H.B. 196

1

PEDESTRIAN RIGHT OF WAY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John E. Swallow
5 AN ACT RELATING TO MOTOR VEHICLES; AMENDING PEDESTRIAN RIGHT-OF-WAY
6 PROVISIONS; PROHIBITING NEGLIGENT COLLISIONS BY BICYCLISTS AND
7 CERTAIN OTHERS; AND MAKING TECHNICAL CHANGES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-6-84, as last amended by Chapter 138, Laws of Utah 1987
11 41-6-87.3, as last amended by Chapter 138, Laws of Utah 1987
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 41-6-84 is amended to read:
14 41-6-84. Bicycle and device propelled by human power and moped riders subject to
15 chapter -- Exception.
16 [Every] (1) Except as provided under Subsection (2) or as otherwise specified under this
17 article, a person operating a bicycle or any vehicle or device propelled by human power or a
18 moped has all the rights[,] and [all the duties and other] is subject to the provisions of this chapter
19 applicable to the operator of any other vehicle[, except as otherwise specified under this article,
20 and except that].
21 (2) A person operating a nonmotorized bicycle [operators are] or any vehicle or device
22 propelled by human power is not subject to the penalties related to operator licenses under alcohol
23 and drug-related traffic offenses.
24 Section 2. Section 41-6-87.3 is amended to read:
25 41-6-87.3. Bicycles and human powered vehicle or device to yield right-of-way to
26 pedestrians on sidewalks, paths, or trails -- Uses prohibited -- Negligent collision prohibited
27 -- Rights and duties same as pedestrians.

1 (1) A person operating a bicycle [upon and along a sidewalk, or across a roadway upon
2 and along a crosswalk,] or any vehicle or device propelled by human power shall yield the
3 right-of-way to any pedestrian and shall give audible signal before overtaking and passing a
4 pedestrian.
5 (2) A person may not operate a bicycle [upon and along] or a vehicle or device propelled
6 by human power on a sidewalk, path, or trail, or across a roadway [upon and along] in a crosswalk,
7 where [use of bicycles is] prohibited by official traffic-control devices h OR ORDINANCE h .
8 (3) A person may not operate a bicycle or any vehicle or device propelled by human power
9 in a negligent manner so as to collide with any pedestrian or other person operating a bicycle or
10 any vehicle or device propelled by human power.
11 [(3) A] (4) Except as provided under Subsection (1), a person operating a [vehicle] bicycle
12 or a vehicle or device propelled by human power [upon and along] on a sidewalk, path, or trail,
13 or across a roadway [upon and along] on a crosswalk, has all the rights and duties applicable to
14 a pedestrian under the same circumstances.




Legislative Review Note
as of 12-4-96 9:29 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

lilac-January 28, 1997

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