This document includes House Floor Amendments incorporated into the bill on Thu, Jan 28, 2016 at 1:16 PM by cynthiahopkin.
1     
UNCONVENTIONAL VEHICLE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stewart Barlow

5     
Senate Sponsor: Karen Mayne

6     

7     LONG TITLE
8     Committee Note:
9          The Transportation Interim Committee recommended this bill.
10     General Description:
11          This bill enacts requirements related to an autocycle.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines an autocycle;
15          ▸     makes an autocycle subject to the same requirements as a motorcycle under the
16     Motor Vehicle Act;     
17          ▸     requires a driver of an autocycle to wear a helmet if the driver is under 18 years of
18     age and the autocycle is not fully enclosed Ĥ→ and is not equipped with roll bars ←Ĥ ;
19          ▸     defines safety equipment required for an autocycle; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          41-1a-102, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
28          41-6a-102, as last amended by Laws of Utah 2014, Chapters 104 and 229
29          41-6a-1505, as last amended by Laws of Utah 2015, Chapter 412
30          41-6a-1506, as last amended by Laws of Utah 2015, Chapter 412
31          41-21-1, as last amended by Laws of Utah 2015, Chapter 169
32          53-3-102, as last amended by Laws of Utah 2015, Chapters 52, 461 and last amended
33     by Coordination Clause, Laws of Utah 2015, Chapter 52
34          53-3-202, as last amended by Laws of Utah 2015, Chapters 331 and 412
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 41-1a-102 is amended to read:
38          41-1a-102. Definitions.
39          As used in this chapter:
40          (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
41          (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
42     vehicles as operated and certified to by a weighmaster.
43          (3) "All-terrain type I vehicle" has the same meaning provided in Section 41-22-2.
44          (4) "All-terrain type II vehicle" has the same meaning provided in Section 41-22-2.
45          (5) "Amateur radio operator" means any person licensed by the Federal
46     Communications Commission to engage in private and experimental two-way radio operation
47     on the amateur band radio frequencies.
48          (6) "Autocycle" means the same as that term is defined in Section 53-3-102.
49          [(6)] (7) "Branded title" means a title certificate that is labeled:
50          (a) rebuilt and restored to operation;
51          (b) flooded and restored to operation; or
52          (c) not restored to operation.
53          [(7)] (8) "Camper" means any structure designed, used, and maintained primarily to be
54     mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
55     mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
56     camping.
57          [(8)] (9) "Certificate of title" means a document issued by a jurisdiction to establish a
58     record of ownership between an identified owner and the described vehicle, vessel, or outboard
59     motor.
60          [(9)] (10) "Certified scale weigh ticket" means a weigh ticket that has been issued by a
61     weighmaster.
62          [(10)] (11) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or
63     maintained for the transportation of persons or property that operates:
64          (a) as a carrier for hire, compensation, or profit; or
65          (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
66     owner's commercial enterprise.
67          [(11)] (12) "Commission" means the State Tax Commission.
68          [(12)] (13) "Dealer" means a person engaged or licensed to engage in the business of
69     buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright
70     or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an
71     established place of business for the sale, lease, trade, or display of vehicles, vessels, or
72     outboard motors.
73          [(13)] (14) "Division" means the Motor Vehicle Division of the commission, created in
74     Section 41-1a-106.
75          [(14)] (15) "Essential parts" means all integral and body parts of a vehicle of a type
76     required to be registered in this state, the removal, alteration, or substitution of which would
77     tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or
78     mode of operation.
79          [(15)] (16) "Farm tractor" means every motor vehicle designed and used primarily as a
80     farm implement for drawing plows, mowing machines, and other implements of husbandry.
81          [(16)] (17) (a) "Farm truck" means a truck used by the owner or operator of a farm
82     solely for his own use in the transportation of:
83          (i) farm products, including livestock and its products, poultry and its products,
84     floricultural and horticultural products;
85          (ii) farm supplies, including tile, fence, and every other thing or commodity used in
86     agricultural, floricultural, horticultural, livestock, and poultry production; and
87          (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
88     other purposes connected with the operation of a farm.
89          (b) "Farm truck" does not include the operation of trucks by commercial processors of
90     agricultural products.
91          [(17)] (18) "Fleet" means one or more commercial vehicles.
92          [(18)] (19) "Foreign vehicle" means a vehicle of a type required to be registered,
93     brought into this state from another state, territory, or country other than in the ordinary course
94     of business by or through a manufacturer or dealer, and not registered in this state.
95          [(19)] (20) "Gross laden weight" means the actual weight of a vehicle or combination
96     of vehicles, equipped for operation, to which shall be added the maximum load to be carried.
97          [(20)] (21) "Highway" or "street" means the entire width between property lines of
98     every way or place of whatever nature when any part of it is open to the public, as a matter of
99     right, for purposes of vehicular traffic.
100          [(21)] (22) (a) "Identification number" means the identifying number assigned by the
101     manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
102     motor.
103          (b) "Identification number" includes a vehicle identification number, state assigned
104     identification number, hull identification number, and motor serial number.
105          [(22)] (23) "Implement of husbandry" means every vehicle designed or adapted and
106     used exclusively for an agricultural operation and only incidentally operated or moved upon the
107     highways.
108          [(23)] (24) (a) "In-state miles" means the total number of miles operated in this state
109     during the preceding year by fleet power units.
110          (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
111     total number of miles that those vehicles were towed on Utah highways during the preceding
112     year.
113          [(24)] (25) "Interstate vehicle" means any commercial vehicle operated in more than
114     one state, province, territory, or possession of the United States or foreign country.
115          [(25)] (26) "Jurisdiction" means a state, district, province, political subdivision,
116     territory, or possession of the United States or any foreign country.
117          [(26)] (27) "Lienholder" means a person with a security interest in particular property.
118          [(27)] (28) "Manufactured home" means a transportable factory built housing unit
119     constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
120     Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is
121     eight body feet or more in width or 40 body feet or more in length, or when erected on site, is
122     400 or more square feet, and which is built on a permanent chassis and designed to be used as a
123     dwelling with or without a permanent foundation when connected to the required utilities, and
124     includes the plumbing, heating, air-conditioning, and electrical systems.
125          [(28)] (29) "Manufacturer" means a person engaged in the business of constructing,
126     manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
127     outboard motors for the purpose of sale or trade.
128          [(29)] (30) "Mobile home" means a transportable factory built housing unit built prior
129     to June 15, 1976, in accordance with a state mobile home code which existed prior to the
130     Federal Manufactured Housing and Safety Standards Act (HUD Code).
131          [(30)] (31) "Motorboat" has the same meaning as provided in Section 73-18-2.
132          [(31)] (32) "Motorcycle" means:
133          (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
134     more than three wheels in contact with the ground[.]; or
135          (b) an autocycle.
136          [(32)] (33) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for
137     use and operation on the highways.
138          (b) "Motor vehicle" does not include an off-highway vehicle.
139          [(33)] (34) (a) "Nonresident" means a person who is not a resident of this state as
140     defined by Section 41-1a-202, and who does not engage in intrastate business within this state
141     and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.
142          (b) A person who engages in intrastate business within this state and operates in that
143     business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
144     interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
145     considered a resident of this state, insofar as that vehicle is concerned in administering this
146     chapter.
147          [(34)] (35) "Odometer" means a device for measuring and recording the actual distance
148     a vehicle travels while in operation, but does not include any auxiliary odometer designed to be
149     periodically reset.
150          [(35)] (36) "Off-highway implement of husbandry" has the same meaning as provided
151     in Section 41-22-2.
152          [(36)] (37) "Off-highway vehicle" has the same meaning as provided in Section
153     41-22-2.
154          [(37)] (38) "Operate" means to drive or be in actual physical control of a vehicle or to
155     navigate a vessel.
156          [(38)] (39) "Outboard motor" means a detachable self-contained propulsion unit,
157     excluding fuel supply, used to propel a vessel.
158          [(39)] (40) (a) "Owner" means a person, other than a lienholder, holding title to a
159     vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
160     subject to a security interest.
161          (b) If a vehicle is the subject of an agreement for the conditional sale or installment
162     sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
163     stated in the agreement and with an immediate right of possession vested in the conditional
164     vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
165     conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
166     chapter.
167          (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
168     owner until the lessee exercises his option to purchase the vehicle.
169          [(40)] (41) "Park model recreational vehicle" means a unit that:
170          (a) is designed and marketed as temporary living quarters for recreational, camping,
171     travel, or seasonal use;
172          (b) is not permanently affixed to real property for use as a permanent dwelling;
173          (c) requires a special highway movement permit for transit; and
174          (d) is built on a single chassis mounted on wheels with a gross trailer area not
175     exceeding 400 square feet in the setup mode.
176          [(41)] (42) "Personalized license plate" means a license plate that has displayed on it a
177     combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
178     to the vehicle by the division.
179          [(42)] (43) (a) "Pickup truck" means a two-axle motor vehicle with motive power
180     manufactured, remanufactured, or materially altered to provide an open cargo area.
181          (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
182     camper, camper shell, tarp, removable top, or similar structure.
183          [(43)] (44) "Pneumatic tire" means every tire in which compressed air is designed to
184     support the load.
185          [(44)] (45) "Preceding year" means a period of 12 consecutive months fixed by the
186     division that is within 16 months immediately preceding the commencement of the registration
187     or license year in which proportional registration is sought. The division in fixing the period
188     shall conform it to the terms, conditions, and requirements of any applicable agreement or
189     arrangement for the proportional registration of vehicles.
190          [(45)] (46) "Public garage" means every building or other place where vehicles or
191     vessels are kept and stored and where a charge is made for the storage and keeping of vehicles
192     and vessels.
193          [(46)] (47) "Receipt of surrender of ownership documents" means the receipt of
194     surrender of ownership documents described in Section 41-1a-503.
195          [(47)] (48) "Reconstructed vehicle" means every vehicle of a type required to be
196     registered in this state that is materially altered from its original construction by the removal,
197     addition, or substitution of essential parts, new or used.
198          [(48)] (49) "Recreational vehicle" has the same meaning as provided in Section
199     13-14-102.
200          [(49)] (50) "Registration" means a document issued by a jurisdiction that allows
201     operation of a vehicle or vessel on the highways or waters of this state for the time period for
202     which the registration is valid and that is evidence of compliance with the registration
203     requirements of the jurisdiction.
204          [(50)] (51) (a) "Registration year" means a 12 consecutive month period commencing
205     with the completion of all applicable registration criteria.
206          (b) For administration of a multistate agreement for proportional registration the
207     division may prescribe a different 12-month period.
208          [(51)] (52) "Repair or replacement" means the restoration of vehicles, vessels, or
209     outboard motors to a sound working condition by substituting any inoperative part of the
210     vehicle, vessel, or outboard motor, or by correcting the inoperative part.
211          [(52)] (53) "Replica vehicle" means:
212          (a) a street rod that meets the requirements under Subsection 41-21-1(1)(a)(i)(B); or
213          (b) a custom vehicle that meets the requirements under Subsection
214     41-6a-1507(1)(a)(i)(B).
215          [(53)] (54) "Road tractor" means every motor vehicle designed and used for drawing
216     other vehicles and constructed so it does not carry any load either independently or any part of
217     the weight of a vehicle or load that is drawn.
218          [(54)] (55) "Sailboat" [has the same meaning as provided] means the same as that term
219     is defined in Section 73-18-2.
220          [(55)] (56) "Security interest" means an interest that is reserved or created by a security
221     agreement to secure the payment or performance of an obligation and that is valid against third
222     parties.
223          [(56)] (57) "Semitrailer" means every vehicle without motive power designed for
224     carrying persons or property and for being drawn by a motor vehicle and constructed so that
225     some part of its weight and its load rests or is carried by another vehicle.
226          [(57)] (58) "Special group license plate" means a type of license plate designed for a
227     particular group of people or a license plate authorized and issued by the division in accordance
228     with Section 41-1a-418.
229          [(58)] (59) (a) "Special interest vehicle" means a vehicle used for general
230     transportation purposes and that is:
231          (i) 20 years or older from the current year; or
232          (ii) a make or model of motor vehicle recognized by the division director as having
233     unique interest or historic value.
234          (b) In making [his] a determination under Subsection [(58)] (59)(a), the division
235     director shall give special consideration to:
236          (i) a make of motor vehicle that is no longer manufactured;
237          (ii) a make or model of motor vehicle produced in limited or token quantities;
238          (iii) a make or model of motor vehicle produced as an experimental vehicle or one
239     designed exclusively for educational purposes or museum display; or
240          (iv) a motor vehicle of any age or make that has not been substantially altered or
241     modified from original specifications of the manufacturer and because of its significance is
242     being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
243     leisure pursuit.
244          [(59)] (60) (a) "Special mobile equipment" means every vehicle:
245          (i) not designed or used primarily for the transportation of persons or property;
246          (ii) not designed to operate in traffic; and
247          (iii) only incidentally operated or moved over the highways.
248          (b) "Special mobile equipment" includes:
249          (i) farm tractors;
250          (ii) off-road motorized construction or maintenance equipment including backhoes,
251     bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
252          (iii) ditch-digging apparatus.
253          (c) "Special mobile equipment" does not include a commercial vehicle as defined
254     under Section 72-9-102.
255          [(60)] (61) "Specially constructed vehicle" means every vehicle of a type required to be
256     registered in this state, not originally constructed under a distinctive name, make, model, or
257     type by a generally recognized manufacturer of vehicles, and not materially altered from its
258     original construction.
259          [(61)] (62) "Title" means the right to or ownership of a vehicle, vessel, or outboard
260     motor.
261          [(62)] (63) (a) "Total fleet miles" means the total number of miles operated in all
262     jurisdictions during the preceding year by power units.
263          (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
264     the number of miles that those vehicles were towed on the highways of all jurisdictions during
265     the preceding year.
266          [(63)] (64) "Trailer" means a vehicle without motive power designed for carrying
267     persons or property and for being drawn by a motor vehicle and constructed so that no part of
268     its weight rests upon the towing vehicle.
269          [(64)] (65) "Transferee" means a person to whom the ownership of property is
270     conveyed by sale, gift, or any other means except by the creation of a security interest.
271          [(65)] (66) "Transferor" means a person who transfers his ownership in property by
272     sale, gift, or any other means except by creation of a security interest.
273          [(66)] (67) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable
274     vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
275     vacation use that does not require a special highway movement permit when drawn by a
276     self-propelled motor vehicle.
277          [(67)] (68) "Truck tractor" means a motor vehicle designed and used primarily for
278     drawing other vehicles and not constructed to carry a load other than a part of the weight of the
279     vehicle and load that is drawn.
280          [(68)] (69) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle,
281     camper, park model recreational vehicle, manufactured home, and mobile home.
282          [(69)] (70) "Vessel" [has the same meaning as provided] means the same as that term is
283     defined in Section 73-18-2.
284          [(70)] (71) "Vintage vehicle" [has the same meaning as provided] means the same as
285     that term is defined in Section 41-21-1.
286          [(71)] (72) "Waters of this state" [has the same meaning as provided] means the same
287     as that term is defined in Section 73-18-2.
288          [(72)] (73) "Weighmaster" means a person, association of persons, or corporation
289     permitted to weigh vehicles under this chapter.
290          Section 2. Section 41-6a-102 is amended to read:
291          41-6a-102. Definitions.
292          As used in this chapter:
293          (1) "Alley" means a street or highway intended to provide access to the rear or side of
294     lots or buildings in urban districts and not intended for through vehicular traffic.
295          (2) "All-terrain type I vehicle" [has the same meaning as] means the same as that term
296     is defined in Section 41-22-2.
297          (3) "Authorized emergency vehicle" includes:
298          (a) fire department vehicles;
299          (b) police vehicles;
300          (c) ambulances; and
301          (d) other publicly or privately owned vehicles as designated by the commissioner of the
302     Department of Public Safety.
303          (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
304          [(4)] (5) (a) "Bicycle" means a wheeled vehicle:
305          (i) propelled by human power by feet or hands acting upon pedals or cranks;
306          (ii) with a seat or saddle designed for the use of the operator;
307          (iii) designed to be operated on the ground; and
308          (iv) whose wheels are not less than 14 inches in diameter.
309          (b) "Bicycle" includes an electric assisted bicycle.
310          (c) "Bicycle" does not include scooters and similar devices.
311          [(5)] (6) (a) "Bus" means a motor vehicle:
312          (i) designed for carrying more than 15 passengers and used for the transportation of
313     persons; or
314          (ii) designed and used for the transportation of persons for compensation.
315          (b) "Bus" does not include a taxicab.
316          [(6)] (7) (a) "Circular intersection" means an intersection that has an island, generally
317     circular in design, located in the center of the intersection where traffic passes to the right of
318     the island.
319          (b) "Circular intersection" includes:
320          (i) roundabouts;
321          (ii) rotaries; and
322          (iii) traffic circles.
323          [(7)] (8) "Commissioner" means the commissioner of the Department of Public Safety.
324          [(8)] (9) "Controlled-access highway" means a highway, street, or roadway:
325          (a) designed primarily for through traffic; and
326          (b) to or from which owners or occupants of abutting lands and other persons have no
327     legal right of access, except at points as determined by the highway authority having
328     jurisdiction over the highway, street, or roadway.
329          [(9)] (10) "Crosswalk" means:
330          (a) that part of a roadway at an intersection included within the connections of the
331     lateral lines of the sidewalks on opposite sides of the highway measured from:
332          (i) (A) the curbs; or
333          (B) in the absence of curbs, from the edges of the traversable roadway; and
334          (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
335     included within the extension of the lateral lines of the existing sidewalk at right angles to the
336     centerline; or
337          (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
338     pedestrian crossing by lines or other markings on the surface.
339          [(10)] (11) "Department" means the Department of Public Safety.
340          [(11)] (12) "Direct supervision" means oversight at a distance within which:
341          (a) visual contact is maintained; and
342          (b) advice and assistance can be given and received.
343          [(12)] (13) "Divided highway" means a highway divided into two or more roadways
344     by:
345          (a) an unpaved intervening space;
346          (b) a physical barrier; or
347          (c) a clearly indicated dividing section constructed to impede vehicular traffic.
348          [(13)] (14) "Electric assisted bicycle" means a moped:
349          (a) with an electric motor with a power output of not more than 1,000 watts; and
350          (b) which is not capable of:
351          (i) propelling the device at a speed of more than 20 miles per hour on level ground
352     when:
353          (A) powered solely by the electric motor; and
354          (B) operated by a person who weighs 170 pounds; and
355          (ii) increasing the speed of the device when human power is used to propel the device
356     at more than 20 miles per hour;
357          (c) has fully operable pedals on permanently affixed cranks; and
358          (d) weighs less than 75 pounds.
359          [(14)] (15) (a) "Electric personal assistive mobility device" means a self-balancing
360     device with:
361          (i) two nontandem wheels in contact with the ground;
362          (ii) a system capable of steering and stopping the unit under typical operating
363     conditions;
364          (iii) an electric propulsion system with average power of one horsepower or 750 watts;
365          (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
366          (v) a deck design for a person to stand while operating the device.
367          (b) "Electric personal assistive mobility device" does not include a wheelchair.
368          [(15)] (16) "Explosives" means any chemical compound or mechanical mixture
369     commonly used or intended for the purpose of producing an explosion and that contains any
370     oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
371     that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
372     compound or mixture may cause a sudden generation of highly heated gases, and the resultant
373     gaseous pressures are capable of producing destructive effects on contiguous objects or of
374     causing death or serious bodily injury.
375          [(16)] (17) "Farm tractor" means a motor vehicle designed and used primarily as a farm
376     implement, for drawing plows, mowing machines, and other implements of husbandry.
377          [(17)] (18) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or
378     less, as determined by a tagliabue or equivalent closed-cup test device.
379          [(18)] (19) "Freeway" means a controlled-access highway that is part of the interstate
380     system as defined in Section 72-1-102.
381          [(19)] (20) (a) "Full-sized all-terrain vehicle" means any recreational vehicle designed
382     for and capable of travel over unimproved terrain:
383          (i) traveling on four or more tires;
384          (ii) having a width that, when measured at the widest point of the vehicle:
385          (A) is not less than 55 inches; or
386          (B) does not exceed 92 inches;
387          (iii) having an unladen dry weight of 6,500 pounds or less;
388          (iv) having a maximum seat height of 50 inches when measured at the forward edge of
389     the seat bottom; and
390          (v) having a steering wheel for control.
391          (b) "Full-sized all-terrain vehicle" does not include:
392          (i) all-terrain type I vehicle;
393          (ii) a utility type vehicle;
394          (iii) a motorcycle; or
395          (iv) a snowmobile as defined in Section 41-22-2.
396          [(20)] (21) "Gore area" means the area delineated by two solid white lines that is
397     between a continuing lane of a through roadway and a lane used to enter or exit the continuing
398     lane including similar areas between merging or splitting highways.
399          [(21)] (22) "Gross weight" means the weight of a vehicle without a load plus the
400     weight of any load on the vehicle.
401          [(22)] (23) "Highway" means the entire width between property lines of every way or
402     place of any nature when any part of it is open to the use of the public as a matter of right for
403     vehicular travel.
404          [(23)] (24) "Highway authority" [has the same meaning as] means the same as that
405     term is defined in Section 72-1-102.
406          [(24)] (25) (a) "Intersection" means the area embraced within the prolongation or
407     connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
408     of two or more highways which join one another.
409          (b) Where a highway includes two roadways 30 feet or more apart:
410          (i) every crossing of each roadway of the divided highway by an intersecting highway
411     is a separate intersection; and
412          (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
413     every crossing of two roadways of the highways is a separate intersection.
414          (c) "Intersection" does not include the junction of an alley with a street or highway.
415          [(25)] (26) "Island" means an area between traffic lanes or at an intersection for control
416     of vehicle movements or for pedestrian refuge designated by:
417          (a) pavement markings, which may include an area designated by two solid yellow
418     lines surrounding the perimeter of the area;
419          (b) channelizing devices;
420          (c) curbs;
421          (d) pavement edges; or
422          (e) other devices.
423          [(26)] (27) "Law enforcement agency" [has the same meaning as] means the same as
424     that term is defined in Section 53-1-102.
425          [(27)] (28) "Limited access highway" means a highway:
426          (a) that is designated specifically for through traffic; and
427          (b) over, from, or to which neither owners nor occupants of abutting lands nor other
428     persons have any right or easement, or have only a limited right or easement of access, light,
429     air, or view.
430          [(28)] (29) "Local highway authority" means the legislative, executive, or governing
431     body of a county, municipal, or other local board or body having authority to enact laws
432     relating to traffic under the constitution and laws of the state.
433          [(29)] (30) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
434          (i) is designed to be operated at speeds of not more than 25 miles per hour; and
435          (ii) has a capacity of not more than four passengers, including the driver.
436          (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
437          [(30)] (31) "Metal tire" means a tire, the surface of which in contact with the highway
438     is wholly or partly of metal or other hard nonresilient material.
439          [(31)] (32) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
440     seat or saddle that is less than 24 inches from the ground as measured on a level surface with
441     properly inflated tires.
442          (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
443          (c) "Mini-motorcycle" does not include a motorcycle that is:
444          (i) designed for off-highway use; and
445          (ii) registered as an off-highway vehicle under Section 41-22-3.
446          [(32)] (33) "Mobile home" means:
447          (a) a trailer or semitrailer that is:
448          (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
449     place either permanently or temporarily; and
450          (ii) equipped for use as a conveyance on streets and highways; or
451          (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
452     constructed for use as a mobile home, as defined in Subsection [(32)] (33)(a), but that is
453     instead used permanently or temporarily for:
454          (i) the advertising, sale, display, or promotion of merchandise or services; or
455          (ii) any other commercial purpose except the transportation of property for hire or the
456     transportation of property for distribution by a private carrier.
457          [(33)] (34) (a) "Moped" means a motor-driven cycle having:
458          (i) pedals to permit propulsion by human power; and
459          (ii) a motor that:
460          (A) produces not more than two brake horsepower; and
461          (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
462     level ground.
463          (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
464     centimeters and the moped shall have a power drive system that functions directly or
465     automatically without clutching or shifting by the operator after the drive system is engaged.
466          (c) "Moped" includes an electric assisted bicycle and a motor assisted scooter.
467          [(34)] (35) "Motor assisted scooter" means a self-propelled device with:
468          (a) at least two wheels in contact with the ground;
469          (b) a braking system capable of stopping the unit under typical operating conditions;
470          (c) a gas or electric motor not exceeding 40 cubic centimeters;
471          (d) either:
472          (i) a deck design for a person to stand while operating the device; or
473          (ii) a deck and seat designed for a person to sit, straddle, or stand while operating the
474     device; and
475          (e) a design for the ability to be propelled by human power alone.
476          [(35)] (36) "Motorcycle" means:
477          (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
478     and designed to travel with not more than three wheels in contact with the ground[.]; or
479          (b) an autocycle.
480          [(36)] (37) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped,
481     electric assisted bicycle, motor assisted scooter, and every motorized bicycle having:
482          (i) an engine with less than 150 cubic centimeters displacement; or
483          (ii) a motor that produces not more than five horsepower.
484          (b) "Motor-driven cycle" does not include an electric personal assistive mobility
485     device.
486          [(37)] (38) (a) "Motor vehicle" means a vehicle that is self-propelled and every vehicle
487     which is propelled by electric power obtained from overhead trolley wires, but not operated
488     upon rails.
489          (b) "Motor vehicle" does not include vehicles moved solely by human power,
490     motorized wheelchairs, or an electric personal assistive mobility device.
491          [(38)] (39) "Off-highway implement of husbandry" [has the same meaning as] means
492     the same as that term is defined under Section 41-22-2.
493          [(39)] (40) "Off-highway vehicle" [has the same meaning as] means the same as that
494     term is defined under Section 41-22-2.
495          [(40)] (41) "Operator" means a person who is in actual physical control of a vehicle.
496          [(41)] (42) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle
497     is occupied or not.
498          (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
499     purpose of and while actually engaged in loading or unloading property or passengers.
500          [(42)] (43) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
501     Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
502     traffic laws.
503          [(43)] (44) "Pedestrian" means a person traveling:
504          (a) on foot; or
505          (b) in a wheelchair.
506          [(44)] (45) "Pedestrian traffic-control signal" means a traffic-control signal used to
507     regulate pedestrians.
508          [(45)] (46) "Person" means every natural person, firm, copartnership, association, or
509     corporation.
510          [(46)] (47) "Pole trailer" means every vehicle without motive power:
511          (a) designed to be drawn by another vehicle and attached to the towing vehicle by
512     means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
513          (b) that is ordinarily used for transporting long or irregular shaped loads including
514     poles, pipes, or structural members generally capable of sustaining themselves as beams
515     between the supporting connections.
516          [(47)] (48) "Private road or driveway" means every way or place in private ownership
517     and used for vehicular travel by the owner and those having express or implied permission
518     from the owner, but not by other persons.
519          [(48)] (49) "Railroad" means a carrier of persons or property upon cars operated on
520     stationary rails.
521          [(49)] (50) "Railroad sign or signal" means a sign, signal, or device erected by
522     authority of a public body or official or by a railroad and intended to give notice of the presence
523     of railroad tracks or the approach of a railroad train.
524          [(50)] (51) "Railroad train" means a locomotive propelled by any form of energy,
525     coupled with or operated without cars, and operated upon rails.
526          [(51)] (52) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
527     lawful manner in preference to another vehicle or pedestrian approaching under circumstances
528     of direction, speed, and proximity that give rise to danger of collision unless one grants
529     precedence to the other.
530          [(52)] (53) (a) "Roadway" means that portion of highway improved, designed, or
531     ordinarily used for vehicular travel.
532          (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
533     them are used by persons riding bicycles or other human-powered vehicles.
534          (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
535     a highway includes two or more separate roadways.
536          [(53)] (54) "Safety zone" means the area or space officially set apart within a roadway
537     for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
538     signs as to be plainly visible at all times while set apart as a safety zone.
539          [(54)] (55) (a) "School bus" means a motor vehicle that:
540          (i) complies with the color and identification requirements of the most recent edition of
541     "Minimum Standards for School Buses"; and
542          (ii) is used to transport school children to or from school or school activities.
543          (b) "School bus" does not include a vehicle operated by a common carrier in
544     transportation of school children to or from school or school activities.
545          [(55)] (56) (a) "Semitrailer" means a vehicle with or without motive power:
546          (i) designed for carrying persons or property and for being drawn by a motor vehicle;
547     and
548          (ii) constructed so that some part of its weight and that of its load rests on or is carried
549     by another vehicle.
550          (b) "Semitrailer" does not include a pole trailer.
551          [(56)] (57) "Shoulder area" means:
552          (a) that area of the hard-surfaced highway separated from the roadway by a pavement
553     edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
554     or
555          (b) that portion of the road contiguous to the roadway for accommodation of stopped
556     vehicles, for emergency use, and for lateral support.
557          [(57)] (58) "Sidewalk" means that portion of a street between the curb lines, or the
558     lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
559          [(58)] (59) "Solid rubber tire" means a tire of rubber or other resilient material that
560     does not depend on compressed air for the support of the load.
561          [(59)] (60) "Stand" or "standing" means the temporary halting of a vehicle, whether
562     occupied or not, for the purpose of and while actually engaged in receiving or discharging
563     passengers.
564          [(60)] (61) "Stop" when required means complete cessation from movement.
565          [(61)] (62) "Stop" or "stopping" when prohibited means any halting even momentarily
566     of a vehicle, whether occupied or not, except when:
567          (a) necessary to avoid conflict with other traffic; or
568          (b) in compliance with the directions of a peace officer or traffic-control device.
569          [(62)] (63) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
570     type I vehicle, utility type vehicle, or full-sized all-terrain vehicle that is modified to meet the
571     requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
572     Section 41-6a-1509.
573          [(63)] (64) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
574     conveyances either singly or together while using any highway for the purpose of travel.
575          [(64)] (65) "Traffic-control device" means a sign, signal, marking, or device not
576     inconsistent with this chapter placed or erected by a highway authority for the purpose of
577     regulating, warning, or guiding traffic.
578          [(65)] (66) "Traffic-control signal" means a device, whether manually, electrically, or
579     mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
580          [(66)] (67) "Traffic signal preemption device" means an instrument or mechanism
581     designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
582          [(67)] (68) (a) "Trailer" means a vehicle with or without motive power designed for
583     carrying persons or property and for being drawn by a motor vehicle and constructed so that no
584     part of its weight rests upon the towing vehicle.
585          (b) "Trailer" does not include a pole trailer.
586          [(68)] (69) "Truck" means a motor vehicle designed, used, or maintained primarily for
587     the transportation of property.
588          [(69)] (70) "Truck tractor" means a motor vehicle:
589          (a) designed and used primarily for drawing other vehicles; and
590          (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
591     tractor.
592          [(70)] (71) "Two-way left turn lane" means a lane:
593          (a) provided for vehicle operators making left turns in either direction;
594          (b) that is not used for passing, overtaking, or through travel; and
595          (c) that has been indicated by a lane traffic-control device that may include lane
596     markings.
597          [(71)] (72) "Urban district" means the territory contiguous to and including any street,
598     in which structures devoted to business, industry, or dwelling houses are situated at intervals of
599     less than 100 feet, for a distance of a quarter of a mile or more.
600          [(72)] (73) (a) "Utility type vehicle" means any recreational vehicle designed for and
601     capable of travel over unimproved terrain:
602          (i) traveling on four or more tires;
603          (ii) having a width that, when measured at the widest point of the vehicle:
604          (A) is not less than 30 inches; or
605          (B) does not exceed 70 inches;
606          (iii) having an unladen dry weight of 2,200 pounds or less;
607          (iv) having a seat height of 20 to 40 inches when measured at the forward edge of the
608     seat bottom; and
609          (v) having side-by-side seating with a steering wheel for control.
610          (b) "Utility type vehicle" does not include:
611          (i) an all-terrain type I vehicle;
612          (ii) a motorcycle; or
613          (iii) a snowmobile as defined in Section 41-22-2.
614          [(73)] (74) "Vehicle" means a device in, on, or by which a person or property is or may
615     be transported or drawn on a highway, except devices used exclusively on stationary rails or
616     tracks.
617          Section 3. Section 41-6a-1505 is amended to read:
618          41-6a-1505. Motorcycle or motor-driven cycle -- Protective headgear -- Closed
619     cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal
620     assistive mobility devices.
621          (1) A person under the age of 18 may not operate or ride any of the following on a
622     [motorcycle or motor-driven cycle on a] highway unless the person is wearing protective
623     headgear [which] that complies with specifications adopted under Subsection (3)[.]:
624          (a) a motorcycle;
625          (b) a motor-driven cycle; or
626          (c) an autocycle that is not fully enclosed Ĥ→ and is not equipped with roll bars ←Ĥ .
627          (2) This section does not apply to persons riding within an enclosed cab.
628          (3) The following standards and specifications for protective headgear are adopted:
629          (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
630          (b) 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted
631     scooters, and electric personal assistive mobility devices.
632          (4) A court shall waive $8 of a fine charged to a person operating a motorcycle or
633     motor-driven cycle for a moving traffic violation if the person was:
634          (a) 18 years of age or older at the time of operation; and
635          (b) wearing protective headgear that complies with the specifications adopted under
636     Subsection (3) at the time of operation.
637          (5) The failure to wear protective headgear:
638          (a) does not constitute contributory or comparative negligence on the part of a person
639     seeking recovery for injuries; and
640          (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
641     injuries, or the mitigation of damages.
642          (6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a
643     person operating a motorcycle or motor-driven cycle for a driving under the influence violation
644     of Section 41-6a-502.
645          (7) A violation of this section is an infraction.
646          Section 4. Section 41-6a-1506 is amended to read:
647          41-6a-1506. Motorcycles -- Required equipment -- Brakes.
648          (1) A motorcycle and a motor-driven cycle shall be equipped with the following items:
649          (a) one head lamp [which] that, when factory equipped with an automatic lighting
650     ignition system, may not be disconnected;
651          (b) one tail lamp;
652          (c) either a tail lamp or a separate lamp which illuminates the rear license plate with a
653     white light;
654          (d) one red reflector on the rear, either separate or as part of the tail lamp;
655          (e) one stop lamp;
656          (f) a braking system, other than parking brake, in accordance with Section 41-6a-1623;
657          (g) a horn or warning device in accordance with Section 41-6a-1625;
658          (h) a muffler and emission control system in accordance with Section 41-6a-1626;
659          (i) a mirror in accordance with Section 41-6a-1627; and
660          (j) tires in accordance with Section 41-6a-1636.
661          (2) An autocycle shall be equipped with the following items:
662          (a) a seatbelt for each seat installed in the autocycle in accordance with Section
663     41-6a-1628;
664          (b) at least one head lamp that, when factory equipped with an automatic lighting
665     ignition system, may not be disconnected;
666          (c) at least one tail lamp;
667          (d) either a tail lamp or a separate lamp that illuminates the rear license plate with a
668     white light;
669          (e) at least one red reflector, either separate or as part of the tail lamp or tail lamps;
670          (f) at least one stop lamp;
671          (g) a braking system, other than a parking brake, in accordance with Section
672     41-6a-1623;
673          (h) a horn or warning device in accordance with Section 41-6a-1625;
674          (i) a muffler and emission control system in accordance with Section 41-6a-1626
674a     Ĥ→ that, when factory equipped, may not be removed ←Ĥ ;
675          (j) a mirror in accordance with Section 41-6a-1627; and
676          (k) tires in accordance with Section 41-6a-1636.
677          [(2)] (3) The department may require an inspection of the braking system on a
678     motor-driven cycle and disapprove a braking system that is not designed or constructed as to
679     insure reasonable and reliable performance in actual use in accordance with Section
680     41-6a-1623.
681          [(3)] (4) A person may not operate a motor-driven cycle on a highway if the department
682     has disapproved the braking system on the motor-driven cycle.
683          [(4)] (5) (a) Upon notice to the party to whom the motor-driven cycle is registered, the
684     department may suspend the registration of a motor-driven cycle if the department has
685     disapproved the braking system under this section.
686          (b) The Motor Vehicle Division shall, under Subsection 41-1a-109(1)(e) or (2), refuse
687     to register a motor-driven cycle if it has reason to believe the motor-driven cycle has a braking
688     system disapproved under this section.
689          [(5)] (6) A violation of this section is an infraction.
690          Section 5. Section 41-21-1 is amended to read:
691          41-21-1. Definitions.
692          (1) "Autocycle" means the same as that term is defined in Section 53-3-102.
693          (2) "Motorcycle" means:
694          (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
695     more than three wheels in contact with the ground; or
696          (b) an autocycle.
697          [(1)] (3) (a) "Street rod" means a motor vehicle or motorcycle that:
698          (i) (A) was manufactured in 1948 or before; or
699          (B) (I) was manufactured after 1948 to resemble a vehicle that was manufactured in
700     1948 or before; and
701          (II) (Aa) has been altered from the manufacturer's original design; or
702          (Bb) has a body constructed from non-original materials; and
703          (ii) is primarily a collector's item that is used for:
704          (A) club activities;
705          (B) exhibitions;
706          (C) tours;
707          (D) parades;
708          (E) occasional transportation; and
709          (F) other similar uses.
710          (b) "Street rod" does not include a motor vehicle or motorcycle that is used for general,
711     daily transportation.
712          [(2)] (4) (a) "Vintage travel trailer" means a travel trailer, camping trailer, or fifth
713     wheel trailer that is:
714          (i) 30 years old or older, from the current year; and
715          (ii) primarily a collector's item that is used for:
716          (A) participation in club activities;
717          (B) exhibitions;
718          (C) tours;
719          (D) parades;
720          (E) occasional recreational or vacation use; and
721          (F) other similar uses.
722          (b) "Vintage travel trailer" does not include a travel trailer, camping trailer, or fifth
723     wheel trailer that is used for the general, daily transportation of persons or property.
724          [(3)] (5) (a) "Vintage vehicle" means a motor vehicle or motorcycle that:
725          (i) is 30 years old or older from the current year;
726          (ii) displays a unique vehicle type special group license plate issued in accordance with
727     Section 41-1a-418; and
728          (iii) is primarily a collector's item that is used for:
729          (A) participation in club activities;
730          (B) exhibitions;
731          (C) tours;
732          (D) parades;
733          (E) occasional transportation; and
734          (F) other similar uses.
735          (b) "Vintage vehicle" does not include a motor vehicle or motorcycle that is used for
736     general, daily transportation.
737          (c) "Vintage vehicle" includes a:
738          (i) street rod; and
739          (ii) vintage travel trailer.
740          Section 6. Section 53-3-102 is amended to read:
741          53-3-102. Definitions.
742          As used in this chapter:
743          (1) "Autocycle" means a motor vehicle that:
744          (a) is designed to travel with three or fewer wheels in contact with the ground;
745          (b) is equipped with a steering wheel; and
746          (c) is equipped with seating that does not require the operator to straddle or sit astride
747     the vehicle.
748          [(1)] (2) "Cancellation" means the termination by the division of a license issued
749     through error or fraud or for which consent under Section 53-3-211 has been withdrawn.
750          [(2)] (3) "Class D license" means the class of license issued to drive motor vehicles not
751     defined as commercial motor vehicles or motorcycles under this chapter.
752          [(3)] (4) "Commercial driver instruction permit" or "CDIP" means a commercial
753     learner permit:
754          (a) issued under Section 53-3-408; or
755          (b) issued by a state or other jurisdiction of domicile in compliance with the standards
756     contained in 49 C.F.R. Part 383.
757          [(4)] (5) "Commercial driver license" or "CDL" means a license:
758          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
759     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
760     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
761     commercial motor vehicle; and
762          (b) that was obtained by providing evidence of lawful presence in the United States
763     with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
764          [(5)] (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
765     driving record that:
766          (i) applies to a person who holds or is required to hold a commercial driver instruction
767     permit or a CDL license; and
768          (ii) contains the following:
769          (A) information contained in the driver history, including convictions, pleas held in
770     abeyance, disqualifications, and other licensing actions for violations of any state or local law
771     relating to motor vehicle traffic control, committed in any type of vehicle;
772          (B) driver self-certification status information under Section 53-3-410.1; and
773          (C) information from medical certification record keeping in accordance with 49
774     C.F.R. Sec. 383.73(o).
775          (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
776     motor vehicle record described in Subsection 53-3-102(28).
777          [(6)] (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of
778     motor vehicles designed or used to transport passengers or property if the motor vehicle:
779          (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
780     determined by federal regulation;
781          (ii) is designed to transport 16 or more passengers, including the driver; or
782          (iii) is transporting hazardous materials and is required to be placarded in accordance
783     with 49 C.F.R. Part 172, Subpart F.
784          (b) The following vehicles are not considered a commercial motor vehicle for purposes
785     of Part 4, Uniform Commercial Driver License Act:
786          (i) equipment owned and operated by the United States Department of Defense when
787     driven by any active duty military personnel and members of the reserves and national guard on
788     active duty including personnel on full-time national guard duty, personnel on part-time
789     training, and national guard military technicians and civilians who are required to wear military
790     uniforms and are subject to the code of military justice;
791          (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
792     machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
793     as a motor carrier for hire;
794          (iii) firefighting and emergency vehicles;
795          (iv) recreational vehicles that are not used in commerce and are driven solely as family
796     or personal conveyances for recreational purposes; and
797          (v) vehicles used to provide transportation network services, as defined in Section
798     13-51-102.
799          [(7)] (8) "Conviction" means any of the following:
800          (a) an unvacated adjudication of guilt or a determination that a person has violated or
801     failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
802          (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
803     appearance in court;
804          (c) a plea of guilty or nolo contendere accepted by the court;
805          (d) the payment of a fine or court costs; or
806          (e) violation of a condition of release without bail, regardless of whether the penalty is
807     rebated, suspended, or probated.
808          [(8)] (9) "Denial" or "denied" means the withdrawal of a driving privilege by the
809     division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or
810     Operator's Security, do not apply.
811          [(9)] (10) "Director" means the division director appointed under Section 53-3-103.
812          [(10)] (11) "Disqualification" means either:
813          (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
814     of a person's privileges to drive a commercial motor vehicle;
815          (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
816     that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
817     391; or
818          (c) the loss of qualification that automatically follows conviction of an offense listed in
819     49 C.F.R. Part 383.51.
820          [(11)] (12) "Division" means the Driver License Division of the department created in
821     Section 53-3-103.
822          [(12)] (13) "Downgrade" means to obtain a lower license class than what was
823     originally issued during an existing license cycle.
824          [(13)] (14) "Drive" means:
825          (a) to operate or be in physical control of a motor vehicle upon a highway; and
826          (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
827     53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
828     the state.
829          [(14)] (15) (a) "Driver" means any person who drives, or is in actual physical control of
830     a motor vehicle in any location open to the general public for purposes of vehicular traffic.
831          (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
832     who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
833     federal law.
834          [(15)] (16) "Driving privilege card" means the evidence of the privilege granted and
835     issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
836     without providing evidence of lawful presence in the United States.
837          [(16)] (17) "Extension" means a renewal completed in a manner specified by the
838     division.
839          [(17)] (18) "Farm tractor" means every motor vehicle designed and used primarily as a
840     farm implement for drawing plows, mowing machines, and other implements of husbandry.
841          [(18)] (19) "Highway" means the entire width between property lines of every way or
842     place of any nature when any part of it is open to the use of the public, as a matter of right, for
843     traffic.
844          [(19)] (20) "Identification card" means a card issued under Part 8, Identification Card
845     Act, to a person for identification purposes.
846          [(20)] (21) "Indigent" means that a person's income falls below the federal poverty
847     guideline issued annually by the U.S. Department of Health and Human Services in the Federal
848     Register.
849          [(21)] (22) "License" means the privilege to drive a motor vehicle.
850          [(22)] (23) (a) "License certificate" means the evidence of the privilege issued under
851     this chapter to drive a motor vehicle.
852          (b) "License certificate" evidence includes a:
853          (i) regular license certificate;
854          (ii) limited-term license certificate;
855          (iii) driving privilege card;
856          (iv) CDL license certificate;
857          (v) limited-term CDL license certificate;
858          (vi) temporary regular license certificate; and
859          (vii) temporary limited-term license certificate.
860          [(23)] (24) "Limited-term commercial driver license" or "limited-term CDL" means a
861     license:
862          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
863     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
864     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
865     commercial motor vehicle; and
866          (b) that was obtained by providing evidence of lawful presence in the United States
867     with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
868          [(24)] (25) "Limited-term identification card" means an identification card issued under
869     this chapter to a person whose card was obtained by providing evidence of lawful presence in
870     the United States with one of the document requirements described in Subsection
871     53-3-804(2)(i)(ii).
872          [(25)] (26) "Limited-term license certificate" means the evidence of the privilege
873     granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
874     obtained providing evidence of lawful presence in the United States with one of the document
875     requirements described in Subsection 53-3-205(8)(a)(ii)(B).
876          [(26)] (27) "Motorboat" [has the same meaning as provided under] means the same as
877     that term is defined in Section 73-18-2.
878          [(27)] (28) "Motorcycle" means every motor vehicle, other than a tractor, having a seat
879     or saddle for the use of the rider and designed to travel with not more than three wheels in
880     contact with the ground.
881          (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
882          [(28)] (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
883     53-3-109(6)(a).
884          [(29)] (31) "Office of Recovery Services" means the Office of Recovery Services,
885     created in Section 62A-11-102.
886          [(30)] (32) (a) "Owner" means a person other than a lien holder having an interest in
887     the property or title to a vehicle.
888          (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
889     a security interest in another person but excludes a lessee under a lease not intended as security.
890          [(31)] (33) "Regular identification card" means an identification card issued under this
891     chapter to a person whose card was obtained by providing evidence of lawful presence in the
892     United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
893          [(32)] (34) "Regular license certificate" means the evidence of the privilege issued
894     under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
895     of lawful presence in the United States with one of the document requirements described in
896     Subsection 53-3-205(8)(a)(ii)(A).
897          [(33)] (35) "Renewal" means to validate a license certificate so that it expires at a later
898     date.
899          [(34)] (36) "Reportable violation" means an offense required to be reported to the
900     division as determined by the division and includes those offenses against which points are
901     assessed under Section 53-3-221.
902          [(35)] (37) (a) "Resident" means an individual who:
903          (i) has established a domicile in this state, as defined in Section 41-1a-202, or
904     regardless of domicile, remains in this state for an aggregate period of six months or more
905     during any calendar year;
906          (ii) engages in a trade, profession, or occupation in this state, or who accepts
907     employment in other than seasonal work in this state, and who does not commute into the state;
908          (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
909     license certificate or motor vehicle registration; or
910          (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
911     to nonresidents, including going to school, or placing children in school without paying
912     nonresident tuition or fees.
913          (b) "Resident" does not include any of the following:
914          (i) a member of the military, temporarily stationed in this state;
915          (ii) an out-of-state student, as classified by an institution of higher education,
916     regardless of whether the student engages in any type of employment in this state;
917          (iii) a person domiciled in another state or country, who is temporarily assigned in this
918     state, assigned by or representing an employer, religious or private organization, or a
919     governmental entity; or
920          (iv) an immediate family member who resides with or a household member of a person
921     listed in Subsections [(35)] (37)(b)(i) through (iii).
922          [(36)] (38) "Revocation" means the termination by action of the division of a licensee's
923     privilege to drive a motor vehicle.
924          [(37)] (39) (a) "School bus" means a commercial motor vehicle used to transport
925     pre-primary, primary, or secondary school students to and from home and school, or to and
926     from school sponsored events.
927          (b) "School bus" does not include a bus used as a common carrier as defined in Section
928     59-12-102.
929          [(38)] (40) "Suspension" means the temporary withdrawal by action of the division of a
930     licensee's privilege to drive a motor vehicle.
931          [(39)] (41) "Taxicab" means any class D motor vehicle transporting any number of
932     passengers for hire and that is subject to state or federal regulation as a taxi.
933          Section 7. Section 53-3-202 is amended to read:
934          53-3-202. Drivers must be licensed -- Taxicab endorsement -- Violation.
935          (1) A person may not drive a motor vehicle or an autocycle on a highway in this state
936     unless the person is:
937          (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
938     division under this chapter;
939          (b) driving an official United States Government class D motor vehicle with a valid
940     United States Government driver permit or license for that type of vehicle;
941          (c) (i) driving a road roller, road machinery, or any farm tractor or implement of
942     husbandry temporarily drawn, moved, or propelled on the highways; and
943          (ii) driving the vehicle described in Subsection (1)(c)(i) in conjunction with a
944     construction or agricultural activity;
945          (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
946     has in the nonresident's immediate possession a valid license certificate issued to the
947     nonresident in the nonresident's home state or country and is driving in the class or classes
948     identified on the home state license certificate, except those persons referred to in Part 6,
949     Drivers' License Compact, of this chapter;
950          (e) a nonresident who is at least 18 years of age and who has in the nonresident's
951     immediate possession a valid license certificate issued to the nonresident in the nonresident's
952     home state or country if driving in the class or classes identified on the home state license
953     certificate, except those persons referred to in Part 6, Drivers' License Compact, of this chapter;
954          (f) driving under a learner permit in accordance with Section 53-3-210.5;
955          (g) driving with a temporary license certificate issued in accordance with Section
956     53-3-207; or
957          (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
958          (2) A person may not drive or, while within the passenger compartment of a motor
959     vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
960     motor vehicle upon a highway unless the person:
961          (a) holds a valid license issued under this chapter for the type or class of motor vehicle
962     being towed; or
963          (b) is exempted under either Subsection (1)(b) or (1)(c).
964          (3) A person may not drive a motor vehicle as a taxicab on a highway of this state
965     unless the person has a taxicab endorsement issued by the division on his license certificate.
966          (4) (a) Except as provided in Subsections (4)(b) [and], (c), and (d) a person may not
967     operate:
968          (i) a motorcycle unless the person has a valid class D driver license and a motorcycle
969     endorsement issued under this chapter;
970          (ii) a street legal all-terrain vehicle unless the person has a valid class D driver license;
971     or
972          (iii) a motor-driven cycle unless the person has a valid class D driver license and a
973     motorcycle endorsement issued under this chapter.
974          (b) A person operating a moped, as defined in Section 41-6a-102, or an electric assisted
975     bicycle, as defined in Section 41-6a-102, is not required to have a motorcycle endorsement
976     issued under this chapter.
977          (c) A person is not required to have a valid class D driver license if the person is:
978          (i) operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance
979     with Section 41-6a-1115; or
980          (ii) operating an electric personal assistive mobility device, as defined in Section
981     41-6a-102, in accordance with Section 41-6a-1116.
982          (d) A person operating an autocycle is not required to have a motorcycle endorsement
983     issued under this chapter.
984          (5) A person who violates this section is guilty of an infraction.




Legislative Review Note
Office of Legislative Research and General Counsel