H.B. 289
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7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to traffic-control
10 signals.
11 Highlighted Provisions:
12 This bill:
13 . repeals the sunset date on the affirmative defense for an operator of a motorcycle,
14 moped, or bicycle who is 16 years of age or older, to a red light or red arrow
15 violation in certain circumstances.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 41-6a-305 , as last amended by Laws of Utah 2013, Chapters 131 and 360
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 41-6a-305 is amended to read:
26 41-6a-305. Traffic-control signal -- At intersections -- At place other than
27 intersection -- Color of light signal -- Inoperative traffic-control signals -- Affirmative
28 defense.
29 (1) (a) Green, red, and yellow are the only colors that may be used in a traffic-control
30 signal, except for a:
31 (i) pedestrian traffic-control signal that may use white and orange; and
32 (ii) rail vehicle that may use white.
33 (b) Traffic-control signals apply to the operator of a vehicle and to a pedestrian as
34 provided in this section.
35 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the operator of a vehicle facing a
36 circular green signal may:
37 (A) proceed straight through the intersection;
38 (B) turn right; or
39 (C) turn left.
40 (ii) The operator of a vehicle facing a circular green signal, including an operator
41 turning right or left:
42 (A) shall yield the right-of-way to other vehicles and to pedestrians lawfully within the
43 intersection or an adjacent crosswalk at the time the signal is exhibited; and
44 (B) may not turn right or left if a sign at the intersection prohibits the turn.
45 (b) The operator of a vehicle facing a green arrow signal shown alone or in
46 combination with another indication:
47 (i) may cautiously enter the intersection only to make the movement indicated by the
48 arrow or other indication shown at the same time; and
49 (ii) shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk
50 and to other traffic lawfully using the intersection.
51 (c) Unless otherwise directed by a pedestrian traffic-control signal under Section
52 41-6a-306 , a pedestrian facing any green signal other than a green turn arrow may proceed
53 across the roadway within any marked or unmarked crosswalk.
54 (3) (a) The operator of a vehicle facing a steady circular yellow or yellow arrow signal
55 is warned that the allowable movement related to a green signal is being terminated.
56 (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
57 41-6a-306 , a pedestrian facing a steady circular yellow or yellow arrow signal is advised that
58 there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian
59 may not start to cross the roadway.
60 (4) (a) Except as provided in Subsection (4)(c), the operator of a vehicle facing a
61 steady circular red or red arrow signal:
62 (i) may not enter the intersection unless entering the intersection to make a movement
63 is permitted by another indication; and
64 (ii) shall stop at a clearly marked stop line, but if none, before entering the marked or
65 unmarked crosswalk on the near side of the intersection and shall remain stopped until an
66 indication to proceed is shown.
67 (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
68 41-6a-306 , a pedestrian facing a steady red signal alone may not enter the roadway.
69 (c) (i) (A) The operator of a vehicle facing a steady circular red signal may cautiously
70 enter the intersection to turn right, or may turn left from a one-way street into a one-way street,
71 after stopping as required by Subsection (4)(a).
72 (B) If permitted by a traffic control device on the state highway system, the operator of
73 a vehicle facing a steady red arrow signal may cautiously enter the intersection to turn left from
74 a one-way street into a one-way street after stopping as required by Subsection (4)(a).
75 (ii) The operator of a vehicle under Subsection (4)(c)(i) shall yield the right-of-way to:
76 (A) another vehicle moving through the intersection in accordance with an official
77 traffic-control signal; and
78 (B) a pedestrian lawfully within an adjacent crosswalk.
79 (5) (a) This section applies to a highway or rail line where a traffic-control signal is
80 erected and maintained.
81 (b) Any stop required shall be made at a sign or marking on the highway pavement
82 indicating where the stop shall be made, but, in the absence of any sign or marking, the stop
83 shall be made at the signal.
84 (6) The operator of a vehicle approaching an intersection that has an inoperative
85 traffic-control signal shall:
86 (a) stop before entering the intersection; and
87 (b) yield the right-of-way to any vehicle as required under Section 41-6a-901 .
88 (7) (a) [
89 who is 16 years of age or older, it is an affirmative defense to a violation of Subsection (4)(a) if
90 the operator of a motorcycle, moped, or bicycle facing a steady circular red signal or red arrow:
91 (i) brings the motorcycle, moped, or bicycle to a complete stop at the intersection or
92 stop line;
93 (ii) determines that:
94 (A) the traffic-control signal has not detected the operator's presence by waiting a
95 reasonable period of time of not less than 90 seconds at the intersection or stop line before
96 entering the intersection;
97 (B) no other vehicle that is entitled to have the right-of-way under applicable law is
98 sitting at, traveling through, or approaching the intersection; and
99 (C) no pedestrians are attempting to cross at or near the intersection in the direction of
100 travel of the operator; and
101 (iii) cautiously enters the intersection and proceeds across the roadway.
102 (b) The affirmative defense under this section does not apply at an active railroad grade
103 crossing as defined in Section 41-6a-1005 .
Legislative Review Note
as of 1-21-14 9:19 AM