth corrections
facility, the parent or parents of a minor committed to a secure youth corrections facility for a
custodial term, to undergo group rehabilitation therapy under the direction of a secure youth
corrections facility therapist, who has supervision of that parent's or parents' minor, or any other
therapist the court may direct, for a period directed by the court as recommended by a secure
youth corrections facility;
(k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
(l) the treatment or commitment of a mentally ill child. The court may commit a child to
the physical custody of a local mental health authority in accordance with the procedures and
requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to
Division of Substance Abuse and Mental Health. The court may not commit a child directly to
the Utah State Hospital;
(m) the commitment of a minor in accordance with Section 62A-15-301 ;
(n) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 63-46b-15 ; and
(o) adoptions conducted in accordance with the procedures described in Title 78, Chapter
30, Adoption, when the juvenile court has previously entered an order terminating the rights of a
parent and finds that adoption is in the best interest of the minor.
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
jurisdiction over any traffic or boating offense committed by a minor under 16 years of age and
concurrent jurisdiction over all other traffic or boating offenses committed by a minor 16 years of
age or older, except that the court shall have exclusive jurisdiction over the following offenses
committed by a minor under 18 years of age:
(a) Section 76-5-207 , automobile homicide;
(b) Section [
or drugs;
(c) Section [
operation;
(d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer
for an extended period of time; and
(e) Section [
(3) The court also has jurisdiction over traffic and boating offenses that are part of a
single criminal episode filed in a petition that contains an offense over which the court has
jurisdiction.
(4) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that minor where, despite earnest and persistent
efforts by the division or agency, the minor has demonstrated that he:
(a) is beyond the control of his parent, guardian, lawful custodian, or school authorities
to the extent that his behavior or condition endangers his own welfare or the welfare of others; or
(b) has run away from home.
(5) This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
(6) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
under Section 78-3a-602 .
(7) The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 78-3a-320 .
Section 313. Section 78-18-1 is amended to read:
78-18-1. Basis for punitive damages awards -- Section inapplicable to DUI cases --
Division of award with state.
(1) (a) Except as otherwise provided by statute, punitive damages may be awarded only if
compensatory or general damages are awarded and it is established by clear and convincing
evidence that the acts or omissions of the tortfeasor are the result of willful and malicious or
intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference
toward, and a disregard of, the rights of others.
(b) The limitations, standards of evidence, and standards of conduct of Subsection (1)(a)
do not apply to any claim for punitive damages arising out of the tortfeasor's operation of a motor
vehicle or motorboat while voluntarily intoxicated or under the influence of any drug or
combination of alcohol and drugs as prohibited by Section [
(c) The award of a penalty under Section 78-11-15 or 78-11-16 regarding shoplifting is
not subject to the prior award of compensatory or general damages under Subsection (1)(a)
whether or not restitution has been paid to the merchant prior to or as a part of a civil action
under Section 78-11-15 or 78-11-16 .
(2) Evidence of a party's wealth or financial condition shall be admissible only after a
finding of liability for punitive damages has been made.
(3) (a) In any case where punitive damages are awarded, the judgment shall provide that
50% of the amount of the punitive damages in excess of $20,000 shall, after an allowable
deduction for the payment of attorneys' fees and costs, be remitted by the judgment debtor to the
state treasurer for deposit into the General Fund.
(b) For the purposes of this Subsection (3), an "allowable deduction for the payment of
attorneys' fees and costs" shall equal the amount of actual and reasonable attorneys' fees and
costs incurred by the judgment creditor minus the amount of any separate judgment awarding
attorneys' fees and costs to the judgment creditor.
(c) The state shall have all rights due a judgment creditor until the judgment is satisfied,
and stand on equal footing with the judgment creditor of the original case in securing a recovery.
(d) Unless all affected parties, including the state, expressly agree otherwise or the
application is contrary to the terms of the judgment, any payment on the judgment by or on
behalf of any judgment debtor, whether voluntary or by execution or otherwise, shall be applied
in the following order:
(i) compensatory damages, and any applicable attorneys fees and costs;
(ii) the initial $20,000 punitive damages; and [
(iii) the balance of the punitive damages.
Section 314. Section 78-57-102 is amended to read:
78-57-102. Definitions.
(1) "Adult" means a person 18 years of age or older.
(2) "Gang activity" means any criminal activity that is conducted as part of an organized
youth gang. It includes any criminal activity that is done in concert with other gang members, or
done alone if it is to fulfill gang purposes. "Gang activity" does not include graffiti.
(3) "Minor offense" means any unlawful act that is a status offense or would be a class B
or C misdemeanor, infraction, or violation of a municipal or county ordinance if the youth were
an adult. "Minor offense" does not include:
(a) class A misdemeanors;
(b) felonies of any degree;
(c) any offenses that are committed as part of gang activity;
(d) any of the following offenses which would carry mandatory dispositions if referred to
the juvenile court under Section 78-3a-506 :
(i) a second violation of Section 32A-12-209 , Unlawful Purchase, Possession or
Consumption by Minors -- Measurable Amounts in Body;
(ii) a violation of Section [
(iii) a violation of Section 58-37-8 , Controlled Substances Act;
(iv) a violation of Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(v) a violation of Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(vi) a violation of Section 76-9-701 , Intoxication; or
(e) any offense where a dangerous weapon, as defined in Subsection 76-1-601 (5), is used
in the commission of the offense.
(4) "Sponsoring entity" means any political subdivision of the state, including a school or
school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or town.
(5) "Status offense" means a violation of the law that would not be a violation but for the
age of the offender.
(6) "Youth" means a person under the age of 18 years or who is 18 but still attending
high school.
Section 315. Repealer.
This bill repeals:
Section 41-6-22, Traffic control devices -- Placing and maintenance upon local
highways by local authorities.
Section 41-6-29, Operator's duty at accident -- Stop at accident -- Penalty.
Section 41-6-30, Accidents involving damage to vehicle or property -- Stop at
accident -- Penalty.
Section 41-6-32, Collision with unattended vehicle or other property -- Duties of
operator -- Penalty.
Section 41-6-37, Accident reports -- Forms -- Contents -- Penalties for failure to
make report.
Section 41-6-42, Local powers to require report.
Section 41-6-43.5, Definitions.
Section 41-6-50, Special speed limit on bridges -- Prima facie evidence.
Section 41-6-70, Signals -- Methods.
Section 41-6-71, Signals -- How made -- Exceptions for right hand signals.
Section 41-6-75, Entering or crossing highway other than from another roadway --
Yield right-of-way.
Section 41-6-75.5, Merging lanes -- Yielding.
Section 41-6-120, Tail lamps -- Illumination of rear registration plate -- Reflectors.
Section 41-6-121.10, Stop lamps required -- Supplemental stop lamps -- Turn
signals.
Section 41-6-122, Additional lamps and reflectors.
Section 41-6-132, Emergency vehicles -- Flashing lights -- Rotating lights.
Section 41-6-139, Number of front lamps required and permitted.
Section 41-6-142, Department to adopt standards for lights and other equipment --
Compliance with federal standards -- Trademark or brand name.
Section 41-6-155, Vehicles and equipment must be in safe mechanical condition.
Section 41-6-166, Appearance upon arrest for misdemeanor -- Setting bond.
Section 41-6-168, Violation of promise to appear as misdemeanor -- Appearance by
counsel.
Section 41-6-169, Arrests without warrants.
Section 41-6-170, Record of violation not admissible in civil action.
Section 41-6-171, Conviction shall not affect credibility as a witness.
Section 316. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.
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