Representative Johnny Anderson proposes the following substitute bill:


1     
ELECTRIC ASSISTED BICYCLE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Johnny Anderson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to electric assisted bicycles.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the definition of an electric assisted bicycle and related definitions;
13          ▸     amends and enacts provisions related to the operation of an electric assisted bicycle;
14     and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a coordination clause.
20     Utah Code Sections Affected:
21     AMENDS:
22          41-6a-102, as last amended by Laws of Utah 2014, Chapters 104 and 229
23          41-6a-1505, as last amended by Laws of Utah 2015, Chapter 412
24          53-3-202, as last amended by Laws of Utah 2015, Chapters 331 and 412
25          79-5-102, as renumbered and amended by Laws of Utah 2009, Chapter 344
26     ENACTS:
27          41-6a-1115.5, Utah Code Annotated 1953
28     Utah Code Sections Affected by Coordination Clause:
29          41-6a-1505, as last amended by Laws of Utah 2015, Chapter 412
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 41-6a-102 is amended to read:
33          41-6a-102. Definitions.
34          As used in this chapter:
35          (1) "Alley" means a street or highway intended to provide access to the rear or side of
36     lots or buildings in urban districts and not intended for through vehicular traffic.
37          (2) "All-terrain type I vehicle" has the same meaning as defined in Section 41-22-2.
38          (3) "Authorized emergency vehicle" includes:
39          (a) fire department vehicles;
40          (b) police vehicles;
41          (c) ambulances; and
42          (d) other publicly or privately owned vehicles as designated by the commissioner of the
43     Department of Public Safety.
44          (4) (a) "Bicycle" means a wheeled vehicle:
45          (i) propelled by human power by feet or hands acting upon pedals or cranks;
46          (ii) with a seat or saddle designed for the use of the operator;
47          (iii) designed to be operated on the ground; and
48          (iv) whose wheels are not less than 14 inches in diameter.
49          (b) "Bicycle" includes an electric assisted bicycle.
50          (c) "Bicycle" does not include scooters and similar devices.
51          (5) (a) "Bus" means a motor vehicle:
52          (i) designed for carrying more than 15 passengers and used for the transportation of
53     persons; or
54          (ii) designed and used for the transportation of persons for compensation.
55          (b) "Bus" does not include a taxicab.
56          (6) (a) "Circular intersection" means an intersection that has an island, generally
57     circular in design, located in the center of the intersection where traffic passes to the right of
58     the island.
59          (b) "Circular intersection" includes:
60          (i) roundabouts;
61          (ii) rotaries; and
62          (iii) traffic circles.
63          (7) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
64     Subsection (16)(d)(i).
65          (8) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
66     Subsection (16)(d)(ii).
67          (9) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
68     Subsection (16)(d)(iii).
69          [(7)] (10) "Commissioner" means the commissioner of the Department of Public
70     Safety.
71          [(8)] (11) "Controlled-access highway" means a highway, street, or roadway:
72          (a) designed primarily for through traffic; and
73          (b) to or from which owners or occupants of abutting lands and other persons have no
74     legal right of access, except at points as determined by the highway authority having
75     jurisdiction over the highway, street, or roadway.
76          [(9)] (12) "Crosswalk" means:
77          (a) that part of a roadway at an intersection included within the connections of the
78     lateral lines of the sidewalks on opposite sides of the highway measured from:
79          (i) (A) the curbs; or
80          (B) in the absence of curbs, from the edges of the traversable roadway; and
81          (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
82     included within the extension of the lateral lines of the existing sidewalk at right angles to the
83     centerline; or
84          (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
85     pedestrian crossing by lines or other markings on the surface.
86          [(10)] (13) "Department" means the Department of Public Safety.
87          [(11)] (14) "Direct supervision" means oversight at a distance within which:
88          (a) visual contact is maintained; and
89          (b) advice and assistance can be given and received.
90          [(12)] (15) "Divided highway" means a highway divided into two or more roadways
91     by:
92          (a) an unpaved intervening space;
93          (b) a physical barrier; or
94          (c) a clearly indicated dividing section constructed to impede vehicular traffic.
95          [(13)] (16) "Electric assisted bicycle" [means a moped] means a bicycle with an
96     electric motor that:
97          (a) [with an electric motor with] has a power output of not more than [1,000] 750
98     watts; [and]
99          [(b) which is not capable of:]
100          [(i) propelling the device at a speed of more than 20 miles per hour on level ground
101     when:]
102          [(A) powered solely by the electric motor; and]
103          [(B) operated by a person who weighs 170 pounds; and]
104          [(ii) increasing the speed of the device when human power is used to propel the device
105     at more than 20 miles per hour;]
106          [(c)] (b) has fully operable pedals on permanently affixed cranks; [and]
107          [(d) weighs less than 75 pounds.]
108          (c) is fully operable as a bicycle without the use of the electric motor; and
109          (d) is one of the following:
110          (i) an electric assisted bicycle equipped with a motor or electronics that:
111          (A) provides assistance only when the rider is pedaling; and
112          (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
113     hour;
114          (ii) an electric assisted bicycle equipped with a motor or electronics that:
115          (A) may be used exclusively to propel the bicycle; and
116          (B) is not capable of providing assistance when the bicycle reaches the speed of 20
117     miles per hour; or
118          (iii) an electric assisted bicycle equipped with a motor or electronics that:
119          (A) provides assistance only when the rider is pedaling;
120          (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
121     hour; and
122          (C) is equipped with a speedometer.
123          [(14)] (17) (a) "Electric personal assistive mobility device" means a self-balancing
124     device with:
125          (i) two nontandem wheels in contact with the ground;
126          (ii) a system capable of steering and stopping the unit under typical operating
127     conditions;
128          (iii) an electric propulsion system with average power of one horsepower or 750 watts;
129          (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
130          (v) a deck design for a person to stand while operating the device.
131          (b) "Electric personal assistive mobility device" does not include a wheelchair.
132          [(15)] (18) "Explosives" means any chemical compound or mechanical mixture
133     commonly used or intended for the purpose of producing an explosion and that contains any
134     oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
135     that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
136     compound or mixture may cause a sudden generation of highly heated gases, and the resultant
137     gaseous pressures are capable of producing destructive effects on contiguous objects or of
138     causing death or serious bodily injury.
139          [(16)] (19) "Farm tractor" means a motor vehicle designed and used primarily as a farm
140     implement, for drawing plows, mowing machines, and other implements of husbandry.
141          [(17)] (20) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or
142     less, as determined by a tagliabue or equivalent closed-cup test device.
143          [(18)] (21) "Freeway" means a controlled-access highway that is part of the interstate
144     system as defined in Section 72-1-102.
145          [(19)] (22) (a) "Full-sized all-terrain vehicle" means any recreational vehicle designed
146     for and capable of travel over unimproved terrain:
147          (i) traveling on four or more tires;
148          (ii) having a width that, when measured at the widest point of the vehicle:
149          (A) is not less than 55 inches; or
150          (B) does not exceed 92 inches;
151          (iii) having an unladen dry weight of 6,500 pounds or less;
152          (iv) having a maximum seat height of 50 inches when measured at the forward edge of
153     the seat bottom; and
154          (v) having a steering wheel for control.
155          (b) "Full-sized all-terrain vehicle" does not include:
156          (i) all-terrain type I vehicle;
157          (ii) a utility type vehicle;
158          (iii) a motorcycle; or
159          (iv) a snowmobile as defined in Section 41-22-2.
160          [(20)] (23) "Gore area" means the area delineated by two solid white lines that is
161     between a continuing lane of a through roadway and a lane used to enter or exit the continuing
162     lane including similar areas between merging or splitting highways.
163          [(21)] (24) "Gross weight" means the weight of a vehicle without a load plus the
164     weight of any load on the vehicle.
165          [(22)] (25) "Highway" means the entire width between property lines of every way or
166     place of any nature when any part of it is open to the use of the public as a matter of right for
167     vehicular travel.
168          [(23)] (26) "Highway authority" has the same meaning as defined in Section 72-1-102.
169          [(24)] (27) (a) "Intersection" means the area embraced within the prolongation or
170     connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
171     of two or more highways which join one another.
172          (b) Where a highway includes two roadways 30 feet or more apart:
173          (i) every crossing of each roadway of the divided highway by an intersecting highway
174     is a separate intersection; and
175          (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
176     every crossing of two roadways of the highways is a separate intersection.
177          (c) "Intersection" does not include the junction of an alley with a street or highway.
178          [(25)] (28) "Island" means an area between traffic lanes or at an intersection for control
179     of vehicle movements or for pedestrian refuge designated by:
180          (a) pavement markings, which may include an area designated by two solid yellow
181     lines surrounding the perimeter of the area;
182          (b) channelizing devices;
183          (c) curbs;
184          (d) pavement edges; or
185          (e) other devices.
186          [(26)] (29) "Law enforcement agency" has the same meaning as defined in Section
187     53-1-102.
188          [(27)] (30) "Limited access highway" means a highway:
189          (a) that is designated specifically for through traffic; and
190          (b) over, from, or to which neither owners nor occupants of abutting lands nor other
191     persons have any right or easement, or have only a limited right or easement of access, light,
192     air, or view.
193          [(28)] (31) "Local highway authority" means the legislative, executive, or governing
194     body of a county, municipal, or other local board or body having authority to enact laws
195     relating to traffic under the constitution and laws of the state.
196          [(29)] (32) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
197          (i) is designed to be operated at speeds of not more than 25 miles per hour; and
198          (ii) has a capacity of not more than four passengers, including the driver.
199          (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
200          [(30)] (33) "Metal tire" means a tire, the surface of which in contact with the highway
201     is wholly or partly of metal or other hard nonresilient material.
202          [(31)] (34) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
203     seat or saddle that is less than 24 inches from the ground as measured on a level surface with
204     properly inflated tires.
205          (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
206          (c) "Mini-motorcycle" does not include a motorcycle that is:
207          (i) designed for off-highway use; and
208          (ii) registered as an off-highway vehicle under Section 41-22-3.
209          [(32)] (35) "Mobile home" means:
210          (a) a trailer or semitrailer that is:
211          (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
212     place either permanently or temporarily; and
213          (ii) equipped for use as a conveyance on streets and highways; or
214          (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
215     constructed for use as a mobile home, as defined in Subsection [(32)] (35)(a), but that is
216     instead used permanently or temporarily for:
217          (i) the advertising, sale, display, or promotion of merchandise or services; or
218          (ii) any other commercial purpose except the transportation of property for hire or the
219     transportation of property for distribution by a private carrier.
220          [(33)] (36) (a) "Moped" means a motor-driven cycle having:
221          (i) pedals to permit propulsion by human power; and
222          (ii) a motor that:
223          (A) produces not more than two brake horsepower; and
224          (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
225     level ground.
226          (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
227     centimeters and the moped shall have a power drive system that functions directly or
228     automatically without clutching or shifting by the operator after the drive system is engaged.
229          (c) "Moped" includes [an electric assisted bicycle and] a motor assisted scooter.
230          (d) "Moped" does not include an electric assisted bicycle.
231          [(34)] (37) (a) "Motor assisted scooter" means a self-propelled device with:
232          [(a)] (i) at least two wheels in contact with the ground;
233          [(b)] (ii) a braking system capable of stopping the unit under typical operating
234     conditions;
235          [(c)] (iii) a gas or electric motor not exceeding 40 cubic centimeters;
236          [(d)] (iv) either:
237          [(i)] (A) a deck design for a person to stand while operating the device; or
238          [(ii)] (B) a deck and seat designed for a person to sit, straddle, or stand while operating
239     the device; and
240          [(e)] (v) a design for the ability to be propelled by human power alone.
241          (b) "Motor assisted scooter" does not include an electric assisted bicycle.
242          [(35)] (38) "Motorcycle" means a motor vehicle, other than a tractor, having a seat or
243     saddle for the use of the rider and designed to travel with not more than three wheels in contact
244     with the ground.
245          [(36)] (39) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped,
246     [electric assisted bicycle,] motor assisted scooter, and every motorized bicycle having:
247          (i) an engine with less than 150 cubic centimeters displacement; or
248          (ii) a motor that produces not more than five horsepower.
249          (b) "Motor-driven cycle" does not include [an electric personal assistive mobility
250     device.]:
251          (i) an electric personal assistive mobility device; or
252          (ii) an electric assisted bicycle.
253          [(37)] (40) (a) "Motor vehicle" means a vehicle that is self-propelled and every vehicle
254     which is propelled by electric power obtained from overhead trolley wires, but not operated
255     upon rails.
256          (b) "Motor vehicle" does not include vehicles moved solely by human power,
257     motorized wheelchairs, [or] an electric personal assistive mobility device, or an electric
258     assisted bicycle.
259          [(38)] (41) "Off-highway implement of husbandry" has the same meaning as defined
260     under Section 41-22-2.
261          [(39)] (42) "Off-highway vehicle" has the same meaning as defined under Section
262     41-22-2.
263          [(40)] (43) "Operator" means a person who is in actual physical control of a vehicle.
264          [(41)] (44) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle
265     is occupied or not.
266          (b) "Park" or "parking" does not include the standing of a vehicle temporarily for the
267     purpose of and while actually engaged in loading or unloading property or passengers.
268          [(42)] (45) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
269     Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
270     traffic laws.
271          [(43)] (46) "Pedestrian" means a person traveling:
272          (a) on foot; or
273          (b) in a wheelchair.
274          [(44)] (47) "Pedestrian traffic-control signal" means a traffic-control signal used to
275     regulate pedestrians.
276          [(45)] (48) "Person" means every natural person, firm, copartnership, association, or
277     corporation.
278          [(46)] (49) "Pole trailer" means every vehicle without motive power:
279          (a) designed to be drawn by another vehicle and attached to the towing vehicle by
280     means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
281          (b) that is ordinarily used for transporting long or irregular shaped loads including
282     poles, pipes, or structural members generally capable of sustaining themselves as beams
283     between the supporting connections.
284          [(47)] (50) "Private road or driveway" means every way or place in private ownership
285     and used for vehicular travel by the owner and those having express or implied permission
286     from the owner, but not by other persons.
287          [(48)] (51) "Railroad" means a carrier of persons or property upon cars operated on
288     stationary rails.
289          [(49)] (52) "Railroad sign or signal" means a sign, signal, or device erected by
290     authority of a public body or official or by a railroad and intended to give notice of the presence
291     of railroad tracks or the approach of a railroad train.
292          [(50)] (53) "Railroad train" means a locomotive propelled by any form of energy,
293     coupled with or operated without cars, and operated upon rails.
294          [(51)] (54) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
295     lawful manner in preference to another vehicle or pedestrian approaching under circumstances
296     of direction, speed, and proximity that give rise to danger of collision unless one grants
297     precedence to the other.
298          [(52)] (55) (a) "Roadway" means that portion of highway improved, designed, or
299     ordinarily used for vehicular travel.
300          (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
301     them are used by persons riding bicycles or other human-powered vehicles.
302          (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
303     a highway includes two or more separate roadways.
304          [(53)] (56) "Safety zone" means the area or space officially set apart within a roadway
305     for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
306     signs as to be plainly visible at all times while set apart as a safety zone.
307          [(54)] (57) (a) "School bus" means a motor vehicle that:
308          (i) complies with the color and identification requirements of the most recent edition of
309     "Minimum Standards for School Buses"; and
310          (ii) is used to transport school children to or from school or school activities.
311          (b) "School bus" does not include a vehicle operated by a common carrier in
312     transportation of school children to or from school or school activities.
313          [(55)] (58) (a) "Semitrailer" means a vehicle with or without motive power:
314          (i) designed for carrying persons or property and for being drawn by a motor vehicle;
315     and
316          (ii) constructed so that some part of its weight and that of its load rests on or is carried
317     by another vehicle.
318          (b) "Semitrailer" does not include a pole trailer.
319          [(56)] (59) "Shoulder area" means:
320          (a) that area of the hard-surfaced highway separated from the roadway by a pavement
321     edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
322     or
323          (b) that portion of the road contiguous to the roadway for accommodation of stopped
324     vehicles, for emergency use, and for lateral support.
325          [(57)] (60) "Sidewalk" means that portion of a street between the curb lines, or the
326     lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
327          [(58)] (61) "Solid rubber tire" means a tire of rubber or other resilient material that
328     does not depend on compressed air for the support of the load.
329          [(59)] (62) "Stand" or "standing" means the temporary halting of a vehicle, whether
330     occupied or not, for the purpose of and while actually engaged in receiving or discharging
331     passengers.
332          [(60)] (63) "Stop" when required means complete cessation from movement.
333          [(61)] (64) "Stop" or "stopping" when prohibited means any halting even momentarily
334     of a vehicle, whether occupied or not, except when:
335          (a) necessary to avoid conflict with other traffic; or
336          (b) in compliance with the directions of a peace officer or traffic-control device.
337          [(62)] (65) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
338     type I vehicle, utility type vehicle, or full-sized all-terrain vehicle that is modified to meet the
339     requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
340     Section 41-6a-1509.
341          [(63)] (66) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
342     conveyances either singly or together while using any highway for the purpose of travel.
343          [(64)] (67) "Traffic-control device" means a sign, signal, marking, or device not
344     inconsistent with this chapter placed or erected by a highway authority for the purpose of
345     regulating, warning, or guiding traffic.
346          [(65)] (68) "Traffic-control signal" means a device, whether manually, electrically, or
347     mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
348          [(66)] (69) "Traffic signal preemption device" means an instrument or mechanism
349     designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
350          [(67)] (70) (a) "Trailer" means a vehicle with or without motive power designed for
351     carrying persons or property and for being drawn by a motor vehicle and constructed so that no
352     part of its weight rests upon the towing vehicle.
353          (b) "Trailer" does not include a pole trailer.
354          [(68)] (71) "Truck" means a motor vehicle designed, used, or maintained primarily for
355     the transportation of property.
356          [(69)] (72) "Truck tractor" means a motor vehicle:
357          (a) designed and used primarily for drawing other vehicles; and
358          (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
359     tractor.
360          [(70)] (73) "Two-way left turn lane" means a lane:
361          (a) provided for vehicle operators making left turns in either direction;
362          (b) that is not used for passing, overtaking, or through travel; and
363          (c) that has been indicated by a lane traffic-control device that may include lane
364     markings.
365          [(71)] (74) "Urban district" means the territory contiguous to and including any street,
366     in which structures devoted to business, industry, or dwelling houses are situated at intervals of
367     less than 100 feet, for a distance of a quarter of a mile or more.
368          [(72)] (75) (a) "Utility type vehicle" means any recreational vehicle designed for and
369     capable of travel over unimproved terrain:
370          (i) traveling on four or more tires;
371          (ii) having a width that, when measured at the widest point of the vehicle:
372          (A) is not less than 30 inches; or
373          (B) does not exceed 70 inches;
374          (iii) having an unladen dry weight of 2,200 pounds or less;
375          (iv) having a seat height of 20 to 40 inches when measured at the forward edge of the
376     seat bottom; and
377          (v) having side-by-side seating with a steering wheel for control.
378          (b) "Utility type vehicle" does not include:
379          (i) an all-terrain type I vehicle;
380          (ii) a motorcycle; or
381          (iii) a snowmobile as defined in Section 41-22-2.
382          [(73)] (76) "Vehicle" means a device in, on, or by which a person or property is or may
383     be transported or drawn on a highway, except devices used exclusively on stationary rails or
384     tracks.
385          Section 2. Section 41-6a-1115.5 is enacted to read:
386          41-6a-1115.5. Electric assisted bicycles -- Restrictions -- Penalties.
387          (1) Except as otherwise provided in this section, an electric assisted bicycle is subject
388     to the provisions under this chapter for a bicycle.
389          (2) An individual may operate an electric assisted bicycle on a path or trail designated
390     for the use of a bicycle.
391          (3) A local authority or state agency may adopt an ordinance or rule to regulate or
392     restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted
393     bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state
394     agency.
395          (4) An individual under 16 years of age may not operate a class 3 electric assisted
396     bicycle.
397          (5) An individual under 14 years of age may not operate an electric assisted bicycle
398     with the electric motor engaged on any public property, highway, path, or sidewalk unless the
399     individual is under the direct supervision of the individual's parent or guardian.
400          (6) An individual under eight years of age may not operate an electric assisted bicycle
401     with the electric motor engaged on any public property, highway, path, or sidewalk.
402          (7) The owner of an electric assisted bicycle may not authorize or knowingly permit an
403     individual to operate an electric assisted bicycle in violation of this section.
404          (8) (a) Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted
405     bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a
406     label in a prominent location on the electric assisted bicycle.
407          (b) Each manufacturer and each distributer shall ensure that the label is printed in Arial
408     font, in 9-point type or larger, and includes the:
409          (i) appropriate electric assisted bicycle classification number described in Section
410     41-6a-102;
411          (ii) top assisted speed; and
412          (iii) wattage of the motor.
413          (9) An individual who violates this section is guilty of an infraction.
414          Section 3. Section 41-6a-1505 is amended to read:
415          41-6a-1505. Motorcycle or motor-driven cycle -- Protective headgear -- Closed
416     cab excepted -- Electric assisted bicycles, motor assisted scooters, electric personal
417     assistive mobility devices.
418          (1) A person under the age of 18 may not operate or ride [on a motorcycle or
419     motor-driven cycle] any of the following on a highway unless the person is wearing protective
420     headgear [which] that complies with specifications adopted under Subsection (3)[.]:
421          (a) a motorcycle;
422          (b) a motor-driven cycle; or
423          (c) a class 3 electric assisted bicycle.
424          (2) This section does not apply to persons riding within an enclosed cab.
425          (3) The following standards and specifications for protective headgear are adopted:
426          (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
427          (b) 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted
428     scooters, and electric personal assistive mobility devices.
429          (4) A court shall waive $8 of a fine charged to a person operating a motorcycle or
430     motor-driven cycle for a moving traffic violation if the person was:
431          (a) 18 years of age or older at the time of operation; and
432          (b) wearing protective headgear that complies with the specifications adopted under
433     Subsection (3) at the time of operation.
434          (5) The failure to wear protective headgear:
435          (a) does not constitute contributory or comparative negligence on the part of a person
436     seeking recovery for injuries; and
437          (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
438     injuries, or the mitigation of damages.
439          (6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a
440     person operating a motorcycle or motor-driven cycle for a driving under the influence violation
441     of Section 41-6a-502.
442          (7) A violation of this section is an infraction.
443          Section 4. Section 53-3-202 is amended to read:
444          53-3-202. Drivers must be licensed -- Taxicab endorsement -- Violation.
445          (1) A person may not drive a motor vehicle on a highway in this state unless the person
446     is:
447          (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
448     division under this chapter;
449          (b) driving an official United States Government class D motor vehicle with a valid
450     United States Government driver permit or license for that type of vehicle;
451          (c) (i) driving a road roller, road machinery, or any farm tractor or implement of
452     husbandry temporarily drawn, moved, or propelled on the highways; and
453          (ii) driving the vehicle described in Subsection (1)(c)(i) in conjunction with a
454     construction or agricultural activity;
455          (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
456     has in the nonresident's immediate possession a valid license certificate issued to the
457     nonresident in the nonresident's home state or country and is driving in the class or classes
458     identified on the home state license certificate, except those persons referred to in Part 6,
459     Drivers' License Compact, of this chapter;
460          (e) a nonresident who is at least 18 years of age and who has in the nonresident's
461     immediate possession a valid license certificate issued to the nonresident in the nonresident's
462     home state or country if driving in the class or classes identified on the home state license
463     certificate, except those persons referred to in Part 6, Drivers' License Compact, of this chapter;
464          (f) driving under a learner permit in accordance with Section 53-3-210.5;
465          (g) driving with a temporary license certificate issued in accordance with Section
466     53-3-207; or
467          (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
468          (2) A person may not drive or, while within the passenger compartment of a motor
469     vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
470     motor vehicle upon a highway unless the person:
471          (a) holds a valid license issued under this chapter for the type or class of motor vehicle
472     being towed; or
473          (b) is exempted under either Subsection (1)(b) or (1)(c).
474          (3) A person may not drive a motor vehicle as a taxicab on a highway of this state
475     unless the person has a taxicab endorsement issued by the division on his license certificate.
476          (4) (a) Except as provided in Subsections (4)(b) [and], (c), and (d), a person may not
477     operate:
478          (i) a motorcycle unless the person has a valid class D driver license and a motorcycle
479     endorsement issued under this chapter;
480          (ii) a street legal all-terrain vehicle unless the person has a valid class D driver license;
481     or
482          (iii) a motor-driven cycle unless the person has a valid class D driver license and a
483     motorcycle endorsement issued under this chapter.
484          (b) A person operating a moped, as defined in Section 41-6a-102[, or an electric
485     assisted bicycle, as defined in Section 41-6a-102], is not required to have a motorcycle
486     endorsement issued under this chapter.
487          (c) A person operating an electric assisted bicycle, as defined in Section 41-6a-102, is
488     not required to have a valid class D driver license or a motorcycle endorsement issued under
489     this chapter.
490          [(c)] (d) A person is not required to have a valid class D driver license if the person is:
491          (i) operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance
492     with Section 41-6a-1115; or
493          (ii) operating an electric personal assistive mobility device, as defined in Section
494     41-6a-102, in accordance with Section 41-6a-1116.
495          (5) A person who violates this section is guilty of an infraction.
496          Section 5. Section 79-5-102 is amended to read:
497          79-5-102. Definitions.
498          As used in this chapter:
499          (1) "Board" means the Board of Parks and Recreation.
500          (2) "Council" means the Recreational Trails Advisory Council.
501          (3) "Division" means the Division of Parks and Recreation.
502          (4) "Recreational trail" or "trail" means a multi-use path used for:
503          (a) muscle-powered activities, including:
504          (i) bicycling;
505          (ii) cross-country skiing;
506          (iii) walking;
507          (iv) jogging; and
508          (v) horseback riding; and
509          (b) uses compatible with the uses described in Subsection (4)(a), including the use of
510     an electric assisted bicycle, as defined in Section 41-6a-102.
511          Section 6. Coordinating S.B. 121 with H.B. 38 -- Substantive and technical
512     amendments.
513          If this S.B. 121 and H.B. 38, Unconventional Vehicle Amendments, both pass and
514     become law, it is the intent of the Legislature that the Office of Legislative Research and
515     General Counsel prepare the Utah Code database for publication by amending Subsection
516     41-6a-1505(1) to read:
517          "(1) A person under the age of 18 may not operate or ride [on a motorcycle or
518     motor-driven cycle] any of the following on a highway unless the person is wearing protective
519     headgear [which] that complies with specifications adopted under Subsection (3)[.]:
520          (a) a motorcycle;
521          (b) a motor-driven cycle;
522          (c) a class 3 electric assisted bicycle; or
523          (d) an autocycle that is not fully enclosed."