1     
TRAFFIC CODE MODIFICATIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: Daniel W. Thatcher

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7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the safe operation of a vehicle.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to the safe operation of a vehicle to leave the roadway if a
13     collision occurs;
14          ▸     amends provisions related to safe operation of a vehicle, speed, and surrounding
15     circumstances; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-6a-401, as last amended by Laws of Utah 2018, Chapter 272
24          41-6a-601, as last amended by Laws of Utah 2016, Chapter 303
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 41-6a-401 is amended to read:
28          41-6a-401. Accident involving property damage -- Duties of operator, occupant,
29     and owner -- Exchange of information -- Notification of law enforcement -- Penalties.

30          (1) As used in this section:
31          (a) "Knowledge" or "with knowledge" means, with respect to an individual's own
32     conduct or to circumstances surrounding an individual's conduct, that the individual is aware of
33     the nature of the conduct or the existing circumstances.
34          (b) "Reason to believe" means information from which a reasonable person would
35     believe that the person may have been involved in an accident.
36          (2) (a) The operator of a vehicle with knowledge that the operator was involved in, or
37     who has reason to believe that the operator may have been involved in, an accident resulting
38     only in damage to another vehicle or other property:
39          (i) may move the vehicle as soon as possible:
40          (A) out of the travel lanes on any roadway to an adjacent shoulder, the nearest suitable
41     cross street, or other suitable location that does not obstruct traffic; or
42          (B) off the [roadway or] freeway main lines, shoulders, medians, or adjacent areas to
43     the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross
44     street, or other suitable location that does not obstruct traffic; and
45          (ii) shall remain at the scene of the accident or the location described in Subsection
46     (2)(a)(i) until the operator has fulfilled the requirements of this section.
47          (b) Moving a vehicle as required under Subsection (2)(a)(i) does not affect the
48     determination of fault for an accident.
49          (c) If the operator has knowledge that the operator was involved in, or reason to believe
50     that the operator may have been involved in, an accident resulting in damage to another vehicle
51     or other property only after leaving the scene of the accident, the operator shall immediately
52     comply as nearly as possible with the requirements of this section.
53          (3) Except as provided under Subsection (6), if the vehicle or other property is
54     operated, occupied, or attended by any person or if the owner of the vehicle or property is
55     present, the operator of the vehicle involved in the accident shall:
56          (a) give to the persons involved:
57          (i) the operator's name, address, and the registration number of the vehicle being

58     operated; and
59          (ii) the name of the insurance provider covering the vehicle being operated including
60     the phone number of the agent or provider; and
61          (b) upon request and if available, exhibit the operator's license to:
62          (i) any investigating peace officer present;
63          (ii) the operator, occupant of, or person attending the vehicle or other property
64     damaged in the accident; and
65          (iii) the owner of property damaged in the accident, if present.
66          (4) The operator of a vehicle involved in an accident shall immediately and by the
67     quickest means of communication available give notice or cause to give notice of the accident
68     to the nearest office of a law enforcement agency if the accident resulted in property damage to
69     an apparent extent of [$1,500] $2,500 or more.
70          (5) Except as provided under Subsection (6), if the vehicle or other property damaged
71     in the accident is unattended, the operator of the vehicle involved in the accident shall:
72          (a) locate and notify the operator or owner of the vehicle or the owner of other property
73     damaged in the accident of the operator's name, address, and the registration number of the
74     vehicle causing the damage; or
75          (b) attach securely in a conspicuous place on the vehicle or other property a written
76     notice giving the operator's name, address, and the registration number of the vehicle causing
77     the damage.
78          (6) The operator of a vehicle that provides the information required under this section
79     to an investigating peace officer at the scene of the accident is exempt from providing the
80     information to other persons required under this section.
81          (7) (a) An operator of a vehicle that has reason to believe that the operator may have
82     been involved in an accident and fails to comply with the provisions of this section is guilty of
83     a class C misdemeanor.
84          (b) An operator of a vehicle that has knowledge that the operator was involved in an
85     accident and fails to comply with the provisions of this section is guilty of a class B

86     misdemeanor.
87          Section 2. Section 41-6a-601 is amended to read:
88          41-6a-601. Speed regulations -- Safe and appropriate speeds at certain locations
89     -- Prima facie speed limits -- Emergency power of the governor.
90          (1) A person may not operate a vehicle at a speed greater than is reasonable and
91     prudent under the existing conditions, giving regard to the actual and potential hazards then
92     existing, including when:
93          (a) approaching and crossing an intersection or railroad grade crossing;
94          (b) approaching and going around a curve;
95          (c) approaching a hill crest;
96          (d) traveling upon any narrow or winding roadway; [and]
97          (e) traveling in, through, or approaching other hazards that exist due to pedestrians,
98     other traffic, weather, or highway conditions[.]; and
99          (f) the speed causes the person to fail to maintain control of the vehicle or stay within a
100     single lane of travel.
101          (2) Subject to Subsections (1) and (4) and Sections 41-6a-602 and 41-6a-603, the
102     following speeds are lawful:
103          (a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303;
104          (b) 25 miles per hour in any urban district; and
105          (c) 55 miles per hour in other locations.
106          (3) Except as provided in Section 41-6a-604, any speed in excess of the limits provided
107     in this section or established under Sections 41-6a-602 and 41-6a-603 is prima facie evidence
108     that the speed is not reasonable or prudent and that it is unlawful.
109          (4) A violation of Subsection (1) is an infraction.
110          (5) The governor by proclamation in time of war or emergency may change the speed
111     limits on the highways of the state.