H.B. 196 Enrolled

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

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

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