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This document includes House Committee Amendments incorporated into the bill on Wed, Jan 30, 2013 at 11:43 AM by jeyring. --> This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Tue, Feb 19, 2013 at 7:57 AM by jeyring. --> 1
7 LONG TITLE
8 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 General Description:
11 This bill modifies provisions relating to the eligibility of a clean fuel vehicle to operate
12 in a high occupancy vehicle lane.
13 Highlighted Provisions:
14 This bill:
14a H. . provides that the Department of Transportation may issue a certain number of clean
14b fuel vehicle decals; .H
15 . authorizes the Department of Transportation to H. [
15a the number of clean fuel
16 vehicle decals issued to eligible applicants H. [
16a Department of Transportation to continue to .H meet H. [
17 operational management of the high occupancy vehicle lanes and comply with
18 federal law or federal regulations;
19 . provides that a vehicle is only eligible for a clean fuel vehicle permit and a clean
20 fuel vehicle decal if the vehicle is registered in the state of Utah; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 41-6a-702, as last amended by Laws of Utah 2011, Chapter 394
29 72-6-121, as enacted by Laws of Utah 2011, Chapter 394
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-6a-702 is amended to read:
33 41-6a-702. Left lane restrictions -- Exceptions -- Other lane restrictions --
35 (1) As used in this section and Section 41-6a-704 , "general purpose lane" means a
36 highway lane open to vehicular traffic but does not include a designated:
37 (a) high occupancy vehicle (HOV) lane; or
38 (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
40 (2) On a freeway or section of a freeway which has three or more general purpose lanes
41 in the same direction, a person may not operate a vehicle in the left most general purpose lane
42 if the person's:
43 (a) vehicle is drawing a trailer or semitrailer regardless of size; or
44 (b) vehicle or combination of vehicles has a gross vehicle weight of 12,001 or more
46 (3) Subsection (2) does not apply to a person operating a vehicle who is:
47 (a) preparing to turn left or taking a different highway split or an exit on the left;
48 (b) responding to emergency conditions;
49 (c) avoiding actual or potential traffic moving onto the highway from an acceleration or
50 merging lane; or
51 (d) following direction signs that direct use of a designated lane.
52 (4) (a) A highway authority may designate a specific lane or lanes of travel for any type
53 of vehicle on a highway or portion of a highway under its jurisdiction for the:
54 (i) safety of the public;
55 (ii) efficient maintenance of a highway; or
56 (iii) use of high occupancy vehicles.
57 (b) The lane designation under Subsection (4)(a) is effective when appropriate signs
58 giving notice are erected on the highway or portion of the highway.
59 (c) If a highway authority establishes an HOV lane, the highway authority shall
60 annually report to the Transportation Interim Committee no later than November 30 of each
61 year regarding:
62 (i) the types of vehicles that may access the lane;
63 (ii) where, when, and how a vehicle may access the lane;
64 (iii) how a tax, fee, or charge is assessed for a vehicle carrying less than the number of
65 persons specified for the lane;
66 (iv) the usage of the HOV lane as compared to the usage of the general purpose lanes
67 along the same stretch of highway; and
68 (v) the compliance issues, safety risks, and impacts of the lane parameters described
69 under Subsections (4)(c)(i), (ii), and (iii).
76 designation under Subsection (4)(a)(iii) shall allow a vehicle with a clean fuel vehicle decal
77 issued in accordance with Section 72-6-121 to travel in lanes designated for the use of high
78 occupancy vehicles regardless of the number of occupants [
79 permitted by federal law or federal regulation.
80 (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
81 the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
82 decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
83 number of occupants [
85 (ii) H. Except as provided in Subsection (5)(b)(iii), the Department of Transportation
85a may not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121.
85b (iii) .H The H. Department of Transportation may, through .H rules made under
85c Subsection (5)(b)(i) H. [
86 vehicle decals issued in accordance with Section 72-6-121 H. beyond the minimum described in
86a Subsection (5)(b)(ii) if the increased issuance will allow the Department of Transportation to
86b continue .H to meet H. [
89 (6) A person who operates a vehicle in violation of Subsection (2) or in violation of the
90 restrictions made under Subsection (4) is guilty of a class C misdemeanor.
91 Section 2. Section 72-6-121 is amended to read:
92 72-6-121. Clean fuel vehicle decal.
93 (1) Beginning on July 1, 2011, and subject to the requirements of this section, the
94 department shall issue a clean fuel vehicle decal permit and a clean fuel vehicle decal to an
95 applicant if:
96 (a) the applicant is an owner of a vehicle:
97 (i) powered by clean fuel that meets the standards established by the department in
98 rules authorized under Subsection 41-6a-702 (5)(b); and
99 (ii) that is registered in the state of Utah;
100 (b) the applicant remits an application and all fees required under this section[
101 (c) the department has clean H. [
102 by the department in accordance with Subsection 41-6a-702 (5)(b).
103 (2) The department shall establish the clean fuel vehicle decal design in consultation
104 with the Utah Highway Patrol.
105 (3) (a) An applicant for a clean fuel vehicle decal shall pay a clean fuel vehicle decal
106 fee established by the department in accordance with Section 63J-1-504 .
107 (b) Funds generated by the clean fuel vehicle decal fee may be used by the department
108 to cover the costs incurred in issuing clean fuel vehicle decals under this section.
109 (4) (a) The department shall issue a clean fuel vehicle decal permit and a clean fuel
110 vehicle decal to a person who has been issued a clean fuel special group license plate prior to
111 July 1, 2011.
112 (b) A person who applies to the department to receive a clean fuel vehicle decal permit
113 and a clean fuel vehicle decal under Subsection (4)(a) is not subject to the fee imposed under
114 Subsection (3).
115 (5) (a) An owner of a vehicle may not place a clean fuel vehicle decal on a vehicle
116 other than the vehicle specified in the application for the clean fuel vehicle decal permit and the
117 clean fuel vehicle decal.
118 (b) A person operating a motor vehicle that has been issued a clean fuel vehicle decal
120 (i) have in the person's immediate possession the clean fuel vehicle decal permit issued
121 by the department for the motor vehicle the person is operating; and
122 (ii) display the permit upon demand of a peace officer.
123 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
124 department shall make rules to administer the clean fuel vehicle decal program authorized in
125 this section.
Legislative Review Note
as of 10-22-12 6:52 AM