First Substitute S.B. 104

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; and
14 . provides that an operator of a motor vehicle may not knowingly, intentionally, or
15 recklessly:
16 . distract or attempt to distract a vulnerable user of a highway for a purpose
17 unrelated to public safety; or
18 . force or attempt to force a vulnerable user of a highway off of the roadway for a
19 purpose unrelated to public safety;
20 . provides penalties for distracting a vulnerable user of a highway or forcing a
21 vulnerable user of a highway off of the roadway for a purpose unrelated to public
22 safety; and
23 . makes technical corrections.
24 Money Appropriated in this Bill:
25 None

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

57 (b) distract or attempt to distract a vulnerable user of a highway for a purpose unrelated
58 to public safety; or
59 (c) force or attempt to force a vulnerable user of a highway off of the roadway for a
60 purpose unrelated to public safety.
61 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
62 C misdemeanor.
63 (b) A violation of Subsection (2) that results in bodily injury to the vulnerable user of a
64 highway is a class B misdemeanor.

[Bill Documents]