Download Zipped Introduced WordPerfect HB0317.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code.
10 Highlighted Provisions:
11 This bill:
12 . clarifies that a person who fails to meet certain requirements when approaching an
13 emergency vehicle shall attend an approved four hour live classroom defensive
14 driving course;
15 . provides that a person who fails to attend a classroom course within 90 days of
16 sentencing for or pleading guilty to certain violations, shall have the person's driver
17 license suspended for a period of 90 days;
18 . provides that the division shall shorten the 90-day suspension period effective
19 immediately upon receiving a certificate of attendance of the required classroom
20 course if the certificate of attendance is received prior to completion of the
21 suspension period;
22 . provides that a person whose license is suspended is required to pay certain license
23 reinstatement fees, even if the suspension is shortened;
24 . provides rulemaking authority for the Driver License Division; and
25 . makes conforming changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 41-6a-904, as last amended by Laws of Utah 2011, Chapter 183
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 41-6a-904 is amended to read:
36 41-6a-904. Approaching emergency vehicle -- Necessary signals -- Stationary
37 emergency vehicle -- Duties of respective operators.
38 (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
39 the immediate approach of an authorized emergency vehicle using audible or visual signals
40 under Section 41-6a-212 or 41-6a-1625 , shall:
41 (a) yield the right-of-way and immediately move to a position parallel to, and as close
42 as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
43 (b) then stop and remain stopped until the authorized emergency vehicle has passed.
44 (2) The operator of a vehicle, upon approaching a stationary authorized emergency
45 vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
46 (a) reduce the speed of the vehicle;
47 (b) provide as much space as practical to the stationary authorized emergency vehicle;
49 (c) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
50 practical, with due regard to safety and traffic conditions, make a lane change into a lane not
51 adjacent to the authorized emergency vehicle.
52 (3) The operator of a vehicle, upon approaching a stationary tow truck or highway
53 maintenance vehicle that is displaying flashing amber lights, shall:
54 (a) reduce the speed of the vehicle; and
55 (b) provide as much space as practical to the stationary tow truck or highway
56 maintenance vehicle.
57 (4) This section does not relieve the operator of an authorized emergency vehicle, tow
58 truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
59 persons using the highway.
60 (5) (a) (i) In addition to the penalties prescribed under Section 41-6a-202 , [
62 classroom defensive driving course [
64 (A) Driver License Division; or
65 (B) a court [
66 (ii) Upon completion of the four hour live classroom course under Subsection (5)(a)(i),
67 the person shall provide to the Driver License Division a certificate of attendance of the
68 classroom course.
69 (b) [
72 Driver License Division shall suspend a person's driver license for a period of 90 days[
74 (i) violates a provision of Subsections (1) through (3); and
75 (ii) fails to meet the requirements of Subsection (5)(a)(i) within 90 days of sentencing
76 for or pleading guilty to a violation of this section.
77 (c) Notwithstanding the provisions of Subsection (5)(b), the Driver License Division
78 shall shorten the 90-day suspension period imposed under Subsection (5)(b) effective
79 immediately upon receiving a certificate of attendance of the four hour live classroom course
80 required under Subsection (5)(a)(i) if the certificate of attendance is received prior to
81 completion of the suspension period.
82 (d) A person whose license is suspended under Subsection (5)(b) is required to pay the
83 license reinstatement fees under Subsection 53-3-105 (23), including a person whose
84 suspension is shortened as described under Subsection (5)(c).
85 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
86 Driver License Division shall make rules to implement the provisions of this part.
Legislative Review Note
as of 1-31-12 1:43 PM