7 LONG TITLE
8 General Description:
9 This bill amends provisions regarding traffic laws, licensing, and titling requirements,
10 and adds provisions regarding the operation of autonomous vehicles.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms related to autonomous vehicles;
14 ▸ allows the operation of a vehicle in the state by an automated driving system;
15 ▸ exempts a vehicle with an engaged automated driving system from licensure;
16 ▸ provides protocol in case of an accident involving an autonomous vehicle;
17 ▸ requires a vehicle equipped with an automated driving system to be properly titled,
18 registered, and insured;
19 ▸ preempts political subdivisions from regulating autonomous vehicles in addition to
20 regulation provided in state statute; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 13-51-102, as enacted by Laws of Utah 2015, Chapter 461
29 13-51-103, as last amended by Laws of Utah 2016, Chapter 359
30 41-1a-102, as last amended by Laws of Utah 2018, Chapters 166 and 424
31 41-1a-201, as last amended by Laws of Utah 2017, Chapter 149
32 41-1a-202, as last amended by Laws of Utah 2013, Chapter 463
33 41-1a-1503, as enacted by Laws of Utah 2013, Chapter 189
34 41-6a-102, as last amended by Laws of Utah 2018, Chapters 166 and 205
35 41-6a-1641, as last amended by Laws of Utah 2015, Chapter 412
36 53-3-102, as last amended by Laws of Utah 2017, Chapter 297
37 53-3-104, as last amended by Laws of Utah 2018, Chapters 233 and 415
38 53-3-202, as last amended by Laws of Utah 2017, Chapter 297
40 41-26-102.1, Utah Code Annotated 1953
41 41-26-103, Utah Code Annotated 1953
42 41-26-104, Utah Code Annotated 1953
43 41-26-105, Utah Code Annotated 1953
44 41-26-106, Utah Code Annotated 1953
45 41-26-107, Utah Code Annotated 1953
46 41-26-108, Utah Code Annotated 1953
48 41-26-102, as enacted by Laws of Utah 2016, Chapter 212
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 13-51-102 is amended to read:
52 13-51-102. Definitions.
53 (1) "Division" means the Division of Consumer Protection within the Department of
55 (2) "Prearranged ride" means a period of time that:
56 (a) begins when the transportation network driver has accepted a passenger's request
57 for a ride through the transportation network company's software application; and
58 (b) ends when the passenger exits the transportation network driver's vehicle.
59 (3) "Software application" means an Internet-connected software platform, including a
60 mobile application, that a transportation network company uses to:
61 (a) connect a transportation network driver to a passenger; and
62 (b) process passenger requests.
63 (4) "Transportation network company" means an entity that:
64 (a) uses a software application to connect a passenger to a transportation network
65 driver providing transportation network services;
66 (b) is not:
67 (i) a taxicab, as defined in Section 53-3-102; or
68 (ii) a motor carrier, as defined in Section 72-9-102; and
69 (c) except in certain cases involving a motor vehicle with a level four or five automated
70 driving system, as defined in Section 41-26-102.1, does not own, control, operate, or manage
71 the vehicle used to provide the transportation network services.
72 (5) "Transportation network driver" means [
73 (a) an individual who:
75 connection to a potential passenger from the transportation network company;
80 exceeds the individual's cost to provide the ride[
81 (b) a level four or five automated driving system, as defined in Section 41-26-102.1,
82 when the automated driving system is operating the vehicle and used to provide a passenger a
83 ride in exchange for compensation.
84 (6) "Transportation network services" means, for a transportation network driver
85 providing services through a transportation network company:
86 (a) providing a prearranged ride; or
87 (b) being engaged in a waiting period.
88 (7) "Waiting period" means a period of time when:
89 (a) a transportation network driver is logged into a transportation network company's
90 software application; and
91 (b) the transportation network driver is not engaged in a prearranged ride.
92 Section 2. Section 13-51-103 is amended to read:
93 13-51-103. Exemptions -- Transportation network company and transportation
94 network driver.
95 (1) A transportation network company or a transportation network driver is not subject
96 to the requirements applicable to:
97 (a) a motor carrier, under Title 72, Chapter 9, Motor Carrier Safety Act;
98 (b) a common carrier, under Title 59, Chapter 12, Sales and Use Tax Act; or
99 (c) a taxicab, under Title 53, Chapter 3, Uniform Driver License Act.
100 (2) A transportation network driver is:
101 (a) (i) an independent contractor of a transportation network company; and
103 (b) for a motor vehicle with a level four or five automated driving system as defined in
104 Section 41-26-102.1, in driverless operation, an automated driving system if dispatched:
105 (i) at the direction of, on behalf of, or as an agent of a transportation network company;
107 (ii) at the direction of, on behalf of, or as an agent of a third party pursuant to an
108 agreement between the third party and a transportation network company, operated on behalf of
109 and as an agent of the transportation network company.
110 Section 3. Section 41-1a-102 is amended to read:
111 41-1a-102. Definitions.
112 As used in this chapter:
113 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
114 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
115 vehicles as operated and certified to by a weighmaster.
116 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
118 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
120 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
122 (6) "Alternative fuel vehicle" means:
123 (a) an electric motor vehicle;
124 (b) a hybrid electric motor vehicle;
125 (c) a plug-in hybrid electric motor vehicle; or
126 (d) a motor vehicle powered by a fuel other than:
127 (i) motor fuel;
128 (ii) diesel fuel;
129 (iii) natural gas; or
130 (iv) propane.
131 (7) "Amateur radio operator" means any person licensed by the Federal
132 Communications Commission to engage in private and experimental two-way radio operation
133 on the amateur band radio frequencies.
134 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
135 (9) "Automated driving system" means the same as that term is defined in Section
138 (a) rebuilt and restored to operation;
139 (b) flooded and restored to operation; or
140 (c) not restored to operation.
142 be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
143 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
146 a record of ownership between an identified owner and the described vehicle, vessel, or
147 outboard motor.
149 a weighmaster.
151 maintained for the transportation of persons or property that operates:
152 (a) as a carrier for hire, compensation, or profit; or
153 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
154 owner's commercial enterprise.
159 buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright
160 or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an
161 established place of business for the sale, lease, trade, or display of vehicles, vessels, or
162 outboard motors.
165 Section 41-1a-106.
166 (20) "Dynamic driving task" means the same as that term is defined in Section
169 electric motor drawing current from a rechargeable energy storage system.
171 required to be registered in this state, the removal, alteration, or substitution of which would
172 tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or
173 mode of operation.
175 farm implement for drawing plows, mowing machines, and other implements of husbandry.
177 solely for the owner's or operator's own use in the transportation of:
178 (i) farm products, including livestock and its products, poultry and its products,
179 floricultural and horticultural products;
180 (ii) farm supplies, including tile, fence, and every other thing or commodity used in
181 agricultural, floricultural, horticultural, livestock, and poultry production; and
182 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
183 other purposes connected with the operation of a farm.
184 (b) "Farm truck" does not include the operation of trucks by commercial processors of
185 agricultural products.
188 brought into this state from another state, territory, or country other than in the ordinary course
189 of business by or through a manufacturer or dealer, and not registered in this state.
191 of vehicles, equipped for operation, to which shall be added the maximum load to be carried.
193 every way or place of whatever nature when any part of it is open to the public, as a matter of
194 right, for purposes of vehicular traffic.
196 propulsion energy from onboard sources of stored energy that are both:
197 (a) an internal combustion engine or heat engine using consumable fuel; and
198 (b) a rechargeable energy storage system where energy for the storage system comes
199 solely from sources onboard the vehicle.
201 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
203 (b) "Identification number" includes a vehicle identification number, state assigned
204 identification number, hull identification number, and motor serial number.
206 used exclusively for an agricultural operation and only incidentally operated or moved upon the
209 during the preceding year by fleet power units.
210 (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
211 total number of miles that those vehicles were towed on Utah highways during the preceding
214 one state, province, territory, or possession of the United States or foreign country.
216 territory, or possession of the United States or any foreign country.
219 constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
220 Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is
221 eight body feet or more in width or 40 body feet or more in length, or when erected on site, is
222 400 or more square feet, and which is built on a permanent chassis and designed to be used as a
223 dwelling with or without a permanent foundation when connected to the required utilities, and
224 includes the plumbing, heating, air-conditioning, and electrical systems.
226 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
227 outboard motors for the purpose of sale or trade.
229 to June 15, 1976, in accordance with a state mobile home code which existed prior to the
230 Federal Manufactured Housing and Safety Standards Act (HUD Code).
233 use and operation on the highways.
234 (b) "Motor vehicle" does not include an off-highway vehicle.
237 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
238 more than three wheels in contact with the ground; or
239 (b) an autocycle.
242 defined by Section 41-1a-202, and who does not engage in intrastate business within this state
243 and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.
244 (b) A person who engages in intrastate business within this state and operates in that
245 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
246 interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
247 considered a resident of this state, insofar as that vehicle is concerned in administering this
250 a vehicle travels while in operation, but does not include any auxiliary odometer designed to be
251 periodically reset.
253 defined in Section 41-22-2.
258 (i) to navigate a vessel[
259 (ii) collectively, the activities performed in order to perform the entire dynamic driving
260 task for a given motor vehicle by:
261 (A) a human driver as defined in Section 41-26-102.1; or
262 (B) an engaged automated driving system.
263 (b) "Operate" includes testing of an automated driving system.
265 excluding fuel supply, used to propel a vessel.
267 vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
268 subject to a security interest.
269 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
270 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
271 stated in the agreement and with an immediate right of possession vested in the conditional
272 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
273 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
275 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
276 owner until the lessee exercises the lessee's option to purchase the vehicle.
278 (a) is designed and marketed as temporary living quarters for recreational, camping,
279 travel, or seasonal use;
280 (b) is not permanently affixed to real property for use as a permanent dwelling;
281 (c) requires a special highway movement permit for transit; and
282 (d) is built on a single chassis mounted on wheels with a gross trailer area not
283 exceeding 400 square feet in the setup mode.
285 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
286 to the vehicle by the division.
288 manufactured, remanufactured, or materially altered to provide an open cargo area.
289 (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
290 camper, camper shell, tarp, removable top, or similar structure.
292 vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
293 from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
294 vehicle while the vehicle is in motion.
296 support the load.
298 division that is within 16 months immediately preceding the commencement of the registration
299 or license year in which proportional registration is sought. The division in fixing the period
300 shall conform it to the terms, conditions, and requirements of any applicable agreement or
301 arrangement for the proportional registration of vehicles.
303 vessels are kept and stored and where a charge is made for the storage and keeping of vehicles
304 and vessels.
306 surrender of ownership documents described in Section 41-1a-503.
308 registered in this state that is materially altered from its original construction by the removal,
309 addition, or substitution of essential parts, new or used.
313 operation of a vehicle or vessel on the highways or waters of this state for the time period for
314 which the registration is valid and that is evidence of compliance with the registration
315 requirements of the jurisdiction.
317 with the completion of all applicable registration criteria.
318 (b) For administration of a multistate agreement for proportional registration the
319 division may prescribe a different 12-month period.
321 outboard motors to a sound working condition by substituting any inoperative part of the
322 vehicle, vessel, or outboard motor, or by correcting the inoperative part.
324 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
325 (b) a custom vehicle that meets the requirements under Subsection
328 other vehicles and constructed so it does not carry any load either independently or any part of
329 the weight of a vehicle or load that is drawn.
332 agreement to secure the payment or performance of an obligation and that is valid against third
335 carrying persons or property and for being drawn by a motor vehicle and constructed so that
336 some part of its weight and its load rests or is carried by another vehicle.
338 particular group of people or a license plate authorized and issued by the division in accordance
339 with Section 41-1a-418.
341 transportation purposes and that is:
342 (i) 20 years or older from the current year; or
343 (ii) a make or model of motor vehicle recognized by the division director as having
344 unique interest or historic value.
345 (b) In making a determination under Subsection [
346 shall give special consideration to:
347 (i) a make of motor vehicle that is no longer manufactured;
348 (ii) a make or model of motor vehicle produced in limited or token quantities;
349 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
350 designed exclusively for educational purposes or museum display; or
351 (iv) a motor vehicle of any age or make that has not been substantially altered or
352 modified from original specifications of the manufacturer and because of its significance is
353 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
354 leisure pursuit.
356 (i) not designed or used primarily for the transportation of persons or property;
357 (ii) not designed to operate in traffic; and
358 (iii) only incidentally operated or moved over the highways.
359 (b) "Special mobile equipment" includes:
360 (i) farm tractors;
361 (ii) off-road motorized construction or maintenance equipment including backhoes,
362 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
363 (iii) ditch-digging apparatus.
364 (c) "Special mobile equipment" does not include a commercial vehicle as defined
365 under Section 72-9-102.
367 registered in this state, not originally constructed under a distinctive name, make, model, or
368 type by a generally recognized manufacturer of vehicles, and not materially altered from its
369 original construction.
373 jurisdictions during the preceding year by power units.
374 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
375 the number of miles that those vehicles were towed on the highways of all jurisdictions during
376 the preceding year.
378 persons or property and for being drawn by a motor vehicle and constructed so that no part of
379 its weight rests upon the towing vehicle.
381 conveyed by sale, gift, or any other means except by the creation of a security interest.
383 property by sale, gift, or any other means except by creation of a security interest.
385 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
386 vacation use that does not require a special highway movement permit when drawn by a
387 self-propelled motor vehicle.
389 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
390 vehicle and load that is drawn.
392 camper, park model recreational vehicle, manufactured home, and mobile home.
399 permitted to weigh vehicles under this chapter.
400 Section 4. Section 41-1a-201 is amended to read:
401 41-1a-201. Function of registration -- Registration required -- Penalty.
402 (1) Unless exempted, a person or automated driving system may not operate and an
403 owner may not engage an automated driving system, give another person permission to engage
404 an automated driving system, or give another person permission to operate a motor vehicle,
405 combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle, vessel, or
406 park model recreational vehicle in this state unless it has been registered in accordance with
407 this chapter, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State
408 Boating Act.
409 (2) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.
410 Section 5. Section 41-1a-202 is amended to read:
411 41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
412 vehicles after establishing residency.
413 (1) In this section:
414 (a) "Domicile" means the place:
415 (i) where an individual has a fixed permanent home and principal establishment;
416 (ii) to which the individual if absent, intends to return; and
417 (iii) in which the individual and his family voluntarily reside, not for a special or
418 temporary purpose, but with the intention of making a permanent home.
419 (b) (i) "Resident" means any of the following:
420 (A) an individual who:
421 (I) has established a domicile in this state;
422 (II) regardless of domicile, remains in this state for an aggregate period of six months
423 or more during any calendar year;
424 (III) engages in a trade, profession, or occupation in this state or who accepts
425 employment in other than seasonal work in this state and who does not commute into the state;
426 (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
427 license or motor vehicle registration; or
428 (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
429 nonresidents, including going to school, or placing children in school without paying
430 nonresident tuition or fees; or
431 (B) any individual, partnership, limited liability company, firm, corporation,
432 association, or other entity that:
433 (I) maintains a main office, branch office, or warehouse facility in this state and that
434 bases and operates a motor vehicle in this state; or
435 (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
436 (ii) "Resident" does not include any of the following:
437 (A) a member of the military temporarily stationed in Utah;
438 (B) an out-of-state student, as classified by the institution of higher education, enrolled
439 with the equivalent of seven or more quarter hours, regardless of whether the student engages
440 in a trade, profession, or occupation in this state or accepts employment in this state; and
441 (C) an individual domiciled in another state or a foreign country that:
442 (I) is engaged in public, charitable, educational, or religious services for a government
443 agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
444 Section 501(c)(3);
445 (II) is not compensated for services rendered other than expense reimbursements; and
446 (III) is temporarily in Utah for a period not to exceed 24 months.
447 (iii) Notwithstanding Subsections (1)(b)(i) and (ii), "resident" includes the owner of a
448 vehicle equipped with an automated driving system as defined in Section 41-26-102.1 if the
449 vehicle is physically present in the state for more than 30 consecutive days in a calendar year.
450 (2) Registration under this chapter is not required for any:
451 (a) vehicle registered in another state and owned by a nonresident of the state or
452 operating under a temporary registration permit issued by the division or a dealer authorized by
453 this chapter, driven or moved upon a highway in conformance with the provisions of this
454 chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
455 (b) vehicle driven or moved upon a highway only for the purpose of crossing the
456 highway from one property to another;
457 (c) implement of husbandry, whether of a type otherwise subject to registration or not,
458 that is only incidentally operated or moved upon a highway;
459 (d) special mobile equipment;
460 (e) vehicle owned or leased by the federal government;
461 (f) motor vehicle not designed, used, or maintained for the transportation of passengers
462 for hire or for the transportation of property if the motor vehicle is registered in another state
463 and is owned and operated by a nonresident of this state;
464 (g) vehicle or combination of vehicles designed, used, or maintained for the
465 transportation of persons for hire or for the transportation of property if the vehicle or
466 combination of vehicles is registered in another state and is owned and operated by a
467 nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
468 of 26,000 pounds or less;
469 (h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
470 for hire for the transportation of property or person;
471 (i) manufactured home or mobile home;
472 (j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
473 vehicle is:
474 (i) being towed;
475 (ii) operated on a street or highway designated as open to off-highway vehicle use; or
476 (iii) operated in the manner prescribed in Subsections 41-22-10.3(1) through (3);
477 (k) off-highway implement of husbandry operated in the manner prescribed in
478 Subsections 41-22-5.5(3) through (5);
479 (l) modular and prebuilt homes conforming to the uniform building code and presently
480 regulated by the United States Department of Housing and Urban Development that are not
481 constructed on a permanent chassis;
482 (m) electric assisted bicycle defined under Section 41-6a-102;
483 (n) motor assisted scooter defined under Section 41-6a-102; or
484 (o) electric personal assistive mobility device defined under Section 41-6a-102.
485 (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
486 required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
487 within 60 days of the owner establishing residency in this state.
488 (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
489 registration requirements of this part for the time period that the registration under Section
490 41-3-306 is valid.
491 (5) A vehicle that has been issued a nonrepairable certificate may not be registered
492 under this chapter.
493 Section 6. Section 41-1a-1503 is amended to read:
494 41-1a-1503. Event data recorders -- Retrieval or disclosure of event data.
495 (1) (a) Event data that is recorded on an event data recorder:
496 (i) is private;
497 (ii) is the personal information of the motor vehicle's owner; and
498 (iii) except as provided in Subsection (2), may not be retrieved by a person who is not
499 the owner of the motor vehicle.
500 (b) If a motor vehicle is owned by more than one person, only one owner is required to
501 consent to the retrieval or use of the data from a motor vehicle event data recorder.
502 (2) Event data that is recorded on an event data recorder may be retrieved, obtained, or
503 used by a person who is not the owner of the motor vehicle in the following circumstances:
504 (a) the owner of the motor vehicle or the owner's agent has consented to the retrieval of
505 the data relating to an accident;
506 (b) the data is retrieved by a motor vehicle dealer, motor vehicle manufacturer, or by an
507 automotive technician to diagnose, service, or repair the motor vehicle at the request of the
508 owner or the owner's agent;
509 (c) the data is subject to discovery in a criminal prosecution or pursuant to the rules of
510 civil procedure in a claim arising out of a motor vehicle accident;
511 (d) a court or administrative agency having jurisdiction orders the data to be retrieved;
512 (e) a peace officer retrieves the data pursuant to a court order as part of an investigation
513 of a suspected violation of a law that has caused, or contributed to the cause of, an accident
514 resulting in damage of property or injury to a person; [
515 (f) to facilitate or determine the need for emergency medical care for the driver or
516 passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency,
517 including the retrieval of data from a company that provides subscription services to the owner
518 of a motor vehicle for in-vehicle safety and security communications[
519 (g) for purposes of improving motor vehicle safety, security, or traffic management,
520 including medical research on the human body's reaction to motor vehicle crashes, as long as
521 the identity of the owner, passenger, or human driver is not disclosed in connection with the
522 retrieved data.
523 (3) Except as provided in Subsection (4), a person who has retrieved, obtained, or used
524 event data under Subsection (2) may not release event data that is recorded on an event data
526 (4) A person may release event data that is recorded on an event data recorder in the
527 following circumstances:
528 (a) the owner of the motor vehicle or the owner's agent has consented to the release of
529 the data;
530 (b) the data is subject to discovery in a criminal prosecution or pursuant to the rules of
531 civil procedure in a claim arising out of a motor vehicle accident;
532 (c) the data is released pursuant to a court order as part of an investigation of a
533 suspected violation of a law that has caused, or contributed to the cause of, an accident
534 resulting in damage of property or injury to a person; or
535 (d) if the identity of the owner or driver is not disclosed[
538 released for purposes of improving motor vehicle safety, security, or traffic management,
539 including medical research on the human body's reaction to a motor vehicle crash.
540 (5) (a) If a motor vehicle is equipped with an event data recorder that is capable of
541 recording or transmitting event data and that capability is part of a subscription service, the fact
542 that the event data may be recorded or transmitted shall be disclosed in the subscription service
544 (b) Notwithstanding the provisions of this section, event data from an event data
545 recorder may be retrieved, obtained, and used by a subscription service provider for
546 subscription services meeting the requirement of Subsection (5)(a).
547 Section 7. Section 41-6a-102 is amended to read:
548 41-6a-102. Definitions.
549 As used in this chapter:
550 (1) "Alley" means a street or highway intended to provide access to the rear or side of
551 lots or buildings in urban districts and not intended for through vehicular traffic.
552 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
554 (3) "Authorized emergency vehicle" includes:
555 (a) fire department vehicles;
556 (b) police vehicles;
557 (c) ambulances; and
558 (d) other publicly or privately owned vehicles as designated by the commissioner of the
559 Department of Public Safety.
560 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
561 (5) (a) "Bicycle" means a wheeled vehicle:
562 (i) propelled by human power by feet or hands acting upon pedals or cranks;
563 (ii) with a seat or saddle designed for the use of the operator;
564 (iii) designed to be operated on the ground; and
565 (iv) whose wheels are not less than 14 inches in diameter.
566 (b) "Bicycle" includes an electric assisted bicycle.
567 (c) "Bicycle" does not include scooters and similar devices.
568 (6) (a) "Bus" means a motor vehicle:
569 (i) designed for carrying more than 15 passengers and used for the transportation of
570 persons; or
571 (ii) designed and used for the transportation of persons for compensation.
572 (b) "Bus" does not include a taxicab.
573 (7) (a) "Circular intersection" means an intersection that has an island, generally
574 circular in design, located in the center of the intersection where traffic passes to the right of
575 the island.
576 (b) "Circular intersection" includes:
577 (i) roundabouts;
578 (ii) rotaries; and
579 (iii) traffic circles.
580 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
581 Subsection (17)(d)(i).
582 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
583 Subsection (17)(d)(ii).
584 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
585 Subsection (17)(d)(iii).
586 (11) "Commissioner" means the commissioner of the Department of Public Safety.
587 (12) "Controlled-access highway" means a highway, street, or roadway:
588 (a) designed primarily for through traffic; and
589 (b) to or from which owners or occupants of abutting lands and other persons have no
590 legal right of access, except at points as determined by the highway authority having
591 jurisdiction over the highway, street, or roadway.
592 (13) "Crosswalk" means:
593 (a) that part of a roadway at an intersection included within the connections of the
594 lateral lines of the sidewalks on opposite sides of the highway measured from:
595 (i) (A) the curbs; or
596 (B) in the absence of curbs, from the edges of the traversable roadway; and
597 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
598 included within the extension of the lateral lines of the existing sidewalk at right angles to the
599 centerline; or
600 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
601 pedestrian crossing by lines or other markings on the surface.
602 (14) "Department" means the Department of Public Safety.
603 (15) "Direct supervision" means oversight at a distance within which:
604 (a) visual contact is maintained; and
605 (b) advice and assistance can be given and received.
606 (16) "Divided highway" means a highway divided into two or more roadways by:
607 (a) an unpaved intervening space;
608 (b) a physical barrier; or
609 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
610 (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
611 (a) has a power output of not more than 750 watts;
612 (b) has fully operable pedals on permanently affixed cranks;
613 (c) is fully operable as a bicycle without the use of the electric motor; and
614 (d) is one of the following:
615 (i) an electric assisted bicycle equipped with a motor or electronics that:
616 (A) provides assistance only when the rider is pedaling; and
617 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
619 (ii) an electric assisted bicycle equipped with a motor or electronics that:
620 (A) may be used exclusively to propel the bicycle; and
621 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
622 miles per hour; or
623 (iii) an electric assisted bicycle equipped with a motor or electronics that:
624 (A) provides assistance only when the rider is pedaling;
625 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
626 hour; and
627 (C) is equipped with a speedometer.
628 (18) (a) "Electric personal assistive mobility device" means a self-balancing device
630 (i) two nontandem wheels in contact with the ground;
631 (ii) a system capable of steering and stopping the unit under typical operating
633 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
634 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
635 (v) a deck design for a person to stand while operating the device.
636 (b) "Electric personal assistive mobility device" does not include a wheelchair.
637 (19) "Explosives" means any chemical compound or mechanical mixture commonly
638 used or intended for the purpose of producing an explosion and that contains any oxidizing and
639 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
640 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
641 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
642 capable of producing destructive effects on contiguous objects or of causing death or serious
643 bodily injury.
644 (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
645 implement, for drawing plows, mowing machines, and other implements of husbandry.
646 (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
647 as determined by a tagliabue or equivalent closed-cup test device.
648 (22) "Freeway" means a controlled-access highway that is part of the interstate system
649 as defined in Section 72-1-102.
650 (23) "Gore area" means the area delineated by two solid white lines that is between a
651 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
652 including similar areas between merging or splitting highways.
653 (24) "Gross weight" means the weight of a vehicle without a load plus the weight of
654 any load on the vehicle.
655 (25) "Highway" means the entire width between property lines of every way or place of
656 any nature when any part of it is open to the use of the public as a matter of right for vehicular
658 (26) "Highway authority" means the same as that term is defined in Section 72-1-102.
659 (27) (a) "Intersection" means the area embraced within the prolongation or connection
660 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
661 more highways which join one another.
662 (b) Where a highway includes two roadways 30 feet or more apart:
663 (i) every crossing of each roadway of the divided highway by an intersecting highway
664 is a separate intersection; and
665 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
666 every crossing of two roadways of the highways is a separate intersection.
667 (c) "Intersection" does not include the junction of an alley with a street or highway.
668 (28) "Island" means an area between traffic lanes or at an intersection for control of
669 vehicle movements or for pedestrian refuge designated by:
670 (a) pavement markings, which may include an area designated by two solid yellow
671 lines surrounding the perimeter of the area;
672 (b) channelizing devices;
673 (c) curbs;
674 (d) pavement edges; or
675 (e) other devices.
676 (29) "Law enforcement agency" means the same as that term is as defined in Section
678 (30) "Limited access highway" means a highway:
679 (a) that is designated specifically for through traffic; and
680 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
681 persons have any right or easement, or have only a limited right or easement of access, light,
682 air, or view.
683 (31) "Local highway authority" means the legislative, executive, or governing body of
684 a county, municipal, or other local board or body having authority to enact laws relating to
685 traffic under the constitution and laws of the state.
686 (32) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
687 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
688 (ii) has a capacity of not more than four passengers, including [
689 conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in
690 Section 41-26-102.1.
691 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
692 (33) "Metal tire" means a tire, the surface of which in contact with the highway is
693 wholly or partly of metal or other hard nonresilient material.
694 (34) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
695 saddle that is less than 24 inches from the ground as measured on a level surface with properly
696 inflated tires.
697 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
698 (c) "Mini-motorcycle" does not include a motorcycle that is:
699 (i) designed for off-highway use; and
700 (ii) registered as an off-highway vehicle under Section 41-22-3.
701 (35) "Mobile home" means:
702 (a) a trailer or semitrailer that is:
703 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
704 place either permanently or temporarily; and
705 (ii) equipped for use as a conveyance on streets and highways; or
706 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
707 constructed for use as a mobile home, as defined in Subsection (35)(a), but that is instead used
708 permanently or temporarily for:
709 (i) the advertising, sale, display, or promotion of merchandise or services; or
710 (ii) any other commercial purpose except the transportation of property for hire or the
711 transportation of property for distribution by a private carrier.
712 (36) (a) "Moped" means a motor-driven cycle having:
713 (i) pedals to permit propulsion by human power; and
714 (ii) a motor that:
715 (A) produces not more than two brake horsepower; and
716 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
717 level ground.
718 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
719 centimeters and the moped shall have a power drive system that functions directly or
720 automatically without clutching or shifting by the operator after the drive system is engaged.
721 (c) "Moped" includes a motor assisted scooter.
722 (d) "Moped" does not include an electric assisted bicycle.
723 (37) (a) "Motor assisted scooter" means a self-propelled device with:
724 (i) at least two wheels in contact with the ground;
725 (ii) a braking system capable of stopping the unit under typical operating conditions;
726 (iii) a gas or electric motor not exceeding 40 cubic centimeters;
727 (iv) either:
728 (A) a deck design for a person to stand while operating the device; or
729 (B) a deck and seat designed for a person to sit, straddle, or stand while operating the
730 device; and
731 (v) a design for the ability to be propelled by human power alone.
732 (b) "Motor assisted scooter" does not include an electric assisted bicycle.
733 (38) (a) "Motor vehicle" means a vehicle that is self-propelled and every vehicle which
734 is propelled by electric power obtained from overhead trolley wires, but not operated upon
736 (b) "Motor vehicle" does not include vehicles moved solely by human power,
737 motorized wheelchairs, an electric personal assistive mobility device, an electric assisted
738 bicycle, or a personal delivery device, as defined in Section 41-6a-1119.
739 (39) "Motorcycle" means:
740 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
741 and designed to travel with not more than three wheels in contact with the ground; or
742 (b) an autocycle.
743 (40) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped, motor
744 assisted scooter, and every motorized bicycle having:
745 (i) an engine with less than 150 cubic centimeters displacement; or
746 (ii) a motor that produces not more than five horsepower.
747 (b) "Motor-driven cycle" does not include:
748 (i) an electric personal assistive mobility device; or
749 (ii) an electric assisted bicycle.
750 (41) "Off-highway implement of husbandry" means the same as that term is defined
751 under Section 41-22-2.
752 (42) "Off-highway vehicle" means the same as that term is defined under Section
754 (43) "Operate" means the same as that term is defined in Section 41-1a-102.
756 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
757 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
760 is occupied or not.
761 (b) "Park" or "parking" does not include:
762 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
763 in loading or unloading property or passengers[
764 (ii) a motor vehicle with an engaged automated driving system that has achieved a
765 minimal risk condition, as those terms are defined in Section 41-26-102.1.
767 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
768 traffic laws.
770 (a) on foot; or
771 (b) in a wheelchair.
773 regulate pedestrians.
776 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
778 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
779 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
780 (b) that is ordinarily used for transporting long or irregular shaped loads including
781 poles, pipes, or structural members generally capable of sustaining themselves as beams
782 between the supporting connections.
784 and used for vehicular travel by the owner and those having express or implied permission
785 from the owner, but not by other persons.
787 stationary rails.
789 authority of a public body or official or by a railroad and intended to give notice of the presence
790 of railroad tracks or the approach of a railroad train.
792 coupled with or operated without cars, and operated upon rails.
794 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
795 of direction, speed, and proximity that give rise to danger of collision unless one grants
796 precedence to the other.
798 ordinarily used for vehicular travel.
799 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
800 them are used by persons riding bicycles or other human-powered vehicles.
801 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
802 a highway includes two or more separate roadways.
804 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
805 signs as to be plainly visible at all times while set apart as a safety zone.
807 (i) complies with the color and identification requirements of the most recent edition of
808 "Minimum Standards for School Buses"; and
809 (ii) is used to transport school children to or from school or school activities.
810 (b) "School bus" does not include a vehicle operated by a common carrier in
811 transportation of school children to or from school or school activities.
813 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
815 (ii) constructed so that some part of its weight and that of its load rests on or is carried
816 by another vehicle.
817 (b) "Semitrailer" does not include a pole trailer.
819 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
820 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
822 (b) that portion of the road contiguous to the roadway for accommodation of stopped
823 vehicles, for emergency use, and for lateral support.
825 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
827 does not depend on compressed air for the support of the load.
829 occupied or not, for the purpose of and while actually engaged in receiving or discharging
833 of a vehicle, whether occupied or not, except when:
834 (a) necessary to avoid conflict with other traffic; or
835 (b) in compliance with the directions of a peace officer or traffic-control device.
837 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
838 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
839 Section 41-6a-1509.
841 conveyances either singly or together while using any highway for the purpose of travel.
843 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
845 inconsistent with this chapter placed or erected by a highway authority for the purpose of
846 regulating, warning, or guiding traffic.
848 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
850 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
851 part of its weight rests upon the towing vehicle.
852 (b) "Trailer" does not include a pole trailer.
854 the transportation of property.
856 (a) designed and used primarily for drawing other vehicles; and
857 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
860 (a) provided for vehicle operators making left turns in either direction;
861 (b) that is not used for passing, overtaking, or through travel; and
862 (c) that has been indicated by a lane traffic-control device that may include lane
865 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
866 less than 100 feet, for a distance of a quarter of a mile or more.
868 be transported or drawn on a highway, except devices used exclusively on stationary rails or
870 Section 8. Section 41-6a-1641 is amended to read:
871 41-6a-1641. Video display in motor vehicles prohibited if visible to driver --
873 (1) A motor vehicle may not be operated on a highway if the motor vehicle is equipped
874 with a video display located so that the display is visible to the [
875 of the vehicle as that term is defined in Section 41-26-102.1.
876 (2) This section does not prohibit the use of a video display used exclusively for:
877 (a) safety or law enforcement purposes if the use is approved by rule of the department
878 under Section 41-6a-1601;
879 (b) motor vehicle navigation; [
880 (c) monitoring of equipment and operating systems of the motor vehicle[
881 (d) operation of a vehicle in a connected platooning system.
882 (3) A violation of this section is an infraction.
883 Section 9. Section 41-26-102.1 is enacted to read:
884 41-26-102.1. Definitions.
885 (1) "ADS-dedicated vehicle" means a vehicle designed to be operated exclusively by a
886 level four or five ADS for all trips within the given operational design domain limitations of
887 the ADS, if any.
888 (2) (a) "Automated driving system" or "ADS" means the hardware and software that
889 are collectively capable of performing the entire dynamic driving task on a sustained basis,
890 regardless of whether the ADS is limited to a specific operational design domain, if any.
891 (b) "Automated driving system" or "ADS" is used specifically to describe a level three,
892 four, or five driving automation system.
893 (3) "Commission" means the State Tax Commission as defined in Section 59-1-101.
894 (4) "Conventional driver" means a human driver who is onboard the motor vehicle and
895 manually performs some or all of the following actions in order to operate a vehicle:
896 (a) braking;
897 (b) accelerating;
898 (c) steering; and
899 (d) transmission gear selection input devices.
900 (5) (a) "Dispatch" means to place an ADS-equipped vehicle into service in driverless
901 operation by engaging the ADS.
902 (b) "Dispatch" includes software-enabled dispatch of multiple ADS-equipped motor
903 vehicles in driverless operation that may complete multiple trips involving pick-up and
904 drop-off of passengers or goods throughout a day or other pre-defined periods of service, and
905 which may involve multiple agents performing various tasks related to the dispatch function.
906 (6) "Division" means the Motor Vehicle Division of the commission, created in
907 Section 41-1a-106.
908 (7) "Driverless operation" means the operation of an ADS-equipped vehicle in which:
909 (a) no on-board user is present; or
910 (b) no on-board user is a human driver or fallback-ready user.
911 (8) "Driverless operation dispatcher" means a user who dispatches an ADS-equipped
912 vehicle in driverless operation.
913 (9) "Driving automation system" means the hardware and software collectively capable
914 of performing part or all of the dynamic driving task on a sustained basis.
915 (10) "Driving automation system feature" means a specific function of a driving
916 automation system.
917 (11) (a) "Dynamic driving task" means all of the real-time operational and tactical
918 functions required to operate a motor vehicle in on-road traffic, including:
919 (i) lateral vehicle motion control through steering;
920 (ii) longitudinal motion control through acceleration and deceleration;
921 (iii) monitoring the driving environment through object and event detection,
922 recognition, classification, and response preparation;
923 (iv) object and event response execution;
924 (v) maneuver planning; and
925 (vi) enhancing conspicuity with lighting, signaling, and gesturing.
926 (b) "Dynamic driving task" does not include strategic functions such as trip scheduling
927 and selection of destinations and waypoints.
928 (12) "Engage" as it pertains to the operation of a vehicle by a driving automation
929 system means to cause a driving automation system feature to perform part or all of the
930 dynamic driving task on a sustained basis.
931 (13) "External event" is a situation in the driving environment that necessitates a
932 response by a human driver or driving automation system.
933 (14) "Fallback-ready user" means the user of a vehicle equipped with an engaged level
934 three ADS who is:
935 (a) a human driver; and
936 (b) ready to operate the vehicle if:
937 (i) a system failure occurs; or
938 (ii) the ADS issues a request to intervene.
939 (15) (a) "Human driver" means a natural person:
940 (i) with a valid license to operate a motor vehicle of the proper class for the motor
941 vehicle being operated; and
942 (ii) who performs in real-time all or part of the dynamic driving task.
943 (b) "Human driver" includes a:
944 (i) conventional driver; and
945 (ii) remote driver.
946 (16) "Level five automated driving system" or "level five ADS" means an ADS feature
947 that has the capability to perform on a sustained basis the entire dynamic driving task under all
948 conditions that can reasonably be managed by a human driver, as well as any maneuvers
949 necessary to respond to a system failure, without any expectation that a human user will
950 respond to a request to intervene.
951 (17) "Level four automated driving system" or "level four ADS" means an ADS feature
952 that, without any expectation that a human user will respond to a request to intervene, has:
953 (a) the capability to perform on a sustained basis the entire dynamic driving task within
954 its operational design domain; and
955 (b) the capability to perform any maneuvers necessary to achieve a minimal risk
956 condition in response to:
957 (i) an exit from the operational design domain of the ADS; or
958 (ii) a system failure.
959 (18) "Level three automated driving system" or "level three ADS" means an ADS
960 feature that:
961 (a) has the capability to perform on a sustained basis the entire dynamic driving task
962 within its operational design domain; and
963 (b) requires a fallback-ready user to operate the vehicle after receiving a request to
964 intervene or in response to a system failure.
965 (19) "Minimal risk condition" means a condition to which a user or an ADS may bring
966 a motor vehicle in order to reduce the risk of a crash when a given trip cannot or should not be
968 (20) "Object and event detection and response" means the subtasks of the dynamic
969 driving task that include:
970 (a) monitoring the driving environment; and
971 (b) executing an appropriate response in order to perform the dynamic driving task.
972 (21) "On-demand autonomous vehicle network" means a transportation service
973 network that uses a software application or other digital means to dispatch or otherwise enable
974 the prearrangement of transportation with motor vehicles that have a level four or five ADS in
975 driverless operation for purposes of transporting persons, including for-hire transportation and
976 transportation for compensation.
977 (22) "Operate" means the same as that term is defined in Section 41-1a-102.
978 (23) "Operational design domain" means the operating conditions under which a given
979 ADS or feature thereof is specifically designed to function, including:
980 (a) speed range, environmental, geographical, and time-of-day restrictions; or
981 (b) the requisite presence or absence of certain traffic or roadway characteristics.
982 (24) "Operator" means the same as that term is defined in Section 41-6a-102.
983 (25) "Passenger" means a user on board a vehicle who has no role in the operation of
984 that vehicle.
985 (26) "Person" means the same as that term is defined in Section 41-6a-102.
986 (27) "Remote driver" means a human driver who is not located in a position to
987 manually exercise in-vehicle braking, accelerating, steering, or transmission gear selection
988 input devices, but operates the vehicle.
989 (28) "Request to intervene" means the notification by an ADS to a fallback-ready user
990 indicating that the fallback-ready user should promptly begin or resume operation of the
992 (29) "Sustained operation of a motor vehicle" means the performance of part or all of
993 the dynamic driving task both between and across external events, including response to
994 external events and continued performance of part or all of the dynamic driving task in the
995 absence of external events.
996 (30) "System failure" means a malfunction in a driving automation system or other
997 vehicle system that prevents the ADS from reliably performing the portion of the dynamic
998 driving task on a sustained basis, including the complete dynamic driving task, that the ADS
999 would otherwise perform.
1000 (31) "User" means a:
1001 (a) human driver;
1002 (b) passenger;
1003 (c) fallback-ready user; or
1004 (d) driverless operation dispatcher.
1005 Section 10. Section 41-26-103 is enacted to read:
1006 41-26-103. Operation of motor vehicles equipped with an automated driving
1008 (1) A motor vehicle equipped with a level three ADS may operate on a highway in this
1009 state if:
1010 (a) the motor vehicle is operated, whether by the ADS or human driver, in compliance
1011 with the applicable traffic and motor vehicle safety laws and regulations of this state, unless an
1012 exemption has been granted;
1013 (b) when required by federal law, the motor vehicle:
1014 (i) has been certified as being in compliance with all applicable motor vehicle safety
1015 standards; and
1016 (ii) bears the required certification label, including reference to any exemption granted
1017 under federal law;
1018 (c) when operated by an ADS, if a system failure occurs that renders the ADS unable to
1019 perform the entire dynamic driving task relevant to the intended operational design domain of
1020 the ADS, the ADS will achieve a minimal risk condition or make a request to intervene; and
1021 (d) the motor vehicle is titled and registered in compliance with Section 41-26-107.
1022 (2) A motor vehicle equipped with a level four or level five ADS may operate in
1023 driverless operation on a highway in this state if:
1024 (a) the ADS is capable of operating in compliance with applicable traffic and motor
1025 vehicle laws and regulations of this state, unless an exemption has been granted;
1026 (b) when required by federal law, the motor vehicle:
1027 (i) has been certified as being in compliance with all applicable Federal Motor Vehicle
1028 Safety Standards and regulations; and
1029 (ii) bears the required certification label including reference to any exemption granted
1030 under federal law;
1031 (c) a system failure occurs that renders the ADS unable to perform the entire dynamic
1032 driving task relevant to the intended operational design domain of the ADS, a minimal risk
1033 condition will be achieved; and
1034 (d) the motor vehicle is titled and registered in compliance with Section 41-26-107.
1035 (3) A vehicle being operated by an ADS or a remote driver is not considered
1037 (4) The division may revoke the registration and privilege for a vehicle equipped with
1038 an ADS to operate on a highway of the state if the Department of Transportation or the
1039 Department of Public Safety determines and notifies the division that:
1040 (a) the ADS is operating in an unsafe manner; or
1041 (b) the vehicle's ADS is being engaged in an unsafe manner.
1042 (5) Special mobile equipment, as defined in Section 41-1a-102, equipped with a level
1043 three, four, or five ADS, may be moved or operated incidentally over a highway.
1044 (6) Nothing in this chapter prohibits or restricts a human driver from operating a
1045 vehicle equipped with an ADS and equipped with controls that allow for the human driver to
1046 perform all or part of the dynamic driving task.
1047 Section 11. Section 41-26-104 is enacted to read:
1048 41-26-104. Licensing -- Responsibility for compliant operation of ADS-equipped
1050 For the purpose of assessing compliance with applicable traffic or motor vehicle laws:
1051 (1) (a) When an ADS is operating a motor vehicle, the ADS is the operator, and shall
1052 satisfy electronically all physical acts required by a conventional driver in operation of the
1054 (b) The ADS is responsible for the compliant operation of the vehicle and is not
1055 required to be licensed to operate the vehicle.
1056 (2) (a) If a vehicle with an engaged level three ADS issues a request to intervene, the
1057 ADS is responsible for the compliant operation of the vehicle until disengagement of the ADS.
1058 (b) If a vehicle with an engaged level four or five ADS issues a request to intervene,
1059 the ADS is responsible for the compliant operation of the vehicle until or unless a human user
1060 begins to operate the vehicle.
1061 (3) The ADS is responsible for compliant operation of an ADS-dedicated vehicle.
1062 Section 12. Section 41-26-105 is enacted to read:
1063 41-26-105. Duties following crashes involving motor vehicles equipped with an
1064 automated driving system.
1065 (1) In the event of a crash involving a vehicle with the ADS engaged:
1066 (a) the ADS-equipped vehicle shall remain on the scene of the crash when required to
1067 do so under Section 41-6a-401, consistent with the vehicle's ability to achieve a minimal risk
1068 condition as described in Section 41-26-103; and
1069 (b) the owner of the ADS-equipped vehicle, or a person on behalf of the vehicle owner,
1070 shall report any crashes or collisions consistent with Chapter 6a, Part 4, Accident
1072 (2) If the owner or person on behalf of the owner is not on board the vehicle at the time
1073 of the crash, the owner shall ensure that the following information is immediately
1074 communicated or made available to the persons involved or to a peace officer upon request:
1075 (a) the contents of the vehicle's registration card; and
1076 (b) the name of the insurance provider for the vehicle, including the phone number of
1077 the agent or provider.
1078 (3) The department may require that an accident report filed under Section 41-6a-402
1080 (a) whether a vehicle equipped with an ADS was involved in the accident; and
1081 (b) whether the ADS was engaged at the time of the accident.
1082 Section 13. Section 41-26-106 is enacted to read:
1083 41-26-106. On-demand autonomous vehicle network.
1084 (1) Subject to Subsection (2), an on-demand autonomous vehicle network may only
1085 operate pursuant to state laws governing the operation of ground transportation for-hire under
1086 state law, including:
1087 (a) a transportation network company pursuant to Title 13, Chapter 51, Transportation
1088 Network Company Registration Act;
1089 (b) a public transit district as defined in Section 17B-2a-802; or
1090 (c) a private passenger carrier as defined in Section 53-3-102.
1091 (2) Any provision of state law described in Subsection (1) that reasonably applies only
1092 to a human driver, including Subsection 13-51-105(5)(b), shall not apply to the operation of a
1093 vehicle by an engaged level four or five ADS that is part of an on-demand autonomous vehicle
1095 Section 14. Section 41-26-107 is enacted to read:
1096 41-26-107. Registration, title, and insurance of motor vehicles equipped with an
1097 automated driving system.
1098 (1) If the owner of a vehicle equipped with an ADS is a resident of this state, the owner
1099 shall properly register the vehicle in accordance with Chapter 1a, Part 2, Registration.
1100 (2) If the owner of a vehicle equipped with an ADS is a resident of this state, the owner
1101 shall properly title the vehicle in accordance with Chapter 1a, Part 5, Titling Requirement.
1102 (3) Before an ADS may operate a vehicle on a highway in this state, the owner of the
1103 vehicle shall ensure that the vehicle complies with Chapter 12a, Financial Responsibility of
1104 Motor Vehicle Owners and Operators Act.
1105 Section 15. Section 41-26-108 is enacted to read:
1106 41-26-108. Controlling authority.
1107 No local agency, political subdivision, or other entity may prohibit the operation of a
1108 vehicle equipped with a driving automation system, an ADS, or an on-demand autonomous
1109 vehicle network, or otherwise enact or keep in force a rule or ordinance that would impose a
1110 tax, fee, performance standard, or other requirement specific to the operation of a vehicle
1111 equipped with a driving automation system, an ADS, or an on-demand autonomous vehicle
1112 network in addition to the requirements of this title.
1113 Section 16. Section 53-3-102 is amended to read:
1114 53-3-102. Definitions.
1115 As used in this chapter:
1116 (1) "Autocycle" means a motor vehicle that:
1117 (a) is designed to travel with three or fewer wheels in contact with the ground;
1118 (b) is equipped with a steering wheel; and
1119 (c) is equipped with seating that does not require the operator to straddle or sit astride
1120 the vehicle.
1121 (2) "Cancellation" means the termination by the division of a license issued through
1122 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
1123 (3) "Class D license" means the class of license issued to drive motor vehicles not
1124 defined as commercial motor vehicles or motorcycles under this chapter.
1125 (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
1127 (a) issued under Section 53-3-408; or
1128 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
1129 contained in 49 C.F.R. Part 383.
1130 (5) "Commercial driver license" or "CDL" means a license:
1131 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
1132 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
1133 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
1134 commercial motor vehicle; and
1135 (b) that was obtained by providing evidence of lawful presence in the United States
1136 with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
1137 (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
1138 driving record that:
1139 (i) applies to a person who holds or is required to hold a commercial driver instruction
1140 permit or a CDL license; and
1141 (ii) contains the following:
1142 (A) information contained in the driver history, including convictions, pleas held in
1143 abeyance, disqualifications, and other licensing actions for violations of any state or local law
1144 relating to motor vehicle traffic control, committed in any type of vehicle;
1145 (B) driver self-certification status information under Section 53-3-410.1; and
1146 (C) information from medical certification record keeping in accordance with 49
1147 C.F.R. Sec. 383.73(o).
1148 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
1149 motor vehicle record described in Subsection [
1150 (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
1151 vehicles designed or used to transport passengers or property if the motor vehicle:
1152 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
1153 determined by federal regulation;
1154 (ii) is designed to transport 16 or more passengers, including the driver; or
1155 (iii) is transporting hazardous materials and is required to be placarded in accordance
1156 with 49 C.F.R. Part 172, Subpart F.
1157 (b) The following vehicles are not considered a commercial motor vehicle for purposes
1158 of Part 4, Uniform Commercial Driver License Act:
1159 (i) equipment owned and operated by the United States Department of Defense when
1160 driven by any active duty military personnel and members of the reserves and national guard on
1161 active duty including personnel on full-time national guard duty, personnel on part-time
1162 training, and national guard military technicians and civilians who are required to wear military
1163 uniforms and are subject to the code of military justice;
1164 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
1165 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
1166 as a motor carrier for hire;
1167 (iii) firefighting and emergency vehicles;
1168 (iv) recreational vehicles that are not used in commerce and are driven solely as family
1169 or personal conveyances for recreational purposes; and
1170 (v) vehicles used to provide transportation network services, as defined in Section
1172 (8) "Conviction" means any of the following:
1173 (a) an unvacated adjudication of guilt or a determination that a person has violated or
1174 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
1175 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
1176 appearance in court;
1177 (c) a plea of guilty or nolo contendere accepted by the court;
1178 (d) the payment of a fine or court costs; or
1179 (e) violation of a condition of release without bail, regardless of whether the penalty is
1180 rebated, suspended, or probated.
1181 (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
1182 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
1183 do not apply.
1184 (10) "Director" means the division director appointed under Section 53-3-103.
1185 (11) "Disqualification" means either:
1186 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
1187 of a person's privileges to drive a commercial motor vehicle;
1188 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
1189 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
1190 391; or
1191 (c) the loss of qualification that automatically follows conviction of an offense listed in
1192 49 C.F.R. Part 383.51.
1193 (12) "Division" means the Driver License Division of the department created in
1194 Section 53-3-103.
1195 (13) "Downgrade" means to obtain a lower license class than what was originally
1196 issued during an existing license cycle.
1197 (14) "Drive" means:
1198 (a) to operate or be in physical control of a motor vehicle upon a highway; and
1199 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
1200 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
1201 the state.
1202 (15) (a) "Driver" means [
1203 control of a motor vehicle in any location open to the general public for purposes of vehicular
1205 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
1206 who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
1207 federal law.
1208 (16) "Driving privilege card" means the evidence of the privilege granted and issued
1209 under this chapter to drive a motor vehicle to a person whose privilege was obtained without
1210 providing evidence of lawful presence in the United States.
1211 (17) "Extension" means a renewal completed in a manner specified by the division.
1212 (18) "Farm tractor" means every motor vehicle designed and used primarily as a farm
1213 implement for drawing plows, mowing machines, and other implements of husbandry.
1214 (19) "Highway" means the entire width between property lines of every way or place of
1215 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
1216 (20) "Human driver" means the same as that term is defined in Section 41-26-102.1.
1218 Act, to a person for identification purposes.
1220 guideline issued annually by the U.S. Department of Health and Human Services in the Federal
1224 this chapter to drive a motor vehicle.
1225 (b) "License certificate" evidence includes a:
1226 (i) regular license certificate;
1227 (ii) limited-term license certificate;
1228 (iii) driving privilege card;
1229 (iv) CDL license certificate;
1230 (v) limited-term CDL license certificate;
1231 (vi) temporary regular license certificate; and
1232 (vii) temporary limited-term license certificate.
1235 (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
1236 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
1237 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
1238 commercial motor vehicle; and
1239 (b) that was obtained by providing evidence of lawful presence in the United States
1240 with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
1242 this chapter to a person whose card was obtained by providing evidence of lawful presence in
1243 the United States with one of the document requirements described in Subsection
1246 granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
1247 obtained providing evidence of lawful presence in the United States with one of the document
1248 requirements described in Subsection 53-3-205(8)(a)(ii)(B).
1256 (28) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
1257 (29) "Motor vehicle record" or "MVR" means a driving record under Subsection
1259 (30) "Motorboat" means the same as that term is defined in Section 73-18-2.
1260 (31) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
1261 saddle for the use of the rider and designed to travel with not more than three wheels in contact
1262 with the ground.
1264 created in Section 62A-11-102.
1265 (33) "Operate" means the same as that term is defined in Section 41-1a-102.
1267 the property or title to a vehicle.
1268 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
1269 a security interest in another person but excludes a lessee under a lease not intended as security.
1271 (i) designed to transport 15 or fewer passengers, including the driver; and
1272 (ii) operated to transport an employee of the person that hires the motor vehicle.
1273 (b) "Private passenger carrier" does not include:
1274 (i) a taxicab;
1275 (ii) a motor vehicle driven by a transportation network driver as defined in Section
1277 (iii) a motor vehicle driven for transportation network services as defined in Section
1278 13-51-102; and
1279 (iv) a motor vehicle driven for a transportation network company as defined in Section
1280 13-51-102 and registered with the Division of Consumer Protection as described in Section
1283 chapter to a person whose card was obtained by providing evidence of lawful presence in the
1284 United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
1286 under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
1287 of lawful presence in the United States with one of the document requirements described in
1288 Subsection 53-3-205(8)(a)(ii)(A).
1292 division as determined by the division and includes those offenses against which points are
1293 assessed under Section 53-3-221.
1295 (i) has established a domicile in this state, as defined in Section 41-1a-202, or
1296 regardless of domicile, remains in this state for an aggregate period of six months or more
1297 during any calendar year;
1298 (ii) engages in a trade, profession, or occupation in this state, or who accepts
1299 employment in other than seasonal work in this state, and who does not commute into the state;
1300 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
1301 license certificate or motor vehicle registration; or
1302 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
1303 to nonresidents, including going to school, or placing children in school without paying
1304 nonresident tuition or fees.
1305 (b) "Resident" does not include any of the following:
1306 (i) a member of the military, temporarily stationed in this state;
1307 (ii) an out-of-state student, as classified by an institution of higher education,
1308 regardless of whether the student engages in any type of employment in this state;
1309 (iii) a person domiciled in another state or country, who is temporarily assigned in this
1310 state, assigned by or representing an employer, religious or private organization, or a
1311 governmental entity; or
1312 (iv) an immediate family member who resides with or a household member of a person
1313 listed in Subsections [
1315 privilege to drive a motor vehicle.
1317 pre-primary, primary, or secondary school students to and from home and school, or to and
1318 from school sponsored events.
1319 (b) "School bus" does not include a bus used as a common carrier as defined in Section
1322 licensee's privilege to drive a motor vehicle.
1324 passengers for hire and that is subject to state or federal regulation as a taxi.
1325 Section 17. Section 53-3-104 is amended to read:
1326 53-3-104. Division duties.
1327 The division shall:
1328 (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1329 make rules:
1330 (a) for examining applicants for a license, as necessary for the safety and welfare of the
1331 traveling public;
1332 (b) for acceptable documentation of an applicant's identity, Social Security number,
1333 Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
1334 United States, honorable or general discharge from the United States military, and other proof
1335 or documentation required under this chapter;
1336 (c) regarding the restrictions to be imposed on [
1337 vehicle with a temporary learner permit or learner permit;
1338 (d) for exemptions from licensing requirements as authorized in this chapter;
1339 (e) establishing procedures for the storage and maintenance of applicant information
1340 provided in accordance with Section 53-3-205, 53-3-410, or 53-3-804; and
1341 (f) to provide educational information to each applicant for a license, which
1342 information shall be based on data provided by the Division of Air Quality, including:
1343 (i) ways drivers can improve air quality; and
1344 (ii) the harmful effects of vehicle emissions;
1345 (2) examine each applicant according to the class of license applied for;
1346 (3) license motor vehicle drivers;
1347 (4) file every application for a license received by [
1348 indices containing:
1349 (a) all applications denied and the reason each was denied;
1350 (b) all applications granted; and
1351 (c) the name of every licensee whose license has been suspended, disqualified, or
1352 revoked by the division and the reasons for the action;
1353 (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
1354 this chapter;
1355 (6) file all accident reports and abstracts of court records of convictions received by [
1356 the division under state law;
1357 (7) maintain a record of each licensee showing the licensee's convictions and the traffic
1358 accidents in which the licensee has been involved where a conviction has resulted;
1359 (8) consider the record of a licensee upon an application for renewal of a license and at
1360 other appropriate times;
1361 (9) search the license files, compile, and furnish a report on the driving record of any
1363 (10) develop and implement a record system as required by Section 41-6a-604;
1364 (11) in accordance with Section 53G-10-507, establish:
1365 (a) procedures and standards to certify teachers of driver education classes to
1366 administer knowledge and skills tests;
1367 (b) minimal standards for the tests; and
1368 (c) procedures to enable school districts to administer or process any tests for students
1369 to receive a class D operator's license;
1370 (12) in accordance with Section 53-3-510, establish:
1371 (a) procedures and standards to certify licensed instructors of commercial driver
1372 training school courses to administer the skills test;
1373 (b) minimal standards for the test; and
1374 (c) procedures to enable licensed commercial driver training schools to administer or
1375 process skills tests for students to receive a class D operator's license;
1376 (13) provide administrative support to the Driver License Medical Advisory Board
1377 created in Section 53-3-303;
1378 (14) upon request by the lieutenant governor, provide the lieutenant governor with a
1379 digital copy of the driver license or identification card signature of [
1380 who is an applicant for voter registration under Section 20A-2-206; and
1381 (15) in accordance with Section 53-3-407.1, establish:
1382 (a) procedures and standards to license a commercial driver license third party tester or
1383 commercial driver license third party examiner to administer the commercial driver license
1384 skills tests;
1385 (b) minimum standards for the commercial driver license skills test; and
1386 (c) procedures to enable a licensed commercial driver license third party tester or
1387 commercial driver license third party examiner to administer a commercial driver license skills
1388 test for an applicant to receive a commercial driver license.
1389 Section 18. Section 53-3-202 is amended to read:
1390 53-3-202. Drivers must be licensed -- Violation.
1391 (1) A [
1392 highway in this state unless the [
1393 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
1394 division under this chapter;
1395 (b) driving an official United States Government class D motor vehicle with a valid
1396 United States Government driver permit or license for that type of vehicle;
1397 (c) (i) driving a road roller, road machinery, or any farm tractor or implement of
1398 husbandry temporarily drawn, moved, or propelled on the highways; and
1399 (ii) driving the vehicle described in Subsection (1)(c)(i) in conjunction with a
1400 construction or agricultural activity;
1401 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
1402 has in the nonresident's immediate possession a valid license certificate issued to the
1403 nonresident in the nonresident's home state or country and is driving in the class or classes
1404 identified on the home state license certificate, except those persons referred to in Part 6,
1405 Drivers' License Compact, of this chapter;
1406 (e) a nonresident who is at least 18 years of age and who has in the nonresident's
1407 immediate possession a valid license certificate issued to the nonresident in the nonresident's
1408 home state or country if driving in the class or classes identified on the home state license
1409 certificate, except those persons referred to in Part 6, Drivers' License Compact, of this chapter;
1410 (f) driving under a learner permit in accordance with Section 53-3-210.5;
1411 (g) driving with a temporary license certificate issued in accordance with Section
1412 53-3-207; or
1413 (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
1417 (2) A human driver may not drive a motor vehicle or perform lateral or longitudinal
1418 vehicle motion control for a vehicle being towed by another motor vehicle upon a highway
1419 unless the human driver:
1420 (a) [
1421 drive a motor vehicle of the type or class of motor vehicle being towed; or
1422 (b) is exempted under either Subsection (1)(b) or (1)(c).
1423 (3) (a) A [
1424 highway of this state unless the person has a valid class D driver license issued by the division .
1425 (b) A [
1426 carrier on a highway of this state unless the [
1427 (i) a taxicab endorsement issued by the division on the [
1428 license certificate; or
1429 (ii) a commercial driver license with:
1430 (A) a taxicab endorsement;
1431 (B) a passenger endorsement; or
1432 (C) a school bus endorsement.
1433 (c) Nothing in Subsection (3)(b) is intended to exempt a [
1434 a motor vehicle as a private passenger carrier from regulation under other statutory and
1435 regulatory schemes, including:
1436 (i) 49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;
1437 (ii) Title 34, Chapter 36, Transportation of Workers, and rules adopted by the Labor
1438 Commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1440 (iii) Title 72, Chapter 9, Motor Carrier Safety Act, and rules adopted by the Motor
1441 Carrier Division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1443 (4) (a) Except as provided in Subsections (4)(b), (c), (d), and (e), a [
1444 driver may not operate:
1445 (i) a motorcycle unless the [
1446 a motorcycle endorsement issued under this chapter;
1447 (ii) a street legal all-terrain vehicle unless the [
1448 driver license; or
1449 (iii) a motor-driven cycle unless the [
1450 license and a motorcycle endorsement issued under this chapter.
1451 (b) A [
1452 required to have a motorcycle endorsement issued under this chapter.
1453 (c) [
1454 Section 41-6a-102, is not required to have a valid class D driver license or a motorcycle
1455 endorsement issued under this chapter.
1456 (d) [
1457 person is:
1458 (i) operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance
1459 with Section 41-6a-1115; or
1460 (ii) operating an electric personal assistive mobility device, as defined in Section
1461 41-6a-102, in accordance with Section 41-6a-1116.
1462 (e) A [
1463 motorcycle endorsement issued under this chapter.
1464 (5) An automated driving system as defined in Section 41-26-102.1 is not required to
1465 have a driver license.
1467 Section 19. Repealer.
1468 This bill repeals:
1469 Section 41-26-102, Autonomous motor vehicle study.