First Substitute H.B. 73

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 5, 2009 at 11:12 AM by ddonat. -->

Representative Fred R Hunsaker proposes the following substitute bill:

1 VEHICLE OPERATOR TURN OFF
2 REQUIREMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Fred R Hunsaker
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by establishing vehicle operator turn off
11 requirements and responsibilities on certain highways.
12 Highlighted Provisions:
13 This bill:
14 . defines slow moving vehicle;
15 . requires an operator of a slow-moving vehicle causing a line of five or more
16 vehicles behind the operator's vehicle on a highway with one lane in each direction
17 to:
18 . turn off the roadway where a safe turn-out exists; and
19 . permit the following vehicles to pass;
20 . provides that the operator of certain vehicles is exempt from the requirement to turn
21 off the roadway and permit the vehicles following behind the operator's vehicle to
22 pass; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None

26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 41-6a-704, as last amended by Laws of Utah 2008, Chapter 350
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 41-6a-704 is amended to read:
34 41-6a-704. Overtaking and passing vehicles proceeding in same direction.
35 (1) As used in this section, "slow moving vehicle" means a vehicle that is proceeding at
36 a rate of speed less than the normal flow of traffic at the particular time and place.
37 [(1)] (2) (a) On any highway:
38 (i) the operator of a vehicle overtaking another vehicle proceeding in the same
39 direction shall:
40 (A) except as provided under Section 41-6a-705 , promptly pass the overtaken vehicle
41 on the left at a safe distance; and
42 (B) enter a right-hand lane or the right side of the roadway only when safely clear of the
43 overtaken vehicle; and
44 (ii) the operator of an overtaken vehicle:
45 (A) shall give way to the right in favor of the overtaking vehicle; and
46 (B) may not increase the speed of the vehicle until completely passed by the overtaking
47 vehicle.
48 (b) The exemption from the minimum speed regulations for a vehicle operating on a
49 grade under Section 41-6a-605 does not exempt the vehicle from promptly passing a vehicle as
50 required under Subsection [(1)] (2)(a)(i)(A).
51 (3) (a) Except as provided in Subsection (3)(b), on a highway with one lane in each
52 direction, the operator of a slow moving vehicle that is causing a line of five or more vehicles
53 to form directly behind the operator's slow moving vehicle shall:
54 (i) turn off the roadway wherever sufficient area for a safe turn-out exists; and
55 (ii) permit the vehicles following behind the operator's slow moving vehicle to pass
56 before proceeding.

57 (b) An operator of a motor vehicle is exempt from the requirement under Subsection
58 (3)(a) to turn off the roadway and permit the vehicles following behind the operator's vehicle to
59 pass if the operator is operating:
60 (i) a commercial vehicle as defined in Section 72-9-102 ; H. [ or ] .H
61 (ii) any vehicle used in the routine maintenance and operations of a roadway H. ; or
61a (iii) a public transit vehicle used for public transportation purposes .H .
62 [(2)] (4) On a highway having more than one lane in the same direction, the operator of
63 a vehicle traveling in the left general purpose lane:
64 (a) shall, upon being overtaken by another vehicle in the same lane, yield to the
65 overtaking vehicle by moving safely to a lane to the right; and
66 (b) may not impede the movement or free flow of traffic in the left general purpose
67 lane.
68 [(3)] (5) An operator of a vehicle traveling in the left general purpose lane that has a
69 vehicle following directly behind the operator's vehicle at a distance so that less than two
70 seconds elapse before reaching the location of the operator's vehicle when space is available for
71 the operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie
72 evidence that the operator is violating Subsection [(2)] (4).
73 [(4)] (6) The provisions of Subsection [(2)] (4) do not apply to an operator of a vehicle
74 traveling in the left general purpose lane when:
75 (a) overtaking and passing another vehicle proceeding in the same direction in
76 accordance with Subsection [(1)] (2)(a)(i);
77 (b) preparing to turn left or taking a different highway or an exit on the left;
78 (c) responding to emergency conditions;
79 (d) avoiding actual or potential traffic moving onto the highway from an acceleration
80 or merging lane; or
81 (e) following the direction of a traffic-control device that directs the use of a designated
82 lane.