H.B. 201 Enrolled

TRAFFIC SIGNAL PREEMPTION DEVICE
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: John Dougall

LONG TITLE
General Description:
This bill modifies the Motor Vehicles Code to amend traffic provisions related to
interfering with traffic-control devices.
Highlighted Provisions:
This bill:
. defines "traffic signal preemption device";
. prohibits a person from:
. altering, damaging, or removing an official traffic-monitoring device;
. knowingly using a traffic signal preemption device to interfere with the
authorized operation or cycle of a traffic-control signal; or
. operating a motor vehicle on a highway with a traffic signal preemption device in
the vehicle;
. provides an exception for persons authorized by a highway authority or a railroad
authority; and
. provides an affirmative defense if the traffic signal preemption device is inoperative.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6-28, as last amended by Chapter 138, Laws of Utah 1987

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-28 is amended to read:
41-6-28. Interference with traffic-control devices prohibited -- Traffic signal
preemption device prohibited -- Exceptions -- Defense.
[A] (1) As used in this section:
(a) "Highway authority" has the same meaning as provided in Section 72-1-102 .
(b) "Traffic signal preemption device" means an instrument or mechanism designed,
intended, or used to interfere with the operation or cycle of a traffic-control signal.
(2) Except as provided in Subsection (4), a person may not [without lawful authority
attempt to or in fact] alter, deface, [injure] damage, knock down, or remove any:
(a) official traffic-control device [or any];
(b) official traffic-monitoring device; or
(c) official railroad [sign or signal or any inscription, shield, or insignia on it, or any other
part of it] traffic-control device.
(3) Except as provided in Subsection (4), a person may not:
(a) knowingly use a traffic signal preemption device to interfere with the authorized
operation or the authorized cycle of a traffic-control signal; or
(b) operate a motor vehicle on a highway while in possession of a traffic signal
preemption device.
(4) The provisions of Subsections (2) and (3) do not apply to a person authorized by the
highway authority or railroad authority with jurisdiction over the device.
(5) It is an affirmative defense to a charge under Subsection (3)(b) that the traffic signal
preemption device was inoperative and could not be readily used at the time of the citation or
arrest.

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