H.B. 299

1

BICYCLE AND BICYCLE LANE MODIFICATIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Johnny Anderson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to bicycles, bicycle
10 lanes, and bicycle equipment.
11 Highlighted Provisions:
12 This bill:
13 . amends the definition of a bicycle;
14 . defines a bicycle lane;
15 . provides for the use of a bicycle lane under certain circumstances by:
16 . a motor vehicle;
17 . a highway authority;
18 . an authorized emergency vehicle;
19 . a school bus;
20 . a transit vehicle;
21 . a letter carrier; and
22 . a moped;
23 . provides that equipping the operator of a bicycle, rather than the bicycle, with
24 certain lamps and reflective material meets certain night time equipment
25 requirements; and
26 . makes technical changes.
27 Money Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 13-20-2, as last amended by Laws of Utah 2012, Chapter 77
34 13-35-102, as last amended by Laws of Utah 2007, Chapter 86
35 41-1a-202, as last amended by Laws of Utah 2008, Chapter 36
36 41-6a-102, as last amended by Laws of Utah 2009, Chapter 311
37 41-6a-710, as last amended by Laws of Utah 2009, Chapter 292
38 41-6a-1114, as renumbered and amended by Laws of Utah 2005, Chapter 2
39 41-12a-301, as last amended by Laws of Utah 2008, Chapter 36
40 53-3-202, as last amended by Laws of Utah 2009, Chapter 253
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 13-20-2 is amended to read:
44 13-20-2. Definitions.
45 As used in this chapter:
46 (1) "Consumer" means an individual who enters into an agreement or contract for the
47 transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease
48 during the duration of the period defined under Section 13-20-5 .
49 (2) "Manufacturer" means a manufacturer, importer, distributor, or anyone who is
50 named as the warrantor on an express written warranty on a motor vehicle.
51 (3) "Motor home" means a self-propelled vehicular unit, primarily designed as a
52 temporary dwelling for travel, recreational, and vacation use.
53 (4) (a) "Motor vehicle" includes:
54 (i) a motor home, as defined in this section, but only the self-propelled vehicle and
55 chassis sold in this state;
56 (ii) a motor vehicle, as defined in Section 41-1a-102 , sold in this state; and
57 (iii) a motorcycle, as defined in Section 41-1a-102 , sold in this state if the motorcycle
58 is designed primarily for use and operation on paved highways.

59 (b) "Motor vehicle" does not include:
60 (i) those portions of a motor home designated, used, or maintained primarily as a
61 mobile dwelling, office, or commercial space;
62 (ii) a road tractor or truck tractor as defined in Section 41-1a-102 ;
63 (iii) a mobile home as defined in Section 41-1a-102 ;
64 (iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except:
65 (A) a motor home as defined under Subsection (3); and
66 (B) a farm tractor as defined in Section 41-1a-102 ;
67 (v) a motorcycle, as defined in Section 41-1a-102 , if the motorcycle is designed
68 primarily for use or operation over unimproved terrain;
69 (vi) [an electric assisted] a bicycle as defined in Section 41-6a-102 ;
70 (vii) a moped as defined in Section 41-6a-102 ;
71 (viii) a motor assisted scooter as defined in Section 41-6a-102 ; or
72 (ix) a motor-driven cycle as defined in Section 41-6a-102 .
73 (5) "Nonconformity":
74 (a) means a defect in or condition of a recreational vehicle trailer that substantially
75 impairs its use, value, or safety; and
76 (b) does not include a defect or condition that occurs as a result of:
77 (i) the use of the recreational vehicle trailer for business or commercial purposes; or
78 (ii) abuse, neglect, modification, or alteration of the recreational vehicle trailer by a
79 person other than the manufacturer or the manufacturer's authorized service agent.
80 (6) "Recreational vehicle trailer" means a travel trailer, camping trailer, or fifth wheel
81 trailer.
82 Section 2. Section 13-35-102 is amended to read:
83 13-35-102. Definitions.
84 As used in this chapter:
85 (1) "Advisory board" or "board" means the Utah Powersport Vehicle Franchise
86 Advisory Board created in Section 13-35-103 .
87 (2) "Dealership" means a site or location in this state:
88 (a) at which a franchisee conducts the business of a new powersport vehicle dealer; and
89 (b) that is identified as a new powersport vehicle dealer's principal place of business

90 for registration purposes under Section 13-35-105 .
91 (3) "Department" means the Department of Commerce.
92 (4) "Executive director" means the executive director of the Department of Commerce.
93 (5) "Franchise" or "franchise agreement" means a written agreement, for a definite or
94 indefinite period, in which:
95 (a) a person grants to another person a license to use a trade name, trademark, service
96 mark, or related characteristic; and
97 (b) a community of interest exists in the marketing of new powersport vehicles, new
98 powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at
99 wholesale or retail.
100 (6) "Franchisee" means a person with whom a franchisor has agreed or permitted, in
101 writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,
102 produced, represented, or distributed by the franchisor.
103 (7) (a) "Franchisor" means a person who has, in writing or in practice, agreed with or
104 permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured,
105 produced, represented, or distributed by the franchisor, and includes:
106 (i) the manufacturer or distributor of the new powersport vehicles;
107 (ii) an intermediate distributor;
108 (iii) an agent, officer, or field or area representative of the franchisor; and
109 (iv) a person who is affiliated with a manufacturer or a representative or who directly
110 or indirectly through an intermediary is controlled by, or is under common control with, the
111 manufacturer.
112 (b) For purposes of Subsection (7)(a)(iv), a person is controlled by a manufacturer if
113 the manufacturer has the authority directly or indirectly by law or by an agreement of the
114 parties[,] to direct or influence the management and policies of the person.
115 (8) "Lead" means the referral by a franchisor to a franchisee of an actual or potential
116 customer for the purchase or lease of a new powersport vehicle, or for service work related to
117 the franchisor's vehicles.
118 (9) "Line-make" means the powersport vehicles that are offered for sale, lease, or
119 distribution under a common name, trademark, service mark, or brand name of the franchisor[,]
120 or manufacturer of the powersport vehicle.

121 (10) (a) "Powersport vehicle" means:
122 (i) an all-terrain type I or type II vehicle "ATV" defined in Section 41-22-2 ;
123 (ii) a snowmobile as defined in Section 41-22-2 ;
124 (iii) a motorcycle as defined in Section 41-1a-102 ;
125 (iv) a personal watercraft as defined in Section 73-18-2 ;
126 (v) except as provided in Subsection (10)(b), a motor-driven cycle as defined in
127 Section 41-6a-102 ; or
128 (vi) a moped as defined in Section 41-6a-102 .
129 (b) "Powersport vehicle" does not include:
130 (i) [an electric assisted] a bicycle as defined in Section 41-6a-102 ;
131 (ii) a motor assisted scooter as defined in Section 41-6a-102 ; or
132 (iii) an electric personal assistive mobility device as defined in Section 41-6a-102 .
133 (11) "New powersport vehicle dealer" means a person who is engaged in the business
134 of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or
135 on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place
136 of business for the sale, lease, trade, or display of powersport vehicles.
137 (12) "Notice" or "notify" includes both traditional written communications and all
138 reliable forms of electronic communication unless expressly prohibited by statute or rule.
139 (13) "Relevant market area" means:
140 (a) the county in which a powersport dealership is to be established or relocated; and
141 (b) the area within a 15-mile radius from the site of the new or relocated dealership.
142 (14) "Sale, transfer, or assignment" means any disposition of a franchise or an interest
143 in a franchise, with or without consideration, including a bequest, inheritance, gift, exchange,
144 lease, or license.
145 (15) "Serve" or "served," unless expressly indicated otherwise by statute or rule,
146 includes any reliable form of communication.
147 (16) "Written," "write," "in writing," or other variations of those terms shall include all
148 reliable forms of electronic communication.
149 Section 3. Section 41-1a-202 is amended to read:
150 41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
151 vehicles after establishing residency.

152 (1) In this section:
153 (a) "Domicile" means the place:
154 (i) where an individual has a fixed permanent home and principal establishment;
155 (ii) to which the individual, if absent, intends to return; and
156 (iii) in which the individual and his family voluntarily reside, not for a special or
157 temporary purpose, but with the intention of making a permanent home.
158 (b) (i) "Resident" means any of the following:
159 (A) an individual who:
160 (I) has established a domicile in this state;
161 (II) regardless of domicile, remains in this state for an aggregate period of six months
162 or more during any calendar year;
163 (III) engages in a trade, profession, or occupation in this state or who accepts
164 employment in other than seasonal work in this state and who does not commute into the state;
165 (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
166 license or motor vehicle registration; or
167 (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
168 nonresidents, including going to school, or placing children in school, without paying
169 nonresident tuition or fees; or
170 (B) any individual, partnership, limited liability company, firm, corporation,
171 association, or other entity that:
172 (I) maintains a main office, branch office, or warehouse facility in this state and that
173 bases and operates a motor vehicle in this state; or
174 (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
175 (ii) "Resident" does not include any of the following:
176 (A) a member of the military temporarily stationed in Utah;
177 (B) an out-of-state student, as classified by the institution of higher education, enrolled
178 with the equivalent of seven or more quarter hours, regardless of whether the student engages
179 in a trade, profession, or occupation in this state or accepts employment in this state; and
180 (C) an individual domiciled in another state or a foreign country [that] who:
181 (I) is engaged in public, charitable, educational, or religious services for a government
182 agency or an organization that qualifies for tax-exempt status under Internal Revenue Code

183 Section 501(c)(3);
184 (II) is not compensated for services rendered other than expense reimbursements; and
185 (III) is temporarily in Utah for a period not to exceed 24 months.
186 (2) Registration under this chapter is not required for any:
187 (a) vehicle registered in another state and owned by a nonresident of the state or
188 operating under a temporary registration permit issued by the division or a dealer authorized by
189 this chapter, or any vehicle driven or moved upon a highway, in conformance with the
190 provisions of this chapter relating to manufacturers, transporters, dealers, lien holders, or
191 interstate vehicles;
192 (b) vehicle driven or moved upon a highway only for the purpose of crossing the
193 highway from one property to another;
194 (c) implement of husbandry, whether of a type otherwise subject to registration or not,
195 that is only incidentally operated or moved upon a highway;
196 (d) special mobile equipment;
197 (e) vehicle owned or leased by the federal government;
198 (f) motor vehicle not designed, used, or maintained for the transportation of passengers
199 for hire or for the transportation of property if the motor vehicle is registered in another state
200 and is owned and operated by a nonresident of this state;
201 (g) vehicle or combination of vehicles designed, used, or maintained for the
202 transportation of persons for hire or for the transportation of property if the vehicle or
203 combination of vehicles is registered in another state and is owned and operated by a
204 nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
205 of 26,000 pounds or less;
206 (h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
207 for hire for the transportation of property or person;
208 (i) manufactured home or mobile home;
209 (j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
210 vehicle is:
211 (i) being towed;
212 (ii) operated on a street or highway designated as open to off-highway vehicle use; or
213 (iii) operated in the manner prescribed in Subsections 41-22-10.3 (1) through (3);

214 (k) off-highway implement of husbandry operated in the manner prescribed in
215 Subsections 41-22-5.5 (3) through (5);
216 (l) modular and prebuilt homes conforming to the uniform building code and presently
217 regulated by the United States Department of Housing and Urban Development that are not
218 constructed on a permanent chassis;
219 (m) [electric assisted] bicycle defined under Section 41-6a-102 ;
220 (n) motor assisted scooter defined under Section 41-6a-102 ; or
221 (o) electric personal assistive mobility device defined under Section 41-6a-102 .
222 (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
223 required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
224 within 60 days of the owner establishing residency in this state.
225 (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
226 registration requirements of this part for the time period that the registration under Section
227 41-3-306 is valid.
228 Section 4. Section 41-6a-102 is amended to read:
229 41-6a-102. Definitions.
230 As used in this chapter:
231 (1) "Alley" means a street or highway intended to provide access to the rear or side of
232 lots or buildings in urban districts and not intended for through vehicular traffic.
233 (2) "All-terrain type I vehicle" has the same meaning as defined in Section 41-22-2 .
234 (3) "Authorized emergency vehicle" includes:
235 (a) fire department vehicles;
236 (b) police vehicles;
237 (c) ambulances; and
238 (d) other publicly or privately owned vehicles as designated by the commissioner of the
239 Department of Public Safety.
240 (4) (a) "Bicycle" means [every device] a wheeled vehicle:
241 (i) (A) propelled by human power; and
242 [(ii)] (B) upon which a person may ride; [and] or
243 [(iii) having two tandem wheels.]
244 (ii) (A) with an electric motor of not more than 1,000 watts and fully operable pedals

245 on permanently affixed cranks;
246 (B) that weighs less than 75 pounds;
247 (C) that has a speed not greater than 20 miles per hour when the vehicle is operated on
248 a paved level surface, powered solely by the electric motor, and operated by a person who
249 weighs 170 pounds; and
250 (D) upon which a person may ride.
251 (b) "Bicycle" includes a trailer if the trailer is:
252 (i) towed by the bicycle; and
253 (ii) secured by mechanical means to the bicycle.
254 [(b)] (d) "Bicycle" does not include scooters and similar devices.
255 (5) (a) "Bus" means a motor vehicle:
256 (i) designed for carrying more than 15 passengers and used for the transportation of
257 persons; or
258 (ii) designed and used for the transportation of persons for compensation.
259 (b) "Bus" does not include a taxicab.
260 (6) (a) "Circular intersection" means an intersection that has an island, generally
261 circular in design, located in the center of the intersection where traffic passes to the right of
262 the island.
263 (b) "Circular intersection" includes:
264 (i) roundabouts;
265 (ii) rotaries; and
266 (iii) traffic circles.
267 (7) "Commissioner" means the commissioner of the Department of Public Safety.
268 (8) "Controlled-access highway" means a highway, street, or roadway:
269 (a) designed primarily for through traffic; and
270 (b) to or from which owners or occupants of abutting lands and other persons have no
271 legal right of access, except at points as determined by the highway authority having
272 jurisdiction over the highway, street, or roadway.
273 (9) "Crosswalk" means:
274 (a) that part of a roadway at an intersection included within the connections of the
275 lateral lines of the sidewalks on opposite sides of the highway measured from:

276 (i) (A) the curbs; or
277 (B) in the absence of curbs, from the edges of the traversable roadway; and
278 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
279 included within the extension of the lateral lines of the existing sidewalk at right angles to the
280 centerline; or
281 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
282 pedestrian crossing by lines or other markings on the surface.
283 (10) "Department" means the Department of Public Safety.
284 (11) "Direct supervision" means oversight at a distance within which:
285 (a) visual contact is maintained; and
286 (b) advice and assistance can be given and received.
287 (12) "Divided highway" means a highway divided into two or more roadways by:
288 (a) an unpaved intervening space;
289 (b) a physical barrier; or
290 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
291 [(13) "Electric assisted bicycle" means a moped:]
292 [(a) with an electric motor with a power output of not more than 1,000 watts; and]
293 [(b) which is not capable of:]
294 [(i) propelling the device at a speed of more than 20 miles per hour on level ground;
295 and]
296 [(ii) increasing the speed of the device when human power is used to propel the device
297 at more than 20 miles per hour.]
298 [(14)] (13) (a) "Electric personal assistive mobility device" means a self-balancing
299 device with:
300 (i) two nontandem wheels in contact with the ground;
301 (ii) a system capable of steering and stopping the unit under typical operating
302 conditions;
303 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
304 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
305 (v) a deck design for a person to stand while operating the device.
306 (b) "Electric personal assistive mobility device" does not include a wheelchair.

307 [(15)] (14) "Explosives" means any chemical compound or mechanical mixture
308 commonly used or intended for the purpose of producing an explosion and [which] that
309 contains any oxidizing and combustive units or other ingredients in proportions, quantities, or
310 packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of
311 the compound or mixture may cause a sudden generation of highly heated gases, and the
312 resultant gaseous pressures are capable of producing destructive effects on contiguous objects
313 or of causing death or serious bodily injury.
314 [(16)] (15) "Farm tractor" means a motor vehicle designed and used primarily as a farm
315 implement, for drawing plows, mowing machines, and other implements of husbandry.
316 [(17)] (16) "Flammable liquid" means a liquid [which] that has a flashpoint of 100
317 degrees F. or less, as determined by a tagliabue or equivalent closed-cup test device.
318 [(18)] (17) "Freeway" means a controlled-access highway that is part of the interstate
319 system as defined in Section 72-1-102 .
320 [(19)] (18) "Gore area" means the area delineated by two solid white lines that is
321 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
322 lane including similar areas between merging or splitting highways.
323 [(20)] (19) "Gross weight" means the weight of a vehicle without a load plus the
324 weight of any load on the vehicle.
325 [(21)] (20) "Highway" means the entire width between property lines of every way or
326 place of any nature when any part of it is open to the use of the public as a matter of right for
327 vehicular travel.
328 [(22)] (21) "Highway authority" has the same meaning as defined in Section 72-1-102 .
329 [(23)] (22) (a) "Intersection" means the area embraced within the prolongation or
330 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
331 of two or more highways which join one another.
332 (b) Where a highway includes two roadways 30 feet or more apart:
333 (i) every crossing of each roadway of the divided highway by an intersecting highway
334 is a separate intersection; and
335 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
336 every crossing of two roadways of the highways is a separate intersection.
337 (c) "Intersection" does not include the junction of an alley with a street or highway.

338 [(24)] (23) "Island" means an area between traffic lanes or at an intersection for control
339 of vehicle movements or for pedestrian refuge designated by:
340 (a) pavement markings, which may include an area designated by two solid yellow
341 lines surrounding the perimeter of the area;
342 (b) channelizing devices;
343 (c) curbs;
344 (d) pavement edges; or
345 (e) other devices.
346 [(25)] (24) "Law enforcement agency" has the same meaning as defined in Section
347 53-1-102 .
348 [(26)] (25) "Limited access highway" means a highway:
349 (a) that is designated specifically for through traffic; and
350 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
351 persons have any right or easement, or have only a limited right or easement of access, light,
352 air, or view.
353 [(27)] (26) "Local highway authority" means the legislative, executive, or governing
354 body of a county, municipal, or other local board or body having authority to enact laws
355 relating to traffic under the constitution and laws of the state.
356 [(28)] (27) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
357 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
358 (ii) has a capacity of not more than four passengers, including the driver.
359 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
360 [(29)] (28) "Metal tire" means a tire, the surface of which in contact with the highway
361 is wholly or partly of metal or other hard nonresilient material.
362 [(30)] (29) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
363 seat or saddle that is less than 24 inches from the ground as measured on a level surface with
364 properly inflated tires.
365 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
366 (c) "Mini-motorcycle" does not include a motorcycle that is:
367 (i) designed for off-highway use; and
368 (ii) registered as an off-highway vehicle under Section 41-22-3 .

369 [(31)] (30) "Mobile home" means:
370 (a) a trailer or semitrailer [which] that is:
371 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
372 place either permanently or temporarily; and
373 (ii) equipped for use as a conveyance on streets and highways; or
374 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
375 constructed for use as a mobile home, as defined in Subsection [(31)] (30)(a), but [which] is
376 instead used permanently or temporarily for:
377 (i) the advertising, sale, display, or promotion of merchandise or services; or
378 (ii) any other commercial purpose except the transportation of property for hire or the
379 transportation of property for distribution by a private carrier.
380 [(32)] (31) (a) "Moped" means a motor-driven cycle having:
381 (i) pedals to permit propulsion by human power; and
382 (ii) a motor [which] that:
383 (A) produces not more than two brake horsepower; and
384 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
385 level ground.
386 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
387 centimeters and the moped shall have a power drive system that functions directly or
388 automatically without clutching or shifting by the operator after the drive system is engaged.
389 (c) "Moped" includes [an electric assisted bicycle and] a motor assisted scooter.
390 [(33)] (32) "Motor assisted scooter" means a self-propelled device with:
391 (a) at least two wheels in contact with the ground;
392 (b) a braking system capable of stopping the unit under typical operating conditions;
393 (c) a gas or electric motor not exceeding 40 cubic centimeters;
394 (d) either:
395 (i) a deck design for a person to stand while operating the device; or
396 (ii) a deck and seat designed for a person to sit, straddle, or stand while operating the
397 device; and
398 (e) a design for the ability to be propelled by human power alone.
399 [(34)] (33) (a) "Motor vehicle" means a vehicle [which] that is self-propelled and every

400 vehicle which is propelled by electric power obtained from overhead trolley wires, but not
401 operated upon rails.
402 (b) "Motor vehicle" does not include vehicles moved solely by human power,
403 motorized wheelchairs, or an electric personal assistive mobility device.
404 [(35)] (34) "Motorcycle" means a motor vehicle, other than a tractor, having a seat or
405 saddle for the use of the rider and designed to travel with not more than three wheels in contact
406 with the ground.
407 [(36)] (35) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped,
408 [electric assisted bicycle,] motor assisted scooter, and every motorized bicycle having:
409 (i) an engine with less than 150 cubic centimeters displacement; or
410 (ii) a motor [which] that produces not more than five horsepower.
411 (b) "Motor-driven cycle" does not include an electric personal assistive mobility
412 device.
413 [(37)] (36) "Off-highway implement of husbandry" has the same meaning as defined
414 under Section 41-22-2 .
415 [(38)] (37) "Off-highway vehicle" has the same meaning as defined under Section
416 41-22-2 .
417 [(39)] (38) "Operator" means a person who is in actual physical control of a vehicle.
418 [(40)] (39) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle
419 is occupied or not.
420 (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
421 purpose of and while actually engaged in loading or unloading property or passengers.
422 [(41)] (40) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
423 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
424 traffic laws.
425 [(42)] (41) "Pedestrian" means a person traveling:
426 (a) on foot; or
427 (b) in a wheelchair.
428 [(43)] (42) "Pedestrian traffic-control signal" means a traffic-control signal used to
429 regulate pedestrians.
430 [(44)] (43) "Person" means every natural person, firm, copartnership, association, or

431 corporation.
432 [(45)] (44) "Pole trailer" means every vehicle without motive power:
433 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
434 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
435 (b) that is ordinarily used for transporting long or irregular shaped loads including
436 poles, pipes, or structural members generally capable of sustaining themselves as beams
437 between the supporting connections.
438 [(46)] (45) "Private road or driveway" means every way or place in private ownership
439 and used for vehicular travel by the owner and those having express or implied permission
440 from the owner, but not by other persons.
441 [(47)] (46) "Railroad" means a carrier of persons or property upon cars operated on
442 stationary rails.
443 [(48)] (47) "Railroad sign or signal" means a sign, signal, or device erected by
444 authority of a public body or official or by a railroad and intended to give notice of the presence
445 of railroad tracks or the approach of a railroad train.
446 [(49)] (48) "Railroad train" means a locomotive propelled by any form of energy,
447 coupled with or operated without cars, and operated upon rails.
448 [(50)] (49) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
449 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
450 of direction, speed, and proximity [which] that give rise to danger of collision unless one
451 vehicle grants precedence to the other.
452 [(51)] (50) (a) "Roadway" means that portion of highway improved, designed, or
453 ordinarily used for vehicular travel.
454 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
455 them are used by persons riding bicycles or other human-powered vehicles.
456 (c) "Roadway" refers to any roadway separately, but not to all roadways collectively, if
457 a highway includes two or more separate roadways.
458 [(52)] (51) "Safety zone" means the area or space officially set apart within a roadway
459 for the exclusive use of pedestrians and [which] that is protected, marked, or indicated by
460 adequate signs as to be plainly visible at all times while set apart as a safety zone.
461 [(53)] (52) (a) "School bus" means a motor vehicle that:

462 (i) complies with the color and identification requirements of the most recent edition of
463 "Minimum Standards for School Buses"; and
464 (ii) is used to transport school children to or from school or school activities.
465 (b) "School bus" does not include a vehicle operated by a common carrier in
466 transportation of school children to or from school or school activities.
467 [(54)] (53) (a) "Semitrailer" means a vehicle with or without motive power:
468 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
469 and
470 (ii) constructed so that some part of its weight and that of its load rests on or is carried
471 by another vehicle.
472 (b) "Semitrailer" does not include a pole trailer.
473 [(55)] (54) "Shoulder area" means:
474 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
475 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
476 or
477 (b) that portion of the road contiguous to the roadway for accommodation of stopped
478 vehicles, for emergency use, and for lateral support.
479 [(56)] (55) "Sidewalk" means that portion of a street between the curb lines, or the
480 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
481 [(57)] (56) "Solid rubber tire" means a tire of rubber or other resilient material [which]
482 that does not depend on compressed air for the support of the load.
483 [(58)] (57) "Stand" or "standing" means the temporary halting of a vehicle, whether
484 occupied or not, for the purpose of and while actually engaged in receiving or discharging
485 passengers.
486 [(59)] (58) "Stop" when required means complete cessation from movement.
487 [(60)] (59) "Stop" or "stopping" when prohibited means any halting even momentarily
488 of a vehicle, whether occupied or not, except when:
489 (a) necessary to avoid conflict with other traffic; or
490 (b) in compliance with the directions of a peace officer or traffic-control device.
491 [(61)] (60) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
492 type I vehicle or utility type vehicle that is modified to meet the requirements of Section

493 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509 .
494 [(62)] (61) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
495 conveyances either singly or together while using any highway for the purpose of travel.
496 [(63)] (62) "Traffic-control device" means a sign, signal, marking, or device not
497 inconsistent with this chapter placed or erected by a highway authority for the purpose of
498 regulating, warning, or guiding traffic.
499 [(64)] (63) "Traffic-control signal" means a device, whether manually, electrically, or
500 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
501 [(65)] (64) "Traffic signal preemption device" means an instrument or mechanism
502 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
503 [(66)] (65) (a) "Trailer" means a vehicle with or without motive power designed for
504 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
505 part of its weight rests upon the towing vehicle.
506 (b) "Trailer" does not include a pole trailer.
507 [(67)] (66) "Truck" means a motor vehicle designed, used, or maintained primarily for
508 the transportation of property.
509 [(68)] (67) "Truck tractor" means a motor vehicle:
510 (a) designed and used primarily for drawing other vehicles; and
511 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
512 tractor.
513 [(69)] (68) "Two-way left turn lane" means a lane:
514 (a) provided for vehicle operators making left turns in either direction;
515 (b) that is not used for passing, overtaking, or through travel; and
516 (c) that has been indicated by a lane traffic-control device [which] that may include
517 lane markings.
518 [(70)] (69) "Urban district" means the territory contiguous to and including any street,
519 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
520 less than 100 feet, for a distance of a quarter of a mile or more.
521 [(71)] (70) (a) "Utility type vehicle" means any recreational vehicle designed for and
522 capable of travel over unimproved terrain:
523 (i) traveling on four or more tires;

524 (ii) having a width of 30 to 70 inches;
525 (iii) having an unladen dry weight of 2,200 pounds or less;
526 (iv) having a seat height of 25 to 40 inches when measured at the forward edge of the
527 seat bottom; and
528 (v) having side-by-side seating with a steering wheel for control.
529 (b) "Utility type vehicle" does not include:
530 (i) an all-terrain type I vehicle;
531 (ii) an all-terrain type II vehicle;
532 (iii) a motorcycle; or
533 (iv) a snowmobile as defined in Section 41-22-2 .
534 [(72)] (71) "Vehicle" means a device in, on, or by which a person or property is or may
535 be transported or drawn on a highway, except devices used exclusively on stationary rails or
536 tracks.
537 Section 5. Section 41-6a-710 is amended to read:
538 41-6a-710. Roadway divided into marked lanes -- Provisions -- Traffic-control
539 devices -- Bicycle lanes.
540 (1) For the purposes of this section, "bicycle lane" means a portion of the roadway that
541 has been designated for the preferential or exclusive use of bicyclists by:
542 (a) a highway authority; and
543 (b) longitudinal pavement striping.
544 (2) On a roadway divided into two or more clearly marked lanes for traffic, the
545 following provisions apply:
546 [(1)] (a) (i) A person operating a vehicle:
547 [(i)] (A) shall keep the vehicle as nearly as practical entirely within a single lane; and
548 [(ii)] (B) may not move the vehicle from the lane until the operator has reasonably
549 determined the movement can be made safely.
550 [(b)] (ii) A determination under Subsection [(1)(a)(ii)] (2)(a)(i)(B) is reasonable if a
551 reasonable person acting under the same conditions and having regard for actual and potential
552 hazards then existing would determine that the movement could be made safely.
553 [(2)] (b) On a roadway divided into three or more lanes and providing for two-way
554 movement of traffic, a person operating a vehicle may not drive in the center lane except:

555 [(a)] (i) when overtaking and passing another vehicle traveling in the same direction,
556 and when the center lane is:
557 [(i)] (A) clear of traffic within a safe distance; and
558 [(ii)] (B) not a two-way left turn lane;
559 [(b)] (ii) in preparation of making or completing a left turn in compliance with Section
560 41-6a-801 ; or
561 [(c)] (iii) where the center lane is allocated exclusively to traffic moving in the same
562 direction that the vehicle is proceeding as indicated by traffic-control devices.
563 [(3) (a)] (c) (i) A highway authority may erect traffic-control devices directing
564 specified traffic to use a designated lane or designating those lanes to be used by traffic moving
565 in a particular direction regardless of the center of the roadway.
566 [(b)] (ii) An operator of a vehicle shall obey the directions of a traffic-control device
567 erected under Subsection [(3)(a)] (2)(c)(i).
568 (3) (a) A person may not operate a motor vehicle in a bicycle lane except:
569 (i) to access parking where parking is permitted;
570 (ii) to enter the roadway from an alley, private road, or driveway;
571 (iii) to prepare for a turn:
572 (A) within a distance of 200 feet from the intersection, alley, private road, or driveway;
573 or
574 (B) as directed by striping or a traffic control device; and
575 (iv) in case of an emergency.
576 (b) Subsection (3)(a) does not prohibit the use of a bicycle lane by:
577 (i) the highway authority that has jurisdiction over the bicycle lane;
578 (ii) an authorized emergency vehicle;
579 (iii) a school bus or transit vehicle, as defined in Section 17B-2a-802 , for the active
580 loading and unloading of passengers by:
581 (A) briefly driving within or through the bicycle lane; or
582 (B) stopping within the bicycle lane while in the process of taking on or discharging
583 passengers;
584 (iv) a letter carrier accessing a curbside mail box or centralized mail receptacle; and
585 (v) a person operating a moped:

586 (A) at a speed no greater than is reasonable or prudent, having due regard for visibility,
587 traffic conditions, and the conditions of the roadway; and
588 (B) in a manner that does not endanger the safety of bicyclists.
589 (c) A person operating a motor vehicle in a bicycle lane in accordance with this
590 Subsection (3) shall yield the right-of-way to all bicycles, mopeds, and pedestrians within the
591 bicycle lane.
592 (d) A person operating a bicycle or moped in a bicycle lane shall ride in the same
593 direction as traffic on the roadway unless the bicycle lane is designated for two-way
594 travel.
595 Section 6. Section 41-6a-1114 is amended to read:
596 41-6a-1114. Bicycles -- Lamps and reflective material required.
597 (1) [Every] A bicycle in use or a person operating the bicycle at the times described in
598 Section 41-6a-1603 shall be equipped with a:
599 (a) lamp [of a type approved by the department which] that is on the front emitting a
600 white light visible from a distance of at least 500 feet to the front; and
601 (b) (i) red reflector [of a type approved by the department which] that is visible for 500
602 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle;
603 or
604 (ii) red taillight designed for use on a bicycle and emitting flashing or nonflashing light
605 visible from a distance of 500 feet to the rear.
606 (2) [Every] A bicycle when in use or a person operating the bicycle at the times
607 described in Section 41-6a-1603 shall be equipped with:
608 (a) reflective material of sufficient size and reflectivity to be visible from both sides for
609 500 feet when directly in front of lawful lower beams of head lamps on a motor vehicle; or
610 (b) in lieu of reflective material, a lighted lamp visible from both sides from a distance
611 of at least 500 feet.
612 (3) A bicycle or [its rider] a person operating the bicycle may be equipped with lights
613 or reflectors in addition to those required by Subsections (1) and (2).
614 Section 7. Section 41-12a-301 is amended to read:
615 41-12a-301. Definition -- Requirement of owner's or operator's security --
616 Exceptions.

617 (1) As used in this section:
618 (a) "highway" has the same meaning as provided in Section 41-1a-102 ; and
619 (b) "quasi-public road or parking area" has the same meaning as provided in Section
620 41-6a-214 .
621 (2) Except as provided in Subsection (5):
622 (a) every resident owner of a motor vehicle shall maintain owner's or operator's
623 security in effect at any time that the motor vehicle is operated on a highway or on a
624 quasi-public road or parking area within the state; and
625 (b) every nonresident owner of a motor vehicle that has been physically present in this
626 state for:
627 (i) 90 or fewer days during the preceding 365 days shall maintain the type and amount
628 of owner's or operator's security required in [his] the owner's place of residence, in effect
629 continuously throughout the period the motor vehicle remains within Utah; or
630 (ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's
631 or operator's security in effect continuously throughout the period the motor vehicle remains
632 within Utah.
633 (3) (a) Except as provided in Subsection (5), the state and all of its political
634 subdivisions and their respective departments, institutions, or agencies shall maintain owner's
635 or operator's security in effect continuously for their motor vehicles.
636 (b) Any other state is considered a nonresident owner of its motor vehicles and is
637 subject to Subsection (2)(b).
638 (4) The United States, any political subdivision of it, or any of its agencies may
639 maintain owner's or operator's security in effect for their motor vehicles.
640 (5) Owner's or operator's security is not required for any of the following:
641 (a) an off-highway [vehicles] vehicle registered under Section 41-22-3 when operated
642 either:
643 (i) on a highway designated as open for off-highway vehicle use; or
644 (ii) in the manner prescribed by Subsections 41-22-10.3 (1) through (3);
645 (b) an off-highway [implements] implement of husbandry operated in the manner
646 prescribed by Subsections 41-22-5.5 (3) through (5);
647 (c) [electric assisted bicycles] a bicycle as defined under Section 41-6a-102 ;

648 (d) a motor assisted [scooters] scooter as defined under Section 41-6a-102 ; or
649 (e) an electric personal assistive mobility [devices] device as defined under Section
650 41-6a-102 .
651 Section 8. Section 53-3-202 is amended to read:
652 53-3-202. Drivers must be licensed -- Taxicab endorsement -- Violation.
653 (1) A person may not drive a motor vehicle on a highway in this state unless the person
654 is:
655 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
656 division under this chapter;
657 (b) driving an official United States Government class D motor vehicle with a valid
658 United States Government driver permit or license for that type of vehicle;
659 (c) driving a road roller, road machinery, or any farm tractor or implement of
660 husbandry temporarily drawn, moved, or propelled on the highways;
661 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
662 has in the nonresident's immediate possession a valid license certificate issued to the
663 nonresident in the nonresident's home state or country and is driving in the class or classes
664 identified on the home state license certificate, except those persons referred to in Part 6,
665 Drivers' License Compact, of this chapter;
666 (e) a nonresident who is at least 18 years of age and who has in the nonresident's
667 immediate possession a valid license certificate issued to the nonresident in the nonresident's
668 home state or country if driving in the class or classes identified on the home state license
669 certificate, except those persons referred to in Part 6, Drivers' License Compact, of this chapter;
670 (f) driving under a learner permit in accordance with Section 53-3-210.5 ;
671 (g) driving with a temporary license certificate issued in accordance with Section
672 53-3-207 ; or
673 (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
674 (2) A person may not drive or, while within the passenger compartment of a motor
675 vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
676 motor vehicle upon a highway unless the person:
677 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
678 being towed; or

679 (b) is exempted under either Subsection (1)(b) or (1)(c).
680 (3) A person may not drive a motor vehicle as a taxicab on a highway of this state
681 unless the person has a taxicab endorsement issued by the division on [his] the person's license
682 certificate.
683 (4) (a) Except as provided in Subsections (4)(b) and (c), a person may not operate:
684 (i) a motorcycle unless the person has a valid class D driver license and a motorcycle
685 endorsement issued under this chapter;
686 (ii) a street legal all-terrain vehicle unless the person has a valid class D driver license;
687 or
688 (iii) a motor-driven cycle unless the person has a valid class D driver license and a
689 motorcycle endorsement issued under this chapter.
690 (b) A person operating a moped, as defined in Section 41-6a-102 , or [an electric
691 assisted] a bicycle, as defined in Section 41-6a-102 , is not required to have a motorcycle
692 endorsement issued under this chapter.
693 (c) A person is not required to have a valid class D driver license if the person is:
694 (i) operating a motor assisted scooter, as defined in Section 41-6a-102 , in accordance
695 with Section 41-6a-1115 ; or
696 (ii) operating an electric personal assistive mobility device, as defined in Section
697 41-6a-102 , in accordance with Section 41-6a-1116 .
698 (5) A person who violates this section is guilty of a class C misdemeanor.




Legislative Review Note
as of 1-22-13 9:32 AM

Office of Legislative Research and General Counsel

[Bill Documents]