First Substitute H.B. 159

Representative Brad L. Dee proposes the following substitute bill:

1 MOTOR ASSISTED SCOOTER AND
2 MINI-MOTORCYCLE AMENDMENTS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Brad L. Dee
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code to amend provisions relating to certain
10 motorized scooters and personal mobility devices.
11 Highlighted Provisions:
12 This bill:
13 . defines "direct supervision" and "mini-motorcycle";
14 . amends the definition of motor assisted scooter to include similar devices that are
15 equipped with a seat for the operator to sit or straddle while operating the device;
16 . amends the age from under 16 to under 15 of persons that may not operate a
17 personal motorized mobility device or a motor assisted scooter using the motor
18 unless the person is under the direct supervision of the person's parent or guardian;
19 . prohibits a person under eight years of age from operating a motor assisted scooter
20 on public property;
21 . prohibits a person operating a motor assisted scooter from carrying more persons
22 than it was designed to carry;
23 . prohibits a person from operating a personal motorized mobility device or a motor
24 assisted scooter that has been mechanically altered from the original manufacturer's
25 design;

26 . prohibits an owner from giving a person permission to operate a personal motorized
27 mobility device, a motor assisted scooter, or a mini-motorcycle in violation of
28 certain provisions;
29 . prohibits a person from operating a mini-motorcycle on any public property,
30 highway, path, or sidewalk unless the mini-motorcycle is registered for highway use
31 and the operator is licensed to operate a motorcycle; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 41-6a-102, as renumbered and amended by Chapter 2, Laws of Utah 2005
40 41-6a-1115, as renumbered and amended by Chapter 2, Laws of Utah 2005
41 41-6a-1116, as enacted by Chapter 2, Laws of Utah 2005
42 ENACTS:
43 41-6a-1117, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 41-6a-102 is amended to read:
47 41-6a-102. Definitions.
48 As used in this chapter:
49 (1) "Alley" means a street or highway intended to provide access to the rear or side of
50 lots or buildings in urban districts and not intended for through vehicular traffic.
51 (2) "All-terrain type I vehicle" has the same meaning as defined in Section 41-22-2 .
52 (3) "Authorized emergency vehicle" includes:
53 (a) fire department vehicles;
54 (b) police vehicles;
55 (c) ambulances; and
56 (d) other publicly or privately owned vehicles as designated by the commissioner of the

57 Department of Public Safety.
58 (4) (a) "Bicycle" means every device:
59 (i) propelled by human power;
60 (ii) upon which a person may ride; and
61 (iii) having two tandem wheels.
62 (b) "Bicycle" does not include scooters and similar devices.
63 (5) (a) "Bus" means a motor vehicle:
64 (i) designed for carrying more than 15 passengers and used for the transportation of
65 persons; or
66 (ii) designed and used for the transportation of persons for compensation.
67 (b) "Bus" does not include a taxicab.
68 (6) (a) "Circular intersection" means an intersection that has an island, generally
69 circular in design, located in the center of the intersection where traffic passes to the right of
70 the island.
71 (b) "Circular intersection" includes:
72 (i) roundabouts;
73 (ii) rotaries; and
74 (iii) traffic circles.
75 (7) "Commissioner" means the commissioner of the Department of Public Safety.
76 (8) "Controlled-access highway" means a highway, street, or roadway:
77 (a) designed primarily for through traffic; and
78 (b) to or from which owners or occupants of abutting lands and other persons have no
79 legal right of access, except at points as determined by the highway authority having
80 jurisdiction over the highway, street, or roadway.
81 (9) "Crosswalk" means:
82 (a) that part of a roadway at an intersection included within the connections of the
83 lateral lines of the sidewalks on opposite sides of the highway measured from:
84 (i) (A) the curbs; or
85 (B) in the absence of curbs, from the edges of the traversable roadway; and
86 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
87 included within the extension of the lateral lines of the existing sidewalk at right angles to the

88 centerline; or
89 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
90 pedestrian crossing by lines or other markings on the surface.
91 (10) "Department" means the Department of Public Safety.
92 (11) "Direct supervision" means oversight at a distance within which:
93 (a) visual contact is maintained; and
94 (b) advice and assistance can be given and received.
95 [(11)] (12) "Divided highway" means a highway divided into two or more roadways
96 by:
97 (a) an unpaved intervening space;
98 (b) a physical barrier; or
99 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
100 [(12)] (13) "Electric assisted bicycle" means a moped:
101 (a) with an electric motor with a power output of not more than 1,000 watts; and
102 (b) which is not capable of:
103 (i) propelling the device at a speed of more than 20 miles per hour on level ground; and
104 (ii) increasing the speed of the device when human power is used to propel the device
105 at more than 20 miles per hour.
106 [(13)] (14) "Explosives" means any chemical compound or mechanical mixture
107 commonly used or intended for the purpose of producing an explosion and which contains any
108 oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
109 that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
110 compound or mixture may cause a sudden generation of highly heated gases, and the resultant
111 gaseous pressures are capable of producing destructive effects on contiguous objects or of
112 causing death or serious bodily injury.
113 [(14)] (15) "Farm tractor" means a motor vehicle designed and used primarily as a farm
114 implement, for drawing plows, mowing machines, and other implements of husbandry.
115 [(15)] (16) "Flammable liquid" means a liquid which has a flashpoint of 100 degrees F.
116 or less, as determined by a tagliabue or equivalent closed-cup test device.
117 [(16)] (17) "Freeway" means a controlled-access highway that is part of the interstate
118 system as defined in Section 72-1-102 .

119 [(17)] (18) "Gore area" means the area delineated by two solid white lines that is
120 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
121 lane including similar areas between merging or splitting highways.
122 [(18)] (19) "Gross weight" means the weight of a vehicle without a load plus the
123 weight of any load on the vehicle.
124 [(19)] (20) "Highway" means the entire width between property lines of every way or
125 place of any nature when any part of it is open to the use of the public as a matter of right for
126 vehicular travel.
127 [(20)] (21) "Highway authority" has the same meaning as defined in Section 72-1-102 .
128 [(21)] (22) (a) "Intersection" means the area embraced within the prolongation or
129 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
130 of two or more highways which join one another.
131 (b) Where a highway includes two roadways 30 feet or more apart:
132 (i) every crossing of each roadway of the divided highway by an intersecting highway
133 is a separate intersection; and
134 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
135 every crossing of two roadways of the highways is a separate intersection.
136 (c) "Intersection" does not include the junction of an alley with a street or highway.
137 [(22)] (23) "Island" means an area between traffic lanes or at an intersection for control
138 of vehicle movements or for pedestrian refuge designated by:
139 (a) pavement markings, which may include an area designated by two solid yellow
140 lines surrounding the perimeter of the area;
141 (b) channelizing devices;
142 (c) curbs;
143 (d) pavement edges; or
144 (e) other devices.
145 [(23)] (24) "Law enforcement agency" has the same meaning as defined in Section
146 53-1-102 .
147 [(24)] (25) "Limited access highway" means a highway:
148 (a) that is designated specifically for through traffic; and
149 (b) over, from, or to which neither owners nor occupants of abutting lands nor other

150 persons have any right or easement, or have only a limited right or easement of access, light,
151 air, or view.
152 [(25)] (26) "Local highway authority" means the legislative, executive, or governing
153 body of a county, municipal, or other local board or body having authority to enact laws
154 relating to traffic under the constitution and laws of the state.
155 [(26)] (27) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
156 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
157 (ii) has a capacity of not more than four passengers, including the driver.
158 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
159 [(27)] (28) "Metal tire" means a tire, the surface of which in contact with the highway
160 is wholly or partly of metal or other hard nonresilient material.
161 (29) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
162 saddle that is less than 24 inches from the ground as measured on a level surface with properly
163 inflated tires.
164 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
165 (c) "Mini-motorcycle" does not include a motorcycle that is:
166 (i) designed for off-highway use; and
167 (ii) registered as an off-highway vehicle under Section 41-22-3 .
168 [(28)] (30) "Mobile home" means:
169 (a) a trailer or semitrailer which is:
170 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
171 place either permanently or temporarily; and
172 (ii) equipped for use as a conveyance on streets and highways; or
173 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
174 constructed for use as a mobile home, as defined in Subsection [(28)] (30)(a), but which is
175 instead used permanently or temporarily for:
176 (i) the advertising, sale, display, or promotion of merchandise or services; or
177 (ii) any other commercial purpose except the transportation of property for hire or the
178 transportation of property for distribution by a private carrier.
179 [(29)] (31) (a) "Moped" means a motor-driven cycle having:
180 (i) pedals to permit propulsion by human power; and

181 (ii) a motor which:
182 (A) produces not more than two brake horsepower; and
183 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
184 level ground.
185 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
186 centimeters and the moped shall have a power drive system that functions directly or
187 automatically without clutching or shifting by the operator after the drive system is engaged.
188 (c) "Moped" includes an electric assisted bicycle and a motor assisted scooter.
189 [(30)] (32) "Motor assisted scooter" means a self-propelled device with:
190 (a) at least two wheels in contact with the ground;
191 (b) a braking system capable of stopping the unit under typical operating conditions;
192 (c) a gas or electric motor not exceeding 40 cubic centimeters;
193 (d) either:
194 (i) a deck design for a person to stand while operating the device; [and] or
195 (ii) a deck and seat designed for a person to sit, straddle, or stand while operating the
196 device; and
197 (e) a design for the ability to be propelled by human power alone.
198 [(31)] (33) (a) "Motor vehicle" means a vehicle which is self-propelled and every
199 vehicle which is propelled by electric power obtained from overhead trolley wires, but not
200 operated upon rails.
201 (b) "Motor vehicle" does not include vehicles moved solely by human power and
202 motorized wheel chairs.
203 [(32)] (34) "Motorcycle" means a motor vehicle, other than a tractor, having a seat or
204 saddle for the use of the rider and designed to travel with not more than three wheels in contact
205 with the ground.
206 [(33)] (35) "Motor-driven cycle" means every motorcycle, motor scooter, personal
207 motorized mobility device, moped, electric assisted bicycle, motor assisted scooter, and every
208 motorized bicycle having:
209 (a) an engine with less than 150 cubic centimeters displacement; or
210 (b) a motor which produces not more than five horsepower.
211 [(34)] (36) "Off-highway implement of husbandry" has the same meaning as defined

212 under Section 41-22-2 .
213 [(35)] (37) "Off-highway vehicle" has the same meaning as defined under Section
214 41-22-2 .
215 [(36)] (38) "Operator" means a person who is in actual physical control of a vehicle.
216 [(37)] (39) (a) "Park" or "parking" means the standing of a vehicle, whether occupied
217 or not.
218 (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
219 purpose of and while actually engaged in loading or unloading property or passengers.
220 [(38)] (40) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
221 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
222 traffic laws.
223 [(39)] (41) "Pedestrian" means a person traveling:
224 (a) on foot; or
225 (b) in a wheelchair.
226 [(40)] (42) "Pedestrian traffic-control signal" means a traffic-control signal used to
227 regulate pedestrians.
228 [(41)] (43) "Person" means every natural person, firm, copartnership, association, or
229 corporation.
230 [(42)] (44) (a) "Personal motorized mobility device" means a self-propelled device
231 with:
232 (i) two nontandem wheels in contact with the ground;
233 (ii) a system capable of steering and stopping the unit under typical operating
234 conditions;
235 (iii) a motor not exceeding one horse power or 750 watts; and
236 (iv) a deck design for a person to stand while operating the device.
237 (b) "Personal motorized mobility device" does not include a wheelchair.
238 [(43)] (45) "Pole trailer" means every vehicle without motive power:
239 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
240 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
241 (b) that is ordinarily used for transporting long or irregular shaped loads including
242 poles, pipes, or structural members generally capable of sustaining themselves as beams

243 between the supporting connections.
244 [(44)] (46) "Private road or driveway" means every way or place in private ownership
245 and used for vehicular travel by the owner and those having express or implied permission
246 from the owner, but not by other persons.
247 [(45)] (47) "Railroad" means a carrier of persons or property upon cars operated on
248 stationary rails.
249 [(46)] (48) "Railroad sign or signal" means a sign, signal, or device erected by
250 authority of a public body or official or by a railroad and intended to give notice of the presence
251 of railroad tracks or the approach of a railroad train.
252 [(47)] (49) "Railroad train" means a locomotive propelled by any form of energy,
253 coupled with or operated without cars, and operated upon rails.
254 [(48)] (50) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
255 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
256 of direction, speed, and proximity which give rise to danger of collision unless one grants
257 precedence to the other.
258 [(49)] (51) (a) "Roadway" means that portion of highway improved, designed, or
259 ordinarily used for vehicular travel.
260 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
261 them are used by persons riding bicycles or other human-powered vehicles.
262 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if a
263 highway includes two or more separate roadways.
264 [(50)] (52) "Safety zone" means the area or space officially set apart within a roadway
265 for the exclusive use of pedestrians and which is protected, marked, or indicated by adequate
266 signs as to be plainly visible at all times while set apart as a safety zone.
267 [(51)] (53) (a) "School bus" means a motor vehicle that:
268 (i) complies with the color and identification requirements of the most recent edition of
269 "Minimum Standards for School Buses"; and
270 (ii) is used to transport school children to or from school or school activities.
271 (b) "School bus" does not include a vehicle operated by a common carrier in
272 transportation of school children to or from school or school activities.
273 [(52)] (54) (a) "Semitrailer" means a vehicle with or without motive power:

274 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
275 and
276 (ii) constructed so that some part of its weight and that of its load rests on or is carried
277 by another vehicle.
278 (b) "Semitrailer" does not include a pole trailer.
279 [(53)] (55) "Shoulder area" means:
280 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
281 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
282 or
283 (b) that portion of the road contiguous to the roadway for accommodation of stopped
284 vehicles, for emergency use, and lateral support.
285 [(54)] (56) "Sidewalk" means that portion of a street between the curb lines, or the
286 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
287 [(55)] (57) "Solid rubber tire" means a tire of rubber or other resilient material which
288 does not depend on compressed air for the support of the load.
289 [(56)] (58) "Stand" or "standing" means the temporary halting of a vehicle, whether
290 occupied or not, for the purpose of and while actually engaged in receiving or discharging
291 passengers.
292 [(57)] (59) "Stop" when required means complete cessation from movement.
293 [(58)] (60) "Stop" or "stopping" when prohibited means any halting even momentarily
294 of a vehicle, whether occupied or not, except when:
295 (a) necessary to avoid conflict with other traffic; or
296 (b) in compliance with the directions of a peace officer or traffic-control device.
297 [(59)] (61) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
298 conveyances either singly or together while using any highway for the purpose of travel.
299 [(60)] (62) "Traffic-control device" means a sign, signal, marking, or device not
300 inconsistent with this chapter placed or erected by a highway authority for the purpose of
301 regulating, warning, or guiding traffic.
302 [(61)] (63) "Traffic-control signal" means a device, whether manually, electrically, or
303 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
304 [(62)] (64) "Traffic signal preemption device" means an instrument or mechanism

305 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
306 [(63)] (65) (a) "Trailer" means a vehicle with or without motive power designed for
307 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
308 part of its weight rests upon the towing vehicle.
309 (b) "Trailer" does not include a pole trailer.
310 [(64)] (66) "Truck" means a motor vehicle designed, used, or maintained primarily for
311 the transportation of property.
312 [(65)] (67) "Truck tractor" means a motor vehicle:
313 (a) designed and used primarily for drawing other vehicles; and
314 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
315 tractor.
316 [(66)] (68) "Two-way left turn lane" means a lane:
317 (a) provided for vehicle operators making left turns in either direction;
318 (b) that is not used for passing, overtaking, or through travel; and
319 (c) that has been indicated by a lane traffic-control device which may include lane
320 markings.
321 [(67)] (69) "Urban district" means the territory contiguous to and including any street,
322 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
323 less than 100 feet, for a distance of a quarter of a mile or more.
324 [(68)] (70) "Vehicle" means a device in, on, or by which a person or property is or may
325 be transported or drawn on a highway, except devices used exclusively on stationary rails or
326 tracks.
327 Section 2. Section 41-6a-1115 is amended to read:
328 41-6a-1115. Motor assisted scooters -- Conflicting provisions -- Restrictions --
329 Penalties.
330 (1) (a) Except as otherwise provided in this section, a motor assisted scooter is subject
331 to the provisions under this chapter for a bicycle, moped, or a motor-driven cycle.
332 (b) For a person operating a motor assisted scooter, the following provisions do not
333 apply:
334 (i) seating positions under Section 41-6a-1501 ;
335 (ii) required lights, horns, and mirrors under Section 41-6a-1506 ;

336 (iii) entitlement to full use of a lane under Subsection 41-6a-1502 (1); and
337 (iv) driver licensing requirements under Section 53-3-202 .
338 (2) A person under [16] 15 years of age may not operate a motor assisted scooter using
339 the motor unless the person is under the direct supervision of the person's parent or guardian.
340 (3) A person under eight years of age may not operate a motor assisted scooter with the
341 motor running on any public property, highway, path, or sidewalk.
342 [(3)] (4) A person may not operate a motor assisted scooter:
343 (a) in a public parking structure;
344 (b) on public property posted as an area prohibiting skateboards;
345 (c) on a highway consisting of a total of four or more lanes designated for regular
346 vehicular traffic;
347 (d) on a highway with a posted speed limit greater than 25 miles per hour; [or]
348 (e) while carrying more persons at one time than the number for which it is designed;
349 or
350 [(e)] (f) that has been structurally or mechanically altered from the original
351 manufacturer's design.
352 [(4)] (5) Except where posted or prohibited by rule or local ordinance, a motor assisted
353 scooter is considered a nonmotorized vehicle if it is being used with the motor turned off.
354 (6) An owner may not authorize or knowingly permit a person to operate a motor
355 assisted scooter in violation of this section.
356 [(5)] (7) A person who violates this section is guilty of a class C misdemeanor.
357 Section 3. Section 41-6a-1116 is amended to read:
358 41-6a-1116. Personal motorized mobility devices -- Conflicting provisions --
359 Restrictions -- Penalties.
360 (1) (a) Except as otherwise provided in this section, a personal motorized mobility
361 device is subject to the provisions under this chapter for a bicycle, moped, or a motor-driven
362 cycle.
363 (b) For a person operating a personal motorized mobility device, the following
364 provisions do not apply:
365 (i) seating positions under Section 41-6a-1501 ;
366 (ii) required lights, horns, and mirrors under Section 41-6a-1506 ;

367 (iii) entitlement to full use of a lane under Subsection 41-6a-1502 (1); and
368 (iv) driver licensing requirements under Section 53-3-202 .
369 (2) A person under [16] 15 years of age may not operate a personal motorized mobility
370 device using the motor unless the person is under the direct supervision of the person's parent
371 or guardian.
372 (3) A person may not operate a personal motorized mobility device:
373 (a) on a highway consisting of a total of four or more lanes designated for regular
374 vehicular traffic;
375 (b) on a highway with a posted speed limit greater than 35 miles per hour; or
376 (c) that has been structurally or mechanically altered from the original manufacturer's
377 design.
378 (4) An owner may not authorize or knowingly permit a person to operate a personal
379 motorized mobility device in violation of this section.
380 [(4)] (5) A person who violates this section is guilty of a class C misdemeanor.
381 Section 4. Section 41-6a-1117 is enacted to read:
382 41-6a-1117. Mini-motorcycle restrictions -- Exceptions.
383 (1) A person may not operate a mini-motorcycle on any public property, highway, path,
384 or sidewalk unless:
385 (a) the mini-motorcycle is registered for highway use in accordance with Title 41,
386 Chapter 1a, Motor Vehicle Act; and
387 (b) the operator is licensed to operate a motorcycle in accordance with Title 53,
388 Chapter 3, Uniform Driver License Act.
389 (2) An owner may not authorize or knowingly permit a person to operate a
390 mini-motorcycle in violation of this section.
391 (3) A person who violates this section is guilty of a class C misdemeanor.