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H.B. 171 Enrolled
This act modifies the Motor Vehicle Code to define a low-speed vehicle and consider it a
motor vehicle for purposes of the Utah Code. The act restricts a low-speed vehicle to certain
low-speed highways and allows a highway authority to impose additional restrictions. This
act exempts a low-speed vehicle from emissions inspections. This act takes effect on October
1, 2002.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-1, as last amended by Chapters 245 and 282, Laws of Utah 1998
ENACTS:
41-6-117.6, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-1 is amended to read:
41-6-1. Definitions.
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
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 tabliabue 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) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle designed to be
operated at speeds of not more than 25 miles per hour and that has a capacity of not more than four
passengers, including the driver.
(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
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wholly or partly of metal or other hard nonresilient material.
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(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 [
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.
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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.
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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.
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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.
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saddle for the use of the rider and designed to travel with not more than three wheels in contact with
the ground.
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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.
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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.
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otherwise than temporarily for the purpose of and while actually engaged in loading or unloading
property or passengers.
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Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
laws.
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corporation.
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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.
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used for vehicular travel by the owner and those having express or implied permission from the
owner, but not by other persons.
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stationary rails.
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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.
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with or operated without cars, and operated upon rails.
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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.
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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.
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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.
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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.
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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.
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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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lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
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does not depend upon compressed air for the support of the load.
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other than temporarily for the purpose of and while actually engaged in receiving or discharging
passengers.
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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.
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conveyances either singly or together while using any highway for the purpose of travel.
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mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
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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.
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the transportation of property.
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other vehicles and constructed to carry a part of the weight of the vehicle and load drawn by the
truck tractor.
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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.
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may be transported or drawn upon a highway, except devices used exclusively upon stationary rails
or tracks.
Section 2. Section 41-6-117.6 is enacted to read:
41-6-117.6. Low-speed vehicle.
(1) Except as otherwise provided in this section, a low-speed vehicle is considered a motor
vehicle for purposes of the Utah Code including requirements for:
(a) traffic rules under Title 41, Chapter 6, Traffic Rules and Regulations;
(b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
(c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of Motor
Vehicle Owners and Operators Act;
(d) vehicle registration, titling, odometer statements, vehicle identification numbers, license
plates, and registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
(e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and fee in
lieu of property taxes or in lieu fees under Section 59-2-405 ;
(f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
Regulation Act;
(g) motor vehicle safety inspection requirements under Section 53-8-205 ; and
(h) safety belt requirements under Title 41, Chapter 6, Article 17, Motor Vehicle Seat Belt
Usage Act.
(2) (a) A low-speed vehicle shall comply with federal safety standards established in 49
C.F.R. 571.500 and shall be equipped with:
(i) headlamps;
(ii) front and rear turn signals, tail lamps, and stop lamps;
(iii) turn signal lamps;
(iv) reflex reflectors one on the rear of the vehicle and one on the left and right side and as
far to the rear of the vehicle as practical;
(v) a parking brake;
(vi) a windshield that meets the standards under Section 41-6-149, including a device for
cleaning rain, snow, or other moisture from the windshield;
(vii) an exterior rearview mirror on the driver's side and either an interior rearview mirror
or an exterior rearview mirror on the passenger side;
(viii) a speedometer and odometer; and
(ix) braking for each wheel.
(b) A low-speed vehicle that complies with Subsections (2) and (3) and that is not altered
from the manufacturer is considered to comply with equipment requirements in Title 41, Chapter 6,
Article 16, Equipment.
(3) A person may not operate a low-speed vehicle that has been structurally altered from the
original manufacturer's design.
(4) A user of a low-speed vehicle shall obtain an annual clean special fuel tax certificate for
each low-speed vehicle as required under Section 59-13-304 .
(5) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
maintenance program requirements under Section 41-6-163.6 .
(6) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be operated
on a highway with a posted speed limit of more than 35 miles per hour.
(b) In addition to the restrictions under Subsection (6)(a), a highway authority, as defined
under Section 72-1-102 , may prohibit or restrict the operation of a low-speed vehicle on any highway
under its jurisdiction, if the highway authority determines the prohibition or restriction is necessary
for public safety.
(7) (a) A person may not operate a low-speed vehicle on a highway without displaying on
the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies with
the Society of Automotive Engineers standard SAE J943.
(b) This Subsection (7) is an exception to the provisions of Section 41-6-130 .
(8) A person who violates Subsection (2), (3), (6), or (7) is guilty of a class C misdemeanor.
Section 3. Effective date.
This act takes effect on October 1, 2002.
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