1     
TRAFFIC FLOW AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to safe operation of a vehicle through a red light in
10     certain situations.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an operator of a vehicle at a red light on a highway with a speed limit of 55
14     miles per hour or lower during a time of extremely low traffic levels to proceed
15     through the red light if the operator reasonably determines that:
16               •     no other vehicle is at or near the intersection that might compromise the safety
17     of either vehicle if the operator proceeds through the intersection;
18               •     no pedestrian is attempting to cross at or near the intersection; and
19               •     no other safety concern exists.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          41-6a-305, as last amended by Laws of Utah 2015, Chapter 412
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 41-6a-305 is amended to read:
30          41-6a-305. Traffic-control signal -- At intersections -- At place other than
31     intersection -- Color of light signal -- Inoperative traffic-control signals -- Affirmative
32     defense.
33          (1) (a) Green, red, and yellow are the only colors that may be used in a traffic-control
34     signal, except for a:
35          (i) pedestrian traffic-control signal that may use white and orange; and
36          (ii) rail vehicle that may use white.
37          (b) Traffic-control signals apply to the operator of a vehicle and to a pedestrian as
38     provided in this section.
39          (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the operator of a vehicle facing a
40     circular green signal may:
41          (A) proceed straight through the intersection;
42          (B) turn right; or
43          (C) turn left.
44          (ii) The operator of a vehicle facing a circular green signal, including an operator
45     turning right or left:
46          (A) shall yield the right-of-way to other vehicles and to pedestrians lawfully within the
47     intersection or an adjacent crosswalk at the time the signal is exhibited; and
48          (B) may not turn right or left if a sign at the intersection prohibits the turn.
49          (b) The operator of a vehicle facing a green arrow signal shown alone or in
50     combination with another indication:
51          (i) may cautiously enter the intersection only to make the movement indicated by the
52     arrow or other indication shown at the same time; and
53          (ii) shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk
54     and to other traffic lawfully using the intersection.
55          (c) Unless otherwise directed by a pedestrian traffic-control signal under Section
56     41-6a-306, a pedestrian facing any green signal other than a green turn arrow may proceed
57     across the roadway within any marked or unmarked crosswalk.
58          (3) (a) The operator of a vehicle facing a steady circular yellow or yellow arrow signal

59     is warned that the allowable movement related to a green signal is being terminated.
60          (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
61     41-6a-306, a pedestrian facing a steady circular yellow or yellow arrow signal is advised that
62     there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian
63     may not start to cross the roadway.
64          (4) (a) Except as provided in [Subsection] Subsections (4)(c) and (4)(d), the operator of
65     a vehicle facing a steady circular red or red arrow signal:
66          (i) may not enter the intersection unless entering the intersection to make a movement
67     is permitted by another indication; and
68          (ii) shall stop at a clearly marked stop line, but if none, before entering the marked or
69     unmarked crosswalk on the near side of the intersection and shall remain stopped until an
70     indication to proceed is shown.
71          (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
72     41-6a-306, a pedestrian facing a steady red signal alone may not enter the roadway.
73          (c) (i) (A) The operator of a vehicle facing a steady circular red signal may cautiously
74     enter the intersection to turn right, or may turn left from a one-way street into a one-way street,
75     after stopping as required by Subsection (4)(a).
76          (B) If permitted by a traffic control device on the state highway system, the operator of
77     a vehicle facing a steady red arrow signal may cautiously enter the intersection to turn left from
78     a one-way street into a one-way street after stopping as required by Subsection (4)(a).
79          (ii) The operator of a vehicle under Subsection (4)(c)(i) shall yield the right-of-way to:
80          (A) another vehicle moving through the intersection in accordance with an official
81     traffic-control signal; and
82          (B) a pedestrian lawfully within an adjacent crosswalk.
83          (d) If an operator of a vehicle on a highway with a speed limit of 55 miles per hour or
84     lower faces a steady circular red signal during a time of extremely low traffic levels where no
85     other vehicle is at the intersection, the operator may, after coming to a complete stop, proceed
86     through the intersection if the operator reasonably determines that:
87          (i) no other vehicle is at or near the intersection that might compromise the safety of
88     any vehicle if the operator proceeds through the intersection;
89          (ii) no pedestrian is attempting to cross in a crosswalk at the intersection; and

90          (iii) no other safety hazard exists.
91          (5) (a) This section applies to a highway or rail line where a traffic-control signal is
92     erected and maintained.
93          (b) Any stop required shall be made at a sign or marking on the highway pavement
94     indicating where the stop shall be made, but, in the absence of any sign or marking, the stop
95     shall be made at the signal.
96          (6) The operator of a vehicle approaching an intersection that has an inoperative
97     traffic-control signal shall:
98          (a) stop before entering the intersection; and
99          (b) yield the right-of-way to any vehicle as required under Section 41-6a-901.
100          (7) (a) For an operator of a motorcycle, moped, or bicycle who is 16 years of age or
101     older, it is an affirmative defense to a violation of Subsection (4)(a) if the operator of a
102     motorcycle, moped, or bicycle facing a steady circular red signal or red arrow:
103          (i) brings the motorcycle, moped, or bicycle to a complete stop at the intersection or
104     stop line;
105          (ii) determines that:
106          (A) the traffic-control signal has not detected the operator's presence by waiting a
107     reasonable period of time of not less than 90 seconds at the intersection or stop line before
108     entering the intersection;
109          (B) no other vehicle that is entitled to have the right-of-way under applicable law is
110     sitting at, traveling through, or approaching the intersection; and
111          (C) no pedestrians are attempting to cross at or near the intersection in the direction of
112     travel of the operator; and
113          (iii) cautiously enters the intersection and proceeds across the roadway.
114          (b) The affirmative defense under this section does not apply at an active railroad grade
115     crossing as defined in Section 41-6a-1005.
116          (8) A violation of this section is an infraction.






Legislative Review Note
Office of Legislative Research and General Counsel