Chief Sponsor: Steve Eliason

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill amends provisions related to roads where a pedestrian is restricted from
10     certain conduct that may impede and block traffic to include roads with a median or that
11     share a right-of-way with a railway, and also amends provisions related to pedestrian
12     safety in a crosswalk.
13     Highlighted Provisions:
14          This bill:
15          ▸     removes certain language to provide additional safety to pedestrians in crosswalks
16     and at school crossings; and
17          ▸     amends provisions describing roads where a pedestrian may not engage in certain
18     activity that could impede or block traffic to include:
19               •     a highway with a median, whether raised or flat; and
20               •     a highway where a fixed guideway or rail line shares the right-of-way with the
21     highway.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          41-6a-1002, as renumbered and amended by Laws of Utah 2005, Chapter 2
29          41-6a-1009, as last amended by Laws of Utah 2017, Chapter 69

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 41-6a-1002 is amended to read:
33          41-6a-1002. Pedestrians' right-of-way -- Duty of pedestrian.
34          (1) (a) Except as provided under Subsection (2), [when traffic-control signals are not in
35     place or not in operation,] the operator of a vehicle shall yield the right-of-way by slowing
36     down or stopping if necessary:
37          (i) to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on
38     the half of the roadway upon which the vehicle is traveling; or
39          (ii) when the pedestrian is approaching so closely from the opposite half of the
40     roadway as to be in danger.
41          (b) Subsection (1)(a) does not apply under conditions of Subsection 41-6a-1003(2).
42          (c) A pedestrian may not suddenly leave a curb or other place of safety and walk or run
43     into the path of a vehicle which is so close as to constitute an immediate hazard.
44          (2) The operator of a vehicle approaching a school crosswalk shall come to a complete
45     stop at the school crosswalk if[: (a) a school speed limit sign has the warning lights operating;
46     and (b)] the crosswalk is occupied by a person.
47          (3) If a vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
48     intersection to permit a pedestrian to cross the roadway, the operator of any other vehicle
49     approaching from the rear may not overtake and pass the stopped vehicle.
50          Section 2. Section 41-6a-1009 is amended to read:
51          41-6a-1009. Use of roadway by pedestrians -- Prohibited activities.
52          (1) Where there is a sidewalk provided and its use is practicable, a pedestrian may not
53     walk along or on an adjacent roadway.
54          (2) Where a sidewalk is not provided, a pedestrian walking along or on a highway shall
55     walk only on the shoulder, as far as practicable from the edge of the roadway.
56          (3) Where a sidewalk or a shoulder is not available, a pedestrian walking along or on a
57     highway shall:
58          (a) walk as near as practicable to the outside edge of the roadway; and

59          (b) if on a two-way roadway, walk only on the left side of the roadway facing traffic.
60          (4) (a) An individual may not impede or block traffic within any of the following:
61          (i) an interstate system, as defined in Section 72-1-102;
62          (ii) a freeway, as defined in Section 41-6a-102;
63          (iii) a state highway, as defined in Title 72, Chapter 4, Designation of State Highways
64     Act;
65          (iv) a state route, or "SR," as defined in Section 72-1-102; or
66          (v) a highway, as defined in Section 72-1-102, that:
67          (A) is paved[;] and [(B)] has a speed limit of 35 miles per hour or higher[.];
68          (B) has a median, whether elevated or flat; or
69          (C) has a fixed guideway as defined in Section 59-12-102 or any other railway that
70     shares the highway right-of-way.
71          (b) The locations described in Subsection (4)(a) include:
72          (i) shoulder areas, as defined in Section 41-6a-102;
73          (ii) on-ramps;
74          (iii) off-ramps; and
75          (iv) an area between the roadways of a divided highway, as defined in Section
76     41-6a-102.
77          (c) The locations described in Subsection (4)(a) do not include sidewalks, as defined in
78     Section 41-6a-102.
79          (d) Conduct that may impede or block traffic includes:
80          (i) while a pedestrian, accepting, transacting, exchanging, or otherwise taking
81     possession or control of money or property from a person within a motor vehicle while that
82     motor vehicle is within an area described in Subsection (4)(a); or
83          (ii) while a driver or passenger of a motor vehicle within an area described in
84     Subsection (4)(a), accepting, transacting, exchanging, or otherwise taking possession or control
85     of money or property from a pedestrian.
86          (e) Conduct that impedes or blocks traffic does not include:
87          (i) the conduct described in Section 41-6a-209 or other lawful direction of a peace
88     officer;
89          (ii) conduct or actions resulting from a traffic accident, medical emergency, or similar

90     exigent circumstance, including:
91          (A) exchanging insurance information; or
92          (B) exchanging contact information; or
93          (iii) conduct or actions that occur while the motor vehicle is legally parked.
94          (f) A county or municipality may adopt a resolution, ordinance, or regulation
95     prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the
96     roadways under its jurisdiction.
97          (g) (i) The state, a county, or a municipality shall create a permitting process for
98     granting a person an exemption from this Subsection (4).
99          (ii) Upon receipt of a valid permit application, the state, a county, or a municipality
100     shall grant a person a temporary exemption from this Subsection (4) for a specified location or
101     time.
102          (h) Nothing in this section prohibits a temporary spontaneous demonstration.
103          (5) A pedestrian who is under the influence of alcohol or any drug to a degree which
104     renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or
105     sidewalk area.
106          (6) Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield
107     the right-of-way to all vehicles on the roadway.
108          (7) A pedestrian may not walk along or on a no-access freeway facility except during
109     an emergency.
110          (8) (a) As used in this Subsection (8):
111          (i) "Aggressive manner" means intentionally:
112          (A) persisting in approaching or following an individual after the individual has
113     negatively responded to the solicitation;
114          (B) engaging in conduct that would cause a reasonable individual to fear imminent
115     bodily harm;
116          (C) engaging in conduct that would intimidate a reasonable individual into giving
117     money or goods;
118          (D) blocking the path of an individual; or
119          (E) physically contacting an individual or the individual's personal property without
120     that individual's consent.

121          (ii) "Bank" is as defined in Section 13-42-102.
122          (iii) "Sidewalk" is as defined in Section 41-6a-102.
123          (b) An individual may not solicit money or goods from another individual in an
124     aggressive manner:
125          (i) during the business hours of a bank if either the individual soliciting, or the
126     individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank's
127     entrance or exit; or
128          (ii) on the portion of a sidewalk that is within 10 feet of an automated teller machine.
129          (9) (a) Except as provided in Subsection (9)(b), a violation of this section is an
130     infraction.
131          (b) A third or subsequent violation of Subsection (4) in a one-year period is a class C
132     misdemeanor.

Legislative Review Note
Office of Legislative Research and General Counsel