H.B. 63 Enrolled

REGULATION OF MOTORIZED SCOOTERS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Lowell A. Nelson
AN ACT RELATING TO MOTOR VEHICLES; PROVIDING CERTAIN EXCEPTIONS FROM
REGISTRATION; PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS;
PROVIDING AN EXCEPTION FROM INSURANCE REQUIREMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-1a-202, as last amended by Chapter 360, Laws of Utah 1997
41-6-1, as last amended by Chapter 208, Laws of Utah 1996
41-6-107.8, as last amended by Chapter 208, Laws of Utah 1996
41-12a-301, as last amended by Chapters 128 and 208, Laws of Utah 1996
ENACTS:
41-6-90.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-1a-202 is amended to read:
41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of vehicles
after establishing residency.
(1) In this section:
(a) "Domicile" means the place:
(i) where an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to return; and
(iii) in which the individual and his family voluntarily reside, not for a special or
temporary purpose, but with the intention of making a permanent home.
(b) (i) "Resident" means any of the following:
(A) an individual who:
(I) has established a domicile in this state;
(II) regardless of domicile, remains in this state for an aggregate period of six months or

more during any calendar year;
(III) engages in a trade, profession, or occupation in this state or who accepts employment
in other than seasonal work in this state and who does not commute into the state;
(IV) declares himself to be a resident of this state for the purpose of obtaining a driver
license or motor vehicle registration; or
(V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
nonresidents, including going to school, or placing children in school without paying nonresident
tuition or fees;
(B) any individual, partnership, limited liability company, firm, corporation, association, or
other entity that:
(I) maintains a main office, branch office, or warehouse facility in this state and that bases
and operates a motor vehicle in this state; or
(II) operates a motor vehicle in intrastate transportation for other than seasonal work.
(ii) "Resident" does not include any of the following:
(A) a member of the military temporarily stationed in Utah; and
(B) an out-of-state student, as classified by the institution of higher education, enrolled with
the equivalent of seven or more quarter hours, regardless of whether the student engages in a trade,
profession, or occupation in this state or accepts employment in this state.
(2) Registration under this chapter is not required for any:
(a) vehicle registered in another state and owned by a nonresident of the state or operating
under a temporary registration permit issued by the division or a dealer authorized by this chapter,
driven or moved upon a highway in conformance with the provisions of this chapter relating to
manufacturers, transporters, dealers, lien holders, or interstate vehicles;
(b) vehicle driven or moved upon a highway only for the purpose of crossing the highway
from one property to another;
(c) implement of husbandry, whether of a type otherwise subject to registration or not, that
is only incidentally operated or moved upon a highway;
(d) special mobile equipment;

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(e) vehicle owned or leased by the federal government;
(f) motor vehicle not designed, used, or maintained for the transportation of passengers for
hire or for the transportation of property if the motor vehicle is registered in another state and is
owned and operated by a nonresident of this state;
(g) vehicle or combination of vehicles designed, used, or maintained for the transportation
of persons for hire or for the transportation of property if the vehicle or combination of vehicles is
registered in another state and is owned and operated by a nonresident of this state and if the vehicle
or combination of vehicles has a gross laden weight of 26,000 pounds or less;
(h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained for
hire for the transportation of property or person;
(i) manufactured home or mobile home;
(j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway vehicle
is:
(i) being towed;
(ii) operated on a street or highway designated as open to off-highway vehicle use; or
(iii) operated in the manner prescribed in Section 41-22-10.3 ;
(k) off-highway implement of husbandry operated in the manner prescribed in Subsections
41-22-5.5 (3) through (5); [or]
(l) modular and prebuilt homes conforming to the uniform building code and presently
regulated by the United States Department of Housing and Urban Development that are not
constructed on a permanent chassis;
(m) electric assisted bicycles defined under Section 41-6-1 ; or
(n) motor assisted scooters defined under Section 41-6-1 .
(3) Unless otherwise exempted under Subsection (2), registration under this chapter is
required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle within
60 days of the owner establishing residency in this state.
Section 2. Section 41-6-1 is amended to read:
41-6-1. Definitions.

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As used in this chapter:
(1) "Alley" means a street or highway intended to provide access to the rear or side of lots
or buildings in urban districts and not intended for through vehicular traffic.
(2) "All-terrain type I vehicle" is used as defined in Section 41-22-2 .
(3) "Authorized emergency vehicle" means fire department vehicles, police vehicles,
ambulances, and other publicly or privately owned vehicles as designated by the commissioner of
the Department of Public Safety.
(4) "Bicycle" means every device propelled by human power upon which any person may
ride, having two tandem wheels, except scooters and similar devices.
(5) "Bus" means every motor vehicle designed for carrying more than 15 passengers and
used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and
used for the transportation of persons for compensation.
(6) "Controlled-access highway" means every highway, street, or roadway to or from which
owners or occupants of abutting lands and other persons have no legal right of access, except at
points as determined by the public authority having jurisdiction over the highway, street, or roadway.
(7) "Crosswalk" means:
(a) that part of a roadway at an intersection included within the connections of the lateral
lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence
of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side
of the roadway, that part of a roadway included within the extension of the lateral lines of the
existing sidewalk at right angles to the centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
(8) "Department" means the Department of Public Safety.
(9) "Divided highway" means a highway divided into two or more roadways by unpaved
intervening space or by a physical barrier or by a clearly indicated dividing section constructed to
impede vehicular traffic.
(10) "Electric assisted bicycle" means a moped with an electric motor with a power output

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of not more than 1,000 watts, which is not capable of propelling the device at a speed of more than
20 miles per hour on level ground, and which is not capable of increasing the speed of the device
when human power is used to propel the device at more than 20 miles per hour.
(11) "Explosives" means any chemical compound or mechanical mixture commonly used
or intended for the purpose of producing an explosion and which contains any oxidizing and
combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire,
friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a
sudden generation of highly heated gases, and the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects or of causing death or serious bodily injury.
(12) "Farm tractor" means every motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(13) "Flammable liquid" means any liquid which has a flashpoint of 100 degrees F. or less,
as determined by a tagliabue or equivalent closed-cup test device.
(14) "Gross weight" means the weight of a vehicle without load plus the weight of any load
on the vehicle.
(15) "Highway" means the entire width between property lines of every way or place of any
nature when any part of it is open to the use of the public as a matter of right for vehicular travel.
(16) "Intersection" means the area embraced within the prolongation or connection of the
lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or more
highways which join one another.
(a) Where a highway includes two roadways 30 feet or more apart, every crossing of each
roadway of the divided highway by an intersecting highway is a separate intersection; if the
intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two
roadways of the highways is a separate intersection.
(b) The junction of an alley with a street or highway is not an intersection.
(17) "Local authorities" means every county, municipal, and other local board or body
having authority to enact laws relating to traffic under the constitution and laws of the state.
(18) "Metal tire" means a tire, the surface of which in contact with the highway is wholly

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or partly of metal or other hard nonresilient material.
(19) "Mobile home" means:
(a) a trailer or semitrailer which is designed, constructed, and equipped as a dwelling place,
living abode, or sleeping place either permanently or temporarily, and is equipped for use as a
conveyance on streets and highways; or
(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for
use as a mobile home, as defined in Subsection (19)(a), but which is instead used permanently or
temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any
other commercial purpose except the transportation of property for hire or the transportation of
property for distribution by a private carrier.
(20) "Moped" means a motor-driven cycle having both pedals to permit propulsion by
human power, and a motor which produces not more than two brake horsepower and which is not
capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. If an
internal combustion engine is used, the displacement may not exceed 50 cubic centimeters and the
moped shall have a power drive system that functions directly or automatically without clutching
or shifting by the operator after the drive system is engaged. A moped includes an electric assisted
bicycle and a motor assisted scooter.
(21) "Motor assisted scooter" means a self-propelled device with at least two wheels in
contact with the ground, a braking system capable of stopping the unit under typical operating
conditions, a gas or electric motor not exceeding 40 cubic centimeters, a deck design for a person
to stand while operating the device, and the ability to be propelled by human power alone.
[(21)] (22) "Motor vehicle" means every vehicle which is self-propelled and every vehicle
which is propelled by electric power obtained from overhead trolley wires, but not operated upon
rails, except vehicles moved solely by human power and motorized wheel chairs.
[(22)] (23) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
saddle for the use of the rider and designed to travel with not more than three wheels in contact with
the ground.
[(23)] (24) "Motor-driven cycle" means every motorcycle and motor scooter, moped, electric

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assisted bicycle, motor assisted scooter, and every motorized bicycle having an engine with less than
150 cubic centimeters displacement or having a motor which produces not more than five
horsepower.
[(24)] (25) "Official traffic-control devices" means all signs, signals, markings, and devices
not inconsistent with this chapter placed or erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning, or guiding traffic.
[(25)] (26) "Off-highway implement of husbandry" is used as defined under Section 41-22-2 .
[(26)] (27) "Off-highway vehicle" is used as defined under Section 41-22-2 .
[(27)] (28) "Operator" means any person who is in actual physical control of a vehicle.
[(28)] (29) "Park" or "parking" means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading or unloading
property or passengers.
[(29)] (30) "Peace officer" means every law enforcement officer authorized under Section
77-1a-1 to direct or regulate traffic or to make arrests for violations of traffic laws.
[(30)] (31) "Pedestrian" means any person afoot.
[(31)] (32) "Person" means every natural person, firm, copartnership, association, or
corporation.
[(32)] (33) "Pole trailer" means every vehicle without motive power designed to be drawn
by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being
boomed or otherwise secured to the towing vehicle, and is ordinarily used for transporting long or
irregular shaped loads such as poles, pipes, or structural members generally capable of sustaining
themselves as beams between the supporting connections.
[(33)] (34) "Private road or driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied permission from the
owner, but not by other persons.
[(34)] (35) "Railroad" means a carrier of persons or property upon cars operated upon
stationary rails.
[(35)] (36) "Railroad sign or signal" means a sign, signal, or device erected by authority of

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a public body or official or by a railroad and intended to give notice of the presence of railroad tracks
or the approach of a railroad train.
[(36)] (37) "Railroad train" means a locomotive propelled by any form of energy, coupled
with or operated without cars, and operated upon rails.
[(37)] (38) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
lawful manner in preference to another vehicle or pedestrian approaching under circumstances of
direction, speed, and proximity which give rise to danger of collision unless one grants precedence
to the other.
[(38)] (39) "Roadway" means that portion of highway improved, designed, or ordinarily used
for vehicular travel, exclusive of the sidewalk, berm, or shoulder, even though any of them are used
by persons riding bicycles or other human-powered vehicles. If a highway includes two or more
separate roadways, roadway refers to any roadway separately but not to all roadways collectively.
[(39)] (40) "Safety zone" means the area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected, marked, or indicated by adequate signs as
to be plainly visible at all times while set apart as a safety zone.
[(40)] (41) "School bus" means every motor vehicle that complies with the color and
identification requirements of the most recent edition of "Minimum Standards for School Buses" and
is used to transport school children to or from school or school activities. This definition does not
include vehicles operated by common carriers in transportation of school children to or from school
or school activities.
[(41)] (42) "Semitrailer" means a vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and
constructed so that some part of its weight and that of its load rests upon or is carried by another
vehicle.
[(42)] (43) "Shoulder area" means that area of the hard-surfaced highway separated from the
roadway by a pavement edge line as established in the current approved "Manual on Uniform Traffic
Control Devices," or that portion of the road contiguous to the roadway for accommodation of
stopped vehicles, for emergency use, and lateral support.

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[(43)] (44) "Sidewalk" means that portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
[(44)] (45) "Solid rubber tire" means every tire of rubber or other resilient material which
does not depend upon compressed air for the support of the load.
[(45)] (46) "Stand" or "standing" means the halting of a vehicle, whether occupied or not,
other than temporarily for the purpose of and while actually engaged in receiving or discharging
passengers.
[(46)] (47) "Stop" when required means complete cessation from movement.
[(47)] (48) "Stop" or "stopping" when prohibited means any halting even momentarily of
a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or
when in compliance with the directions of a peace officer or official traffic-control device.
[(48)] (49) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
conveyances either singly or together while using any highway for the purpose of travel.
[(49)] (50) "Traffic-control signal" means any device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
[(50)] (51) "Trailer" means every vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being drawn by a motor vehicle and
constructed so that no part of its weight rests upon the towing vehicle.
[(51)] (52) "Truck" means every motor vehicle designed, used, or maintained primarily for
the transportation of property.
[(52)] (53) "Truck tractor" means a motor vehicle designed and used primarily for drawing
other vehicles and constructed to carry a part of the weight of the vehicle and load drawn by the
truck tractor.
[(53)] (54) "Urban district" means the territory contiguous to and including any street, in
which structures devoted to business, industry, or dwelling houses are situated at intervals of less
than 100 feet, for a distance of a quarter of a mile or more.
[(54)] (55) "Vehicle" means every device in, upon, or by which any person or property is
or may be transported or drawn upon a highway, except devices used exclusively upon stationary

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rails or tracks.
Section 3. Section 41-6-90.5 is enacted to read:
41-6-90.5. Motor assisted scooters - Conflicting provisions -- Restrictions -- Penalties.
(1) (a) Except as otherwise provided in this section, a motor assisted scooter is subject to the
provisions under this chapter for a bicycle, moped, or a motor-driven cycle.
(b) A person operating a motor assisted scooter is not subject to the provisions related to:
(i) seating positions under Section 41-6-107 ; and
(ii) required lights, horns, and mirrors under Section 41-6-154.50 .
(2) A person under 16 years of age may not operate a motor assisted scooter using the motor
unless the person is under the direct supervision of the person's parent or guardian.
(3) A person may not operate a motor assisted scooter:
(a) in a public parking structure;
(b) on public property posted as an area prohibiting skateboards;
(c) on a highway consisting of a total of four or more lanes designated for regular vehicular
traffic;
(d) on a highway with a posted speed limit greater than 25 miles per hour; or
(e) that has been structurally altered from the original manufacturer's design.
(4) Except where posted or prohibited by rule or local ordinance, a motor assisted scooter
is considered a nonmotorized vehicle if it is being used with the motor turned off.
(5) A person who violates this section is guilty of a class C misdemeanor.
Section 4. Section 41-6-107.8 is amended to read:
41-6-107.8. Motorcycle or motor-driven cycle -- Protective headgear -- Closed cab
excepted -- Electric assisted bicycles.
(1) A person under the age of 18 may not operate or ride on a motorcycle or motor-driven
cycle on a highway unless the person is wearing protective headgear which complies with rules made
under Subsection (3).
(2) This section does not apply to persons riding within an enclosed cab.
(3) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the

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commissioner of the Department of Public Safety shall make rules establishing specifications and
standards for the use of protective headgear required under this section.
(b) The rules shall require that protective headgear for [operators] an operator of an electric
assisted [bicycles meets] bicycle and a motor assisted scooter meet the standards of the American
National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear
for use in bicycling.
Section 5. Section 41-12a-301 is amended to read:
41-12a-301. Definition -- Requirement of owner's or operator's security -- Exceptions.
(1) As used in this section, "highway" has the same meaning as provided in Section
41-1a-102 .
(2) Except as provided in Subsection (5):
(a) every resident owner of a motor vehicle shall maintain owner's or operator's security in
effect at any time that the motor vehicle is operated on a highway within the state; and
(b) every nonresident owner of a motor vehicle that has been physically present in this state
for:
(i) 90 or fewer days during the preceding 365 days shall maintain the type and amount of
owner's or operator's security required in his place of residence, in effect continuously throughout
the period the motor vehicle remains within Utah; or
(ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's or
operator's security in effect continuously throughout the period the motor vehicle remains within
Utah.
(3) (a) Except as provided in Subsection (5), the state and all of its political subdivisions
and their respective departments, institutions, or agencies shall maintain owner's or operator's
security in effect continuously for their motor vehicles.
(b) Any other state is considered a nonresident owner of its motor vehicles and is subject to
Subsection (2)(b).
(4) The United States, any political subdivision of it, or any of its agencies may maintain
owner's or operator's security in effect for their motor vehicles.

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(5) Owner's or operator's security is not required for any of the following:
(a) off-highway vehicles registered under Section 41-22-3 when operated either:
(i) on a highway designated as open for off-highway vehicle use; or
(ii) in the manner prescribed by Section 41-22-10.3 ;
(b) off-highway implements of husbandry operated in the manner prescribed by Subsections
41-22-5.5 (3) through (5); [or]
(c) electric assisted bicycles as defined under Section 41-6-1 ; or
(d) motor assisted scooters as defined under Section 41-6-1 .

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