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STANDING COMMITTEE
Room 450 State Capitol
February 23, 2012
Rep. Johnny Anderson, Vice Chair
Rep. Stewart E. Barlow
Rep. Janice M. Fisher
Rep. Stephen G. Handy
Rep. Lynn N. Hemingway
Rep. Todd E. Kiser
Rep. Carol Spackman Moss
Rep. Jim Nielson
Rep. Jeremy A. Peterson
Rep. Val L. Peterson
MEMBERS EXCUSED: Rep. Wayne A. Harper
MEMBERS ABSENT: Rep. Bradley G. Last
Rep. Kenneth Sumsion
STAFF PRESENT: Mr. Leif Elder, Policy Analyst
Ms. Karen Mitchell, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes .
Chair Daw called the meeting to order at 9:04 a.m.
MOTION: Rep. Hemingway moved to approve the minutes of the February 21, 2012 meeting. The motion passed unanimously with Rep. Barlow, Rep. Jeremy Peterson, and Rep. Anderson absent for the vote.
S.B. 102 Amendments to Off-highway Vehicle Provisions (Sen. S. Jenkins) (Rep. B. Galvez)
Sen. Jenkins introduced the bill to the committee.
Spoke for the bill: Mr. Eric Stucki, Utah State Parks
Mr. Dave Copeland, Polaris Industries
MOTION: Rep. Anderson moved to pass S.B 102 out favorably. The motion passed with Rep. Hemingway voting in opposition. Rep. Jeremy Peterson was absent for the vote.
1st Sub. H.B. 327 Operation of Bicycles on Highways (Rep. J. Anderson)
Rep. Anderson introduced the bill to the committee.
Spoke to the bill: Mr. Bruce Jones, Utah Transit Authority
MOTION: Rep. Handy moved to amend the bill as follows:
1. Page 1, Lines 13 through 15 :
13 . provides that
14 circular red or red arrow signal may cautiously enter the intersection to proceed
15 straight through, turn right, or turn left under certain circumstances }
2. Page 20, Lines 597 through 613 :
597
598 moped, or bicycle facing a steady circular red or red arrow signal may cautiously enter the
599 intersection to proceed straight through, turn right, or turn left if:
600 (i) the operator brings the motorcycle, moped, or bicycle to a complete stop at a clearly
601 marked stop line, but if none, before entering the marked or unmarked crosswalk on the near
602 side of the intersection;
603 (ii) the operator determines that the traffic-control signal has not detected the operator's
604 presence by waiting for a minimum of 90 seconds at the intersection;
605 (iii) the movement can be made without crossing a railroad track that is in or adjacent
606 to the intersection; and
607 (iv) no traffic other than a bicycle, moped, or motorcycle is present at the intersection
608 in the direction of travel of the operator.
609 (b) The operator of a motorcycle, moped, or bicycle proceeding through an intersection
610 in accordance with Subsection (7)(a) shall yield the right-of-way to a:
611 (i) vehicle moving through the intersection in accordance with an official
612 traffic-control signal; or
613 (ii) pedestrian lawfully crossing an adjacent crosswalk. }
(7) When installing or replacing a signal detection device at an intersection, the Department of Transportation shall consider detection of motorcycles, mopeds, and bicycles.
The motion failed with Rep. Barlow, Rep. Handy, Rep. Hemingway, Rep. Kiser, and Rep. Val Peterson voting in favor of the motion.
MOTION: Rep. Kiser moved to amend the bill as follows:
1. Page 1, Lines 21 through 23 :
21
22 two-way movement of traffic, a person operating a vehicle may drive in the center
23 under certain circumstances; }
2. Page 23, Lines 696 through 701 :
696
697 lanes and providing for two-way movement of traffic, a person operating a vehicle may drive in
698 the center lane when:
699 (i) the center lane is clear of traffic within a safe distance; and
700 (ii) overtaking and passing a bicycle or moped moving at less than the reasonable
701 speed of traffic then present. }
The motion failed with Rep. Barlow, Rep. Hemingway, Rep. Kiser, Rep. Moss, and Rep. Val Peterson voting in favor of the motion.
MOTION: Rep. Kiser moved to amend the bill as follows:
1. Page 1, Lines 16 through 20 :
16
17 including in a no-passing zone, when a bicycle or moped proceeding in the same
18 direction at a speed less than the reasonable speed of traffic then present requires
19 operating the vehicle to the left of the center of the roadway except under certain
20 circumstances; }
2. Page 2, Lines 43 through 52 :
43 Utah Code Sections Affected:
44 AMENDS:
45 13-20-2, as last amended by Laws of Utah 2008, Chapter 175
46 13-35-102, as last amended by Laws of Utah 2007, Chapter 86
47 41-1a-202, as last amended by Laws of Utah 2008, Chapter 36
48 41-6a-102, as last amended by Laws of Utah 2009, Chapter 311
49 41-6a-305, as renumbered and amended by Laws of Utah 2005, Chapter 2
50
51 41-6a-708, as renumbered and amended by Laws of Utah 2005, Chapter 2 }
52 41-6a-710, as last amended by Laws of Utah 2009, Chapter 292
3. Page 20, Line 614 through Page 22, Line 661 :
614
615 41-6a-701. Duty to operate vehicle on right side of roadway -- Exceptions.
616 (1) On all roadways of sufficient width, a person operating a vehicle shall operate the
617 vehicle on the right half of the roadway, except:
618 (a) when overtaking and passing another vehicle proceeding in the same direction
619 under the rules governing that movement;
620 (b) when an obstruction requires operating the vehicle to the left of the center of the
621 roadway subject to the provisions of Subsection (2);
622 (c) when overtaking and passing a bicycle or moped proceeding in the same
direction
623
at a speed less than the reasonable speed of traffic then present requires operating
the vehicle to
624
the left of the center of the roadway subject to the provisions of Subsection (2);
625
[(c)] (d) on a roadway divided into three marked lanes for traffic under the
applicable
626
rules; or
627
[(d)] (e) on a roadway designed and signposted for one-way traffic.
628
(2) (a) A person operating a vehicle shall yield the right-of-way to a vehicle:
629
[(a)] (i) traveling in the proper direction on a roadway; and
630
[(b)] (ii) that is within a distance constituting an immediate hazard.
631
(b) When overtaking and passing a bicycle or moped under Subsection (1)(c), a
person
632
operating a vehicle shall not pass a bicycle or moped proceeding in the same
direction if the
633
pass cannot be made safely, including under any of the following conditions:
634
(i) when approaching or upon the crest of a grade or upon a curve in the
highway
635
where the operator's view is in any way obstructed;
636
(ii) when approaching within 100 feet of, or traversing, any intersection or
railroad
637
grade crossing unless otherwise indicated by official traffic control devices;
638
(iii) when the view is obstructed upon approaching within 100 feet of any
bridge,
639
viaduct or tunnel; or
640
(iv) when the pass cannot be made in accordance with Section
41-6a-706.5
.
641
(3) A person operating a vehicle on a roadway at less than the normal speed of
traffic
642
shall operate the vehicle in the right-hand lane then available for traffic, or as close
as
643
practicable to the right-hand curb or edge of the roadway, except when:
644
(a) overtaking and passing another vehicle proceeding in the same direction;
645
(b) preparing to turn left; or
646
(c) taking a different highway or an exit on the left.
647
Section 7.
Section
41-6a-708
is amended to read:
648 41-6a-708. Signs and markings on roadway -- No-passing zones -- Exceptions.
649 (1) (a) A highway authority may designate no-passing zones on any portion of a
650 highway under its jurisdiction if the highway authority determines passing is especially
651 hazardous.
652 (b) A highway authority shall designate a no-passing zone under Subsection (1)(a) by
653 placing appropriate traffic-control devices on the highway.
654 (2) A person operating a vehicle may not drive on the left side of:
655 (a) the roadway within the no-passing zone; or
656 (b) any pavement striping designed to mark the no-passing zone.
657 (3) Subsection (2) does not apply:
658 (a) under the conditions described under [Subsection] Subsections 41-6a-701 (1)(b) and
659 (c); or
660 (b) to a person operating a vehicle turning left onto or from an alley, private road, or
661 driveway. }
Renumber remaining sections accordingly.
The motion passed with Rep. Barlow, Rep. Daw, Rep. Moss, and Rep. Nielson voting in opposition.
MOTION: Rep. Kiser moved to amend the bill as follows:
1. Page 22, Lines 665 through 671 :
665 (1) For the purposes of this section, "bicycle lane" means a portion of the roadway that
666 has been designated for the preferential or exclusive use of bicyclists by:
667 (a) a highway authority; and
668 (b)
669
670 (ii) pavement markings; or
671 (iii) a traffic control device. }
The motion passed unanimously.
MOTION: Rep. Jeremy Peterson moved to pass 1st Substitute H.B. 327 out favorably. The motion failed with Rep. Anderson, Rep. Daw, Rep. Handy, Rep. Nielson, and Rep. Jeremy Peterson voting in favor of the bill.
MOTION: Rep. Anderson moved to adjourn the meeting. The motion passed unanimously.
Chair Daw adjourned the meeting at 9:49 a.m.
___________________________________
Rep. Bradley M. Daw, Chair