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

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