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H.B. 423 Enrolled
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8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by prohibiting a local highway authority
11 from enacting certain provisions.
12 Highlighted Provisions:
13 This bill:
14 . provides that a local highway authority may not prohibit or restrict the use of a
15 cellular phone by the operator or passenger of a motor vehicle; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-208, as renumbered and amended by Chapter 2, Laws of Utah 2005
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-208 is amended to read:
27 41-6a-208. Regulatory powers of local highway authorities -- Traffic-control
28 device affecting state highway -- Necessity of erecting traffic-control devices.
29 (1) The provisions of this chapter do not prevent a local highway authority for a
30 highway under its jurisdiction and within the reasonable exercise of police power, from:
31 (a) regulating or prohibiting stopping, standing, or parking;
32 (b) regulating traffic by means of a peace officer or a traffic-control device;
33 (c) regulating or prohibiting processions or assemblages on a highway;
34 (d) designating particular highways or roadways for use by traffic moving in one
35 direction under Section 41-6a-709 ;
36 (e) establishing speed limits for vehicles in public parks, which supersede Section
37 41-6a-603 regarding speed limits;
38 (f) designating any highway as a through highway or designating any intersection or
39 junction of roadways as a stop or yield intersection or junction;
40 (g) restricting the use of a highway under Section 72-7-408 ;
41 (h) regulating the operation of a bicycle and requiring the registration and inspection of
42 bicycles, including requiring a registration fee;
43 (i) regulating or prohibiting:
44 (i) certain turn movements of a vehicle; or
45 (ii) specified types of vehicles;
46 (j) altering or establishing speed limits under Section 41-6a-603 ;
47 (k) requiring written accident reports under Section 41-6a-403 ;
48 (l) designating no-passing zones under Section 41-6a-708 ;
49 (m) prohibiting or regulating the use of controlled-access [
50 class or kind of traffic under Section 41-6a-715 ;
51 (n) prohibiting or regulating the use of heavily traveled streets by any class or kind of
52 traffic found to be incompatible with the normal and safe movement of traffic;
53 (o) establishing minimum speed limits under Subsection 41-6a-605 (3);
54 (p) prohibiting pedestrians from crossing a highway in a business district or any
55 designated highway except in a crosswalk under Section 41-6a-1001 ;
56 (q) restricting pedestrian crossings at unmarked crosswalks under Section 41-6a-1010 ;
57 (r) regulating persons upon skates, coasters, sleds, skateboards, and other toy vehicles;
58 (s) adopting and enforcing temporary or experimental ordinances as necessary to cover
59 emergencies or special conditions;
60 (t) prohibiting drivers of ambulances from exceeding maximum speed limits; or
61 (u) adopting other traffic ordinances as specifically authorized by this chapter.
62 (2) [
63 (a) in accordance with Title 72, Chapter 3, Part 1, Highways in General, [
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65 which regulates the traffic on a highway not under the local highway authority's jurisdiction,
66 unless written approval is obtained from the highway authority having jurisdiction over the
67 highway[
68 (b) prohibit or restrict the use of a cellular phone by the operator or passenger of a
69 motor vehicle.
70 (3) An ordinance enacted under Subsection (1) (d), (e), (f), (g), (i), (j), (l), (m), (n), or
71 (q) is not effective until official traffic-control devices giving notice of the local traffic
72 ordinances are erected upon or at the entrances to the highway or part of it affected as is
73 appropriate.
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