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This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 17, 2005 at 4:52 PM by rday. --> This document includes House Floor Amendments incorporated into the bill on Tue, Jan 25, 2005 at 11:47 AM by ddonat. --> 1
7 LONG TITLE
8 General Description:
9 This bill recodifies the Traffic Code.
10 Highlighted Provisions:
11 This bill:
12 . updates statutory language to conform to current legislative styles;
13 . renumbers sections and organizes parts; and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
17 Other Special Clauses:
18 This bill provides an immediate effective date.
19 Utah Code Sections Affected:
21 7-24-102, as enacted by Chapter 236, Laws of Utah 2003
22 13-20-2, as last amended by Chapter 12, Laws of Utah 2004
23 13-35-102, as last amended by Chapter 123, Laws of Utah 2004
24 17-43-201, as last amended by Chapters 80 and 228, Laws of Utah 2004
25 19-2-105, as renumbered and amended by Chapter 112, Laws of Utah 1991
26 19-2-105.3, as last amended by Chapter 28, Laws of Utah 1995
27 23-13-17, as enacted by Chapter 307, Laws of Utah 1993
29 32A-1-115, as last amended by Chapter 307, Laws of Utah 2003
30 39-6-93, as enacted by Chapter 210, Laws of Utah 1988
31 41-1a-202, as last amended by Chapter 158, Laws of Utah 2003
32 41-1a-203, as last amended by Chapter 238, Laws of Utah 1998
33 41-1a-205, as last amended by Chapter 100, Laws of Utah 2002
34 41-1a-217, as last amended by Chapter 95, Laws of Utah 2004
35 41-1a-407, as last amended by Chapter 58, Laws of Utah 2003
36 41-1a-1101, as last amended by Chapter 202, Laws of Utah 2001
37 41-1a-1206, as last amended by Chapter 244, Laws of Utah 2000
38 41-3-303, as last amended by Chapter 234, Laws of Utah 1993
39 41-12a-202, as last amended by Chapter 335, Laws of Utah 2000
40 41-12a-301, as last amended by Chapter 165, Laws of Utah 2002
41 41-12a-501, as last amended by Chapter 282, Laws of Utah 1998
42 41-12a-502, as last amended by Chapter 20, Laws of Utah 1995
43 41-22-2, as last amended by Chapter 148, Laws of Utah 2002
44 41-22-10.2, as last amended by Chapter 138, Laws of Utah 1987
45 41-22-10.6, as enacted by Chapter 162, Laws of Utah 1987
46 41-22-16, as last amended by Chapter 282, Laws of Utah 1998
47 41-22-32, as last amended by Chapter 349, Laws of Utah 2004
48 53-1-106, as last amended by Chapter 131, Laws of Utah 2003
49 53-1-108, as last amended by Chapter 219, Laws of Utah 2002
50 53-1-109, as last amended by Chapters 282 and 285, Laws of Utah 1998
51 53-3-104, as last amended by Chapter 85, Laws of Utah 2001
52 53-3-105, as last amended by Chapter 85, Laws of Utah 2001
53 53-3-106, as last amended by Chapter 202, Laws of Utah 2001
54 53-3-202, as last amended by Chapter 51, Laws of Utah 1997
55 53-3-214, as renumbered and amended by Chapter 234, Laws of Utah 1993
56 53-3-218, as last amended by Chapters 131 and 156, Laws of Utah 2003
57 53-3-220, as last amended by Chapters 161 and 205, Laws of Utah 2004
58 53-3-222, as last amended by Chapter 155, Laws of Utah 1995
60 53-3-223.5, as enacted by Chapter 298, Laws of Utah 2000
61 53-3-226, as last amended by Chapter 216, Laws of Utah 1999
62 53-3-227, as last amended by Chapter 205, Laws of Utah 2004
63 53-3-231, as last amended by Chapter 161, Laws of Utah 2004
64 53-3-232, as last amended by Chapter 161, Laws of Utah 2004
65 53-3-414, as last amended by Chapter 39, Laws of Utah 2001
66 53-3-418, as last amended by Chapter 161, Laws of Utah 2004
67 53-8-105, as last amended by Chapter 245, Laws of Utah 1995
68 53-8-202, as last amended by Chapter 242, Laws of Utah 1996
69 53-8-213, as last amended by Chapter 131, Laws of Utah 2003
70 53A-3-402, as last amended by Chapter 315, Laws of Utah 2003
71 53B-3-106, as enacted by Chapter 167, Laws of Utah 1987
72 58-20a-305, as last amended by Chapter 82, Laws of Utah 1997
73 58-67-305, as last amended by Chapter 85, Laws of Utah 2000
74 58-68-305, as last amended by Chapter 85, Laws of Utah 2000
75 58-71-305, as enacted by Chapter 282, Laws of Utah 1996
76 62A-15-105, as last amended by Chapter 228, Laws of Utah 2004
77 62A-15-502, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
78 Special Session
79 63-2-304, as last amended by Chapters 223, 299 and 358, Laws of Utah 2004
80 63-30d-301, as enacted by Chapter 267, Laws of Utah 2004
81 63-55-241, as last amended by Chapter 90, Laws of Utah 2004
82 63-63a-1, as last amended by Chapter 156, Laws of Utah 2003
83 72-6-109, as last amended by Chapter 259, Laws of Utah 2003
84 72-6-114, as renumbered and amended by Chapter 270, Laws of Utah 1998
85 72-7-107, as enacted by Chapter 88, Laws of Utah 1998
86 72-7-401, as last amended by Chapter 154, Laws of Utah 2002
87 72-7-403, as renumbered and amended by Chapter 270, Laws of Utah 1998
88 72-7-407, as renumbered and amended by Chapter 270, Laws of Utah 1998
89 72-9-501, as last amended by Chapter 185, Laws of Utah 2002
91 72-9-602, as last amended by Chapter 202, Laws of Utah 2001
92 72-9-603, as last amended by Chapter 222, Laws of Utah 2003
93 72-10-501, as last amended by Chapter 106, Laws of Utah 2002
94 72-10-502, as last amended by Chapter 205, Laws of Utah 2004
95 72-12-110, as renumbered and amended by Chapter 270, Laws of Utah 1998
96 73-18-13, as last amended by Chapter 335, Laws of Utah 2000
97 73-18-15.5, as enacted by Chapter 200, Laws of Utah 2002
98 73-18-20, as last amended by Chapter 282, Laws of Utah 1998
99 73-18-20.1, as last amended by Chapter 202, Laws of Utah 2001
100 73-18a-15, as last amended by Chapter 99, Laws of Utah 1987
101 76-2-101, as last amended by Chapters 90 and 98, Laws of Utah 1983
102 76-5-207, as last amended by Chapter 228, Laws of Utah 2004
103 76-10-504, as last amended by Chapter 303, Laws of Utah 2000
104 76-10-528, as last amended by Chapter 205, Laws of Utah 2004
105 76-10-1506, as last amended by Chapter 268, Laws of Utah 2004
106 77-2-4.2, as enacted by Chapter 203, Laws of Utah 2004
107 77-2a-3.1, as enacted by Chapter 228, Laws of Utah 2004
108 77-7-18, as last amended by Chapter 270, Laws of Utah 1998
109 77-18-12, as last amended by Chapter 228, Laws of Utah 2004
110 78-3a-104, as last amended by Chapter 201, Laws of Utah 2004
111 78-18-1, as last amended by Chapter 164, Laws of Utah 2004
112 78-57-102, as last amended by Chapter 218, Laws of Utah 2004
114 41-6a-501, Utah Code Annotated 1953
115 41-6a-503, Utah Code Annotated 1953
116 41-6a-504, Utah Code Annotated 1953
117 41-6a-505, Utah Code Annotated 1953
118 41-6a-506, Utah Code Annotated 1953
119 41-6a-507, Utah Code Annotated 1953
120 41-6a-508, Utah Code Annotated 1953
122 41-6a-512, Utah Code Annotated 1953
123 41-6a-521, Utah Code Annotated 1953
124 41-6a-522, Utah Code Annotated 1953
125 41-6a-523, Utah Code Annotated 1953
126 41-6a-524, Utah Code Annotated 1953
127 41-6a-1116, Utah Code Annotated 1953
128 RENUMBERS AND AMENDS:
129 41-6a-101, (Renumbered from 41-6-175, Utah Code Annotated 1953)
130 41-6a-102, (Renumbered from 41-6-1, as last amended by Chapters 34 and 165, Laws
131 of Utah 2002)
132 41-6a-201, (Renumbered from 41-6-11, as last amended by Chapter 138, Laws of Utah
134 41-6a-202, (Renumbered from 41-6-12, as last amended by Chapter 60, Laws of Utah
136 41-6a-203, (Renumbered from 41-6-164.5, as enacted by Chapter 242, Laws of Utah
138 41-6a-204, (Renumbered from 41-6-165, Utah Code Annotated 1953)
139 41-6a-205, (Renumbered from 41-6-165.5, as enacted by Chapter 242, Laws of Utah
141 41-6a-206, (Renumbered from 41-6-175.5, as enacted by Chapter 207, Laws of Utah
143 41-6a-207, (Renumbered from 41-6-16, as last amended by Chapter 138, Laws of Utah
145 41-6a-208, (Renumbered from 41-6-17, as last amended by Chapter 85, Laws of Utah
147 41-6a-209, (Renumbered from 41-6-13, as last amended by Chapter 317, Laws of Utah
149 41-6a-210, (Renumbered from 41-6-13.5, as last amended by Chapter 134, Laws of
150 Utah 2003)
151 41-6a-211, (Renumbered from 41-6-13.7, as last amended by Chapter 185, Laws of
153 41-6a-212, (Renumbered from 41-6-14, as last amended by Chapter 168, Laws of Utah
155 41-6a-213, (Renumbered from 41-6-15, as last amended by Chapter 138, Laws of Utah
157 41-6a-214, (Renumbered from 41-6-17.5, as last amended by Chapter 350, Laws of
158 Utah 1999)
159 41-6a-215, (Renumbered from 41-6-18, as last amended by Chapter 33, Laws of Utah
161 41-6a-216, (Renumbered from 41-6-19, as last amended by Chapter 138, Laws of Utah
163 41-6a-217, (Renumbered from 41-6-19.5, as last amended by Chapter 98, Laws of Utah
165 41-6a-301, (Renumbered from 41-6-20, as last amended by Chapter 174, Laws of Utah
167 41-6a-302, (Renumbered from 41-6-21, as last amended by Chapter 138, Laws of Utah
169 41-6a-303, (Renumbered from 41-6-20.1, as last amended by Chapters 66 and 120,
170 Laws of Utah 1994)
171 41-6a-304, (Renumbered from 41-6-23, as last amended by Chapter 138, Laws of Utah
173 41-6a-305, (Renumbered from 41-6-24, as last amended by Chapter 174, Laws of Utah
175 41-6a-306, (Renumbered from 41-6-25, as last amended by Chapter 174, Laws of Utah
177 41-6a-307, (Renumbered from 41-6-26, as last amended by Chapter 138, Laws of Utah
179 41-6a-308, (Renumbered from 41-6-26.5, as last amended by Chapter 138, Laws of
180 Utah 1987)
181 41-6a-309, (Renumbered from 41-6-27, as last amended by Chapter 138, Laws of Utah
185 41-6a-311, (Renumbered from 41-6-28, as last amended by Chapter 57, Laws of Utah
187 41-6a-401, (Renumbered from 41-6-31, as last amended by Chapter 85, Laws of Utah
189 41-6a-402, (Renumbered from 41-6-35, as last amended by Chapter 85, Laws of Utah
191 41-6a-403, (Renumbered from 41-6-35.5, as last amended by Chapter 85, Laws of Utah
193 41-6a-404, (Renumbered from 41-6-40, as last amended by Chapters 19 and 244, Laws
194 of Utah 2003)
195 41-6a-405, (Renumbered from 41-6-39, as last amended by Chapter 85, Laws of Utah
197 41-6a-406, (Renumbered from 41-6-41, as last amended by Chapter 138, Laws of Utah
199 41-6a-407, (Renumbered from 41-6-38, as last amended by Chapter 138, Laws of Utah
201 41-6a-408, (Renumbered from 41-6-38.5, as last amended by Chapter 138, Laws of
202 Utah 1987)
203 41-6a-502, (Renumbered from 41-6-44, as last amended by Chapters 161, 205 and 228,
204 Laws of Utah 2004)
205 41-6a-510, (Renumbered from 41-6-43, as last amended by Chapter 138, Laws of Utah
207 41-6a-511, (Renumbered from 41-6-43.7, as last amended by Chapter 3, Laws of Utah
208 2002, Fifth Special Session)
209 41-6a-513, (Renumbered from 41-6-43.8, as last amended by Chapter 228, Laws of
210 Utah 2004)
211 41-6a-514, (Renumbered from 41-6-44.1, as enacted by Chapter 161, Laws of Utah
213 41-6a-515, (Renumbered from 41-6-44.3, as last amended by Chapter 205, Laws of
215 41-6a-516, (Renumbered from 41-6-44.5, as last amended by Chapter 106, Laws of
216 Utah 2002)
217 41-6a-517, (Renumbered from 41-6-44.6, as last amended by Chapter 8, Laws of Utah
219 41-6a-518, (Renumbered from 41-6-44.7, as last amended by Chapters 50 and 289,
220 Laws of Utah 2001)
221 41-6a-519, (Renumbered from 41-6-44.8, as last amended by Chapters 47 and 71, Laws
222 of Utah 1996)
223 41-6a-520, (Renumbered from 41-6-44.10, as last amended by Chapters 161 and 205,
224 Laws of Utah 2004)
225 41-6a-525, (Renumbered from 41-6-44.12, as last amended by Chapter 205, Laws of
226 Utah 2004)
227 41-6a-526, (Renumbered from 41-6-44.20, as last amended by Chapter 268, Laws of
228 Utah 2004)
229 41-6a-527, (Renumbered from 41-6-44.30, as last amended by Chapter 200, Laws of
230 Utah 2002)
231 41-6a-528, (Renumbered from 41-6-45, as last amended by Chapter 25, Laws of Utah
233 41-6a-601, (Renumbered from 41-6-46, as last amended by Chapter 49, Laws of Utah
235 41-6a-602, (Renumbered from 41-6-47, as last amended by Chapter 49, Laws of Utah
237 41-6a-603, (Renumbered from 41-6-48, as last amended by Chapter 270, Laws of Utah
239 41-6a-604, (Renumbered from 41-6-48.5, as last amended by Chapter 94, Laws of Utah
241 41-6a-605, (Renumbered from 41-6-49, as last amended by Chapter 138, Laws of Utah
243 41-6a-606, (Renumbered from 41-6-51, as last amended by Chapter 138, Laws of Utah
247 41-6a-608, (Renumbered from 41-6-52.5, as last amended by Chapter 343, Laws of
248 Utah 1996)
249 41-6a-609, (Renumbered from 41-6-52.7, as enacted by Chapter 223, Laws of Utah
251 41-6a-701, (Renumbered from 41-6-53, as last amended by Chapter 138, Laws of Utah
253 41-6a-702, (Renumbered from 41-6-53.5, as last amended by Chapter 74, Laws of Utah
255 41-6a-703, (Renumbered from 41-6-54, as last amended by Chapter 138, Laws of Utah
257 41-6a-704, (Renumbered from 41-6-55, as last amended by Chapter 74, Laws of Utah
259 41-6a-705, (Renumbered from 41-6-56, as last amended by Chapter 138, Laws of Utah
261 41-6a-706, (Renumbered from 41-6-57, as last amended by Chapter 138, Laws of Utah
263 41-6a-707, (Renumbered from 41-6-58, as last amended by Chapter 138, Laws of Utah
265 41-6a-708, (Renumbered from 41-6-59, as last amended by Chapter 138, Laws of Utah
267 41-6a-709, (Renumbered from 41-6-60, as last amended by Chapter 138, Laws of Utah
269 41-6a-710, (Renumbered from 41-6-61, as last amended by Chapter 174, Laws of Utah
271 41-6a-711, (Renumbered from 41-6-62, as last amended by Chapter 16, Laws of Utah
273 41-6a-712, (Renumbered from 41-6-63.10, as last amended by Chapters 135 and 138,
274 Laws of Utah 1987)
275 41-6a-713, (Renumbered from 41-6-63.30, as last amended by Chapter 174, Laws of
277 41-6a-714, (Renumbered from 41-6-64, as last amended by Chapter 138, Laws of Utah
279 41-6a-715, (Renumbered from 41-6-65, as last amended by Chapter 138, Laws of Utah
281 41-6a-801, (Renumbered from 41-6-66, as last amended by Chapter 174, Laws of Utah
283 41-6a-802, (Renumbered from 41-6-67, as last amended by Chapter 174, Laws of Utah
285 41-6a-803, (Renumbered from 41-6-68, as last amended by Chapter 138, Laws of Utah
287 41-6a-804, (Renumbered from 41-6-69, as last amended by Chapter 138, Laws of Utah
289 41-6a-901, (Renumbered from 41-6-72, as last amended by Chapter 31, Laws of Utah
291 41-6a-902, (Renumbered from 41-6-72.10, as last amended by Chapter 138, Laws of
292 Utah 1987)
293 41-6a-903, (Renumbered from 41-6-73, as last amended by Chapter 138, Laws of Utah
295 41-6a-904, (Renumbered from 41-6-76, as last amended by Chapter 45, Laws of Utah
297 41-6a-905, (Renumbered from 41-6-76.10, as last amended by Chapter 138, Laws of
298 Utah 1987)
299 41-6a-906, (Renumbered from 41-6-99, as enacted by Chapter 242, Laws of Utah 1979)
300 41-6a-1001, (Renumbered from 41-6-77, as last amended by Chapter 138, Laws of
301 Utah 1987)
302 41-6a-1002, (Renumbered from 41-6-78, as last amended by Chapter 91, Laws of Utah
304 41-6a-1003, (Renumbered from 41-6-79, as last amended by Chapter 138, Laws of
305 Utah 1987)
306 41-6a-1004, (Renumbered from 41-6-79.10, as last amended by Chapter 138, Laws of
308 41-6a-1005, (Renumbered from 41-6-79.20, as last amended by Chapter 138, Laws of
309 Utah 1987)
310 41-6a-1006, (Renumbered from 41-6-80, as last amended by Chapter 138, Laws of
311 Utah 1987)
312 41-6a-1007, (Renumbered from 41-6-80.1, as last amended by Chapter 138, Laws of
313 Utah 1987)
314 41-6a-1008, (Renumbered from 41-6-80.5, as last amended by Chapter 138, Laws of
315 Utah 1987)
316 41-6a-1009, (Renumbered from 41-6-82, as last amended by Chapter 138, Laws of
317 Utah 1987)
318 41-6a-1010, (Renumbered from 41-6-82.10, as last amended by Chapter 138, Laws of
319 Utah 1987)
320 41-6a-1011, (Renumbered from 41-6-82.50, as enacted by Chapter 98, Laws of Utah
322 41-6a-1101, (Renumbered from 41-6-83, as last amended by Chapter 138, Laws of
323 Utah 1987)
324 41-6a-1102, (Renumbered from 41-6-84, as last amended by Chapter 59, Laws of Utah
326 41-6a-1103, (Renumbered from 41-6-85, as last amended by Chapter 138, Laws of
327 Utah 1987)
328 41-6a-1104, (Renumbered from 41-6-86, as last amended by Chapter 138, Laws of
329 Utah 1987)
330 41-6a-1105, (Renumbered from 41-6-87, as last amended by Chapter 44, Laws of Utah
332 41-6a-1106, (Renumbered from 41-6-87.3, as last amended by Chapter 44, Laws of
333 Utah 2001)
334 41-6a-1107, (Renumbered from 41-6-87.4, as last amended by Chapter 138, Laws of
335 Utah 1987)
336 41-6a-1108, (Renumbered from 41-6-87.5, as last amended by Chapter 138, Laws of
337 Utah 1987)
339 Utah 2001)
340 41-6a-1110, (Renumbered from 41-6-87.8, as last amended by Chapter 138, Laws of
341 Utah 1987)
342 41-6a-1111, (Renumbered from 41-6-87.9, as last amended by Chapter 138, Laws of
343 Utah 1987)
344 41-6a-1112, (Renumbered from 41-6-88, as last amended by Chapter 138, Laws of
345 Utah 1987)
346 41-6a-1113, (Renumbered from 41-6-89, as last amended by Chapter 138, Laws of
347 Utah 1987)
348 41-6a-1114, (Renumbered from 41-6-90, as last amended by Chapter 44, Laws of Utah
350 41-6a-1115, (Renumbered from 41-6-90.5, as last amended by Chapter 165, Laws of
351 Utah 2002)
352 41-6a-1201, (Renumbered from 41-6-93, Utah Code Annotated 1953)
353 41-6a-1202, (Renumbered from 41-6-94, Utah Code Annotated 1953)
354 41-6a-1203, (Renumbered from 41-6-95, as last amended by Chapter 37, Laws of Utah
356 41-6a-1204, (Renumbered from 41-6-95.5, as enacted by Chapter 33, Laws of Utah
358 41-6a-1205, (Renumbered from 41-6-97, as last amended by Chapter 39, Laws of Utah
360 41-6a-1206, (Renumbered from 41-6-98, as last amended by Chapter 39, Laws of Utah
362 41-6a-1301, (Renumbered from 41-6-140.10, as enacted by Chapter 242, Laws of Utah
364 41-6a-1302, (Renumbered from 41-6-100.10, as last amended by Chapter 29, Laws of
365 Utah 2000)
366 41-6a-1303, (Renumbered from 41-6-100.15, as last amended by Chapter 85, Laws of
367 Utah 2001)
368 41-6a-1304, (Renumbered from 41-6-115, as enacted by Chapter 242, Laws of Utah
370 41-6a-1305, (Renumbered from 41-6-116, as last amended by Chapter 242, Laws of
371 Utah 1979)
372 41-6a-1306, (Renumbered from 41-6-116.1, as enacted by Chapter 334, Laws of Utah
374 41-6a-1307, (Renumbered from 41-6-103.5, as last amended by Chapter 41, Laws of
375 Utah 2003)
376 41-6a-1401, (Renumbered from 41-6-103, as last amended by Chapters 235 and 282,
377 Laws of Utah 1998)
378 41-6a-1402, (Renumbered from 41-6-104, as last amended by Chapter 33, Laws of
379 Utah 1978)
380 41-6a-1403, (Renumbered from 41-6-105, as last amended by Chapter 112, Laws of
381 Utah 1969)
382 41-6a-1404, (Renumbered from 41-6-101, as last amended by Chapter 33, Laws of
383 Utah 1978)
384 41-6a-1405, (Renumbered from 41-6-102, as last amended by Chapter 202, Laws of
385 Utah 2001)
386 41-6a-1406, (Renumbered from 41-6-102.5, as last amended by Chapter 91, Laws of
387 Utah 2003)
388 41-6a-1407, (Renumbered from 41-6-102.7, as enacted by Chapter 202, Laws of Utah
390 41-6a-1408, (Renumbered from 41-6-116.10, as last amended by Chapters 85 and 202,
391 Laws of Utah 2001)
392 41-6a-1501, (Renumbered from 41-6-107, as last amended by Chapter 113, Laws of
393 Utah 1969)
394 41-6a-1502, (Renumbered from 41-6-107.2, as last amended by Chapter 162, Laws of
395 Utah 1987)
396 41-6a-1503, (Renumbered from 41-6-107.4, as enacted by Chapter 113, Laws of Utah
398 41-6a-1504, (Renumbered from 41-6-107.6, as enacted by Chapter 113, Laws of Utah
401 Utah 2002)
402 41-6a-1506, (Renumbered from 41-6-154.50, as enacted by Chapter 242, Laws of Utah
404 41-6a-1507, (Renumbered from 41-6-155.5, as enacted by Chapter 73, Laws of Utah
406 41-6a-1508, (Renumbered from 41-6-117.6, as enacted by Chapter 34, Laws of Utah
408 41-6a-1601, (Renumbered from 41-6-117, as last amended by Chapter 162, Laws of
409 Utah 1987)
410 41-6a-1602, (Renumbered from 41-6-117.5, as last amended by Chapter 282, Laws of
411 Utah 1998)
412 41-6a-1603, (Renumbered from 41-6-118, as last amended by Chapter 242, Laws of
413 Utah 1979)
414 41-6a-1604, (Renumbered from 41-6-119, as last amended by Chapter 242, Laws of
415 Utah 1979)
416 41-6a-1605, (Renumbered from 41-6-127, as enacted by Chapter 242, Laws of Utah
418 41-6a-1606, (Renumbered from 41-6-128, as enacted by Chapter 242, Laws of Utah
420 41-6a-1607, (Renumbered from 41-6-129, as enacted by Chapter 242, Laws of Utah
422 41-6a-1608, (Renumbered from 41-6-130, as enacted by Chapter 242, Laws of Utah
424 41-6a-1609, (Renumbered from 41-6-130.5, as enacted by Chapter 242, Laws of Utah
426 41-6a-1610, (Renumbered from 41-6-131, as enacted by Chapter 242, Laws of Utah
428 41-6a-1611, (Renumbered from 41-6-133, as enacted by Chapter 242, Laws of Utah
430 41-6a-1612, (Renumbered from 41-6-133.5, as enacted by Chapter 242, Laws of Utah
432 41-6a-1613, (Renumbered from 41-6-135, as last amended by Chapter 50, Laws of
433 Utah 1991)
434 41-6a-1614, (Renumbered from 41-6-135.5, as enacted by Chapter 242, Laws of Utah
436 41-6a-1615, (Renumbered from 41-6-138, as enacted by Chapter 242, Laws of Utah
438 41-6a-1616, (Renumbered from 41-6-140, as last amended by Chapter 44, Laws of
439 Utah 2001)
440 41-6a-1617, (Renumbered from 41-6-140.20, as enacted by Chapter 242, Laws of Utah
442 41-6a-1618, (Renumbered from 41-6-141, as enacted by Chapter 242, Laws of Utah
444 41-6a-1619, (Renumbered from 41-6-141.5, as enacted by Chapter 242, Laws of Utah
446 41-6a-1620, (Renumbered from 41-6-143, as enacted by Chapter 242, Laws of Utah
448 41-6a-1621, (Renumbered from 41-6-143.5, as enacted by Chapter 242, Laws of Utah
450 41-6a-1622, (Renumbered from 41-6-144, as enacted by Chapter 242, Laws of Utah
452 41-6a-1623, (Renumbered from 41-6-145, as enacted by Chapter 242, Laws of Utah
454 41-6a-1624, (Renumbered from 41-6-145.5, as last amended by Chapter 362, Laws of
455 Utah 2004)
456 41-6a-1625, (Renumbered from 41-6-146, as enacted by Chapter 242, Laws of Utah
458 41-6a-1626, (Renumbered from 41-6-147, as last amended by Chapter 94, Laws of
459 Utah 1992)
460 41-6a-1627, (Renumbered from 41-6-148, as enacted by Chapter 242, Laws of Utah
464 41-6a-1629, (Renumbered from 41-6-148.29, as last amended by Chapter 47, Laws of
465 Utah 2001)
466 41-6a-1630, (Renumbered from 41-6-148.31, as last amended by Chapter 47, Laws of
467 Utah 2001)
468 41-6a-1631, (Renumbered from 41-6-148.32, as last amended by Chapter 47, Laws of
469 Utah 2001)
470 41-6a-1632, (Renumbered from 41-6-148.33, as last amended by Chapter 47, Laws of
471 Utah 2001)
472 41-6a-1633, (Renumbered from 41-6-150.10, as last amended by Chapter 47, Laws of
473 Utah 2001)
474 41-6a-1634, (Renumbered from 41-6-148.40, as enacted by Chapter 86, Laws of Utah
476 41-6a-1635, (Renumbered from 41-6-149, as last amended by Chapter 25, Laws of
477 Utah 2002)
478 41-6a-1636, (Renumbered from 41-6-150, as last amended by Chapter 270, Laws of
479 Utah 1981)
480 41-6a-1637, (Renumbered from 41-6-152, as enacted by Chapter 242, Laws of Utah
482 41-6a-1638, (Renumbered from 41-6-153, as last amended by Chapter 282, Laws of
483 Utah 1998)
484 41-6a-1639, (Renumbered from 41-6-154, as enacted by Chapter 242, Laws of Utah
486 41-6a-1640, (Renumbered from 41-6-154.10, as enacted by Chapter 71, Laws of Utah
488 41-6a-1641, (Renumbered from 41-6-154.20, as last amended by Chapter 140, Laws of
489 Utah 1995)
490 41-6a-1642, (Renumbered from 41-6-163.6, as last amended by Chapter 143, Laws of
491 Utah 2002)
492 41-6a-1643, (Renumbered from 41-6-163.7, as last amended by Chapter 37, Laws of
494 41-6a-1644, (Renumbered from 41-6-163.8, as last amended by Chapter 20, Laws of
495 Utah 1995)
496 41-6a-1701, (Renumbered from 41-6-106, as last amended by Chapter 207, Laws of
497 Utah 1975)
498 41-6a-1702, (Renumbered from 41-6-106.10, as last amended by Chapter 44, Laws of
499 Utah 2001)
500 41-6a-1703, (Renumbered from 41-6-108, Utah Code Annotated 1953)
501 41-6a-1704, (Renumbered from 41-6-108.10, as enacted by Chapter 207, Laws of Utah
503 41-6a-1705, (Renumbered from 41-6-109, as last amended by Chapter 33, Laws of
504 Utah 1978)
505 41-6a-1706, (Renumbered from 41-6-109.5, as last amended by Chapter 53, Laws of
506 Utah 1996)
507 41-6a-1707, (Renumbered from 41-6-109.10, as enacted by Chapter 207, Laws of Utah
509 41-6a-1708, (Renumbered from 41-6-110, as last amended by Chapter 207, Laws of
510 Utah 1975)
511 41-6a-1709, (Renumbered from 41-6-111, as last amended by Chapter 207, Laws of
512 Utah 1975)
513 41-6a-1710, (Renumbered from 41-6-112, as last amended by Chapter 207, Laws of
514 Utah 1975)
515 41-6a-1711, (Renumbered from 41-6-113, as last amended by Chapter 33, Laws of
516 Utah 1978)
517 41-6a-1712, (Renumbered from 41-6-114, as last amended by Chapters 270 and 282,
518 Laws of Utah 1998)
519 41-6a-1713, (Renumbered from 41-6-114.1, as last amended by Chapters 33 and 241,
520 Laws of Utah 1991)
521 41-6a-1714, (Renumbered from 41-6-114.2, as last amended by Chapter 242, Laws of
522 Utah 1979)
523 41-6a-1801, (Renumbered from 41-6-181, as last amended by Chapter 5, Laws of Utah
525 41-6a-1802, (Renumbered from 41-6-181.5, as enacted by Chapter 153, Laws of Utah
527 41-6a-1803, (Renumbered from 41-6-182, as repealed and reenacted by Chapter 153,
528 Laws of Utah 2000)
529 41-6a-1804, (Renumbered from 41-6-183, as last amended by Chapter 153, Laws of
530 Utah 2000)
531 41-6a-1805, (Renumbered from 41-6-185, as last amended by Chapter 109, Laws of
532 Utah 2002)
533 41-6a-1806, (Renumbered from 41-6-186, as last amended by Chapter 153, Laws of
534 Utah 2000)
535 77-7-24, (Renumbered from 41-6-167, as last amended by Chapter 282, Laws of Utah
537 77-7-25, (Renumbered from 41-6-173, as last amended by Chapter 161, Laws of Utah
539 77-7-26, (Renumbered from 41-6-172, as last amended by Chapter 282, Laws of Utah
542 41-6-22, as last amended by Chapter 174, Laws of Utah 2004
543 41-6-29, as last amended by Chapter 44, Laws of Utah 1999
544 41-6-30, as last amended by Chapter 44, Laws of Utah 1999
545 41-6-32, as last amended by Chapter 44, Laws of Utah 1999
546 41-6-37, as last amended by Chapter 85, Laws of Utah 2001
547 41-6-42, as last amended by Chapter 85, Laws of Utah 2001
548 41-6-43.5, as last amended by Chapter 200, Laws of Utah 2002
549 41-6-50, as last amended by Chapter 138, Laws of Utah 1987
550 41-6-70, as last amended by Chapter 138, Laws of Utah 1987
551 41-6-71, as last amended by Chapter 44, Laws of Utah 2001
552 41-6-75, as last amended by Chapter 138, Laws of Utah 1987
553 41-6-75.5, as last amended by Chapter 16, Laws of Utah 2000
554 41-6-120, as enacted by Chapter 242, Laws of Utah 1979
556 41-6-122, as enacted by Chapter 242, Laws of Utah 1979
557 41-6-132, as enacted by Chapter 242, Laws of Utah 1979
558 41-6-139, as last amended by Chapter 242, Laws of Utah 1979
559 41-6-142, as enacted by Chapter 242, Laws of Utah 1979
560 41-6-155, as last amended by Chapters 30 and 111, Laws of Utah 1992
561 41-6-166, as last amended by Chapter 30, Laws of Utah 1992
562 41-6-168, as last amended by Chapters 183 and 187, Laws of Utah 1983
563 41-6-169, as last amended by Chapter 282, Laws of Utah 1998
564 41-6-170, Utah Code Annotated 1953
565 41-6-171, Utah Code Annotated 1953
567 Be it enacted by the Legislature of the state of Utah:
568 Section 1. Section 7-24-102 is amended to read:
569 7-24-102. Definitions.
570 As used in this chapter:
571 (1) "Rollover" means the extension or renewal of the term of a title loan.
572 (2) (a) "Title lender" means a person that extends a title loan.
573 (b) "Title lender" includes a person that:
574 (i) arranges a title loan on behalf of a title lender;
575 (ii) acts as an agent for a title lender; or
576 (iii) assists a title lender in the extension of a title loan.
577 (3) (a) "Title loan" means a loan secured by the title to a:
578 (i) motor vehicle, as defined in Section [
579 (ii) mobile home, as defined in Section [
580 (iii) motorboat, as defined in Section 73-18-2 .
581 (b) "Title loan" includes a title loan extended at the same premise on which any of the
582 following are sold:
583 (i) a motor vehicle, as defined in Section [
584 (ii) a mobile home, as defined in Section [
585 (iii) a motorboat, as defined in Section 73-18-2 .
587 (i) a purchase money loan;
588 (ii) a loan made in connection with the sale of a:
589 (A) motor vehicle, as defined in Section [
590 (B) mobile home, as defined in Section [
591 (C) motorboat, as defined in Section 73-18-2 ; or
592 (iii) a loan extended by an institution listed in Section 7-24-305 .
593 Section 2. Section 13-20-2 is amended to read:
594 13-20-2. Definitions.
595 As used in this chapter:
596 (1) "Consumer" means an individual who has entered into an agreement or contract for
597 the transfer, lease, or purchase of a new motor vehicle other than for purposes of resale, or
598 sublease, during the duration of the period defined under Section 13-20-5 .
599 (2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named
600 as the warrantor on an express written warranty on a motor vehicle.
601 (3) "Motor home" means a self-propelled vehicular unit, primarily designed as a
602 temporary dwelling for travel, recreational, and vacation use.
603 (4) (a) "Motor vehicle" includes:
604 (i) a motor home, as defined in this section, but only the self-propelled vehicle and
605 chassis sold in this state;
606 (ii) a motor vehicle, as defined in Section 41-1a-102 , sold in this state; and
607 (iii) a motorcycle, as defined in Section 41-1a-102 , sold in this state if the motorcycle
608 is designed primarily for use and operation on paved highways.
609 (b) "Motor vehicle" does not include:
610 (i) those portions of a motor home designated, used, or maintained primarily as a
611 mobile dwelling, office, or commercial space;
612 (ii) farm tractor, road tractor, or truck tractor as defined in Section 41-1a-102 ;
613 (iii) mobile home as defined in Section 41-1a-102 ;
614 (iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except a
615 motor home as defined under Subsection (3);
616 (v) a motorcycle, as defined in Section 41-1a-102 , if the motorcycle is designed
618 (vi) an electric assisted bicycle as defined in Section [
619 (vii) a moped as defined in Section [
620 (viii) a motor assisted scooter as defined in Section [
621 (ix) a motor-driven cycle as defined in Section [
622 Section 3. Section 13-35-102 is amended to read:
623 13-35-102. Definitions.
624 As used in this chapter:
625 (1) "Board" means the Utah Powersport Vehicle Franchise Advisory Board created in
626 Section 13-35-103 .
627 (2) "Dealership" means a site or location in this state:
628 (a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
629 (b) that is identified as a new powersport vehicle dealer's principal place of business
630 for registration purposes under Section 13-35-105 .
631 (3) "Department" means the Department of Commerce.
632 (4) "Executive director" means the executive director of the Department of Commerce.
633 (5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
634 indefinite period, in which:
635 (a) a person grants to another person a license to use a trade name, trademark, service
636 mark, or related characteristic; and
637 (b) a community of interest exists in the marketing of new powersport vehicles, new
638 powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at
639 wholesale or retail.
640 (6) "Franchisee" means a person with whom a franchisor has agreed or permitted, in
641 writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,
642 produced, represented, or distributed by the franchisor.
643 (7) (a) "Franchisor" means a person who has, in writing or in practice, agreed with or
644 permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured,
645 produced, represented, or distributed by the franchisor, and includes:
646 (i) the manufacturer or distributor of the new powersport vehicles;
647 (ii) an intermediate distributor;
649 (iv) a person who is affiliated with a manufacturer or a representative or who directly
650 or indirectly through an intermediary is controlled by, or is under common control with the
652 (b) For purposes of Subsection (7)(a)(iv), a person is controlled by a manufacturer if
653 the manufacturer has the authority directly or indirectly by law or by an agreement of the
654 parties, to direct or influence the management and policies of the person.
655 (8) "Lead" means the referral by a franchisor to a franchisee of an actual or potential
656 customer for the purchase or lease of a new powersport vehicle, or for service work related to
657 the franchisor's vehicles.
658 (9) "Line-make" means the powersport vehicles that are offered for sale, lease, or
659 distribution under a common name, trademark, service mark, or brand name of the franchisor,
660 or manufacturer of the powersport vehicle.
661 (10) (a) "Powersport vehicle" means:
662 (i) an all-terrain type I or type II vehicle "ATV" defined in Section 41-22-2 ;
663 (ii) a snowmobile as defined in Section 41-22-2 ;
664 (iii) a motorcycle as defined in Section 41-1a-102 ;
665 (iv) a personal watercraft as defined in Section 73-18-2 ;
666 (v) except as provided in Subsection (10)(b), a motor-driven cycle as defined in
667 Section [
668 (vi) a moped as defined in Section [
669 (b) "Powersport vehicle" does not include:
670 (i) an electric assisted bicycle defined in Section [
671 (ii) a motor assisted scooter as defined in Section [
672 (iii) a personal motorized mobility device as defined in Section [
673 (11) "New powersport vehicle dealer" means a person who is engaged in the business
674 of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or
675 on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place
676 of business for the sale, lease, trade, or display of powersport vehicles.
677 (12) "Notice" or "notify" includes both traditional written communications and all
678 reliable forms of electronic communication unless expressly prohibited by statute or rule.
680 (a) the county in which a powersport dealership is to be established or relocated; and
681 (b) the area within a 15-mile radius from the site of the new or relocated dealership.
682 (14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest
683 in a franchise, with or without consideration, including a bequest, inheritance, gift, exchange,
684 lease, or license.
685 (15) "Serve" or "served," unless expressly indicated otherwise by statute or rule,
686 includes any reliable form of communication.
687 (16) "Written," "write," "in writing," or other variations of those terms shall include all
688 reliable forms of electronic communication.
689 Section 4. Section 17-43-201 is amended to read:
690 17-43-201. Local substance abuse authorities -- Responsibilities.
691 (1) (a) (i) In each county operating under a county executive-council form of
692 government under Section 17-52-504 , the county legislative body is the local substance abuse
693 authority, provided however that any contract for plan services shall be administered by the
694 county executive.
695 (ii) In each county operating under a council-manager form of government under
696 Section 17-52-505 , the county manager is the local substance abuse authority.
697 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
698 county legislative body is the local substance abuse authority.
699 (b) Within legislative appropriations and county matching funds required by this
700 section, and under the policy direction of the board and the administrative direction of the
701 division, each local substance abuse authority shall:
702 (i) develop substance abuse prevention and treatment services plans; and
703 (ii) provide substance abuse services to residents of the county.
704 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
705 Cooperation Act, two or more counties may join to provide substance abuse prevention and
706 treatment services.
707 (b) The legislative bodies of counties joining to provide services may establish
708 acceptable ways of apportioning the cost of substance abuse services.
709 (c) Each agreement for joint substance abuse services shall:
711 the treasurer for the combined substance abuse authorities and as the custodian of moneys
712 available for the joint services; and
713 (B) provide that the designated treasurer, or other disbursing officer authorized by the
714 treasurer, may make payments from the moneys for the joint services upon audit of the
715 appropriate auditing officer or officers representing the participating counties;
716 (ii) provide for the appointment of an independent auditor or a county auditor of one of
717 the participating counties as the designated auditing officer for the combined substance abuse
719 (iii) (A) provide for the appointment of the county or district attorney of one of the
720 participating counties as the designated legal officer for the combined substance abuse
721 authorities; and
722 (B) authorize the designated legal officer to request and receive the assistance of the
723 county or district attorneys of the other participating counties in defending or prosecuting
724 actions within their counties relating to the combined substance abuse authorities; and
725 (iv) provide for the adoption of management, clinical, financial, procurement,
726 personnel, and administrative policies as already established by one of the participating
727 counties or as approved by the legislative body of each participating county or interlocal board.
728 (d) An agreement for joint substance abuse services may provide for joint operation of
729 services and facilities or for operation of services and facilities under contract by one
730 participating local substance abuse authority for other participating local substance abuse
732 (3) (a) Each local substance abuse authority is accountable to the department, the
733 Department of Health, and the state with regard to the use of state and federal funds received
734 from those departments for substance abuse services, regardless of whether the services are
735 provided by a private contract provider.
736 (b) Each local substance abuse authority shall comply, and require compliance by its
737 contract provider, with all directives issued by the department and the Department of Health
738 regarding the use and expenditure of state and federal funds received from those departments
739 for the purpose of providing substance abuse programs and services. The department and
740 Department of Health shall ensure that those directives are not duplicative or conflicting, and
743 (4) Each local substance abuse authority shall:
744 (a) review and evaluate substance abuse prevention and treatment needs and services,
745 including substance abuse needs and services for individuals incarcerated in a county jail or
746 other county correctional facility;
747 (b) annually prepare and submit to the division a plan approved by the county
748 legislative body for funding and service delivery that includes:
749 (i) provisions for services, either directly by the substance abuse authority or by
750 contract, for adults, youth, and children, including those incarcerated in a county jail or other
751 county correctional facility; and
752 (ii) primary prevention, targeted prevention, early intervention, and treatment services;
753 (c) establish and maintain, either directly or by contract, programs licensed under Title
754 62A, Chapter 2, Licensure of Programs and Facilities;
755 (d) appoint directly or by contract a full or part time director for substance abuse
756 programs, and prescribe the director's duties;
757 (e) provide input and comment on new and revised policies established by the board;
758 (f) establish and require contract providers to establish administrative, clinical,
759 procurement, personnel, financial, and management policies regarding substance abuse services
760 and facilities, in accordance with the policies of the board, and state and federal law;
761 (g) establish mechanisms allowing for direct citizen input;
762 (h) annually contract with the division to provide substance abuse programs and
763 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
764 Mental Health Act;
765 (i) comply with all applicable state and federal statutes, policies, audit requirements,
766 contract requirements, and any directives resulting from those audits and contract requirements;
767 (j) promote or establish programs for the prevention of substance abuse within the
768 community setting through community-based prevention programs;
769 (k) provide funding equal to at least 20% of the state funds that it receives to fund
770 services described in the plan;
771 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
773 Act, and Title 51, Chapter [
774 Interlocal Organizations and Other Local Entities Act;
775 (m) for persons convicted of driving under the influence in violation of [
777 defined in Section [
778 (i) a screening;
779 (ii) an assessment;
780 (iii) an educational series; and
781 (iv) substance abuse treatment; and
782 (n) utilize proceeds of the accounts described in Subsection 62A-15-503 (1) to
783 supplement the cost of providing the services described in Subsection (4)(m).
784 (5) Before disbursing any public funds, each local substance abuse authority shall
785 require that each entity that receives any public funds from the local substance abuse authority
786 agrees in writing that:
787 (a) the entity's financial records and other records relevant to the entity's performance
788 of the services provided to the local substance abuse authority shall be subject to examination
790 (i) the division;
791 (ii) the local substance abuse authority director;
792 (iii) (A) the county treasurer and county or district attorney; or
793 (B) if two or more counties jointly provide substance abuse services under an
794 agreement under Subsection (2), the designated treasurer and the designated legal officer;
795 (iv) the county legislative body; and
796 (v) in a county with a county executive that is separate from the county legislative
797 body, the county executive;
798 (b) the county auditor may examine and audit the entity's financial and other records
799 relevant to the entity's performance of the services provided to the local substance abuse
800 authority; and
801 (c) the entity will comply with the provisions of Subsection (3)(b).
802 (6) A local substance abuse authority may receive property, grants, gifts, supplies,
804 those gifts are conditioned upon their use for a specified service or program, they shall be so
806 (7) (a) As used in this section, "public funds" means the same as that term is defined in
807 Section 17-43-203 .
808 (b) Public funds received for the provision of services pursuant to the local substance
809 abuse plan may not be used for any other purpose except those authorized in the contract
810 between the local substance abuse authority and the provider for the provision of plan services.
811 Section 5. Section 19-2-105 is amended to read:
812 19-2-105. Duties of board.
813 The board, in conjunction with the governing body of each county identified in Section
815 inspection and maintenance program developed under Section [
816 including issues relating to:
817 (1) the implementation of a standardized inspection and maintenance program;
818 (2) out-of-state registration of vehicles used in Utah;
819 (3) out-of-county registration of vehicles used within the areas required to have an
820 inspection and maintenance program;
821 (4) use of the farm truck exemption;
822 (5) mechanic training programs;
823 (6) emissions standards; and
824 (7) emissions waivers.
825 Section 6. Section 19-2-105.3 is amended to read:
826 19-2-105.3. Clean fuel requirements for fleets.
827 (1) As used in this section:
828 (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
829 (b) "Clean fuel" means:
830 (i) propane, compressed natural gas, or electricity;
831 (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation
832 Act, determines annually on or before July 1 is at least as effective as fuels under Subsection
833 (1)(b)(i) in reducing air pollution; and
835 (c) "Fleet" means ten or more vehicles:
836 (i) owned or operated by a single entity as defined by board rule; and
837 (ii) capable of being fueled or that are fueled at a central location.
838 (d) "Fleet" does not include motor vehicles that are:
839 (i) held for lease or rental to the general public;
840 (ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
841 (iii) used by motor vehicle manufacturers for product evaluations or tests;
842 (iv) authorized emergency vehicles as defined in Section [
843 (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
844 (vi) special mobile equipment as defined in Section 41-1a-102 ;
845 (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
846 (viii) regularly used by employees to drive to and from work, parked at the employees'
847 personal residences when they are not at their employment, and not practicably fueled at a
848 central location;
849 (ix) owned, operated, or leased by public transit districts; or
850 (x) exempted by board rule.
851 (2) (a) After evaluation of reasonably available pollution control strategies, and as part
852 of the state implementation plan demonstrating attainment of the national ambient air quality
853 standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified
854 geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
855 (i) necessary to demonstrate attainment of the national ambient air quality standards in
856 any area where they are required; and
857 (ii) reasonably cost effective when compared to other similarly beneficial control
858 strategies for demonstrating attainment of the national ambient air quality standards.
859 (b) State implementation plans developed prior to July 1, 1995, may require fleets to
860 use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels
861 is necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
862 standards in any area by an attainment date established by federal law.
863 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
864 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
866 (3) (a) After evaluation of reasonably available pollution control strategies, and as part
867 of a state implementation plan demonstrating only maintenance of the national ambient air
868 quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified
869 geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
870 (i) necessary to demonstrate maintenance of the national ambient air quality standards
871 in any area where they are required; and
872 (ii) reasonably cost effective as compared with other similarly beneficial control
873 strategies for demonstrating maintenance of the national ambient air quality standards.
874 (b) Under Subsection (3)(a) the board may require no more than:
875 (i) 30% of a fleet to use clean fuels before January 1, 1998;
876 (ii) 50% of a fleet to use clean fuels before January 1, 1999; and
877 (iii) 70% of a fleet to use clean fuels before January 1, 2000.
878 (c) The board may not require more than 50% of those trucks in a fleet that are heavy
879 duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
880 26,000 pounds to convert to clean fuels under Subsection (3)(b).
881 (4) Rules the board makes under this section may include:
882 (a) dates by which fleets are required to convert to clean fuels under the provisions of
883 this section;
884 (b) definitions of fleet owners or operators;
885 (c) definitions of vehicles exempted from this section by rule;
886 (d) certification requirements for persons who install clean fuel conversion equipment,
887 including testing and certification standards regarding installers; and
888 (e) certification fees for installers, established under Section 63-38-3.2 .
889 (5) Implementation of this section and rules made under this section are subject to the
890 reasonable availability of clean fuel in the local market as determined by the board.
891 Section 7. Section 23-13-17 is amended to read:
892 23-13-17. Spotlighting of coyote, red fox, striped skunk, and raccoon -- County
893 ordinances - Permits.
894 (1) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon where
895 allowed by a county ordinance enacted pursuant to this section.
897 (a) any artificial light used to spotlight coyote, red fox, striped skunk, or raccoon must
898 be carried by the hunter;
899 (b) a motor vehicle headlight or light attached to or powered by a motor vehicle may
900 not be used to spotlight the animal; and
901 (c) while hunting with the use of an artificial light, the hunter may not occupy or
902 operate any motor vehicle.
903 (3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
904 defined in Section [
905 (4) The ordinance may specify:
906 (a) the time of day and seasons when spotlighting is permitted;
907 (b) areas closed or open to spotlighting within the unincorporated area of the county;
908 (c) safety zones within which spotlighting is prohibited;
909 (d) the weapons permitted; and
910 (e) penalties for violation of the ordinance.
911 (5) (a) A county may restrict the number of hunters engaging in spotlighting by
912 requiring a permit to spotlight and issuing a limited number of permits.
913 (b) (i) A fee may be charged for a spotlighting permit.
914 (ii) Any permit fee shall be established by the county ordinance.
915 (iii) Revenues generated by the permit fee shall be remitted to the Division of Wildlife
916 Resources for deposit into the Wildlife Resources Account, except the Wildlife Board may
917 allow any county that enacts an ordinance pursuant to this section to retain a reasonable amount
918 to pay for the costs of administering and enforcing the ordinance, provided this use of the
919 permit revenues does not affect federal funds received by the state under 16 U.S.C. Sec. 669 et
920 seq., Wildlife Restoration Act and 16 U.S.C. Sec. 777 et seq., Sport Fish Restoration Act.
921 (6) A county may require hunters to notify the county sheriff of the time and place they
922 will be engaged in spotlighting.
923 (7) The requirement that a county ordinance must be enacted before a person may use
924 spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
925 (a) a person or his agent who is lawfully acting to protect his crops or domestic animals
926 from predation by those animals; or
928 of agreement with the division.
929 Section 8. Section 26-1-30 is amended to read:
930 26-1-30. Powers and duties of department.
931 (1) The department shall:
932 (a) enter into cooperative agreements with the Department of Environmental Quality to
933 delineate specific responsibilities to assure that assessment and management of risk to human
934 health from the environment are properly administered; and
935 (b) consult with the Department of Environmental Quality and enter into cooperative
936 agreements, as needed, to ensure efficient use of resources and effective response to potential
937 health and safety threats from the environment, and to prevent gaps in protection from potential
938 risks from the environment to specific individuals or population groups.
939 (2) In addition to all other powers and duties of the department, it shall have and
940 exercise the following powers and duties:
941 (a) promote and protect the health and wellness of the people within the state;
942 (b) establish, maintain, and enforce rules necessary or desirable to carry out the
943 provisions and purposes of this title to promote and protect the public health or to prevent
944 disease and illness;
945 (c) investigate and control the causes of epidemic, infectious, communicable, and other
946 diseases affecting the public health;
947 (d) provide for the detection, reporting, prevention, and control of communicable,
948 infectious, acute, chronic, or any other disease or health hazard that the department considers to
949 be dangerous, important, or likely to affect the public health;
950 (e) collect and report information on causes of injury, sickness, death, and disability
951 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
952 the state;
953 (f) collect, prepare, publish, and disseminate information to inform the public
954 concerning the health and wellness of the population, specific hazards, and risks that may affect
955 the health and wellness of the population and specific activities which may promote and protect
956 the health and wellness of the population;
957 (g) establish and operate programs necessary or desirable for the promotion or
959 ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
960 programs shall not be established if adequate programs exist in the private sector;
961 (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
962 exercise physical control over property and individuals as the department finds necessary for
963 the protection of the public health;
964 (i) close theaters, schools, and other public places and forbid gatherings of people
965 when necessary to protect the public health;
966 (j) abate nuisances when necessary to eliminate sources of filth and infectious and
967 communicable diseases affecting the public health;
968 (k) make necessary sanitary and health investigations and inspections in cooperation
969 with local health departments as to any matters affecting the public health;
970 (l) establish laboratory services necessary to support public health programs and
971 medical services in the state;
972 (m) establish and enforce standards for laboratory services which are provided by any
973 laboratory in the state when the purpose of the services is to protect the public health;
974 (n) cooperate with the Labor Commission to conduct studies of occupational health
975 hazards and occupational diseases arising in and out of employment in industry, and make
976 recommendations for elimination or reduction of the hazards;
977 (o) cooperate with the local health departments, the Department of Corrections, the
978 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
979 Victims Reparations Board to conduct testing for HIV infection of convicted sexual offenders
980 and any victims of a sexual offense;
981 (p) investigate the cause of maternal and infant mortality;
982 (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
983 and drivers of motor vehicles killed in highway accidents be examined for the presence and
984 concentration of alcohol;
985 (r) provide the commissioner of public safety with monthly statistics reflecting the
986 results of the examinations provided for in Subsection (2)(q) and provide safeguards so that
987 information derived from the examinations is not used for a purpose other than the compilation
988 of statistics authorized in this Subsection (2)(r);
991 may be terminated or revoked by the department;
992 (t) establish a uniform public health program throughout the state which includes
993 continuous service, employment of qualified employees, and a basic program of disease
994 control, vital and health statistics, sanitation, public health nursing, and other preventive health
995 programs necessary or desirable for the protection of public health;
996 (u) adopt rules and enforce minimum sanitary standards for the operation and
997 maintenance of:
998 (i) orphanages;
999 (ii) boarding homes;
1000 (iii) summer camps for children;
1001 (iv) lodging houses;
1002 (v) hotels;
1003 (vi) restaurants and all other places where food is handled for commercial purposes,
1004 sold, or served to the public;
1005 (vii) tourist and trailer camps;
1006 (viii) service stations;
1007 (ix) public conveyances and stations;
1008 (x) public and private schools;
1009 (xi) factories;
1010 (xii) private sanatoria;
1011 (xiii) barber shops;
1012 (xiv) beauty shops;
1013 (xv) physicians' offices;
1014 (xvi) dentists' offices;
1015 (xvii) workshops;
1016 (xviii) industrial, labor, or construction camps;
1017 (xix) recreational resorts and camps;
1018 (xx) swimming pools, public baths, and bathing beaches;
1019 (xxi) state, county, or municipal institutions, including hospitals and other buildings,
1021 (xxii) of any other facilities in public buildings and on public grounds;
1022 (v) conduct health planning for the state;
1023 (w) monitor the costs of health care in the state and foster price competition in the
1024 health care delivery system;
1025 (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
1026 Chapter 21, Health Care Facility Licensing and Inspection Act;
1027 (y) license the provision of child care;
1028 (z) accept contributions to and administer the funds contained in the Organ Donation
1029 Contribution Fund created in Section 26-18b-101 ; and
1030 (aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
1031 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
1032 and adopt rules for the enforcement and administration of the nursing facility assessment
1033 consistent with the provisions of Title 26, Chapter 35a.
1034 Section 9. Section 32A-1-115 is amended to read:
1035 32A-1-115. Alcoholic Beverage Enforcement and Treatment Restricted Account
1036 -- Distribution to municipalities and counties.
1037 (1) As used in this section:
1038 (a) "Account" means the Alcoholic Beverage Enforcement and Treatment Restricted
1039 Account created in this section.
1040 (b) "Alcohol-related offense" means:
1041 (i) a violation of:
1042 (A) Section [
1043 (B) an ordinance that complies with the requirements of:
1044 (I) Subsection [
1045 (II) Section 76-5-207 ; or
1046 (ii) an offense involving the:
1047 (A) illegal sale of alcohol;
1048 (B) illegal distribution of alcohol;
1049 (C) illegal transportation of alcohol;
1050 (D) illegal possession of alcohol; or
1052 (c) "Annual conviction time period" means the time period that:
1053 (i) begins on July 1 and ends on June 30; and
1054 (ii) immediately precedes the fiscal year for which an appropriation under this section
1055 is made.
1056 (d) "Coordinating council" means the Utah Substance Abuse and Anti-Violence
1057 Coordinating Council created in Section 63-25a-201 .
1058 (e) "Municipality" means:
1059 (i) a city; or
1060 (ii) a town.
1061 (2) (a) There is created in the General Fund a restricted account called the "Alcoholic
1062 Beverage Enforcement and Treatment Restricted Account."
1063 (b) The account shall be funded from:
1064 (i) amounts deposited by the state treasurer in accordance with Section 59-15-109 ;
1065 (ii) any appropriations made to the account by the Legislature; and
1066 (iii) interest described in Subsection (2)(c).
1067 (c) Interest earned on the account shall be deposited into the account.
1068 (d) (i) The revenues in the account shall be used exclusively for programs or projects
1069 related to prevention, treatment, detection, prosecution, and control of violations of this title
1070 and other offenses in which alcohol is a contributing factor except as provided in Subsection
1072 (ii) The portion distributed under this section to counties may also be used for the
1073 confinement or treatment of persons arrested for or convicted of offenses in which alcohol is a
1074 contributing factor.
1075 (iii) Any municipality or county entitled to receive funds shall use the funds
1076 exclusively as required by this Subsection (2)(d).
1077 (iv) The appropriations provided for under Subsection (3) are:
1078 (A) intended to supplement the budget of the appropriate agencies of each municipality
1079 and county within the state to enable the municipalities and counties to more effectively fund
1080 the programs and projects described in this Subsection (2)(d); and
1081 (B) not intended to replace funds that would otherwise be allocated for the programs
1083 (3) (a) The revenues deposited into the account shall be distributed to municipalities
1084 and counties:
1085 (i) to the extent appropriated by the Legislature except that the Legislature shall
1086 appropriate each fiscal year an amount equal to at least the amount deposited in the account in
1087 accordance with Section 59-15-109 ; and
1088 (ii) as provided in this Subsection (3).
1089 (b) The amount appropriated from the account shall be distributed as follows:
1090 (i) 25% to municipalities and counties based upon the percentage of the state
1091 population residing in each municipality and county;
1092 (ii) 30% to municipalities and counties based upon each municipality's and county's
1093 percentage of the statewide convictions for all alcohol-related offenses;
1094 (iii) 20% to municipalities and counties based upon the percentage of all state stores,
1095 package agencies, liquor licensees, and beer licensees in the state that are located in each
1096 municipality and county; and
1097 (iv) 25% to the counties for confinement and treatment purposes authorized by this
1098 section based upon the percentage of the state population located in each county.
1099 (c) (i) Except as provided in Subsection (3)(c)(iii), a municipality that does not have a
1100 law enforcement agency may not receive monies under this section.
1101 (ii) The State Tax Commission:
1102 (A) may not distribute the monies the municipality would receive but for the
1103 municipality not having a law enforcement agency to that municipality; and
1104 (B) shall distribute the monies that the municipality would have received but for it not
1105 having a law enforcement agency to the county in which the municipality is located for use by
1106 the county in accordance with this section.
1107 (iii) Notwithstanding Subsections (3)(c)(i) and (ii), if the coordinating council finds
1108 that a municipality described in Subsection (3)(c)(i) demonstrates that the municipality can use
1109 the monies that the municipality is otherwise eligible to receive in accordance with this section,
1110 the coordinating council may direct the State Tax Commission to distribute the money to the
1112 (4) To determine the distributions required by Subsection (3)(b)(ii), the State Tax
1114 (a) for an annual conviction time period:
1115 (i) multiply by two the total number of convictions in the state obtained during the
1116 annual conviction time period for violation of:
1117 (A) Section [
1118 (B) an ordinance that complies with the requirements of Subsection [
1119 41-6a-510 (1) or Section 76-5-207 ; and
1120 (ii) add to the number calculated under Subsection (4)(a)(i) the number of convictions
1121 obtained during the annual conviction time period for all alcohol-related offenses other than the
1122 alcohol-related offenses described in Subsection (4)(a)(i);
1123 (b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
1124 obtained in Subsection (4)(a); and
1125 (c) multiply the amount calculated under Subsection (4)(b), by the number of
1126 convictions obtained in each municipality and county during the annual conviction time period
1127 for alcohol-related offenses.
1128 (5) For purposes of this section:
1129 (a) the number of state stores, package agencies, and licensees located within the limits
1130 of each municipality and county:
1131 (i) is the number determined by the department to be so located;
1132 (ii) includes all:
1133 (A) private clubs;
1134 (B) restaurants;
1135 (C) airport lounges;
1136 (D) package agencies; and
1137 (E) state stores; and
1138 (iii) does not include on-premise beer retailer licensees;
1139 (b) the number of state stores, package agencies, and licensees in a county consists only
1140 of that number located within unincorporated areas of the county;
1141 (c) population figures shall be determined according to the most current population
1142 estimates prepared by the Utah Population Estimates Committee;
1143 (d) a county's population figure for the 25% distribution to municipalities and counties
1145 unincorporated areas of the county;
1146 (e) a county's population figure under Subsection (3)(b)(iv) for the 25% distribution to
1147 counties only shall be determined with reference to the total population in the county, including
1148 that of municipalities;
1149 (f) a conviction occurs in the municipality or county that actually prosecutes the
1150 offense to judgment; and
1151 (g) in the case of a conviction based upon a guilty plea, the conviction is considered to
1152 occur in the municipality or county that, except for the guilty plea, would have prosecuted the
1154 (6) By not later than September 1 each year:
1155 (a) the state court administrator shall certify to the State Tax Commission the number
1156 of convictions obtained for alcohol-related offenses in each municipality or county in the state
1157 during the annual conviction time period; and
1158 (b) the coordinating council shall notify the State Tax Commission of any municipality
1159 that does not have a law enforcement agency.
1160 (7) By not later than December 1 of each year, the coordinating council shall notify the
1161 State Tax Commission for the fiscal year of appropriation of:
1162 (a) any municipality that may receive a distribution under Subsection (3)(c)(iii);
1163 (b) any county that may receive a distribution allocated to a municipality described in
1164 Subsection (3)(c)(ii);
1165 (c) any municipality or county that may not receive a distribution because the
1166 coordinating council has suspended the payment under Subsection (10)(a)(i); and
1167 (d) any municipality or county that receives a distribution because the suspension of
1168 payment has been cancelled under Subsection (10)(a)(ii).
1169 (8) (a) By not later than January 1 of the fiscal year of appropriation, the State Tax
1170 Commission shall annually distribute to each municipality and county the portion of the
1171 appropriation that the municipality or county is eligible to receive under this section, except for
1172 any municipality or county that the coordinating council notifies the State Tax Commission in
1173 accordance with Subsection (7) may not receive a distribution in that fiscal year.
1174 (b) (i) The State Tax Commission shall prepare forms for use by municipalities and
1176 (ii) The forms described in this Subsection (8) may require the submission of
1177 information the State Tax Commission considers necessary to enable the State Tax
1178 Commission to comply with this section.
1179 (9) A municipality or county that receives any monies under this section during a fiscal
1180 year shall by no later than October 1 following the fiscal year:
1181 (a) report to the coordinating council:
1182 (i) the programs or projects of the municipality or county that receive monies under
1183 this section;
1184 (ii) if the monies for programs or projects were exclusively used as required by
1185 Subsection (2)(d);
1186 (iii) indicators of whether the programs or projects that receive monies under this
1187 section are effective; and
1188 (iv) if any monies received under this section were not expended by the municipality or
1189 county; and
1190 (b) provide the coordinating council a statement signed by the chief executive officer
1191 of the county or municipality attesting that the monies received under this section were used in
1192 addition to any monies appropriated or otherwise available for the county's or municipality's
1193 law enforcement and were not used to supplant those monies.
1194 (10) (a) The coordinating council may, by a majority vote:
1195 (i) suspend future payments under Subsection (8) to a municipality or county that:
1196 (A) does not file a report that meets the requirements of Subsection (9); or
1197 (B) the coordinating council finds does not use the monies as required by Subsection
1198 (2)(d) on the basis of the report filed by the municipality or county under Subsection (9); and
1199 (ii) cancel a suspension under Subsection (10)(a)(i).
1200 (b) The State Tax Commission shall:
1201 (i) retain monies that a municipality or county does not receive under Subsection
1202 (10)(a); and
1203 (ii) notify the coordinating council of the balance of retained monies under this
1204 Subsection (10)(b) after the annual distribution under Subsection (8).
1205 (11) (a) Subject to the requirements of this Subsection (11), the coordinating council
1207 (i) as prioritized by majority vote of the coordinating council; and
1208 (ii) as grants to:
1209 (A) a county;
1210 (B) a municipality; or
1211 (C) the Department of Public Safety.
1212 (b) By not later than May 30 of the fiscal year of the appropriation, the coordinating
1213 council shall notify the State Tax Commission of any grants awarded under this Subsection
1215 (c) The State Tax Commission shall make payments of grants:
1216 (i) upon receiving notice as provided under Subsection (11)(b); and
1217 (ii) by not later than June 30 of the fiscal year of the appropriation.
1218 (d) An entity that receives a grant under this Subsection (11) shall use the grant monies
1219 exclusively for programs or projects described in Subsection (2)(d).
1220 Section 10. Section 39-6-93 is amended to read:
1221 39-6-93. Intoxicated or reckless driving.
1222 A person subject to this chapter who operates any vehicle in violation of Section
1224 military court directs.
1225 Section 11. Section 41-1a-202 is amended to read:
1226 41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
1227 vehicles after establishing residency.
1228 (1) In this section:
1229 (a) "Domicile" means the place:
1230 (i) where an individual has a fixed permanent home and principal establishment;
1231 (ii) to which the individual if absent, intends to return; and
1232 (iii) in which the individual and his family voluntarily reside, not for a special or
1233 temporary purpose, but with the intention of making a permanent home.
1234 (b) (i) "Resident" means any of the following:
1235 (A) an individual who:
1236 (I) has established a domicile in this state;
1238 or more during any calendar year;
1239 (III) engages in a trade, profession, or occupation in this state or who accepts
1240 employment in other than seasonal work in this state and who does not commute into the state;
1241 (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
1242 license or motor vehicle registration; or
1243 (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
1244 nonresidents, including going to school, or placing children in school without paying
1245 nonresident tuition or fees;
1246 (B) any individual, partnership, limited liability company, firm, corporation,
1247 association, or other entity that:
1248 (I) maintains a main office, branch office, or warehouse facility in this state and that
1249 bases and operates a motor vehicle in this state; or
1250 (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
1251 (ii) "Resident" does not include any of the following:
1252 (A) a member of the military temporarily stationed in Utah;
1253 (B) an out-of-state student, as classified by the institution of higher education, enrolled
1254 with the equivalent of seven or more quarter hours, regardless of whether the student engages
1255 in a trade, profession, or occupation in this state or accepts employment in this state; and
1256 (C) an individual domiciled in another state or a foreign country that:
1257 (I) is engaged in public, charitable, educational, or religious services for a government
1258 agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
1259 Section 501(c)(3);
1260 (II) is not compensated for services rendered other than expense reimbursements; and
1261 (III) is temporarily in Utah for a period not to exceed 24 months.
1262 (2) Registration under this chapter is not required for any:
1263 (a) vehicle registered in another state and owned by a nonresident of the state or
1264 operating under a temporary registration permit issued by the division or a dealer authorized by
1265 this chapter, driven or moved upon a highway in conformance with the provisions of this
1266 chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
1267 (b) vehicle driven or moved upon a highway only for the purpose of crossing the
1269 (c) implement of husbandry, whether of a type otherwise subject to registration or not,
1270 that is only incidentally operated or moved upon a highway;
1271 (d) special mobile equipment;
1272 (e) vehicle owned or leased by the federal government;
1273 (f) motor vehicle not designed, used, or maintained for the transportation of passengers
1274 for hire or for the transportation of property if the motor vehicle is registered in another state
1275 and is owned and operated by a nonresident of this state;
1276 (g) vehicle or combination of vehicles designed, used, or maintained for the
1277 transportation of persons for hire or for the transportation of property if the vehicle or
1278 combination of vehicles is registered in another state and is owned and operated by a
1279 nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
1280 of 26,000 pounds or less;
1281 (h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
1282 for hire for the transportation of property or person;
1283 (i) manufactured home or mobile home;
1284 (j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
1285 vehicle is:
1286 (i) being towed;
1287 (ii) operated on a street or highway designated as open to off-highway vehicle use; or
1288 (iii) operated in the manner prescribed in Section 41-22-10.3 ;
1289 (k) off-highway implement of husbandry operated in the manner prescribed in
1290 Subsections 41-22-5.5 (3) through (5);
1291 (l) modular and prebuilt homes conforming to the uniform building code and presently
1292 regulated by the United States Department of Housing and Urban Development that are not
1293 constructed on a permanent chassis;
1294 (m) electric assisted bicycle defined under Section [
1295 (n) motor assisted scooter defined under Section [
1296 (o) personal motorized mobility device defined under Section [
1297 (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
1298 required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
1300 (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
1301 registration requirements of this part for the time period that the registration under Section
1302 41-3-306 is valid.
1303 Section 12. Section 41-1a-203 is amended to read:
1304 41-1a-203. Prerequisites for registration.
1305 (1) Except as otherwise provided, prior to registration a vehicle must have:
1306 (a) an identification number inspection under Section 41-1a-204 ;
1307 (b) passed the safety inspection, if required in the current year, as provided under
1308 Sections 41-1a-205 and 53-8-205 ;
1309 (c) passed the emissions inspection, if required in the current year, as provided under
1310 Section [
1311 (d) paid property taxes, the in lieu fee, or received a property tax clearance under
1312 Section 41-1a-206 or 41-1a-207 ;
1313 (e) paid the automobile driver education tax required by Section 41-1a-208 ;
1314 (f) paid the applicable registration fee under Part 12, Fee and Tax Requirements;
1315 (g) paid the uninsured motorist identification fee under Section 41-1a-1218 , if
1316 applicable; and
1317 (h) paid the motor carrier fee under Section 41-1a-1219 , if applicable.
1318 (2) In addition to the requirements in Subsection (1), an owner whose vehicle has not
1319 been previously registered or that is currently registered under a previous owner's name must
1320 also apply for a valid certificate of title in the owner's name prior to registration.
1321 (3) A new registration, transfer of ownership, or registration renewal under Section
1322 73-18-7 may not be issued for a vessel or outboard motor that is subject to the title provisions
1323 of this chapter unless a certificate of title has been or is in the process of being issued in the
1324 same owner's name.
1325 (4) A new registration, transfer of ownership, or registration renewal under Section
1326 41-22-3 may not be issued for an off-highway vehicle that is subject to the titling provisions of
1327 this chapter unless a certificate of title has been or is in the process of being issued in the same
1328 owner's name.
1329 Section 13. Section 41-1a-205 is amended to read:
1331 motor vehicle -- Exemptions.
1332 (1) If required in the current year, a safety inspection certificate, as required by Section
1333 53-8-205 , or proof of exemption from safety inspection shall be presented at the time of, and as
1334 a condition of, registration or renewal of registration of a motor vehicle.
1335 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
1336 required under this section may be made no more than two months prior to the renewal of
1338 (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
1339 certificate issued for the motor vehicle during the previous two months may be used to satisfy
1340 the requirement under Subsection (1).
1341 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
1342 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
1343 dealer's name during the previous six months may be used to satisfy the requirement under
1344 Subsection (1).
1345 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
1346 safety inspection certificate issued during the previous six months may be used to satisfy the
1347 requirement under Subsection (1).
1348 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
1349 required under this section may be made no more than 11 months prior to the renewal of
1351 (3) The following motor vehicles are exempt from this section:
1352 (a) a new motor vehicle when registered the first time, if:
1353 (i) a new car predelivery inspection has been made by a dealer;
1354 (ii) the dealer provides a written disclosure statement listing any known deficiency,
1355 existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
1356 to fail a safety inspection given in accordance with Section 53-8-205 ; and
1357 (iii) the buyer signs the disclosure statement to acknowledge that the buyer has read
1358 and understands the listed deficiencies; and
1359 (b) a motor vehicle required to be registered under this chapter that bears a dealer plate
1360 or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
1362 dismantling, the motor vehicle shall comply with Section [
1363 mechanical condition.
1364 (4) (a) A safety inspection certificate shall be displayed on:
1365 (i) all registered commercial motor vehicles with a gross vehicle weight rating of
1366 26,000 pounds or more;
1367 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
1368 multiple axles;
1369 (iii) a combination unit; and
1370 (iv) a bus or van for hire.
1371 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
1372 Subsection (1).
1373 (5) A motor vehicle may be sold and the title assigned to the new owner without a
1374 valid safety inspection, but the motor vehicle may not be registered in the new owner's name
1375 until the motor vehicle complies with this section.
1376 Section 14. Section 41-1a-217 is amended to read:
1377 41-1a-217. Application for renewal of registration.
1378 (1) Renewal of a vehicle registration shall be made by the owner upon application and
1379 by payment of the fees or taxes required under Subsection 41-1a-203 (1).
1380 (2) The application for registration renewal and applicable fees or taxes shall be
1381 accompanied by a:
1382 (a) safety inspection certificate as required under Section 41-1a-205 ; and
1383 (b) certificate of emissions inspection as required under Section [
1384 41-6a-1642 .
1385 (3) The new registration card issued shall show:
1386 (a) the identical information with respect to the owner and the vehicle description
1387 required by Section 41-1a-213 ; and
1388 (b) the new expiration date.
1389 Section 15. Section 41-1a-407 is amended to read:
1390 41-1a-407. Plates issued to political subdivisions or state -- Use of "EX" letters --
1391 Confidential information.
1393 district, state institution of learning, county, other governmental division, subdivision, or
1394 district, and the state shall:
1395 (a) place a license plate displaying the letters, "EX" on every vehicle owned and
1396 operated by it or leased for its exclusive use; and
1397 (b) display an identification mark designating the vehicle as the property of the entity
1398 in a conspicuous place on both sides of the vehicle.
1399 (2) The entity need not display the "EX" license plate or the identification mark
1400 required by Subsection (1) if:
1401 (a) the vehicle is in the direct service of the governor, lieutenant governor, attorney
1402 general, state auditor, or state treasurer of Utah;
1403 (b) the vehicle is used in official investigative work where secrecy is essential;
1404 (c) the vehicle is used in an organized Utah Highway Patrol operation that is:
1405 (i) conducted within a county of the first or second class as defined under Section
1406 17-50-501 , unless no more than one unmarked vehicle is used for the operation;
1407 (ii) approved by the Commissioner of Public Safety;
1408 (iii) of a duration of 14 consecutive days or less; and
1409 (iv) targeted toward aggressive driving and accidents involving:
1410 (A) violations of Title 41, Chapter [
1411 Under the Influence and Reckless Driving;
1412 (B) speeding violations for exceeding the posted speed limit by 21 or more miles per
1414 (C) speeding violations in a reduced speed school zone under Section [
1415 41-6a-604 ;
1416 (D) violations of Section [
1417 (E) violations of Section [
1418 (d) the vehicle is provided to an official of the entity as part of a compensation package
1419 allowing unlimited personal use of that vehicle; or
1420 (e) the personal security of the occupants of the vehicle would be jeopardized if the
1421 "EX" license plate were in place.
1422 (3) Plates issued to Utah Highway Patrol vehicles may bear the capital letters "UHP," a
1424 (4) (a) The commission shall issue "EX" and "UHP" plates.
1425 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1426 commission shall make rules establishing the procedure for application for and distribution of
1427 the plates.
1428 (5) For a vehicle that qualifies for "EX" or "UHP" license plates, the entity is not
1429 required to display an annual registration decal.
1430 (6) (a) Information shall be confidential for vehicles that are not required to display the
1431 "EX" license plate or the identification mark under Subsections (2)(a), (b), (d), and (e).
1432 (b) (i) If a law enforcement officer's identity must be kept secret, his agency head may
1433 request in writing that the division remove the license plate information of the officer's
1434 personal vehicles from all public access files and place it in a confidential file until the
1435 assignment is completed.
1436 (ii) The agency head shall notify the division when the assignment is completed.
1437 (7) A peace officer engaged in an organized operation under Subsection (2)(c) shall be
1438 in a uniform clearly identifying the law enforcement agency the peace officer is representing
1439 during the operation.
1440 Section 16. Section 41-1a-1101 is amended to read:
1441 41-1a-1101. Seizure -- Circumstances where permitted -- Impound lot standards.
1442 (1) The division or any peace officer, without a warrant, may seize and take possession
1443 of any vehicle, vessel, or outboard motor:
1444 (a) that the division or the peace officer has reason to believe has been stolen;
1445 (b) on which any identification number has been defaced, altered, or obliterated;
1446 (c) that has been abandoned on the public highways;
1447 (d) for which the applicant has written a check for registration or title fees that has not
1448 been honored by the applicant's bank and that is not paid within 30 days;
1449 (e) that is placed on the water with improper registration; or
1450 (f) that is being operated on a highway:
1451 (i) with registration that has been expired for more than three months;
1452 (ii) having never been properly registered by the current owner; or
1453 (iii) with registration that is suspended or revoked.
1455 seized to transport and store the vessel.
1456 (3) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard
1457 motor under this section shall comply with the provisions of Section [
1458 (4) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1459 the commission shall make rules setting standards for public garages, impound lots, and
1460 impound yards that may be used by peace officers and the division.
1461 (b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
1462 public garages, impound lots, or impound yards per geographical area.
1463 (5) (a) Except as provided under Subsection (5)(b), a person may not operate or allow
1464 to be operated a vehicle stored in a public garage, impound lot, or impound yard regulated
1465 under this part without prior written permission of the owner of the vehicle.
1466 (b) Incidental and necessary operation of a vehicle to move the vehicle from one
1467 parking space to another within the facility and that is necessary for the normal management of
1468 the facility is not prohibited under this Subsection (5)(a).
1469 (6) A person who violates the provisions of Subsection (5) is guilty of a class C
1471 (7) The division or the peace officer who seizes a vehicle shall record the mileage
1472 shown on the vehicle's odometer at the time of seizure, if:
1473 (a) the vehicle is equipped with an odometer; and
1474 (b) the odometer reading is accessible to the division or the peace officer.
1475 Section 17. Section 41-1a-1206 is amended to read:
1476 41-1a-1206. Registration fees -- Fees by gross laden weight.
1477 (1) Except as provided in Subsection (2), at the time application is made for
1478 registration or renewal of registration of a vehicle or combination of vehicles under this
1479 chapter, a registration fee shall be paid to the division as follows:
1480 (a) $22.50 for each motorcycle;
1481 (b) $21 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
1483 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
1484 or is registered under Section 41-1a-301 :
1486 (ii) $8.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
1487 gross unladen weight;
1488 (d) (i) $33 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
1489 gross laden weight; plus
1490 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight; and
1491 (e) (i) $49.50 for each motor vehicle or combination of motor vehicles, excluding farm
1492 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
1493 (ii) $18.50 for each 2,000 pounds over 14,000 pounds gross laden weight.
1494 (2) The initial registration fee for a vintage vehicle is $20.
1495 (3) If a motor vehicle is operated in combination with a semitrailer or trailer, each
1496 motor vehicle shall register for the total gross laden weight of all units of the combination if the
1497 total gross laden weight of the combination exceeds 12,000 pounds.
1498 (4) (a) Registration fee categories under this section are based on the gross laden
1499 weight declared in the licensee's application for registration.
1500 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
1501 of 2,000 pounds is a full unit.
1502 (5) The owner of a commercial trailer or commercial semitrailer may, as an alternative
1503 to registering under Subsection (1)(c), apply for and obtain a special registration and license
1504 plate for a fee of $110.
1505 (6) Except as provided in Section [
1506 registered as a farm truck unless:
1507 (a) the truck meets the definition of a farm truck under Section 41-1a-102 ; and
1508 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
1509 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
1510 submits to the division a certificate of emissions inspection or a waiver in compliance with
1511 Section [
1512 (7) A violation of Subsection (6) is a class B misdemeanor that shall be punished by a
1513 fine of not less than $200.
1514 (8) Trucks used exclusively to pump cement, bore wells, or perform crane services
1515 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
1517 Section 18. Section 41-3-303 is amended to read:
1518 41-3-303. Temporary permits -- Inspections required before issuance.
1519 (1) A dealer licensed in accordance with this chapter may not issue a temporary permit
1520 under Section 41-3-302 unless:
1521 (a) (i) the motor vehicle for which the temporary permit is issued has received and
1522 passed the safety inspection required by Section 53-8-205 within the previous six months;
1523 (ii) the safety inspection certificate was issued in the name of a licensed and bonded
1524 dealer; and
1525 (iii) a copy of the safety inspection certificate is given to the customer; and
1526 (b) the motor vehicle passed the emission inspection test required by Section
1528 (2) Notwithstanding Subsection (1)(a), a dealer may issue a temporary permit without a
1529 safety inspection certificate if the motor vehicle complies with the safety inspection as
1530 provided in Section 41-1a-205 .
1531 (3) Notwithstanding Subsection (1)(b), a dealer may issue a temporary permit without
1532 proof of an emission inspection if:
1533 (a) the motor vehicle is exempt from emission inspection as provided in Section
1535 (b) the purchaser is a resident of a county that does not require emission inspections; or
1536 (c) the motor vehicle is otherwise exempt from emission inspections.
1537 (4) Notwithstanding Subsection (1), a dealer may sell a motor vehicle as is without
1538 having it safety or emission inspected provided that no temporary permit is issued.
1539 Section 19. Section 41-6a-101 , which is renumbered from Section 41-6-175 is
1540 renumbered and amended to read:
1544 This [
1545 known as the "Traffic Code."
1546 Section 20. Section 41-6a-102 , which is renumbered from Section 41-6-1 is
1549 As used in this chapter:
1550 (1) "Alley" means a street or highway intended to provide access to the rear or side of
1551 lots or buildings in urban districts and not intended for through vehicular traffic.
1552 (2) "All-terrain type I vehicle" [
1553 41-22-2 .
1554 (3) "Authorized emergency vehicle" [
1555 (a) fire department vehicles[
1556 (b) police vehicles[
1557 (c) ambulances[
1558 (d) other publicly or privately owned vehicles as designated by the commissioner of the
1559 Department of Public Safety.
1560 (4) (a) "Bicycle" means every device:
1561 (i) propelled by human power;
1562 (ii) upon which [
1563 (iii) having two tandem wheels[
1564 (b) "Bicycle" does not include scooters and similar devices.
1565 (5) (a) "Bus" means [
1566 (i) designed for carrying more than 15 passengers and used for the transportation of
1567 persons; [
1568 (ii) designed and used for the transportation of persons for compensation.
1569 (b) "Bus" does not include a taxicab.
1570 (6) (a) "Circular intersection" means an intersection that has an island, generally
1571 circular in design, located in the center of the intersection where traffic passes to the right of
1572 the island.
1573 (b) "Circular intersection" includes:
1574 (i) roundabouts;
1575 (ii) rotaries; and
1576 (iii) traffic circles.
1577 (7) "Commissioner" means the commissioner of the Department of Public Safety.
1579 (a) designed primarily for through traffic; and
1580 (b) to or from which owners or occupants of abutting lands and other persons have no
1581 legal right of access, except at points as determined by the [
1582 jurisdiction over the highway, street, or roadway.
1584 (a) that part of a roadway at an intersection included within the connections of the
1585 lateral lines of the sidewalks on opposite sides of the highway measured from:
1586 (i) (A) the curbs; or[
1587 (B) in the absence of curbs, from the edges of the traversable roadway; and
1588 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
1589 included within the extension of the lateral lines of the existing sidewalk at right angles to the
1590 centerline; or
1591 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
1592 pedestrian crossing by lines or other markings on the surface.
1595 (a) an unpaved intervening space [
1596 (b) a physical barrier; or [
1597 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
1599 (a) with an electric motor with a power output of not more than 1,000 watts[
1600 (b) which is not capable of:
1601 (i) propelling the device at a speed of more than 20 miles per hour on level ground[
1602 and [
1603 (ii) increasing the speed of the device when human power is used to propel the device
1604 at more than 20 miles per hour.
1606 commonly used or intended for the purpose of producing an explosion and which contains any
1607 oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
1608 that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
1610 gaseous pressures are capable of producing destructive effects on contiguous objects or of
1611 causing death or serious bodily injury.
1613 as a farm implement, for drawing plows, mowing machines, and other implements of
1616 degrees F. or less, as determined by a [
1617 (16) "Freeway" means a controlled-access highway that is part of the interstate system
1618 as defined in Section 72-1-102 .
1619 (17) "Gore area" means the area delineated by two solid white lines that is between a
1620 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
1621 including similar areas between merging or splitting highways.
1623 weight of any load on the vehicle.
1625 place of any nature when any part of it is open to the use of the public as a matter of right for
1626 vehicular travel.
1627 (20) "Highway authority" has the same meaning as defined in Section 72-1-102 .
1629 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
1630 of two or more highways which join one another.
1632 (i) every crossing of each roadway of the divided highway by an intersecting highway
1633 is a separate intersection; and
1634 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
1635 every crossing of two roadways of the highways is a separate intersection.
1637 highway [
1638 (22) "Island" means an area between traffic lanes or at an intersection for control of
1639 vehicle movements or for pedestrian refuge designated by:
1641 lines surrounding the perimeter of the area;
1642 (b) channelizing devices;
1643 (c) curbs;
1644 (d) pavements edges; or
1645 (e) other devices.
1646 (23) "Law enforcement agency" has the same meaning as defined in Section 53-1-102 .
1647 (24) "Limited access highway" means a highway:
1648 (a) that is designated specifically for through traffic; and
1649 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
1650 persons have any right or easement, or have only a limited right or easement of access, light,
1651 air, or view.
1653 executive, or governing body of a county, municipal, [
1654 authority to enact laws relating to traffic under the constitution and laws of the state.
1656 (i) is designed to be operated at speeds of not more than 25 miles per hour; and [
1657 (ii) has a capacity of not more than four passengers, including the driver.
1658 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
1660 is wholly or partly of metal or other hard nonresilient material.
1662 (a) a trailer or semitrailer which is:
1663 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
1664 place either permanently or temporarily[
1665 (ii) equipped for use as a conveyance on streets and highways; or
1666 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
1667 constructed for use as a mobile home, as defined in Subsection [
1668 instead used permanently or temporarily for:
1669 (i) the advertising, [
1672 transportation of property for distribution by a private carrier.
1674 (i) pedals to permit propulsion by human power[
1675 (ii) a motor which:
1676 (A) produces not more than two brake horsepower; and [
1677 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
1678 level ground.
1679 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
1680 centimeters and the moped shall have a power drive system that functions directly or
1681 automatically without clutching or shifting by the operator after the drive system is engaged.
1683 (c) "Moped" includes an electric assisted bicycle and a motor assisted scooter.
1685 (a) at least two wheels in contact with the ground[
1686 (b) a braking system capable of stopping the unit under typical operating conditions[
1687 (c) a gas or electric motor not exceeding 40 cubic centimeters[
1688 (d) a deck design for a person to stand while operating the device[
1689 (e) the ability to be propelled by human power alone.
1691 every vehicle which is propelled by electric power obtained from overhead trolley wires, but
1692 not operated upon rails[
1693 (b) "Motor vehicle" does not include vehicles moved solely by human power and
1694 motorized wheel chairs.
1696 seat or saddle for the use of the rider and designed to travel with not more than three wheels in
1697 contact with the ground.
1699 personal motorized mobility device, moped, electric assisted bicycle, motor assisted scooter,
1700 and every motorized bicycle having:
1701 (a) an engine with less than 150 cubic centimeters displacement; or [
1707 defined under Section 41-22-2 .
1709 Section 41-22-2 .
1713 or not[
1714 (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
1715 purpose of and while actually engaged in loading or unloading property or passengers.
1717 Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for
1718 violations of traffic laws.
1720 (a) on foot; or
1721 (b) in a wheelchair.
1722 (40) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
1728 (i) two nontandem wheels in contact with the ground[
1729 (ii) a system capable of steering and stopping the unit under typical operating
1731 (iii) a motor not exceeding one horse power or 750 watts[
1732 (iv) a deck design for a person to stand while operating the device. [
1735 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
1736 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle[
1738 (b) that is ordinarily used for transporting long or irregular shaped loads [
1739 including poles, pipes, or structural members generally capable of sustaining themselves as
1740 beams between the supporting connections.
1742 and used for vehicular travel by the owner and those having express or implied permission
1743 from the owner, but not by other persons.
1745 on stationary rails.
1747 authority of a public body or official or by a railroad and intended to give notice of the presence
1748 of railroad tracks or the approach of a railroad train.
1750 coupled with or operated without cars, and operated upon rails.
1752 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
1753 of direction, speed, and proximity which give rise to danger of collision unless one grants
1754 precedence to the other.
1756 ordinarily used for vehicular travel[
1757 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
1758 them are used by persons riding bicycles or other human-powered vehicles.
1759 (c) [
1760 to any roadway separately but not to all roadways collectively, if a highway includes two or
1761 more separate roadways.
1763 for the exclusive use of pedestrians and which is protected, marked, or indicated by adequate
1766 (i) complies with the color and identification requirements of the most recent edition of
1767 "Minimum Standards for School Buses"; and
1768 (ii) is used to transport school children to or from school or school activities. [
1770 (b) "School bus" does not include [
1771 carrier in transportation of school children to or from school or school activities.
1774 (i) designed for carrying persons or property and for being drawn by a motor vehicle[
1776 (ii) constructed so that some part of its weight and that of its load rests [
1777 carried by another vehicle.
1778 (b) "Semitrailer" does not include a pole trailer.
1780 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
1781 edge line as established in the current approved "Manual on Uniform Traffic Control
1783 (b) that portion of the road contiguous to the roadway for accommodation of stopped
1784 vehicles, for emergency use, and lateral support.
1786 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
1788 which does not depend [
1790 occupied or not, [
1791 receiving or discharging passengers.
1794 of a vehicle, whether occupied or not, except when:
1796 (b) in compliance with the directions of a peace officer or [
1799 conveyances either singly or together while using any highway for the purpose of travel.
1800 (60) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
1801 with this chapter placed or erected by a highway authority for the purpose of regulating,
1802 warning, or guiding traffic.
1804 electrically, or mechanically operated, by which traffic is alternately directed to stop and
1805 permitted to proceed.
1806 (62) "Traffic signal preemption device" means an instrument or mechanism designed,
1807 intended, or used to interfere with the operation or cycle of a traffic-control signal.
1810 vehicle and constructed so that no part of its weight rests upon the towing vehicle.
1811 (b) "Trailer" does not include a pole trailer.
1813 primarily for the transportation of property.
1815 (a) designed and used primarily for drawing other vehicles; and
1816 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
1818 (66) "Two-way left turn lane" means a lane:
1819 (a) provided for vehicle operators making left turns in either direction;
1820 (b) that is not used for passing, overtaking, or through travel; and
1821 (c) that has been indicated by a lane traffic-control device which may include lane
1824 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
1825 less than 100 feet, for a distance of a quarter of a mile or more.
1827 or property is or may be transported or drawn [
1828 exclusively [
1829 Section 21. Section 41-6a-201 , which is renumbered from Section 41-6-11 is
1830 renumbered and amended to read:
1833 The provisions of this chapter relating to the operation of vehicles refer exclusively to
1834 the operation of vehicles upon highways, except:
1835 (1) [
1836 identified; or
1837 (2) under the provisions of Section [
1839 Influence and Reckless Driving, which apply upon highways and elsewhere throughout the
1841 Section 22. Section 41-6a-202 , which is renumbered from Section 41-6-12 is
1842 renumbered and amended to read:
1844 (1) A violation of any provision of this chapter is a class C misdemeanor, unless
1845 otherwise provided.
1846 (2) A violation of any provision of [
1847 chapter is an infraction, unless otherwise provided.
1848 Section 23. Section 41-6a-203 , which is renumbered from Section 41-6-164.5 is
1849 renumbered and amended to read:
1851 (1) [
1852 or abets in the commission of, [
1854 principal, agent, or accessory, [
1855 (2) A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces,
1856 requires, permits, or directs another to violate [
1858 Section 24. Section 41-6a-204 , which is renumbered from Section 41-6-165 is
1859 renumbered and amended to read:
1861 operate vehicle.
1863 the [
1864 operation of [
1865 Section 25. Section 41-6a-205 , which is renumbered from Section 41-6-165.5 is
1866 renumbered and amended to read:
1871 this state or any county, city, town, district or any other political subdivision of the state[
1873 Section 26. Section 41-6a-206 , which is renumbered from Section 41-6-175.5 is
1874 renumbered and amended to read:
1878 conflicting provisions of this chapter[
1881 Section 27. Section 41-6a-207 , which is renumbered from Section 41-6-16 is
1882 renumbered and amended to read:
1885 (1) The provisions of this chapter are applicable [
1886 and in all of its political subdivisions and municipalities.
1887 (2) A local highway authority may not enact or enforce any rule or ordinance in
1889 (3) A local highway authority may[
1890 (a) ordinances consistent with this chapter[
1891 (b) additional traffic ordinances [
1892 Section 28. Section 41-6a-208 , which is renumbered from Section 41-6-17 is
1893 renumbered and amended to read:
1895 Traffic-control device affecting state highway -- Necessity of erecting traffic-control
1897 (1) The provisions of this chapter do not prevent a local [
1899 reasonable exercise of police power, from:
1900 (a) regulating or prohibiting stopping, standing, or parking;
1901 (b) regulating traffic by means of a peace [
1903 (c) regulating or prohibiting processions or assemblages on [
1904 (d) designating particular highways or roadways for use by traffic moving in one
1905 direction under Section [
1906 (e) establishing speed limits for vehicles in public parks, which supersede Section
1908 (f) designating any highway as a through highway or designating any intersection or
1909 junction of roadways as a stop or yield intersection or junction;
1910 (g) restricting the use of [
1911 (h) regulating the operation of [
1912 inspection of [
1913 (i) regulating or prohibiting [
1914 (i) certain turn movements of a vehicle; or
1915 (ii) specified types of vehicles;
1916 (j) altering or establishing speed limits under Section [
1917 (k) requiring written accident reports under Section [
1918 (l) designating no-passing zones under Section [
1920 kind of traffic under Section [
1921 (n) prohibiting or regulating the use of heavily traveled streets by any class or kind of
1922 traffic found to be incompatible with the normal and safe movement of traffic;
1923 (o) establishing minimum speed limits under Subsection [
1926 designated highway except in a crosswalk under Section [
1933 cover emergencies or special conditions;
1936 (2) [
1937 highway authority may not erect or maintain any official traffic-control device at any location
1938 which [
1941 jurisdiction, unless written approval is obtained from the highway authority having jurisdiction
1942 over the highway.
1943 (3) An ordinance enacted under Subsection (1) (d), (e), (f), (g), (i), (j), (l), (m), (n),
1945 traffic ordinances are erected upon or at the entrances to the highway or part of it affected as is
1947 Section 29. Section 41-6a-209 , which is renumbered from Section 41-6-13 is
1948 renumbered and amended to read:
1951 (1) A person may not willfully fail or willfully refuse to comply with any lawful order
1952 or direction of [
1953 (a) peace officer[
1954 (b) firefighter;
1955 (c) flagger at a highway construction or maintenance site[
1956 procedures conforming to the standards adopted under Section 41-6a-301 ; or
1957 (d) uniformed adult school crossing guard invested by law with authority to direct,
1958 control, or regulate traffic.
1963 highway construction or maintenance site where workers are present [
1965 recommended fine schedule established under Section 76-3-301.5 [
1966 (b) The highway construction or maintenance site under Subsection [
1967 clearly marked and have signs posted that warn of the doubled fine.
1968 Section 30. Section 41-6a-210 , which is renumbered from Section 41-6-13.5 is
1969 renumbered and amended to read:
1971 Causing property damage or bodily injury -- Suspension of driver's license -- Forfeiture
1972 of vehicle -- Penalties.
1973 (1) (a) An operator who receives a visual or audible signal from a peace officer to bring
1974 the vehicle to a stop may not:
1975 (i) operate the vehicle in willful or wanton disregard of the signal so as to interfere with
1976 or endanger the operation of any vehicle or person; or
1977 (ii) attempt to flee or elude a peace officer by vehicle or other means.
1978 (b) (i) A person who violates Subsection (1)(a) is guilty of a felony of the third degree.
1979 (ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of
1980 not less than $1,000.
1982 serious bodily injury to another person, under circumstances not amounting to murder or
1983 aggravated murder, is guilty of a felony of the second degree.
1984 (b) The court shall, as part of any sentence under this Subsection (2), impose a fine of
1985 not less than $5,000.
1986 (3) (a) In addition to the penalty provided under this section or any other section, a
1987 person who violates Subsection (1)(a) or (2)(a) shall have the person's driver license revoked
1988 under Subsection 53-3-220 (1)(a)(ix) for a period of one year.
1989 (b) (i) The court shall forward the report of the conviction to the division.
1990 (ii) If the person is the holder of a driver license from another jurisdiction, [
1993 Section 31. Section 41-6a-211 , which is renumbered from Section 41-6-13.7 is
1994 renumbered and amended to read:
1996 (1) Any conveyance, including [
1997 used in violation of Section [
1998 under the procedures and substantive protections established in Title 24, Chapter 1, Utah
1999 Uniform Forfeiture Procedures Act.
2000 (2) Property subject to forfeiture under this section may be seized by [
2001 officer [
2002 (a) upon notice and service of process issued by [
2003 the property[
2004 (b) without notice and service of process [
2006 under an administrative inspection warrant;
2008 favor of the state in a criminal injunction or forfeiture proceeding under this section; or
2010 in violation of the provisions of Section [
2011 (3) (a) Property taken or detained under this section is not repleviable but is in custody
2013 court or the official having jurisdiction.
2014 (b) When property is seized under this section, the appropriate person or agency may:
2017 seized; or
2019 disposition in accordance with law.
2020 Section 32. Section 41-6a-212 , which is renumbered from Section 41-6-14 is
2021 renumbered and amended to read:
2023 -- Applicability of traffic law to highway work vehicles -- Exemptions.
2024 (1) Subject to Subsections (2) through (5), the operator of an authorized emergency
2025 vehicle may exercise the privileges granted under this section when:
2026 (a) responding to an emergency call;
2027 (b) in the pursuit of an actual or suspected violator of the law; or
2028 (c) responding to but not upon returning from a fire alarm.
2029 (2) The operator of an authorized emergency vehicle may:
2030 (a) park or stand, irrespective of the provisions of this chapter;
2031 (b) proceed past a red or stop signal or stop sign, but only after slowing down as may
2032 be necessary for safe operation;
2033 (c) exceed the maximum speed limits, unless prohibited by a local highway authority
2034 under Section 41-6a-208 ; or
2035 (d) disregard regulations governing direction of movement or turning in specified
2037 (3) Privileges granted under this section to the operator of an authorized emergency
2038 vehicle, who is not involved in a vehicle pursuit, apply only when:
2039 (a) the operator of the vehicle sounds an audible signal under Section [
2040 41-6a-1625 ; or
2041 (b) uses a visual signal [
2042 made under Section [
2044 vehicle involved in any vehicle pursuit apply only when:
2045 (a) the operator of the vehicle:
2046 (i) sounds an audible signal under Section [
2047 (ii) uses a visual signal [
2048 made under Section [
2049 (b) the public agency employing the operator of the vehicle has, in effect, a written
2050 policy which describes the manner and circumstances in which any vehicle pursuit should be
2051 conducted and terminated;
2052 (c) the operator of the vehicle has been trained in accordance with the written policy
2053 described in Subsection (4)(b); and
2054 (d) the pursuit policy of the public agency is in conformance with standards established
2056 (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2057 Department of Public Safety[
2059 emergency pursuit policies that are adopted by public agencies authorized to operate
2060 emergency pursuit vehicles.
2062 authorized emergency vehicle of the duty to act as a reasonably prudent emergency vehicle
2063 operator in like circumstances.
2065 and 41-6a-528 , this chapter does not apply to persons, motor vehicles, and other equipment
2066 while actually engaged in work [
2068 Section 33. Section 41-6a-213 , which is renumbered from Section 41-6-15 is
2069 renumbered and amended to read:
2073 who is driving [
2075 (2) Driver license sanctions for alcohol or drug related traffic offenses do not apply to a
2076 person specified under Subsection (1).
2077 Section 34. Section 41-6a-214 , which is renumbered from Section 41-6-17.5 is
2078 renumbered and amended to read:
2081 (1) As used in this section, "quasi-public road or parking area" means a
2082 privately-owned and maintained road or parking area that is generally held open for use of the
2083 public for purposes of vehicular travel or parking.
2084 (2) (a) Any municipality or county may by ordinance provide that a quasi-public road
2085 or parking area within the [
2086 (b) An ordinance may not be enacted under this section without:
2087 (i) a public hearing; and
2088 (ii) the agreement of a majority of the owners of the quasi-public road or parking area
2090 (3) [
2091 (a) supercedes conflicting provisions under Section 41-6a-215 ;
2092 (b) does not require a peace officer to patrol or enforce any provisions of this chapter
2093 on any quasi-public road or parking area[
2094 (c) does not affect the duty of a peace officer to enforce those provisions of this chapter
2095 applicable to private property other than under this section.
2096 Section 35. Section 41-6a-215 , which is renumbered from Section 41-6-18 is
2097 renumbered and amended to read:
2100 owner of real property used by the public for purposes of vehicular travel by permission of the
2101 owner and not as matter of right from:
2102 (1) prohibiting the use[
2103 (2) requiring other [
2104 specified in this chapter[
2107 Section 36. Section 41-6a-216 , which is renumbered from Section 41-6-19 is
2108 renumbered and amended to read:
2110 -- Notice to owner -- Penalty.
2111 (1) The owner of real property shall remove from his property any tree, plant, shrub, or
2112 other obstruction, or part of it[
2113 of [
2114 (2) When [
2115 determines [
2116 exists, it shall notify the owner and order that the hazard be removed within ten days.
2117 (3) The failure of the owner to remove the traffic hazard within ten days is a class C
2119 Section 37. Section 41-6a-217 , which is renumbered from Section 41-6-19.5 is
2120 renumbered and amended to read:
2123 (1) Any law enforcement agency authorized to enforce parking laws in this state may
2124 appoint volunteers to issue citations for violations of:
2125 (a) the provisions of Subsections 41-1a-414 (3) and (4) related to parking for a person
2126 with a disability;
2127 (b) any municipal or county accessible parking privileges ordinance for a person with a
2128 disability; or
2129 (c) the provisions of Subsection [
2130 school bus parking zone.
2131 (2) A volunteer appointed under this section must be at least 21 years of age.
2132 (3) The law enforcement agency appointing a volunteer may establish any other
2133 qualification for the volunteer that the agency finds desirable.
2134 (4) A volunteer may not issue citations until the volunteer has received training from
2135 the appointing law enforcement agency.
2137 citation issued by a peace officer for the same offense.
2138 Section 38. Section 41-6a-301 , which is renumbered from Section 41-6-20 is
2139 renumbered and amended to read:
2142 traffic-control devices and school crossing guards.
2143 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2144 Department of Transportation shall make rules[
2145 standards and establishing specifications for a uniform system of traffic-control devices used
2146 on a highway[
2150 (2) The standards and specifications adopted under Subsection (1)[
2151 (a) include provisions for school crossing zones and use of school crossing guards; and
2152 (b) correlate with, and where possible conform to, the system set forth in the most
2153 recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways"
2154 and other standards issued or endorsed by the federal highway administrator.
2155 Section 39. Section 41-6a-302 , which is renumbered from Section 41-6-21 is
2156 renumbered and amended to read:
2158 Restrictions on local authorities.
2160 highway authority shall place and maintain traffic-control devices:
2161 (1) in conformance with [
2162 adopted under Section 41-6a-301 on all [
2163 jurisdiction; and
2164 (2) as [
2165 (a) carry out the provisions of:
2166 (i) this chapter; or [
2168 (b) regulate, warn, or guide traffic.
2172 Section 40. Section 41-6a-303 , which is renumbered from Section 41-6-20.1 is
2173 renumbered and amended to read:
2175 warning lights -- School crossing guard requirements -- Responsibility provisions --
2176 Rulemaking authority.
2177 (1) As used in this section "reduced speed school zone" means a designated length of a
2178 highway extending from a school zone speed limit sign [
2179 operating to an end school zone sign.
2180 (2) The Department of Transportation for state highways and local highway authorities
2181 for highways under their jurisdiction:
2182 (a) shall establish reduced speed school zones at elementary schools after written
2183 assurance by a local highway authority that the local highway authority complies with
2184 Subsections (3) and (4); and
2185 (b) may establish reduced speed school zones for secondary schools at the request of
2186 the local highway authority.
2187 (3) For all reduced speed school zones on highways, including state highways within
2188 the jurisdictional boundaries of a local highway authority, the local highway authority shall:
2189 (a) (i) provide shuttle service across highways for school children; or
2190 (ii) provide, train, and supervise school crossing guards in accordance with this
2192 (b) provide for the:
2193 (i) operation of reduced speed school zones, including providing power to warning
2194 lights and turning on and off the warning lights as required under Subsections (4) and (5); and
2195 (ii) maintenance of reduced speed school zones except on state highways as provided
2196 in Section [
2197 (c) notify the Department of Transportation of reduced speed school zones on state
2199 (4) While children are going to or leaving school during opening and closing hours all
2200 reduced speed school zones shall have:
2201 (a) the warning lights operating on each school zone speed limit sign; and
2202 (b) a school crossing guard present if the reduced speed school zone is for an
2203 elementary school.
2204 (5) The warning lights on a school zone speed limit sign may not be operating except
2205 as provided under Subsection (4).
2206 (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
2207 Department of Transportation shall make rules establishing criteria and specifications for the:
2208 (a) establishment, location, and operation of school crosswalks, school zones, and
2209 reduced speed school zones;
2210 (b) training, use, and supervision of school crossing guards at elementary schools and
2211 secondary schools; and
2212 (c) content and implementation of child access routing plans under Section 53A-3-402 .
2213 (7) Each local highway authority shall pay for providing, training, and supervising
2214 school crossing guards in accordance with this section.
2215 Section 41. Section 41-6a-304 , which is renumbered from Section 41-6-23 is
2216 renumbered and amended to read:
2218 illegibility, or absence -- Presumption of lawful placement and compliance with chapter.
2219 (1) [
2220 under Section 41-6a-209 and except as provided under Section 41-6a-212 for authorized
2221 emergency vehicles, the operator of a vehicle shall obey the instructions of any [
2222 traffic-control device placed or held in accordance with this chapter [
2225 (2) (a) Any provision of this chapter, for which [
2226 device is required, may not be enforced [
2227 the alleged violation [
2228 sufficiently legible to be seen by an ordinarily observant person.
2231 provisions of this chapter are effective independently of the placement of a traffic-control
2232 device unless the provision requires the placement of a traffic-control device prior to its
2234 (3) [
2235 approximately conforming to the requirements of this chapter[
2236 have been placed or held by the official act or direction of a highway authority or other lawful
2237 authority, unless the contrary is established by competent evidence.
2238 (4) [
2239 purporting to conform to the lawful requirements [
2240 to comply with the requirements of this chapter, unless the contrary is established by competent
2242 Section 42. Section 41-6a-305 , which is renumbered from Section 41-6-24 is
2243 renumbered and amended to read:
2245 than intersection -- Color of light signal -- Inoperative traffic-control signals.
2246 (1) (a) Green, red, and yellow are the only colors that may be used in a traffic-control
2248 (i) pedestrian [
2249 (ii) rail [
2250 (b) Traffic-control signals [
2252 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the operator of a vehicle facing a
2253 circular green signal may:
2254 (A) proceed straight through the intersection;
2255 (B) turn right; or
2256 (C) turn left.
2257 (ii) The operator of a vehicle facing a circular green signal, including an operator
2258 turning right or left:
2259 (A) shall yield the right-of-way to other vehicles and to pedestrians lawfully within the
2261 (B) may not turn right or left if a sign at the intersection prohibits the turn.
2262 (b) The operator of a vehicle facing a green arrow signal shown alone or in
2263 combination with [
2264 (i) may cautiously enter the intersection only to make the movement indicated by the
2265 arrow or other indication shown at the same time; and
2266 (ii) shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk
2267 and to other traffic lawfully using the intersection.
2268 (c) Unless otherwise directed by a [
2269 under Section [
2270 a green turn arrow may proceed across the roadway within any marked or unmarked crosswalk.
2271 (3) (a) The operator of a vehicle facing a steady circular yellow or yellow arrow signal
2272 is warned that the allowable movement related to a green signal is being terminated.
2273 (b) Unless otherwise directed by a [
2274 under Section [
2275 arrow signal is advised that there is insufficient time to cross the roadway before a red
2276 indication is shown, and a pedestrian may not start to cross the roadway.
2277 (4) (a) Except as provided in Subsection (4)(c), the operator of a vehicle facing a
2278 steady circular red or red arrow signal:
2279 (i) may not enter the intersection unless entering the intersection to make a movement
2280 is permitted by another indication; and
2281 (ii) shall stop at a clearly marked stop line, but if none, before entering the marked or
2282 unmarked crosswalk on the near side of the intersection and shall remain stopped until an
2283 indication to proceed is shown.
2284 (b) Unless otherwise directed by a [
2285 under Section [
2286 the roadway.
2287 (c) (i) Except when facing a red arrow signal or when a sign is in place prohibiting a
2288 turn, the operator of a vehicle facing any steady circular red signal may cautiously enter the
2289 intersection to turn right, or may turn left from a one-way street into a one-way street, after
2290 stopping as required by Subsection (4)(a).
2292 (A) [
2293 with an official traffic-control signal; and
2294 (B) [
2295 (5) (a) This section applies to a highway or rail line where [
2296 signal is erected and maintained [
2297 (b) Any stop required shall be made at a sign or marking on the highway pavement
2298 indicating where the stop shall be made, but, in the absence of any sign or marking, the stop
2299 shall be made at the signal.
2300 (6) The operator of a vehicle approaching an intersection that has an [
2301 inoperative traffic-control signal [
2302 (a) stop before entering the intersection; and [
2303 (b) yield the right-of-way to any vehicle as required under Section [
2304 41-6a-901 .
2305 Section 43. Section 41-6a-306 , which is renumbered from Section 41-6-25 is
2306 renumbered and amended to read:
2310 (1) A pedestrian facing a steady "Walk" or symbol of "Walking Person" [
2312 proceed across the roadway in the direction of the signal.
2313 (2) A pedestrian facing a flashing "Don't Walk" or "Upraised Hand" [
2315 direction of the signal, but a pedestrian who has partially completed [
2316 signal shall proceed to a sidewalk or safety island [
2318 (3) A pedestrian facing a steady "Don't Walk" or "Upraised Hand" [
2319 pedestrian traffic-control signal may not enter the roadway in the direction of the signal.
2320 Section 44. Section 41-6a-307 , which is renumbered from Section 41-6-26 is
2321 renumbered and amended to read:
2323 operators -- Railroad grade crossings excluded.
2325 crossing, the:
2326 (1) operator of a vehicle facing an illuminated flashing red [
2327 used in a [
2330 entering the crosswalk on the nearest side of the intersection, or if none, then at a point nearest
2331 the intersecting roadway where the operator has a view of approaching traffic on the
2332 intersecting roadway before entering[
2333 (2) right to proceed is subject to the rules applicable after making a stop at a stop
2337 (3) operator of a vehicle facing an illuminated flashing yellow caution signal may
2338 cautiously proceed through the intersection or cautiously proceed past the signal [
2342 Section 45. Section 41-6a-308 , which is renumbered from Section 41-6-26.5 is
2343 renumbered and amended to read:
2347 control individual lane use shall obey the signal as follows:
2348 (1) Green signal -- vehicular traffic may travel in any lane over which a green signal is
2350 (2) Steady yellow signal -- vehicular traffic is warned that a lane control change is
2351 being made.
2352 (3) Steady red signal -- vehicular traffic may not enter or travel in any lane over which
2354 (4) Flashing yellow signal -- vehicular traffic may use the lane only for the purpose of
2355 approaching and making a left turn.
2356 Section 46. Section 41-6a-309 , which is renumbered from Section 41-6-27 is
2357 renumbered and amended to read:
2359 markings -- Commercial advertising -- Public nuisance -- Removal.
2360 (1) [
2361 display upon or in view of any highway any unauthorized sign, signal, light, marking, or device
2363 (a) purports to be [
2364 traffic-control device or railroad sign or signal, or authorized emergency vehicle flashing light[
2368 traffic-control device or any railroad sign or signal; or
2370 (d) blinds or dazzles an operator on any adjacent highway.
2371 (2) [
2372 person may not place or maintain [
2376 (3) The provisions of Subsections (1) and (2) do not prohibit [
2377 on private property adjacent to [
2378 directional information [
2379 a traffic-control device.
2381 nuisance and the highway authority having jurisdiction over the [
2382 remove it or cause it to be removed without notice.
2383 Section 47. Section 41-6a-310 , which is renumbered from Section 41-6-1.5 is
2386 (1) The commissioner of the Department of Public Safety may make rules, consistent
2387 with this chapter, governing the use, in emergencies, of signal lights on [
2388 privately owned vehicles.
2389 (2) The rules under Subsection (1) may [
2392 Section 48. Section 41-6a-311 , which is renumbered from Section 41-6-28 is
2393 renumbered and amended to read:
2395 Traffic signal preemption device prohibited -- Exceptions -- Defense.
2401 damage, knock down, or remove any:
2402 (a) [
2403 (b) [
2404 (c) [
2406 (a) knowingly use a traffic signal preemption device to interfere with the authorized
2407 operation or the authorized cycle of a traffic-control signal; or
2408 (b) operate a motor vehicle on a highway while in possession of a traffic signal
2409 preemption device.
2411 authorized by the highway authority or railroad authority with jurisdiction over the device.
2413 traffic signal preemption device was inoperative and could not be readily used at the time of the
2414 citation or arrest.
2416 renumbered and amended to read:
2419 Duties of operator, occupant, and owner -- Exchange of information -- Notification of law
2420 enforcement -- Penalties.
2421 (1) The operator of a vehicle involved in an accident resulting in injury to or death of
2423 (a) immediately stop the vehicle at the scene of the accident or as close as possible
2424 without obstructing traffic more than is necessary; and
2425 (b) remain at the scene of the accident until the operator has fulfilled the requirements
2426 of this section.
2427 (2) If the vehicle or other property is operated, occupied, or attended by any person or
2428 if the owner of the vehicle or property is present, the operator of the vehicle involved in the
2429 accident shall:
2430 (a) give to the persons involved [
2431 number of the vehicle [
2432 (b) upon request and if available, exhibit [
2433 (i) any investigating peace officer present;
2434 (ii) the person struck;
2435 (iii) the operator, occupant of, or person attending the vehicle or other property
2436 damaged in the accident; and
2437 (iv) the owner of property damaged in the accident, if present; and
2438 (c) render to any person injured in the [
2439 including [
2440 injured person to a physician[
2441 (i) it is apparent that treatment is necessary; or [
2442 (ii) transportation is requested by the injured person.
2445 shall immediately and by the quickest means of communication available give notice or cause
2447 accident resulted in:
2448 (a) injury or death of any person; or
2449 (b) property damage to an apparent extent of $1,000 or more.
2450 (4) The occupant of a vehicle involved in an accident who is not the operator of the
2451 vehicle shall give or cause to give the immediate notice required under Subsection (3) if:
2452 (a) the operator of a vehicle involved in an accident is physically incapable of giving
2455 (b) the occupant [
2456 immediate notice[
2462 (5) If the vehicle or other property is unattended, the operator of the vehicle involved in
2463 the accident shall:
2464 (a) locate and notify the operator or owner of the vehicle or the owner of other property
2465 damaged in the accident of the operator's name, address, and the registration number of the
2466 vehicle causing the damage; or
2467 (b) attach securely in a conspicuous place on the vehicle or other property a written
2468 notice giving the operator's name, address, and the registration number of the vehicle causing
2469 the damage.
2470 (6) (a) A person who violates the provisions of Subsection (1) is guilty of a class A
2471 misdemeanor and shall be fined not less than $750 if the accident results in injury or death of a
2473 (b) A person who violates the provisions of Subsection (1) is guilty of a class B
2474 misdemeanor if the accident results only in damage to a vehicle or other property.
2475 (c) A person who violates the provision of Subsection (5) is guilty of a class B
2478 renumbered and amended to read:
2480 officer to forward or render.
2481 (1) The department may require any operator of a vehicle involved in an accident
2482 resulting in injury to or death of any person or total property damage to the apparent extent of
2483 $1,000 or more to file within ten days after the request:
2484 (a) a report of the accident to the department in a manner specified by the department
2486 (b) a supplemental report when the original report is insufficient in the opinion of the
2488 (2) The department may require witnesses of accidents to [
2490 (3) (a) An accident report is not required under this section from any person who is
2491 physically incapable of making a report, during [
2492 (b) If the operator is physically incapable of making an accident report under this
2493 section and the operator is not the owner of the vehicle, the owner of the vehicle involved in
2494 the accident shall within 15 days after becoming aware of the accident make the report required
2495 of the operator under this section.
2496 (4) (a) The department shall, upon request, supply to law enforcement agencies,
2497 H. [
2497a agencies or individuals forms for
2498 accident reports required under this part.
2499 (b) A request for an accident report form under Subsection (4)(a) shall be made in a
2500 manner specified by the division.
2501 (c) The accident reports shall:
2502 (i) provide sufficient detail to disclose the cause, conditions then existing, and the
2503 persons and vehicles involved in the accident; and
2504 (ii) contain all of the information required that is available.
2505 (5) (a) A person shall file an accident report if required under this section.
2506 (b) The department shall suspend the license or permit to operate a motor vehicle and
2507 any nonresident operating privileges of any person failing to file an accident report in
2509 (c) The suspension under Subsection (5)(b) shall be in effect until the report has been
2510 filed except that the department may extend the suspension not to exceed 30 days.
2512 motor vehicle accident described under Subsection (1) shall file the original or an electronic
2513 copy of the report of the accident with the department within ten days after completing the
2515 (b) The accident report shall be made either at the time of and at the scene of the
2516 accident or later by interviewing participants or witnesses.
2518 section and the information in them are protected and confidential and may be disclosed only
2519 as provided in Section [
2520 (8) (a) In addition to the reports required under this part, a local highway authority
2521 may, by ordinance, require that for each accident that occurs within its jurisdiction, the operator
2522 of a vehicle involved in an accident, or the owner of the vehicle involved in an accident, shall
2523 file with the local law enforcement agency a report of the accident or a copy of any report
2524 required to be filed with the department under this part.
2525 (b) All reports are for the confidential use of the municipal department and are subject
2526 to the provisions of Section 41-6a-404 .
2527 Section 51. Section 41-6a-403 , which is renumbered from Section 41-6-35.5 is
2528 renumbered and amended to read:
2530 security -- Agency action if no security -- Surrender of plates -- Penalties.
2531 (1) (a) Upon request of a peace officer investigating an accident involving a motor
2532 vehicle, the operator of the motor vehicle shall provide evidence of the owner's or operator's
2533 security required under Section 41-12a-301 .
2534 (b) The evidence of owner's or operator's security includes information specified under
2535 Section 41-12a-303.2 .
2536 (2) The peace officer shall record on a form approved by the department:
2537 (a) the information provided by the operator;
2538 (b) whether the operator provided insufficient or no information;
2540 is not correct; and
2541 (d) whether other information available to the peace officer indicates that owner's or
2542 operator's security is in effect.
2543 (3) The peace officer shall deposit all completed forms with [
2544 law enforcement agency, which shall forward the forms to the department no later than ten
2545 days after receipt.
2546 (4) (a) The department shall within ten days of receipt of the forms from the law
2547 enforcement agency take action as follows:
2549 information available to the peace officer does not indicate that owner's or operator's security is
2550 in effect, the department shall take direct action under Subsection 53-3-221 (12)[
2552 reasonable cause to believe that the information given under Subsection (1) is not correct, the
2553 department shall contact directly the insurance company or other provider of security as
2554 described in [
2555 the information submitted as of the date of the [
2558 to be in a form specified by the department.
2560 verification to the department within 30 days of receipt of the request.
2562 the request, or within the 35 days receives notice that the information was not correct, the
2563 department shall take action under Subsection 53-3-221 (12).
2564 (5) (a) The owner of a vehicle with unexpired license plates for which security is not
2565 provided as required under this chapter shall return the plates for the vehicle to the Motor
2566 Vehicle Division unless specifically permitted by statute to retain them.
2567 (b) If the owner fails to return the plates as required, [
2568 confiscated under Section 53-3-226 .
2569 (6) [
2585 $100, who:
2586 (a) when requested to provide security information under Subsection (1), or Section
2587 41-12a-303.2 , provides false information;
2588 (b) falsely represents to the department that security required under this chapter is in
2589 effect; or
2590 (c) sells a vehicle to avoid the penalties of this section as applicable either to himself or
2591 a third party.
2592 Section 52. Section 41-6a-404 , which is renumbered from Section 41-6-40 is
2593 renumbered and amended to read:
2595 policy information -- Use as evidence -- Penalty for false information.
2596 (1) As used in this section:
2597 (a) "Agent" means a person's:
2598 (i) attorney;
2599 (ii) insurer; or
2600 (iii) any other individual or entity with signed permission from the person to receive
2602 (b) "Accompanying data" means all materials gathered by the investigating peace
2603 officer in an accident investigation including:
2604 (i) the identity of witnesses and, if known, contact information;
2605 (ii) witness statements;
2606 (iii) photographs and videotapes;
2607 (iv) diagrams; and
2608 (v) field notes.
2609 (2) Except as provided in Subsection (3), all accident reports required in this [
2610 part to be filed with the department:
2611 (a) are without prejudice to the reporting individual;
2612 (b) are protected and for the confidential use of the department or other state, local, or
2613 federal agencies having use for the records for official governmental statistical, investigative,
2614 and accident prevention purposes; and
2615 (c) may be disclosed only in a statistical form that protects the privacy of any person
2616 involved in the accident.
2617 (3) (a) Subject to the provisions of this section, the department or the responsible law
2618 enforcement agency employing the peace officer that investigated the accident shall disclose an
2619 accident report to:
2620 (i) a person involved in the accident, excluding a witness to the accident;
2621 (ii) a person suffering loss or injury in the accident;
2622 (iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i)
2623 and (ii);
2624 (iv) subject to Subsection (3)(d), a member of the press or broadcast news media;
2625 (v) a state, local, or federal agency that uses the records for official governmental,
2626 investigative, or accident prevention purposes;
2627 (vi) law enforcement personnel when acting in their official governmental capacity;
2629 (vii) a licensed private investigator.
2630 (b) The responsible law enforcement agency employing the peace officer that
2631 investigated the accident:
2633 (A) disclose an accident report; or
2634 (B) upon written request disclose an accident report and its accompanying data within
2635 ten business days from receipt of a written request for disclosure; or
2636 (ii) may withhold an accident report, and any of its accompanying data if disclosure
2637 would jeopardize an ongoing criminal investigation or criminal prosecution.
2638 (c) In accordance with Subsection (3)(a), the department or the responsible law
2639 enforcement agency employing the investigating peace officer shall disclose whether any
2640 person or vehicle involved in an accident reported under this section was covered by a vehicle
2641 insurance policy, and the name of the insurer.
2642 (d) Information provided to a member of the press or broadcast news media under
2643 Subsection (3)(a)(iv) may only include:
2644 (i) the name, age, sex, and city of residence of each person involved in the accident;
2645 (ii) the make and model year of each vehicle involved in the accident;
2646 (iii) whether or not each person involved in the accident was covered by a vehicle
2647 insurance policy;
2648 (iv) the location of the accident; and
2649 (v) a description of the accident that excludes personal identifying information not
2650 listed in Subsection (3)(d)(i).
2651 (e) The department shall disclose to any requesting person the following vehicle
2652 accident history information, excluding personal identifying information, in bulk electronic
2654 (i) any vehicle identifying information that is electronically available, including the
2655 make, model year, and vehicle identification number of each vehicle involved in an accident;
2656 (ii) the date of the accident; and
2657 (iii) any electronically available data which describes the accident, including a
2658 description of any physical damage to the vehicle.
2659 (f) The department may establish a fee under Section 63-38-3.2 based on the fair
2660 market value of the information for providing bulk vehicle accident history information under
2661 Subsection (3)(e).
2662 (4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
2664 (b) (i) Upon demand of any party to the trial or upon demand of any court, the
2665 department shall furnish a certificate showing that a specified accident report has or has not
2666 been made to the department in compliance with law.
2667 (ii) If the report has been made, the certificate furnished by the department shall show:
2668 (A) the date, time, and location of the accident[
2669 (B) the names and addresses of the drivers[
2670 (C) the owners of the vehicles involved[
2671 (D) the investigating peace officers.
2672 (iii) The reports may be used as evidence when necessary to prosecute charges filed in
2673 connection with a violation of Subsection (5).
2674 (5) A person who gives information in reports as required in this [
2675 knowing or having reason to believe that the information is false is guilty of a class A
2677 (6) The department and the responsible law enforcement agency employing the
2678 investigating peace officer may charge a reasonable fee determined by the department under
2679 Section 63-38-3.2 for the cost incurred in disclosing an accident report or an accident report
2680 and any of its accompanying data under Subsections (3)(a) and (b).
2681 Section 53. Section 41-6a-405 , which is renumbered from Section 41-6-39 is
2682 renumbered and amended to read:
2684 damage sticker.
2685 (1) (a) The person in charge of any garage or repair shop [
2686 report to the nearest law enforcement agency within 24 hours of receiving a vehicle which
2687 shows evidence of having been:
2688 (i) involved in an accident for which an accident report may be requested under Section
2690 (ii) struck by any bullet[
2693 (b) The report required under Subsection (1)(a) shall include the:
2695 (ii) registration number[
2696 (iii) name and address of the owner or operator of the vehicle.
2697 (2) If a damaged vehicle sticker describing the damage is affixed to the vehicle by a
2698 peace officer, a report under [
2699 Section 54. Section 41-6a-406 , which is renumbered from Section 41-6-41 is
2700 renumbered and amended to read:
2703 (1) The department [
2704 (2) (a) The department shall tabulate and publish [
2707 (b) The publication under Subsection (2)(a) shall be at least annually.
2708 Section 55. Section 41-6a-407 , which is renumbered from Section 41-6-38 is
2709 renumbered and amended to read:
2711 for damages.
2712 (1) (a) A person [
2713 not willfully or negligently permit any of the livestock to stray or remain unaccompanied [
2715 highway are [
2717 (b) Subsection (1)(a) does not apply to range stock drifting onto any highway [
2719 (2) (a) A person may not drive any livestock upon, over, or across any highway during
2720 the period from half an hour after sunset to half an hour before sunrise[
2721 (b) Subsection (2)(a) does not apply if the person has a sufficient number of herders
2722 with warning lights on continual duty to open the road to permit the passage of vehicles.
2723 (3) In any civil action brought [
2726 presumption that the collision was due to negligence on behalf of the owner or the person in
2727 possession of the domestic animal or livestock.
2728 Section 56. Section 41-6a-408 , which is renumbered from Section 41-6-38.5 is
2729 renumbered and amended to read:
2731 livestock or broken fence involved -- Exempt from liability.
2732 (1) A peace officer investigating an accident resulting in injury or death of any
2733 livestock shall make reasonable efforts as soon as possible to locate the owner of the livestock
2734 and inform the owner of the injured or dead animal.
2735 (2) A peace officer investigating an accident resulting in a broken fence, if it appears
2736 the fence contains or controls the movement of livestock, shall make reasonable efforts as soon
2737 as possible to locate the owner of the property and inform the owner of the broken fence.
2738 (3) (a) Civil or criminal liability for claims does not arise against any peace officer for
2739 failure to locate the owner of the livestock or property. [
2740 (b) Subsection (3)(a) does not preclude disciplinary action by the [
2741 enforcement agency against a peace officer for failure to perform duties required by this
2743 Section 57. Section 41-6a-501 is enacted to read:
2745 41-6a-501. Definitions.
2746 (1) As used in this part:
2747 (a) "Assessment" means an in-depth clinical interview with a licensed mental health
2749 (i) used to determine if a person is in need of:
2750 (A) substance abuse treatment that is obtained at a substance abuse program;
2751 (B) an educational series; or
2752 (C) a combination of Subsections (1)(a)(i)(A) and (B); and
2753 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
2754 with Section 62A-15-105 .
2755 (b) "Educational series" means an educational series obtained at a substance abuse
2757 with Section 62A-15-105 .
2758 (c) "Negligence" means simple negligence, the failure to exercise that degree of care
2759 that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
2760 (d) "Screening" means a preliminary appraisal of a person:
2761 (i) used to determine if the person is in need of:
2762 (A) an assessment; or
2763 (B) an educational series; and
2764 (ii) that is approved by the Board of Substance Abuse and Mental Health in accordance
2765 with Section 62A-15-105 .
2766 (e) "Serious bodily injury" means bodily injury that creates or causes:
2767 (i) serious permanent disfigurement;
2768 (ii) protracted loss or impairment of the function of any bodily member or organ; or
2769 (iii) a substantial risk of death.
2770 (f) "Substance abuse treatment" means treatment obtained at a substance abuse
2771 program that is approved by the Board of Substance Abuse and Mental Health in accordance
2772 with Section 62A-15-105 .
2773 (g) "Substance abuse treatment program" means a state licensed substance abuse
2775 (h) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
2776 Section 41-6a-102 ; and
2777 (ii) "Vehicle" or "motor vehicle" includes:
2778 (A) an off-highway vehicle as defined under Section 41-22-2 ; and
2779 (B) a motorboat as defined in Section 73-18-2 .
2780 (2) As used in Section 41-6a-503 :
2781 (a) "Conviction" means any conviction for a violation of:
2782 (i) driving under the influence under Section 41-6a-502 ;
2783 (ii) alcohol, any drug, or a combination of both-related reckless driving under Sections
2784 S [
2785 (iii) driving with any measurable controlled substance that is taken illegally in the body
2786 under Section 41-6a-517 ;
2788 combination of both-related reckless driving adopted in compliance with Section 41-6a-510 ;
2789 (v) automobile homicide under Section 76-5-207 ;
2790 (vi) Subsection 58-37-8 (2)(g);
2791 (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
2792 conviction is reduced under Section 76-3-402 ; or
2793 (viii) statutes or ordinances previously in effect in this state or in effect in any other
2794 state, the United States, or any district, possession, or territory of the United States which
2795 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
2796 both-related reckless driving if committed in this state, including punishments administered
2797 under 10 U.S.C. Sec. 815.
2798 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
2799 through (viii) which plea is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is
2800 the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed
2801 in accordance with the plea in abeyance agreement, for purposes of:
2802 (i) enhancement of penalties under:
2803 (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
2804 (B) automobile homicide under Section 76-5-207 ; and
2805 (ii) expungement under Section 77-18-12 .
2806 Section 58. Section 41-6a-502 , which is renumbered from Section 41-6-44 is
2807 renumbered and amended to read:
2809 combination of both or with specified or unsafe blood alcohol concentration.
2866 within this state if the person:
2868 shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the
2869 time of the test;
2871 alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle;
2874 of operation or actual physical control; or
2882 within ten years of a prior conviction[
2884 (iv) (A) has sufficient alcohol in the person's body that a subsequent chemical test
2885 shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the
2886 time of the test; or
2887 (B) has a blood or breath alcohol concentration of .05 grams or greater at the time of
2888 operation or actual physical control[
2895 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of
2896 alcohol per 210 liters of breath.