H.B. 322

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 20, 2004 at 12:31 PM by chopkin. --> This document includes House Committee Amendments incorporated into the bill on Fri, Feb 27, 2004 at 4:44 PM by chopkin. --> This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Fri, Feb 27, 2004 at 4:45 PM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 1, 2004 at 9:30 PM by chopkin. --> 1

GOLF CARTS ALLOWED ON CERTAIN
2 HIGHWAYS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carol Spackman Moss
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by allowing golf carts on certain highways.
10 Highlighted Provisions:
11 This bill:
12 . defines "golf cart";
13 . allows a municipality or county to allow golf carts on specified highways under its
14 jurisdiction H [ during daylight hours ] h ;
15 . prohibits the use of a golf cart on a highway with a posted speed limit of more than
16 25 miles per hour;
17 . provides that a golf cart, when used on a highway, is considered a motor vehicle for
18 purposes of traffic rules, driver licensing, insurance, registration, titling, and
19 taxation;
20 . requires a golf cart used on the highway to be equipped with H HEAD LAMPS, h stop
20a lamps H , h and brakes;
21 . exempts golf carts used on the highway from safety and emissions inspections,
22 vehicle identification numbers, and odometer requirements;
23 . provides a penalty; and
24 . make technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 H [ None ] THIS BILL TAKES EFFECT ON JANUARY 1, 2005. h
29 Utah Code Sections Affected:
30 AMENDS:
31 41-6-1, as last amended by Chapters 34 and 165, Laws of Utah 2002
32 ENACTS:
33 41-6-117.7, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-6-1 is amended to read:
37 41-6-1. Definitions.
38 As used in this chapter:
39 (1) "Alley" means a street or highway intended to provide access to the rear or side of
40 lots or buildings in urban districts and not intended for through vehicular traffic.
41 (2) "All-terrain type I vehicle" is used as defined in Section 41-22-2 .
42 (3) "Authorized emergency vehicle" means fire department vehicles, police vehicles,
43 ambulances, and other publicly or privately owned vehicles as designated by the commissioner
44 of the Department of Public Safety.
45 (4) "Bicycle" means every device propelled by human power upon which any person
46 may ride, having two tandem wheels, except scooters and similar devices.
47 (5) "Bus" means every motor vehicle designed for carrying more than 15 passengers
48 and used for the transportation of persons; and every motor vehicle, other than a taxicab,
49 designed and used for the transportation of persons for compensation.
50 (6) "Controlled-access highway" means every highway, street, or roadway to or from
51 which owners or occupants of abutting lands and other persons have no legal right of access,
52 except at points as determined by the public authority having jurisdiction over the highway,
53 street, or roadway.
54 (7) "Crosswalk" means:
55 (a) that part of a roadway at an intersection included within the connections of the
56 lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in
57 the absence of curbs, from the edges of the traversable roadway; and in the absence of a
58 sidewalk on one side of the roadway, that part of a roadway included within the extension of

59 the lateral lines of the existing sidewalk at right angles to the centerline; or
60 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
61 pedestrian crossing by lines or other markings on the surface.
62 (8) "Department" means the Department of Public Safety.
63 (9) "Divided highway" means a highway divided into two or more roadways by
64 unpaved intervening space or by a physical barrier or by a clearly indicated dividing section
65 constructed to impede vehicular traffic.
66 (10) "Electric assisted bicycle" means a moped with an electric motor with a power
67 output of not more than 1,000 watts, which is not capable of propelling the device at a speed of
68 more than 20 miles per hour on level ground, and which is not capable of increasing the speed
69 of the device when human power is used to propel the device at more than 20 miles per hour.
70 (11) "Explosives" means any chemical compound or mechanical mixture commonly
71 used or intended for the purpose of producing an explosion and which contains any oxidizing
72 and combustive units or other ingredients in proportions, quantities, or packing so that an
73 ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or
74 mixture may cause a sudden generation of highly heated gases, and the resultant gaseous
75 pressures are capable of producing destructive effects on contiguous objects or of causing death
76 or serious bodily injury.
77 (12) "Farm tractor" means every motor vehicle designed and used primarily as a farm
78 implement, for drawing plows, mowing machines, and other implements of husbandry.
79 (13) "Flammable liquid" means any liquid which has a flashpoint of 100 degrees F. or
80 less, as determined by a tabliabue or equivalent closed-cup test device.
81 (14) (a) "Golf cart" means a motor vehicle that:
82 (i) is designed for transportation by players on a golf course;
83 (ii) has not less than three wheels in contact with the ground;
84 (iii) has an unladen weight of less than 1,800 pounds;
85 (iv) is designed to operate at a speed of not more than 25 miles per hour; and
86 (v) is designed to carry not more than four persons including the driver.
87 (b) "Golf cart" does not include a low-speed vehicle or an off-highway vehicle.
88 [(14)] (15) "Gross weight" means the weight of a vehicle without load plus the weight
89 of any load on the vehicle.

90 [(15)] (16) "Highway" means the entire width between property lines of every way or
91 place of any nature when any part of it is open to the use of the public as a matter of right for
92 vehicular travel.
93 [(16)] (17) "Intersection" means the area embraced within the prolongation or
94 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
95 of two or more highways which join one another.
96 (a) Where a highway includes two roadways 30 feet or more apart, every crossing of
97 each roadway of the divided highway by an intersecting highway is a separate intersection; if
98 the intersecting highway also includes two roadways 30 feet or more apart, then every crossing
99 of two roadways of the highways is a separate intersection.
100 (b) The junction of an alley with a street or highway is not an intersection.
101 [(17)] (18) "Local authorities" means every county, municipal, and other local board or
102 body having authority to enact laws relating to traffic under the constitution and laws of the
103 state.
104 [(18)] (19) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle
105 designed to be operated at speeds of not more than 25 miles per hour and that has a capacity of
106 not more than four passengers, including the driver.
107 (b) "Low-speed vehicle" does not include a golf cart or an off-highway vehicle.
108 [(19)] (20) "Metal tire" means a tire, the surface of which in contact with the highway
109 is wholly or partly of metal or other hard nonresilient material.
110 [(20)] (21) "Mobile home" means:
111 (a) a trailer or semitrailer which is designed, constructed, and equipped as a dwelling
112 place, living abode, or sleeping place either permanently or temporarily, and is equipped for
113 use as a conveyance on streets and highways; or
114 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
115 constructed for use as a mobile home, as defined in Subsection [(20)] (21)(a), but which is
116 instead used permanently or temporarily for the advertising, sales, display, or promotion of
117 merchandise or services, or for any other commercial purpose except the transportation of
118 property for hire or the transportation of property for distribution by a private carrier.
119 [(21)] (22) "Moped" means a motor-driven cycle having both pedals to permit
120 propulsion by human power, and a motor which produces not more than two brake horsepower

121 and which is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
122 level ground. If an internal combustion engine is used, the displacement may not exceed 50
123 cubic centimeters and the moped shall have a power drive system that functions directly or
124 automatically without clutching or shifting by the operator after the drive system is engaged. A
125 moped includes an electric assisted bicycle and a motor assisted scooter.
126 [(22)] (23) "Motor assisted scooter" means a self-propelled device with at least two
127 wheels in contact with the ground, a braking system capable of stopping the unit under typical
128 operating conditions, a gas or electric motor not exceeding 40 cubic centimeters, a deck design
129 for a person to stand while operating the device, and the ability to be propelled by human
130 power alone.
131 [(23)] (24) "Motor vehicle" means every vehicle which is self-propelled and every
132 vehicle which is propelled by electric power obtained from overhead trolley wires, but not
133 operated upon rails, except vehicles moved solely by human power and motorized wheel
134 chairs.
135 [(24)] (25) "Motorcycle" means every motor vehicle, other than a tractor, having a seat
136 or saddle for the use of the rider and designed to travel with not more than three wheels in
137 contact with the ground.
138 [(25)] (26) "Motor-driven cycle" means every motorcycle and motor scooter, personal
139 motorized mobility device, moped, electric assisted bicycle, motor assisted scooter, and every
140 motorized bicycle having an engine with less than 150 cubic centimeters displacement or
141 having a motor which produces not more than five horsepower.
142 [(26)] (27) "Official traffic-control devices" means all signs, signals, markings, and
143 devices not inconsistent with this chapter placed or erected by authority of a public body or
144 official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
145 [(27)] (28) "Off-highway implement of husbandry" is used as defined under Section
146 41-22-2 .
147 [(28)] (29) "Off-highway vehicle" is used as defined under Section 41-22-2 .
148 [(29)] (30) "Operator" means any person who is in actual physical control of a vehicle.
149 [(30)] (31) "Park" or "parking" means the standing of a vehicle, whether occupied or
150 not, otherwise than temporarily for the purpose of and while actually engaged in loading or
151 unloading property or passengers.

152 [(31)] (32) "Peace officer" means any peace officer authorized under Title 53, Chapter
153 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
154 traffic laws.
155 [(32)] (33) "Pedestrian" means any person afoot.
156 [(33)] (34) "Person" means every natural person, firm, copartnership, association, or
157 corporation.
158 [(34)] (35) "Personal motorized mobility device" means a self-propelled device with
159 two nontandem wheels in contact with the ground, a system capable of steering and stopping
160 the unit under typical operating conditions, a motor not exceeding one horse power or 750
161 watts, and a deck design for a person to stand while operating the device. A "personal
162 motorized mobility device" does not include a wheelchair.
163 [(35)] (36) "Pole trailer" means every vehicle without motive power designed to be
164 drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by
165 being boomed or otherwise secured to the towing vehicle, and is ordinarily used for
166 transporting long or irregular shaped loads such as poles, pipes, or structural members
167 generally capable of sustaining themselves as beams between the supporting connections.
168 [(36)] (37) "Private road or driveway" means every way or place in private ownership
169 and used for vehicular travel by the owner and those having express or implied permission
170 from the owner, but not by other persons.
171 [(37)] (38) "Railroad" means a carrier of persons or property upon cars operated upon
172 stationary rails.
173 [(38)] (39) "Railroad sign or signal" means a sign, signal, or device erected by
174 authority of a public body or official or by a railroad and intended to give notice of the presence
175 of railroad tracks or the approach of a railroad train.
176 [(39)] (40) "Railroad train" means a locomotive propelled by any form of energy,
177 coupled with or operated without cars, and operated upon rails.
178 [(40)] (41) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
179 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
180 of direction, speed, and proximity which give rise to danger of collision unless one grants
181 precedence to the other.
182 [(41)] (42) "Roadway" means that portion of highway improved, designed, or

183 ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder, even though
184 any of them are used by persons riding bicycles or other human-powered vehicles. If a
185 highway includes two or more separate roadways, roadway refers to any roadway separately but
186 not to all roadways collectively.
187 [(42)] (43) "Safety zone" means the area or space officially set apart within a roadway
188 for the exclusive use of pedestrians and which is protected, marked, or indicated by adequate
189 signs as to be plainly visible at all times while set apart as a safety zone.
190 [(43)] (44) "School bus" means every motor vehicle that complies with the color and
191 identification requirements of the most recent edition of "Minimum Standards for School
192 Buses" and is used to transport school children to or from school or school activities. This
193 definition does not include vehicles operated by common carriers in transportation of school
194 children to or from school or school activities.
195 [(44)] (45) "Semitrailer" means a vehicle with or without motive power, other than a
196 pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle,
197 and constructed so that some part of its weight and that of its load rests upon or is carried by
198 another vehicle.
199 [(45)] (46) "Shoulder area" means that area of the hard-surfaced highway separated
200 from the roadway by a pavement edge line as established in the current approved "Manual on
201 Uniform Traffic Control Devices," or that portion of the road contiguous to the roadway for
202 accommodation of stopped vehicles, for emergency use, and lateral support.
203 [(46)] (47) "Sidewalk" means that portion of a street between the curb lines, or the
204 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
205 [(47)] (48) "Solid rubber tire" means every tire of rubber or other resilient material
206 which does not depend upon compressed air for the support of the load.
207 [(48)] (49) "Stand" or "standing" means the halting of a vehicle, whether occupied or
208 not, other than temporarily for the purpose of and while actually engaged in receiving or
209 discharging passengers.
210 [(49)] (50) "Stop" when required means complete cessation from movement.
211 [(50)] (51) "Stop" or "stopping" when prohibited means any halting even momentarily
212 of a vehicle, whether occupied or not, except when necessary to avoid conflict with other
213 traffic or when in compliance with the directions of a peace officer or official traffic-control

214 device.
215 [(51)] (52) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
216 conveyances either singly or together while using any highway for the purpose of travel.
217 [(52)] (53) "Traffic-control signal" means any device, whether manually, electrically,
218 or mechanically operated, by which traffic is alternately directed to stop and permitted to
219 proceed.
220 [(53)] (54) "Trailer" means every vehicle with or without motive power, other than a
221 pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle
222 and constructed so that no part of its weight rests upon the towing vehicle.
223 [(54)] (55) "Truck" means every motor vehicle designed, used, or maintained primarily
224 for the transportation of property.
225 [(55)] (56) "Truck tractor" means a motor vehicle designed and used primarily for
226 drawing other vehicles and constructed to carry a part of the weight of the vehicle and load
227 drawn by the truck tractor.
228 [(56)] (57) "Urban district" means the territory contiguous to and including any street,
229 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
230 less than 100 feet, for a distance of a quarter of a mile or more.
231 [(57)] (58) "Vehicle" means every device in, upon, or by which any person or property
232 is or may be transported or drawn upon a highway, except devices used exclusively upon
233 stationary rails or tracks.
234 Section 2. Section 41-6-117.7 is enacted to read:
235 41-6-117.7. Golf cart allowed on certain streets -- Restrictions -- Penalties.
236 (1) (a) In accordance with this section, a municipality or county may, by ordinance,
237 allow a golf cart to be operated on specified highways under its jurisdiction H [ during daylight
238 hours ] h .
239 (b) Except to cross a highway at an intersection, a golf cart may not be operated on a
240 highway with a posted speed limit of more than 25 miles per hour.
241 (c) (i) A person may not operate a golf cart on a highway without displaying on the rear
242 of the golf cart, a slow-moving vehicle identification emblem that complies with the Society of
243 Automotive Engineers standard SAE J943.
244 (ii) This Subsection (1)(c) is an exception to the provisions of Section 41-6-130 .

245 (d) In addition to the restrictions under this section, a municipality or county may
246 provide additional restrictions, if the highway authority determines the restriction will enhance
247 public safety.
248 (2) Except as otherwise provided in this section, if operated on any specified highway
249 under Subsection (1), for purposes of the Utah Code, a golf cart is considered a:
250 (a) motor vehicle for traffic rules under Title 41, Chapter 6, Traffic Rules and
251 Regulations;
252 (b) motor vehicle for driver licensing under Title 53, Chapter 3, Uniform Driver
253 License Act;
254 (c) motor vehicle for motor vehicle insurance under Title 41, Chapter 12a, Financial
255 Responsibility of Motor Vehicle Owners and Operators Act;
256 (d) motor vehicle for vehicle registration, license plates, titling, and registration fees
257 under Title 41, Chapter 1a, Motor Vehicle Act;
258 (e) motor vehicle for fuel taxation under Title 59, Chapter 13, Motor and Special Fuel
259 Tax Act;
260 (f) motor vehicle for fee in lieu of property taxes or in lieu fees under Section
261 59-2-405 ; and
262 (g) motor vehicle for safety belt requirements under Title 41, Chapter 6, Article 17,
263 Motor Vehicle Seat Belt Usage Act, if equipped with a safety belt system by the original
264 manufacturer.
265 (3) (a) If operated on any specified highway under Subsection (1), a golf cart shall be
266 equipped with:
267 (i) H HEAD LAMPS, h tail lamps H , h and stop lamps;
268 (ii) turn signal lamps;
269 (iii) reflex reflectors, one on the rear of the vehicle and one on the left and right side
270 and as far to the rear of the vehicle as practical;
271 (iv) a parking brake;
272 (v) H [ braking for each wheel ] A BRAKING SYSTEM IN COMPLIANCE WITH THE PROVISIONS
272a OF SECTION 41-6-145 h ; and
273 (vi) a serial number for registration and titling purposes.
274 (b) A golf cart that complies with Subsections (2) and (3) and that is not altered from
275 the manufacturer is considered to comply with equipment requirements in Title 41, Chapter 6,

276 Article 16, Equipment.
277 (4) A person may not operate a golf cart on any specified highway under Subsection (1)
278 if the golf cart has been structurally altered from the original manufacturer's design.
279 (5) A golf cart is exempt from:
280 (a) motor vehicle emissions inspection and maintenance program requirements under
281 Section 41-6-163.6 ;
282 (b) motor vehicle safety inspection requirements under Section 53-8-205 ;
283 (c) vehicle identification numbers under Title 41, Chapter 1a, Part 8, Identification
284 Numbers; and
285 (d) odometer requirements under Title 41, Chapter 1a, Part 9, Odometers.
286 (6) The provisions of this section do not apply to a golf cart that is not used on a
287 highway except to cross a highway in connection with a game of golf or to follow a golf cart
288 path.
289 (7) (a) A person who violates Subsection (1), (3), or (4) is guilty of a class C
290 misdemeanor.
291 (b) A person who violates Subsection (2) is subject to the same penalties provided
292 under law.
292a H Section 3. Effective date.
292b THIS BILL TAKES EFFECT ON JANUARY 1, 2005. h




Legislative Review Note
as of 2-11-04 2:03 PM

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

Office of Legislative Research and General Counsel