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7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by enacting sentencing requirements for certain
10 violations that impact vulnerable users of a highway.
11 Highlighted Provisions:
12 This bill:
13 . defines vulnerable user of a highway;
14 . provides that if a person contributes to the physical injury of a vulnerable user of a
15 highway during the commission of a moving traffic violation, the court:
16 . shall impose a sentence that requires the person convicted of the offense to
17 complete a defensive driving course and perform community service; and
18 . may impose a fine that is up to double the recommended fine amount; and
19 . makes technical corrections.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 41-6a-102, as last amended by Laws of Utah 2009, Chapter 311
27 41-6a-202, as renumbered and amended by Laws of Utah 2005, Chapter 2
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-6a-102 is amended to read:
31 41-6a-102. Definitions.
32 As used in this chapter:
33 (1) "Alley" means a street or highway intended to provide access to the rear or side of
34 lots or buildings in urban districts and not intended for through vehicular traffic.
35 (2) "All-terrain type I vehicle" has the same meaning as defined in Section 41-22-2 .
36 (3) "Authorized emergency vehicle" includes:
37 (a) fire department vehicles;
38 (b) police vehicles;
39 (c) ambulances; and
40 (d) other publicly or privately owned vehicles as designated by the commissioner of the
41 Department of Public Safety.
42 (4) (a) "Bicycle" means every device:
43 (i) propelled by human power;
44 (ii) upon which a person may ride; and
45 (iii) having two tandem wheels.
46 (b) "Bicycle" does not include scooters and similar devices.
47 (5) (a) "Bus" means a motor vehicle:
48 (i) designed for carrying more than 15 passengers and used for the transportation of
49 persons; or
50 (ii) designed and used for the transportation of persons for compensation.
51 (b) "Bus" does not include a taxicab.
52 (6) (a) "Circular intersection" means an intersection that has an island, generally
53 circular in design, located in the center of the intersection where traffic passes to the right of
54 the island.
55 (b) "Circular intersection" includes:
56 (i) roundabouts;
57 (ii) rotaries; and
58 (iii) traffic circles.
59 (7) "Commissioner" means the commissioner of the Department of Public Safety.
60 (8) "Controlled-access highway" means a highway, street, or roadway:
61 (a) designed primarily for through traffic; and
62 (b) to or from which owners or occupants of abutting lands and other persons have no
63 legal right of access, except at points as determined by the highway authority having
64 jurisdiction over the highway, street, or roadway.
65 (9) "Crosswalk" means:
66 (a) that part of a roadway at an intersection included within the connections of the
67 lateral lines of the sidewalks on opposite sides of the highway measured from:
68 (i) (A) the curbs; or
69 (B) in the absence of curbs, from the edges of the traversable roadway; and
70 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
71 included within the extension of the lateral lines of the existing sidewalk at right angles to the
72 centerline; or
73 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
74 pedestrian crossing by lines or other markings on the surface.
75 (10) "Department" means the Department of Public Safety.
76 (11) "Direct supervision" means oversight at a distance within which:
77 (a) visual contact is maintained; and
78 (b) advice and assistance can be given and received.
79 (12) "Divided highway" means a highway divided into two or more roadways by:
80 (a) an unpaved intervening space;
81 (b) a physical barrier; or
82 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
83 (13) "Electric assisted bicycle" means a moped:
84 (a) with an electric motor with a power output of not more than 1,000 watts; and
85 (b) which is not capable of:
86 (i) propelling the device at a speed of more than 20 miles per hour on level ground; and
87 (ii) increasing the speed of the device when human power is used to propel the device
88 at more than 20 miles per hour.
89 (14) (a) "Electric personal assistive mobility device" means a self-balancing device
91 (i) two nontandem wheels in contact with the ground;
92 (ii) a system capable of steering and stopping the unit under typical operating
94 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
95 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
96 (v) a deck design for a person to stand while operating the device.
97 (b) "Electric personal assistive mobility device" does not include a wheelchair.
98 (15) "Explosives" means any chemical compound or mechanical mixture commonly
99 used or intended for the purpose of producing an explosion and which contains any oxidizing
100 and combustive units or other ingredients in proportions, quantities, or packing so that an
101 ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or
102 mixture may cause a sudden generation of highly heated gases, and the resultant gaseous
103 pressures are capable of producing destructive effects on contiguous objects or of causing death
104 or serious bodily injury.
105 (16) "Farm tractor" means a motor vehicle designed and used primarily as a farm
106 implement, for drawing plows, mowing machines, and other implements of husbandry.
107 (17) "Flammable liquid" means a liquid which has a flashpoint of 100 degrees F. or
108 less, as determined by a tagliabue or equivalent closed-cup test device.
109 (18) "Freeway" means a controlled-access highway that is part of the interstate system
110 as defined in Section 72-1-102 .
111 (19) "Gore area" means the area delineated by two solid white lines that is between a
112 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
113 including similar areas between merging or splitting highways.
114 (20) "Gross weight" means the weight of a vehicle without a load plus the weight of
115 any load on the vehicle.
116 (21) "Highway" means the entire width between property lines of every way or place of
117 any nature when any part of it is open to the use of the public as a matter of right for vehicular
119 (22) "Highway authority" has the same meaning as defined in Section 72-1-102 .
120 (23) (a) "Intersection" means the area embraced within the prolongation or connection
121 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
122 more highways which join one another.
123 (b) Where a highway includes two roadways 30 feet or more apart:
124 (i) every crossing of each roadway of the divided highway by an intersecting highway
125 is a separate intersection; and
126 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
127 every crossing of two roadways of the highways is a separate intersection.
128 (c) "Intersection" does not include the junction of an alley with a street or highway.
129 (24) "Island" means an area between traffic lanes or at an intersection for control of
130 vehicle movements or for pedestrian refuge designated by:
131 (a) pavement markings, which may include an area designated by two solid yellow
132 lines surrounding the perimeter of the area;
133 (b) channelizing devices;
134 (c) curbs;
135 (d) pavement edges; or
136 (e) other devices.
137 (25) "Law enforcement agency" has the same meaning as defined in Section 53-1-102 .
138 (26) "Limited access highway" means a highway:
139 (a) that is designated specifically for through traffic; and
140 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
141 persons have any right or easement, or have only a limited right or easement of access, light,
142 air, or view.
143 (27) "Local highway authority" means the legislative, executive, or governing body of
144 a county, municipal, or other local board or body having authority to enact laws relating to
145 traffic under the constitution and laws of the state.
146 (28) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
147 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
148 (ii) has a capacity of not more than four passengers, including the driver.
149 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
150 (29) "Metal tire" means a tire, the surface of which in contact with the highway is
151 wholly or partly of metal or other hard nonresilient material.
152 (30) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
153 saddle that is less than 24 inches from the ground as measured on a level surface with properly
154 inflated tires.
155 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
156 (c) "Mini-motorcycle" does not include a motorcycle that is:
157 (i) designed for off-highway use; and
158 (ii) registered as an off-highway vehicle under Section 41-22-3 .
159 (31) "Mobile home" means:
160 (a) a trailer or semitrailer which is:
161 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
162 place either permanently or temporarily; and
163 (ii) equipped for use as a conveyance on streets and highways; or
164 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
165 constructed for use as a mobile home, as defined in Subsection (31)(a), but which is instead
166 used permanently or temporarily for:
167 (i) the advertising, sale, display, or promotion of merchandise or services; or
168 (ii) any other commercial purpose except the transportation of property for hire or the
169 transportation of property for distribution by a private carrier.
170 (32) (a) "Moped" means a motor-driven cycle having:
171 (i) pedals to permit propulsion by human power; and
172 (ii) a motor which:
173 (A) produces not more than two brake horsepower; and
174 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
175 level ground.
176 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
177 centimeters and the moped shall have a power drive system that functions directly or
178 automatically without clutching or shifting by the operator after the drive system is engaged.
179 (c) "Moped" includes an electric assisted bicycle and a motor assisted scooter.
180 (33) "Motor assisted scooter" means a self-propelled device with:
181 (a) at least two wheels in contact with the ground;
182 (b) a braking system capable of stopping the unit under typical operating conditions;
183 (c) a gas or electric motor not exceeding 40 cubic centimeters;
184 (d) either:
185 (i) a deck design for a person to stand while operating the device; or
186 (ii) a deck and seat designed for a person to sit, straddle, or stand while operating the
187 device; and
188 (e) a design for the ability to be propelled by human power alone.
189 (34) (a) "Motor vehicle" means a vehicle which is self-propelled and every vehicle
190 which is propelled by electric power obtained from overhead trolley wires, but not operated
191 upon rails.
192 (b) "Motor vehicle" does not include vehicles moved solely by human power,
193 motorized wheelchairs, or an electric personal assistive mobility device.
194 (35) "Motorcycle" means a motor vehicle, other than a tractor, having a seat or saddle
195 for the use of the rider and designed to travel with not more than three wheels in contact with
196 the ground.
197 (36) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped, electric
198 assisted bicycle, motor assisted scooter, and every motorized bicycle having:
199 (i) an engine with less than 150 cubic centimeters displacement; or
200 (ii) a motor which produces not more than five horsepower.
201 (b) "Motor-driven cycle" does not include an electric personal assistive mobility
203 (37) "Off-highway implement of husbandry" has the same meaning as defined under
204 Section 41-22-2 .
205 (38) "Off-highway vehicle" has the same meaning as defined under Section 41-22-2 .
206 (39) "Operator" means a person who is in actual physical control of a vehicle.
207 (40) (a) "Park" or "parking" means the standing of a vehicle, whether occupied or not.
208 (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
209 purpose of and while actually engaged in loading or unloading property or passengers.
210 (41) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
211 Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
213 (42) "Pedestrian" means a person traveling:
214 (a) on foot; or
215 (b) in a wheelchair.
216 (43) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
218 (44) "Person" means every natural person, firm, copartnership, association, or
220 (45) "Pole trailer" means every vehicle without motive power:
221 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
222 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
223 (b) that is ordinarily used for transporting long or irregular shaped loads including
224 poles, pipes, or structural members generally capable of sustaining themselves as beams
225 between the supporting connections.
226 (46) "Private road or driveway" means every way or place in private ownership and
227 used for vehicular travel by the owner and those having express or implied permission from the
228 owner, but not by other persons.
229 (47) "Railroad" means a carrier of persons or property upon cars operated on stationary
231 (48) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
232 public body or official or by a railroad and intended to give notice of the presence of railroad
233 tracks or the approach of a railroad train.
234 (49) "Railroad train" means a locomotive propelled by any form of energy, coupled
235 with or operated without cars, and operated upon rails.
236 (50) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful
237 manner in preference to another vehicle or pedestrian approaching under circumstances of
238 direction, speed, and proximity which give rise to danger of collision unless one grants
239 precedence to the other.
240 (51) (a) "Roadway" means that portion of highway improved, designed, or ordinarily
241 used for vehicular travel.
242 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
243 them are used by persons riding bicycles or other human-powered vehicles.
244 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
245 a highway includes two or more separate roadways.
246 (52) "Safety zone" means the area or space officially set apart within a roadway for the
247 exclusive use of pedestrians and which is protected, marked, or indicated by adequate signs as
248 to be plainly visible at all times while set apart as a safety zone.
249 (53) (a) "School bus" means a motor vehicle that:
250 (i) complies with the color and identification requirements of the most recent edition of
251 "Minimum Standards for School Buses"; and
252 (ii) is used to transport school children to or from school or school activities.
253 (b) "School bus" does not include a vehicle operated by a common carrier in
254 transportation of school children to or from school or school activities.
255 (54) (a) "Semitrailer" means a vehicle with or without motive power:
256 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
258 (ii) constructed so that some part of its weight and that of its load rests on or is carried
259 by another vehicle.
260 (b) "Semitrailer" does not include a pole trailer.
261 (55) "Shoulder area" means:
262 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
263 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
265 (b) that portion of the road contiguous to the roadway for accommodation of stopped
266 vehicles, for emergency use, and lateral support.
267 (56) "Sidewalk" means that portion of a street between the curb lines, or the lateral
268 lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
269 (57) "Solid rubber tire" means a tire of rubber or other resilient material which does not
270 depend on compressed air for the support of the load.
271 (58) "Stand" or "standing" means the temporary halting of a vehicle, whether occupied
272 or not, for the purpose of and while actually engaged in receiving or discharging passengers.
273 (59) "Stop" when required means complete cessation from movement.
274 (60) "Stop" or "stopping" when prohibited means any halting even momentarily of a
275 vehicle, whether occupied or not, except when:
276 (a) necessary to avoid conflict with other traffic; or
277 (b) in compliance with the directions of a peace officer or traffic-control device.
278 (61) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
279 vehicle or utility type vehicle that is modified to meet the requirements of Section 41-6a-1509
280 to operate on highways in the state in accordance with Section 41-6a-1509 .
281 (62) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
282 conveyances either singly or together while using any highway for the purpose of travel.
283 (63) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
284 with this chapter placed or erected by a highway authority for the purpose of regulating,
285 warning, or guiding traffic.
286 (64) "Traffic-control signal" means a device, whether manually, electrically, or
287 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
288 (65) "Traffic signal preemption device" means an instrument or mechanism designed,
289 intended, or used to interfere with the operation or cycle of a traffic-control signal.
290 (66) (a) "Trailer" means a vehicle with or without motive power designed for carrying
291 persons or property and for being drawn by a motor vehicle and constructed so that no part of
292 its weight rests upon the towing vehicle.
293 (b) "Trailer" does not include a pole trailer.
294 (67) "Truck" means a motor vehicle designed, used, or maintained primarily for the
295 transportation of property.
296 (68) "Truck tractor" means a motor vehicle:
297 (a) designed and used primarily for drawing other vehicles; and
298 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
300 (69) "Two-way left turn lane" means a lane:
301 (a) provided for vehicle operators making left turns in either direction;
302 (b) that is not used for passing, overtaking, or through travel; and
303 (c) that has been indicated by a lane traffic-control device which may include lane
305 (70) "Urban district" means the territory contiguous to and including any street, in
306 which structures devoted to business, industry, or dwelling houses are situated at intervals of
307 less than 100 feet, for a distance of a quarter of a mile or more.
308 (71) (a) "Utility type vehicle" means any recreational vehicle designed for and capable
309 of travel over unimproved terrain:
310 (i) traveling on four or more tires;
311 (ii) having a width of 30 to 70 inches;
312 (iii) having an unladen dry weight of 2,200 pounds or less;
313 (iv) having a seat height of 25 to 40 inches when measured at the forward edge of the
314 seat bottom; and
315 (v) having side-by-side seating with a steering wheel for control.
316 (b) "Utility type vehicle" does not include:
317 (i) an all-terrain type I vehicle;
318 (ii) an all-terrain type II vehicle;
319 (iii) a motorcycle; or
320 (iv) a snowmobile as defined in Section 41-22-2 .
321 (72) "Vehicle" means a device in, on, or by which a person or property is or may be
322 transported or drawn on a highway, except devices used exclusively on stationary rails or
324 (73) "Vulnerable user of a highway" means:
325 (a) a pedestrian, including a person engaged in work upon a highway or upon utilities
326 facilities along a highway or providing emergency services within the right-of-way of a
328 (b) a person riding an animal; or
329 (c) a person operating any of the following on a highway:
330 (i) a farm tractor or implement of husbandry, without an enclosed shell;
331 (ii) a skateboard;
332 (iii) roller skates;
333 (iv) in-line skates;
334 (v) a bicycle;
335 (vi) an electric-assisted bicycle;
336 (vii) an electric personal assistive mobility device;
337 (viii) a moped;
338 (ix) a motor-driven cycle;
339 (x) a motorized scooter; or
340 (xi) a motorcycle.
341 Section 2. Section 41-6a-202 is amended to read:
342 41-6a-202. Violations of chapter -- Penalties.
343 (1) A violation of any provision of this chapter is a class C misdemeanor, unless
344 otherwise provided.
345 (2) A violation of any provision of Parts 2, 11, 17, and 18 of this chapter is an
346 infraction, unless otherwise provided.
347 (3) If a person who violates a moving traffic violation under this chapter contributes to
348 the physical injury of a vulnerable user of a highway who is lawfully on the highway during the
349 commission of the offense, the court:
350 (a) shall impose a sentence that requires the person convicted of the offense to:
351 (i) complete a defensive driving course approved by:
352 (A) the Driver License Division; or
353 (B) a court in this state; and
354 (ii) perform up to 100 hours of community service directly related to improving
355 interactions between motorists and vulnerable users of a highway; and
356 (b) may impose a fine that is up to double the fine amount in the uniform
357 recommended fine schedule established under Section 76-3-301.5 .
Legislative Review Note
as of 2-4-13 11:57 AM