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H.B. 171

             1     

LOW-SPEED ELECTRIC VEHICLES ON

             2     
CERTAIN HIGHWAYS

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Don E. Bush

             6      This act modifies the Motor Vehicle Code to define a low-speed vehicle and consider it a
             7      motor vehicle for purposes of the Utah Code. The act restricts a low-speed vehicle to certain
             8      low-speed streets and allows a highway authority to impose additional restrictions. This act
             9      exempts a low-speed vehicle from emissions inspections. This act takes effect on October 1,
             10      2002.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          41-6-1, as last amended by Chapters 245 and 282, Laws of Utah 1998
             14      ENACTS:
             15          41-6-117.6, Utah Code Annotated 1953
             16      Be it enacted by the Legislature of the state of Utah:
             17          Section 1. Section 41-6-1 is amended to read:
             18           41-6-1. Definitions.
             19          As used in this chapter:
             20          (1) "Alley" means a street or highway intended to provide access to the rear or side of lots
             21      or buildings in urban districts and not intended for through vehicular traffic.
             22          (2) "All-terrain type I vehicle" is used as defined in Section 41-22-2 .
             23          (3) "Authorized emergency vehicle" means fire department vehicles, police vehicles,
             24      ambulances, and other publicly or privately owned vehicles as designated by the commissioner of
             25      the Department of Public Safety.
             26          (4) "Bicycle" means every device propelled by human power upon which any person may
             27      ride, having two tandem wheels, except scooters and similar devices.


             28          (5) "Bus" means every motor vehicle designed for carrying more than 15 passengers and
             29      used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and
             30      used for the transportation of persons for compensation.
             31          (6) "Controlled-access highway" means every highway, street, or roadway to or from
             32      which owners or occupants of abutting lands and other persons have no legal right of access,
             33      except at points as determined by the public authority having jurisdiction over the highway, street,
             34      or roadway.
             35          (7) "Crosswalk" means:
             36          (a) that part of a roadway at an intersection included within the connections of the lateral
             37      lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence
             38      of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side
             39      of the roadway, that part of a roadway included within the extension of the lateral lines of the
             40      existing sidewalk at right angles to the centerline; or
             41          (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
             42      pedestrian crossing by lines or other markings on the surface.
             43          (8) "Department" means the Department of Public Safety.
             44          (9) "Divided highway" means a highway divided into two or more roadways by unpaved
             45      intervening space or by a physical barrier or by a clearly indicated dividing section constructed to
             46      impede vehicular traffic.
             47          (10) "Electric assisted bicycle" means a moped with an electric motor with a power output
             48      of not more than 1,000 watts, which is not capable of propelling the device at a speed of more than
             49      20 miles per hour on level ground, and which is not capable of increasing the speed of the device
             50      when human power is used to propel the device at more than 20 miles per hour.
             51          (11) "Explosives" means any chemical compound or mechanical mixture commonly used
             52      or intended for the purpose of producing an explosion and which contains any oxidizing and
             53      combustive units or other ingredients in proportions, quantities, or packing so that an ignition by
             54      fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may
             55      cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable
             56      of producing destructive effects on contiguous objects or of causing death or serious bodily injury.
             57          (12) "Farm tractor" means every motor vehicle designed and used primarily as a farm
             58      implement, for drawing plows, mowing machines, and other implements of husbandry.


             59          (13) "Flammable liquid" means any liquid which has a flashpoint of 100 degrees F. or less,
             60      as determined by a tagliabue or equivalent closed-cup test device.
             61          (14) "Gross weight" means the weight of a vehicle without load plus the weight of any
             62      load on the vehicle.
             63          (15) "Highway" means the entire width between property lines of every way or place of
             64      any nature when any part of it is open to the use of the public as a matter of right for vehicular
             65      travel.
             66          (16) "Intersection" means the area embraced within the prolongation or connection of the
             67      lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or more
             68      highways which join one another.
             69          (a) Where a highway includes two roadways 30 feet or more apart, every crossing of each
             70      roadway of the divided highway by an intersecting highway is a separate intersection; if the
             71      intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two
             72      roadways of the highways is a separate intersection.
             73          (b) The junction of an alley with a street or highway is not an intersection.
             74          (17) "Local authorities" means every county, municipal, and other local board or body
             75      having authority to enact laws relating to traffic under the constitution and laws of the state.
             76          (18) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle designed to be
             77      operated at speeds of not more than 25 miles per hour and that has a capacity of not more than four
             78      passengers, including the driver.
             79          (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
             80          [(18)] (19) "Metal tire" means a tire, the surface of which in contact with the highway is
             81      wholly or partly of metal or other hard nonresilient material.
             82          [(19)] (20) "Mobile home" means:
             83          (a) a trailer or semitrailer which is designed, constructed, and equipped as a dwelling
             84      place, living abode, or sleeping place either permanently or temporarily, and is equipped for use
             85      as a conveyance on streets and highways; or
             86          (b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
             87      for use as a mobile home, as defined in Subsection [(19)] (20)(a), but which is instead used
             88      permanently or temporarily for the advertising, sales, display, or promotion of merchandise or
             89      services, or for any other commercial purpose except the transportation of property for hire or the


             90      transportation of property for distribution by a private carrier.
             91          [(20)] (21) "Moped" means a motor-driven cycle having both pedals to permit propulsion
             92      by human power, and a motor which produces not more than two brake horsepower and which is
             93      not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. If
             94      an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters and
             95      the moped shall have a power drive system that functions directly or automatically without
             96      clutching or shifting by the operator after the drive system is engaged. A moped includes an
             97      electric assisted bicycle and a motor assisted scooter.
             98          [(21)] (22) "Motor assisted scooter" means a self-propelled device with at least two wheels
             99      in contact with the ground, a braking system capable of stopping the unit under typical operating
             100      conditions, a gas or electric motor not exceeding 40 cubic centimeters, a deck design for a person
             101      to stand while operating the device, and the ability to be propelled by human power alone.
             102          [(22)] (23) "Motor vehicle" means every vehicle which is self-propelled and every vehicle
             103      which is propelled by electric power obtained from overhead trolley wires, but not operated upon
             104      rails, except vehicles moved solely by human power and motorized wheel chairs.
             105          [(23)] (24) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
             106      saddle for the use of the rider and designed to travel with not more than three wheels in contact
             107      with the ground.
             108          [(24)] (25) "Motor-driven cycle" means every motorcycle and motor scooter, moped,
             109      electric assisted bicycle, motor assisted scooter, and every motorized bicycle having an engine with
             110      less than 150 cubic centimeters displacement or having a motor which produces not more than five
             111      horsepower.
             112          [(25)] (26) "Official traffic-control devices" means all signs, signals, markings, and
             113      devices not inconsistent with this chapter placed or erected by authority of a public body or official
             114      having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
             115          [(26)] (27) "Off-highway implement of husbandry" is used as defined under Section
             116      41-22-2 .
             117          [(27)] (28) "Off-highway vehicle" is used as defined under Section 41-22-2 .
             118          [(28)] (29) "Operator" means any person who is in actual physical control of a vehicle.
             119          [(29)] (30) "Park" or "parking" means the standing of a vehicle, whether occupied or not,
             120      otherwise than temporarily for the purpose of and while actually engaged in loading or unloading


             121      property or passengers.
             122          [(30)] (31) "Peace officer" means any peace officer authorized under Title 53, Chapter 13,
             123      Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
             124      laws.
             125          [(31)] (32) "Pedestrian" means any person afoot.
             126          [(32)] (33) "Person" means every natural person, firm, copartnership, association, or
             127      corporation.
             128          [(33)] (34) "Pole trailer" means every vehicle without motive power designed to be drawn
             129      by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being
             130      boomed or otherwise secured to the towing vehicle, and is ordinarily used for transporting long or
             131      irregular shaped loads such as poles, pipes, or structural members generally capable of sustaining
             132      themselves as beams between the supporting connections.
             133          [(34)] (35) "Private road or driveway" means every way or place in private ownership and
             134      used for vehicular travel by the owner and those having express or implied permission from the
             135      owner, but not by other persons.
             136          [(35)] (36) "Railroad" means a carrier of persons or property upon cars operated upon
             137      stationary rails.
             138          [(36)] (37) "Railroad sign or signal" means a sign, signal, or device erected by authority
             139      of a public body or official or by a railroad and intended to give notice of the presence of railroad
             140      tracks or the approach of a railroad train.
             141          [(37)] (38) "Railroad train" means a locomotive propelled by any form of energy, coupled
             142      with or operated without cars, and operated upon rails.
             143          [(38)] (39) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
             144      lawful manner in preference to another vehicle or pedestrian approaching under circumstances of
             145      direction, speed, and proximity which give rise to danger of collision unless one grants precedence
             146      to the other.
             147          [(39)] (40) "Roadway" means that portion of highway improved, designed, or ordinarily
             148      used for vehicular travel, exclusive of the sidewalk, berm, or shoulder, even though any of them
             149      are used by persons riding bicycles or other human-powered vehicles. If a highway includes two
             150      or more separate roadways, roadway refers to any roadway separately but not to all roadways
             151      collectively.


             152          [(40)] (41) "Safety zone" means the area or space officially set apart within a roadway for
             153      the exclusive use of pedestrians and which is protected, marked, or indicated by adequate signs as
             154      to be plainly visible at all times while set apart as a safety zone.
             155          [(41)] (42) "School bus" means every motor vehicle that complies with the color and
             156      identification requirements of the most recent edition of "Minimum Standards for School Buses"
             157      and is used to transport school children to or from school or school activities. This definition does
             158      not include vehicles operated by common carriers in transportation of school children to or from
             159      school or school activities.
             160          [(42)] (43) "Semitrailer" means a vehicle with or without motive power, other than a pole
             161      trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and
             162      constructed so that some part of its weight and that of its load rests upon or is carried by another
             163      vehicle.
             164          [(43)] (44) "Shoulder area" means that area of the hard-surfaced highway separated from
             165      the roadway by a pavement edge line as established in the current approved "Manual on Uniform
             166      Traffic Control Devices," or that portion of the road contiguous to the roadway for accommodation
             167      of stopped vehicles, for emergency use, and lateral support.
             168          [(44)] (45) "Sidewalk" means that portion of a street between the curb lines, or the lateral
             169      lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
             170          [(45)] (46) "Solid rubber tire" means every tire of rubber or other resilient material which
             171      does not depend upon compressed air for the support of the load.
             172          [(46)] (47) "Stand" or "standing" means the halting of a vehicle, whether occupied or not,
             173      other than temporarily for the purpose of and while actually engaged in receiving or discharging
             174      passengers.
             175          [(47)] (48) "Stop" when required means complete cessation from movement.
             176          [(48)] (49) "Stop" or "stopping" when prohibited means any halting even momentarily of
             177      a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or
             178      when in compliance with the directions of a peace officer or official traffic-control device.
             179          [(49)] (50) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
             180      conveyances either singly or together while using any highway for the purpose of travel.
             181          [(50)] (51) "Traffic-control signal" means any device, whether manually, electrically, or
             182      mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.


             183          [(51)] (52) "Trailer" means every vehicle with or without motive power, other than a pole
             184      trailer, designed for carrying persons or property and for being drawn by a motor vehicle and
             185      constructed so that no part of its weight rests upon the towing vehicle.
             186          [(52)] (53) "Truck" means every motor vehicle designed, used, or maintained primarily
             187      for the transportation of property.
             188          [(53)] (54) "Truck tractor" means a motor vehicle designed and used primarily for drawing
             189      other vehicles and constructed to carry a part of the weight of the vehicle and load drawn by the
             190      truck tractor.
             191          [(54)] (55) "Urban district" means the territory contiguous to and including any street, in
             192      which structures devoted to business, industry, or dwelling houses are situated at intervals of less
             193      than 100 feet, for a distance of a quarter of a mile or more.
             194          [(55)] (56) "Vehicle" means every device in, upon, or by which any person or property is
             195      or may be transported or drawn upon a highway, except devices used exclusively upon stationary
             196      rails or tracks.
             197          Section 2. Section 41-6-117.6 is enacted to read:
             198          41-6-117.6. Low-speed vehicle.
             199          (1) Except as otherwise provided in this section, a low-speed vehicle is considered a motor
             200      vehicle for purposes of the Utah Code including requirements for:
             201          (a) traffic rules under Title 41, Chapter 6, Traffic Rules and Regulations;
             202          (b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
             203          (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of Motor
             204      Vehicle Owners and Operators Act;
             205          (d) vehicle registration, titling, odometer statements, vehicle identification numbers,
             206      license plates, and registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
             207          (e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and fee
             208      in lieu of property taxes or in lieu fees under Section 59-2-405 ;
             209          (f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
             210      Regulation Act;
             211          (g) motor vehicle safety inspection requirements under Section 53-8-205 ; and
             212          (h) safety belt requirements under Title 41, Chapter 6, Article 17, Motor Vehicle Seat Belt
             213      Usage Act.


             214          (2) (a) A low-speed vehicle shall comply with federal safety standards established in 49
             215      C.F.R. 571.500 and shall be equipped with:
             216          (i) headlamps;
             217          (ii) front and rear turn signals, tail lamps, and stop lamps;
             218          (iii) turn signal lamps;
             219          (iv) reflex reflectors one on the rear of the vehicle and one on the left and right side and
             220      as far to the rear of the vehicle as practical;
             221          (v) a parking brake;
             222          (vi) a windshield that meets the standards under Section 41-6-149, including a device for
             223      cleaning rain, snow, or other moisture from the windshield;
             224          (vii) an exterior rearview mirror on the driver's side and either an interior rearview mirror
             225      or an exterior rearview mirror on the passenger side;
             226          (viii) a speedometer and odometer; and
             227          (ix) braking for each wheel.
             228          (b) A low-speed vehicle that complies with Subsections (2) and (3) and that is not altered
             229      from the manufacturer is considered to comply with equipment requirements in Title 41, Chapter
             230      6, Article 16, Equipment.
             231          (3) A person may not operate a low-speed vehicle that has been structurally altered from
             232      the original manufacturer's design.
             233          (4) A user of a low-speed vehicle shall obtain an annual clean special fuel tax certificate
             234      for each low-speed vehicle as required under Section 59-13-304 .
             235          (5) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
             236      maintenance program requirements under Section 41-6-163.6 .
             237          (6) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
             238      operated on a highway with a posted speed limit of more than 35 miles per hour.
             239          (b) In addition to the restrictions under Subsection (6)(a), a highway authority, as defined
             240      under Section 72-1-102 , may prohibit or restrict the operation of a low-speed vehicle on any
             241      highway under its jurisdiction, if the highway authority determines the prohibition or restriction
             242      is necessary for public safety.
             243          (7) A person who violates Subsection (2), (3), or (6) is guilty of a class C misdemeanor.
             244          Section 3. Effective date.


             245          This act takes effect on October 1, 2002.




Legislative Review Note
    as of 1-31-02 10:41 AM


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

Office of Legislative Research and General Counsel


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