Second Substitute S.B. 104

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Senate 3rd Reading Amendments 2-27-2013 cm/sch This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 27, 2013 at 11:22 AM by cmillar. --> Senator Todd Weiler proposes the following substitute bill:

1 VULNERABLE USERS OF HIGHWAYS AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd Weiler
5 House Sponsor: V. Lowry Snow
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by enacting provisions relating to vulnerable users
10 of a highway.
11 Highlighted Provisions:
12 This bill:
13 . defines a vulnerable user of a highway;
14 . prohibits an operator of a motor vehicle from operating a motor vehicle within three
15 feet of a vulnerable user of a highway;
16 . provides that an operator of a motor vehicle may not knowingly, intentionally, or
17 recklessly:
18 . distract or attempt to distract a vulnerable user of a highway for a purpose
19 unrelated to public safety; or
20 . force or attempt to force a vulnerable user of a highway off of the roadway for S. [ a
21 purpose unrelated to public safety ] the purpose of causing violence or injury to the vulnerable
21a user of a highway .S ;
22 . provides penalties for distracting a vulnerable user of a highway or forcing a
23 vulnerable user of a highway off of the roadway for a purpose unrelated to public
24 safety; and
25 . makes technical corrections.

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- 2 - 26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 41-6a-706.5, as enacted by Laws of Utah 2005, Chapter 216
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 41-6a-706.5 is amended to read:
36 41-6a-706.5. Definitions -- Operation of motor vehicle near a vulnerable user of a
37 highway prohibited -- Endangering a vulnerable user of a highway prohibited.
38 (1) As used in this section, "vulnerable user of a highway" means:
39 (a) a pedestrian, including a person engaged in work upon a highway or upon utilities
40 facilities along a highway or providing emergency services within the right-of-way of a
41 highway;
42 (b) a person riding an animal; or
43 (c) a person operating any of the following on a highway:
44 (i) a farm tractor or implement of husbandry, without an enclosed shell;
45 (ii) a skateboard;
46 (iii) roller skates;
47 (iv) in-line skates;
48 (v) a bicycle;
49 (vi) an electric-assisted bicycle;
50 (vii) an electric personal assistive mobility device;
51 (viii) a moped;
52 (ix) a motor-driven cycle;
53 (x) a motorized scooter;
54 (xi) a motorcycle; or
55 (xii) a manual wheelchair.
56 (2) An operator of a motor vehicle may not knowingly, intentionally, or recklessly:

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Senate 3rd Reading Amendments 2-27-2013 cm/sch 57

(a) operate a motor vehicle within three feet of a [moving bicycle, unless the operator
58 of the motor vehicle operates the motor vehicle within a reasonable and safe distance of the
59 bicycle.] vulnerable user of a highway;
60 (b) distract or attempt to distract a vulnerable user of a highway for S. [ a purpose unrelated
61 to public safety ] the purpose of causing violence or injury to the vulnerable user of a highway
61a .S ; or
62 (c) force or attempt to force a vulnerable user of a highway off of the roadway for a
63 purpose unrelated to public safety.
64 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
65 C misdemeanor.
66 (b) A violation of Subsection (2) that results in bodily injury to the vulnerable user of a
67 highway is a class B misdemeanor.

[Bill Documents]