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First Substitute H.B. 104
This document includes House Floor Amendments incorporated into the bill on Fri, Feb
24, 2012 at 12:29 PM by jeyring. -->
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Tue, Mar 6, 2012 at 6:32 PM by khelgesen. -->
Representative Wayne A. Harper proposes the following substitute bill:
1
LOCAL HIGHWAY AUTHORITY REGULATORY POWERS
2
2012 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: Wayne A. Harper
5
Senate Sponsor:
Scott K. Jenkins
6
7
LONG TITLE
8
General Description:
9
This bill modifies the Traffic Code by amending provisions relating to local highway
10
authority regulatory powers.
11
Highlighted Provisions:
12
This bill:
13
. provides definitions;
13a
S. . provides that a local highway authority may adopt an ordinance that requires a
13b
ground transportation vehicle to conform to state safety standards and reasonable annual
13c
appearance requirements, in consultation with a transportation advisory board of the local
13d
highway authority; .S
14
. prohibits a local highway authority from enacting an ordinance that prohibits or
15
restricts an owner or operator of a vehicle from causing or permitting the vehicle's
16
engine to idle
H. unless the ordinance meets certain requirements .H ;
17
. prohibits a local highway authority from enacting an ordinance that prohibits a
18
vehicle from being licensed as a ground transportation vehicle:
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. based on the manufacture date of the motor vehicle or the number of miles the
20
vehicle has accumulated; and
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. if the vehicle to be licensed otherwise passes all state safety inspection
22
requirements established by the Utah Highway Patrol Division;
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. provides that an ordinance enacted by a local highway authority that violates the
24
provisions is not effective; and
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. makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
29
None
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Utah Code Sections Affected:
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AMENDS:
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41-6a-208, as last amended by Laws of Utah 2006, Chapter 337
32a
S. [
H. 41-6a-214, as renumbered and amended by Laws of Utah 2005, Chapter 2 .H
] .S
33
34
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-6a-208
is amended to read:
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41-6a-208. Regulatory powers of local highway authorities -- Traffic-control
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device affecting state highway -- Necessity of erecting traffic-control devices.
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(1) As used in this section:
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(a) (i) "Ground transportation vehicle" means a motor vehicle used for the
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transportation of persons, used in ride or shared ride, on demand, or for hire transportation of
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passengers or baggage over public highways.
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(ii) "Ground transportation vehicle" includes a:
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(A) shared ride vehicle;
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(B) bus;
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(C) courtesy vehicle;
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(D) hotel vehicle;
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(E) limousine;
48
(F) minibus;
49
(G) special transportation vehicle;
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(H) specialty vehicle;
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(I) taxicab;
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(J) van; or
53
(K) trailer being towed by a ground transportation vehicle.
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(b) "Idle" means the operation of a vehicle engine while the vehicle is stationary or not
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in the act of performing work or its normal function.
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[
(1)]
(2) The provisions of this chapter do not prevent a local highway authority for a
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highway under its jurisdiction and within the reasonable exercise of police power, from:
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(a) regulating or prohibiting stopping, standing, or parking;
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(b) regulating traffic by means of a peace officer or a traffic-control device;
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(c) regulating or prohibiting processions or assemblages on a highway;
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(d) designating particular highways or roadways for use by traffic moving in one
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direction under Section
41-6a-709
;
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(e) establishing speed limits for vehicles in public parks, which supersede Section
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41-6a-603
regarding speed limits;
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(f) designating any highway as a through highway or designating any intersection or
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junction of roadways as a stop or yield intersection or junction;
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(g) restricting the use of a highway under Section
72-7-408
;
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(h) regulating the operation of a bicycle and requiring the registration and inspection of
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bicycles, including requiring a registration fee;
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(i) regulating or prohibiting:
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(i) certain turn movements of a vehicle; or
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(ii) specified types of vehicles;
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(j) altering or establishing speed limits under Section
41-6a-603
;
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(k) requiring written accident reports under Section
41-6a-403
;
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(l) designating no-passing zones under Section
41-6a-708
;
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(m) prohibiting or regulating the use of controlled-access highways by any class or
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kind of traffic under Section
41-6a-715
;
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(n) prohibiting or regulating the use of heavily traveled streets by any class or kind of
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traffic found to be incompatible with the normal and safe movement of traffic;
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(o) establishing minimum speed limits under Subsection
41-6a-605
(3);
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(p) prohibiting pedestrians from crossing a highway in a business district or any
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designated highway except in a crosswalk under Section
41-6a-1001
;
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(q) restricting pedestrian crossings at unmarked crosswalks under Section
41-6a-1010
;
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(r) regulating persons upon skates, coasters, sleds, skateboards, and other toy vehicles;
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(s) adopting and enforcing temporary or experimental ordinances as necessary to cover
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emergencies or special conditions;
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(t) prohibiting drivers of ambulances from exceeding maximum speed limits;
S. [
or
] .S
88
(u) adopting other traffic ordinances as specifically authorized by this chapter
S. ; or
88a
(v) adopting an ordinance that requires a ground transportation vehicle to conform to
88b
state safety standards and reasonable annual appearance requirements, in consultation with a
88c
transportation advisory board of the local highway authority .S .
89
[
(2)]
(3) A local highway authority may not:
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(a) in accordance with Title 72, Chapter 3, Part 1, Highways in General, erect or
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maintain any official traffic-control device at any location which regulates the traffic on a
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highway not under the local highway authority's jurisdiction, unless written approval is
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obtained from the highway authority having jurisdiction over the highway; [
or]
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(b) prohibit or restrict the use of a cellular phone by the operator or passenger of a
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motor vehicle[
.]
;
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(c) enact an ordinance that prohibits or restricts an owner or operator of a vehicle from
97
causing or permitting the vehicle's engine to idle H. [
; or
] unless the ordinance:
97a
(i) is primarily educational;
97b
(ii) provides that a person must be issued at least three warning citations S. [
within a
97c
one-year period
] .S before imposing a fine;
97d
(iii) has the same fine structure as a parking violation;
97e
(iv) provides for the safety of law enforcement personnel who enforce the
97f
ordinance; and
97g
(v) provides that the ordinance may S. [
only
] .S be enforced on S. :
97g1
(A) public property; or
97g2
(B) .S private property S. [
or on a
97h
quasi-public road or parking area as defined in Section 41-6a-214 if the owner of the private
97i
property requests, through written or electronic means, that the ordinance be enforced on the
97j
private property
] that is open to the general public unless the private property owner:
97k
(I) has a private business that has a drive-through service as a component of the private
97l
property owner's business operations and posts a sign provided by or acceptable to the local
97m
highway authority informing its customers and the public of the local highway authority's time
97n
limit for idling vehicle engines .S ; or .H
97o
S. (II) adopts an idle reduction education policy approved by the local highway
97p
authority. .S
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(d) enact an ordinance that prohibits a vehicle from being licensed as a ground
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transportation vehicle:
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(i) if the vehicle to be licensed otherwise passes all state safety inspection requirements
101
established by the Utah Highway Patrol Division in accordance with Section
53-8-204
; and
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(ii) (A) based on the manufacture date of the vehicle; or
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(B) based on the number of miles the vehicle has accumulated.
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[
(3)]
(4) An ordinance enacted under Subsection [
(1)]
(2)(d), (e), (f), (g), (i), (j), (l),
105
(m), (n), or (q) is not effective until official traffic-control devices giving notice of the local
106
traffic ordinances are erected upon or at the entrances to the highway or part of it affected as is
107
appropriate.
108
(5) An ordinance enacted by a local highway authority that violates Subsection (3) is
109
not effective.
109a
S. [
H. Section 2. Section 41-6A-214 is amended to read:
109b
41-6a-214. Quasi-public roads and parking areas -- Local ordinances.
109c
(1) As used in this section, "quasi-public road or parking area" means a privately owned and
109d
maintained road or parking area that is generally held open for use of the public for purposes of
109e
vehicular travel or parking.
109f
(2) (a) [Any] Except as provided in Section 41-6a-208, any municipality or county may by
109g
ordinance provide that a quasi-public road or parking area within the municipality or county is
109h
subject to this chapter.
109i
(b) An ordinance may not be enacted under this section without:
109j
(i) a public hearing; and
109k
(ii) the agreement of a majority of the owners of the quasi-public road or parking area
109l
involved.
109m
(3) This section:
109n
(a) supercedes conflicting provisions under Section 41-6a-215;
109o
(b) does not require a peace officer to patrol or enforce any provisions of this chapter on any
109p
quasi-public road or parking area; or
109q
(c) does not affect the duty of a peace officer to enforce those provisions of this chapter
109r
applicable to private property other than under this section.
.H
]
.S
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