H.B. 22
         TRAFFIC CODE REVISIONS

house floor Amendments

Amendment 2 January 15, 2007 4:29 pm



Representative James A. Dunnigan proposes the following amendments:


1.    Page 1, Lines 1 through 2 :    

             1     
{   TRAFFIC   }        MOTOR VEHICLES       CODE REVISIONS

             2     
2007 GENERAL SESSION


2.    Page 1, Lines 9 through 14 :    

             9          This bill modifies the Motor Vehicles Code by amending certain provisions for motor
             10      vehicle accidents
  and motor vehicle owner's or operator's security       .

             11      Highlighted Provisions:
             12          This bill:
             13          .    modifies motor vehicle accident provisions by moving provisions for accidents
             14      resulting in fatalities or injuries into new sections of the Utah Code;
{   and   }

      . permits a court to waive a portion of a fine for not maintaining owner's and operator's security in certain instances; and      


3.    Page 1, Lines 22 through 23 :    

             22          41-6a-401, as renumbered and amended by Chapter 2 and last amended by Chapter 26,
             23      Laws of Utah 2005
    
  41-12a-302, as last amended by Chapter 35, Laws of Utah 1998      


4.    Page 5, Line 150 through Page 6, Line 152 :    

             150          (6) A person who violates Subsection (4) is guilty of a class B misdemeanor.
             151          Section 5 . Section 41-12a-302 is amended to read:
     41-12a-302 .   Operating motor vehicle without owner's or operator's security -- Penalty.
     (1)
{   Any   }        (a) Except as provided in Subsection (1)(b), an       owner of a motor vehicle on which owner's or operator's security is required under Section 41-12a-301 , who operates      {   his   }        the owner's       vehicle or permits it to be operated on a highway in this state without owner's security being in effect is guilty of a class B misdemeanor, and the fine shall be not less than:

    
{   (a)   }        (i)       $400 for a first offense; and

    
{   (b)   }        (ii)       $1,000 for a second and subsequent offense within three years of a previous conviction or bail forfeiture.


            (b) A court may waive up to $300 of the fine charged to the owner of a motor vehicle under Subsection (1)(a)(i) if the owner demonstrates that owner's or operator's security required under Section 41-12a-301 was obtained subsequent to the violation.      

     (2) (a) Except as provided under Subsection (2)(b), any other person who operates a motor vehicle upon a highway in Utah with the knowledge that the owner does not have owner's security in effect for the motor vehicle is also guilty of a class B misdemeanor, and the fine shall be not less than:
     (i) $400 for a first offense; and
     (ii) $1,000 for a second and subsequent offense within three years of a previous conviction or bail forfeiture.
     (b) A person that has in effect owner's security on a Utah-registered motor vehicle or its equivalent that covers the operation, by the person, of the motor vehicle in question is exempt from this Subsection (2).
         Section
{   5   }        6       . Section 53-3-414 is amended to read:

             152          53-3-414. CDL disqualification or suspension -- Grounds and duration --

Renumber remaining sections accordingly.


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hb0022.hfa.02.wpd LRGC MSTEINAGEL MSTEINAGEL