H.B. 402

1

VEHICLE TO PULL OFF HIGHWAY
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Fred R. Hunsaker
5 Senate Sponsor: Dan R. Eastman
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicle Code by establishing vehicle operator passing
10 requirements and responsibilities on certain highways.
11 Highlighted Provisions:
12 This bill:
13 . requires an operator of a vehicle causing a line of five or more vehicles behind the
14 operator's vehicle to:
15 . turn off the highway where a safe turn-out exists; and
16 . permit the following vehicles to pass;
17 . provides that the operator of a commercial vehicle is exempt from the requirement
18 to turn off the roadway and permit the vehicles following behind the operator's
19 vehicle to pass; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 41-6a-704, as last amended by Laws of Utah 2007, Chapter 52

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-6a-704 is amended to read:
31 41-6a-704. Overtaking and passing vehicles proceeding in same direction.
32 (1) As used in this section "slow moving vehicle" means a vehicle that is proceeding at
33 a rate of speed less than the normal flow of traffic at the particular time and place.
34 [(1)] (2) On any highway:
35 (a) the operator of a vehicle overtaking another vehicle proceeding in the same
36 direction shall:
37 (i) except as provided under Section 41-6a-705 , promptly pass the overtaken vehicle on
38 the left at a safe distance; and
39 (ii) enter a right-hand lane or the right side of the roadway only when safely clear of the
40 overtaken vehicle; and
41 (b) the operator of an overtaken vehicle:
42 (i) shall give way to the right in favor of the overtaking vehicle; and
43 (ii) may not increase the speed of the vehicle until completely passed by the overtaking
44 vehicle.
45 (3) (a) Except as provided in Subsection (3)(b), on a highway with one lane in each
46 direction, the operator of a slow moving vehicle that is causing a line of five or more vehicles
47 to form directly behind the operator's slow moving vehicle shall:
48 (i) turn off the roadway wherever sufficient area for a safe turn-out exists; and
49 (ii) permit the vehicles following behind the operator's slow moving vehicle to pass
50 before proceeding.
51 (b) The operator of a commercial vehicle as defined in Section 72-9-102 is exempt
52 from the requirement under Subsection (3)(a) to turn off the roadway and permit the vehicles
53 following behind the operator's vehicle to pass.
54 [(2)] (4) On a highway having more than one lane in the same direction, the operator of
55 a vehicle traveling in the left general purpose lane:
56 (a) shall, upon being overtaken by another vehicle in the same lane, yield to the
57 overtaking vehicle by moving safely to a lane to the right; and
58 (b) may not impede the movement or free flow of traffic in the left general purpose

59 lane.
60 [(3)] (5) An operator of a vehicle traveling in the left general purpose lane that has a
61 vehicle following directly behind the operator's vehicle at a distance so that less than two
62 seconds elapse before reaching the location of the operator's vehicle when space is available for
63 the operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie
64 evidence that the operator is violating Subsection [(2)] (4).
65 [(4)] (6) The provisions of Subsection [(2)] (4) do not apply to an operator of a vehicle
66 traveling in the left general purpose lane when:
67 (a) overtaking and passing another vehicle proceeding in the same direction in
68 accordance with Subsection [(1)] (2)(a);
69 (b) preparing to turn left or taking a different highway or an exit on the left;
70 (c) responding to emergency conditions;
71 (d) avoiding actual or potential traffic moving onto the highway from an acceleration
72 or merging lane; or
73 (e) following the direction of a traffic-control device that directs the use of a designated
74 lane.




Legislative Review Note
as of 2-11-08 3:26 PM

Office of Legislative Research and General Counsel