S.B. 56

1

SCHOOL BUS PARKING ZONES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ed P. Mayne
5 AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN PARKING
6 ENFORCEMENT PROVISIONS; ESTABLISHING UNIFORM SCHOOL BUS PARKING
7 ZONES; REQUIRING RULEMAKING; AND PROVIDING PENALTIES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-1a-414, as last amended by Chapter 104, Laws of Utah 1994
11 77-7-18, as last amended by Chapters 7 and 104, Laws of Utah 1994
12 ENACTS:
13 41-6-19.5, Utah Code Annotated 1953
14 41-6-103.5, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 41-1a-414 is amended to read:
17 41-1a-414. Parking privileges for persons with disabilities.
18 (1) Except in parking areas designated for emergency use, a person with a disability,
19 qualifying under rules made in accordance with Section 41-1a-408, may park an appropriately
20 marked vehicle for reasonable periods without charge in metered parking zones and restricted
21 parking areas, in a manner that allows proper access to the vehicle by the person with a disability.
22 (2) Only those vehicles carrying a person with a disability special group license plate,
23 temporary removable windshield placard, or removable windshield placard and transporting a
24 qualifying person with a disability may park in an accessible parking space that is clearly identified
25 as reserved for use by the person with a disability.
26 (3) This section applies to and may be enforced on public property and on private property
27 that is used or intended for use by the public.

1 (4) The parking privileges granted by this section also apply to vehicles displaying a
2 person with a disability special group license plate, temporary removable windshield placard, or
3 removable windshield placard issued by another jurisdiction if displayed on a vehicle being used
4 by a person with a disability.
5 [(5) (a) Any law enforcement agency authorized to enforce parking laws in this state may
6 appoint volunteers to issue citations for violations of Subsections (2) and (3) or of any city or
7 county accessible parking privileges ordinance for persons with disabilities.]
8 [(b) A volunteer appointed under this subsection must be at least 21 years of age.]
9 [(c) The law enforcement agency appointing a volunteer may establish any other
10 qualification for the volunteer that the agency finds desirable.]
11 [(d) A volunteer may not issue citations until the volunteer has received training from the
12 appointing law enforcement agency.]
13 [(e) A citation issued by a volunteer under this subsection has the same force and effect
14 as a citation issued by a peace officer for the same offense.]
15 Section 2. Section 41-6-19.5 is enacted to read:
16 41-6-19.5. Volunteers may be authorized to enforce certain parking provisions.
17 (1) Any law enforcement agency authorized to enforce parking laws in this state may
18 appoint volunteers to issue citations for violations of:
19 (a) the provisions of Subsections 41-1a-414(2) and (3) related to parking for a person with
20 a disability;
21 (b) any municipal or county accessible parking privileges ordinance for a person with a
22 disability; or
23 (c) the provisions of Subsection 41-6-103.5(4) related to parking in a school bus parking
24 zone.
25 (2) A volunteer appointed under this section must be at least 21 years of age.
26 (3) The law enforcement agency appointing a volunteer may establish any other
27 qualification for the volunteer that the agency finds desirable.
28 (4) A volunteer may not issue citations until the volunteer has received training from the
29 appointing law enforcement agency.
30 (5) A citation issued by a volunteer under this section has the same force and effect as a
31 citation issued by a peace officer for the same offense.

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1 Section 3. Section 41-6-103.5 is enacted to read:
2 41-6-103.5. School bus parking zones -- Establishment -- Uniform markings --
3 Penalty.
4 (1) As used in this section, "school bus parking zone" means a parking space that is clearly
5 identified as reserved for use by a school bus.
6 (2) The Department of Transportation for state highways, local authorities for highways
7 under their jurisdiction, and school boards for roadways located on school property may establish
8 and locate school bus parking zones in accordance with specifications established under
9 Subsection (3).
10 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
11 Department of Transportation, after consultation with local authorities and school boards which
12 may include input from School Traffic Safety Committees established under Section 53A-3-402,
13 shall make rules establishing specifications for uniform signage or markings to clearly identify
14 school bus parking zones.
15 (4) A person may not stop, stand, or park a vehicle other than a school bus, whether
16 occupied or not, in a clearly identified school bus parking zone.
17 (5) A person who violates Subsection (4) shall pay a minimum fine of $50.
18 Section 4. Section 77-7-18 is amended to read:
19 77-7-18. Citation on misdemeanor or infraction charge.
20 A peace officer, in lieu of taking a person into custody, any public official of any county
21 or municipality charged with the enforcement of the law, a port-of-entry agent as defined in
22 Section 27-12-2, and a volunteer authorized to issue a citation under Section [41-1a-414]
23 41-6-19.5 may issue and deliver a citation requiring any person subject to arrest or prosecution on
24 a misdemeanor or infraction charge to appear at the court of the magistrate before whom the
25 person should be taken pursuant to law if the person had been arrested.


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Legislative Review Note
as of 12-17-96 3:03 PM

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

Office of Legislative Research and General Counsel

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