Second Substitute H.B. 228

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 28, 2008 at 10:00 AM by ddonat. -->

Representative Christopher N. Herrod proposes the following substitute bill:

1 AMENDMENTS TO MOTOR VEHICLE
2 PROVISIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Christopher N. Herrod
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending certain motor vehicle
11 provisions.
12 Highlighted Provisions:
13 This bill:
14 . provides that a local highway authority may authorize a peace officer to seize and
15 take possession of a vehicle, vessel, or outboard if the vehicle, vessel, or outboard
16 motor is being operated on a highway within the highway authority's jurisdiction by
17 a person H. [ :
18 . who has not been granted the privilege to operate a motor vehicle on a highway;
19 or
20 . ] .H whose privilege to operate a motor vehicle on a highway has been denied,
21 suspended, revoked, or disqualified; and
22 . makes technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:

26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 41-6a-208, as last amended by Laws of Utah 2006, Chapter 337
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-6a-208 is amended to read:
33 41-6a-208. Regulatory powers of local highway authorities -- Traffic-control
34 device affecting state highway -- Necessity of erecting traffic-control devices.
35 (1) The provisions of this chapter do not prevent a local highway authority for a
36 highway under its jurisdiction and within the reasonable exercise of police power, from:
37 (a) regulating or prohibiting stopping, standing, or parking;
38 (b) regulating traffic by means of a peace officer or a traffic-control device;
39 (c) regulating or prohibiting processions or assemblages on a highway;
40 (d) designating particular highways or roadways for use by traffic moving in one
41 direction under Section 41-6a-709 ;
42 (e) establishing speed limits for vehicles in public parks, which supersede Section
43 41-6a-603 regarding speed limits;
44 (f) designating any highway as a through highway or designating any intersection or
45 junction of roadways as a stop or yield intersection or junction;
46 (g) restricting the use of a highway under Section 72-7-408 ;
47 (h) regulating the operation of a bicycle and requiring the registration and inspection of
48 bicycles, including requiring a registration fee;
49 (i) regulating or prohibiting:
50 (i) certain turn movements of a vehicle; or
51 (ii) specified types of vehicles;
52 (j) altering or establishing speed limits under Section 41-6a-603 ;
53 (k) requiring written accident reports under Section 41-6a-403 ;
54 (l) designating no-passing zones under Section 41-6a-708 ;
55 (m) prohibiting or regulating the use of controlled-access highways by any class or
56 kind of traffic under Section 41-6a-715 ;

57 (n) prohibiting or regulating the use of heavily traveled streets by any class or kind of
58 traffic found to be incompatible with the normal and safe movement of traffic;
59 (o) establishing minimum speed limits under Subsection 41-6a-605 (3);
60 (p) prohibiting pedestrians from crossing a highway in a business district or any
61 designated highway except in a crosswalk under Section 41-6a-1001 ;
62 (q) restricting pedestrian crossings at unmarked crosswalks under Section 41-6a-1010 ;
63 (r) regulating persons upon skates, coasters, sleds, skateboards, and other toy vehicles;
64 (s) adopting and enforcing temporary or experimental ordinances as necessary to cover
65 emergencies or special conditions;
66 (t) prohibiting drivers of ambulances from exceeding maximum speed limits; [or]
67 (u) adopting other traffic ordinances as specifically authorized by this chapter[.]; or
68 (v) authorizing a peace officer to seize and take possession of a vehicle, vessel, or
69 outboard motor in accordance with the requirements of Section 41-1a-1101 if the vehicle,
70 vessel, or outboard motor is being operated on a highway within the highway authority's
71 jurisdiction by a person H. [ :
72 (i) who has not been granted the privilege to operate a vehicle on a highway in
73 accordance with Section 53-3-202 ; or
74 (ii) ] .H whose privilege to operate a vehicle on a highway has been denied, suspended,
75 revoked, or disqualified .
76 (2) A local highway authority may not:
77 (a) in accordance with Title 72, Chapter 3, Part 1, Highways in General, erect or
78 maintain any official traffic-control device at any location which regulates the traffic on a
79 highway not under the local highway authority's jurisdiction, unless written approval is
80 obtained from the highway authority having jurisdiction over the highway; or
81 (b) prohibit or restrict the use of a cellular phone by the operator or passenger of a
82 motor vehicle.
83 (3) An ordinance enacted under Subsection (1) (d), (e), (f), (g), (i), (j), (l), (m), (n), or
84 (q) is not effective until official traffic-control devices giving notice of the local traffic
85 ordinances are erected upon or at the entrances to the highway or part of it affected as is
86 appropriate.