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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:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
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-209, as last amended by Laws of Utah 2005, Chapter 47
34 41-1a-213, as last amended by Laws of Utah 2017, Chapter 119
35 41-1a-1503, as enacted by Laws of Utah 2013, Chapter 189
36 41-6a-102, as last amended by Laws of Utah 2018, Chapters 166 and 205
37 41-6a-1641, as last amended by Laws of Utah 2015, Chapter 412
38 53-3-102, as last amended by Laws of Utah 2017, Chapter 297
39 53-3-104, as last amended by Laws of Utah 2018, Chapters 233 and 415
40 53-3-202, as last amended by Laws of Utah 2017, Chapter 297
41 ENACTS:
42 41-26-102.1, Utah Code Annotated 1953
43 41-26-103, Utah Code Annotated 1953
44 41-26-104, Utah Code Annotated 1953
45 41-26-105, Utah Code Annotated 1953
46 41-26-106, Utah Code Annotated 1953
47 41-26-107, Utah Code Annotated 1953
48 41-26-108, Utah Code Annotated 1953
49 41-26-109, Utah Code Annotated 1953
50 REPEALS:
51 41-26-102, as enacted by Laws of Utah 2016, Chapter 212
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 13-51-102 is amended to read:
55 13-51-102. Definitions.
56 (1) "Division" means the Division of Consumer Protection within the Department of
57 Commerce.
58 (2) "Prearranged ride" means a period of time that:
59 (a) begins when the transportation network driver has accepted a passenger's request
60 for a ride through the transportation network company's software application; and
61 (b) ends when the passenger exits the transportation network driver's vehicle.
62 (3) "Software application" means an Internet-connected software platform, including a
63 mobile application, that a transportation network company uses to:
64 (a) connect a transportation network driver to a passenger; and
65 (b) process passenger requests.
66 (4) "Transportation network company" means an entity that:
67 (a) uses a software application to connect a passenger to a transportation network
68 driver providing transportation network services;
69 (b) is not:
70 (i) a taxicab, as defined in Section 53-3-102; or
71 (ii) a motor carrier, as defined in Section 72-9-102; and
72 (c) except in certain cases involving a motor vehicle with a level four or five automated
73 driving system, as defined in Section 41-26-102.1, does not own, control, operate, or manage
74 the vehicle used to provide the transportation network services.
75 (5) "Transportation network driver" means [
76 (a) an individual who:
77 [
78 connection to a potential passenger from the transportation network company;
79 [
80 [
81 [
82 [
83 exceeds the individual's cost to provide the ride[
84 (b) a level four or five automated driving system, as defined in Section 41-26-102.1,
85 when the automated driving system is operating the vehicle and used to provide a passenger a
86 ride in exchange for compensation.
87 (6) "Transportation network services" means, for a transportation network driver
88 providing services through a transportation network company:
89 (a) providing a prearranged ride; or
90 (b) being engaged in a waiting period.
91 (7) "Waiting period" means a period of time when:
92 (a) a transportation network driver is logged into a transportation network company's
93 software application; and
94 (b) the transportation network driver is not engaged in a prearranged ride.
95 Section 2. Section 13-51-103 is amended to read:
96 13-51-103. Exemptions -- Transportation network company and transportation
97 network driver.
98 (1) A transportation network company or a transportation network driver is not subject
99 to the requirements applicable to:
100 (a) a motor carrier, under Title 72, Chapter 9, Motor Carrier Safety Act;
101 (b) a common carrier, under Title 59, Chapter 12, Sales and Use Tax Act; or
102 (c) a taxicab, under Title 53, Chapter 3, Uniform Driver License Act.
103 (2) A transportation network driver is:
104 (a) (i) an independent contractor of a transportation network company; and
105 [
106 (b) for a motor vehicle with a level four or five automated driving system as defined in
107 Section 41-26-102.1, in driverless operation, an automated driving system if dispatched:
108 (i) at the direction of, on behalf of, or as an agent of a transportation network company;
109 or
110 (ii) at the direction of, on behalf of, or as an agent of a third party pursuant to an
111 agreement between the third party and a transportation network company, operated on behalf of
112 and as an agent of the transportation network company.
113 Section 3. Section 41-1a-102 is amended to read:
114 41-1a-102. Definitions.
115 As used in this chapter:
116 (1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
117 (2) "Actual weight" means the actual unladen weight of a vehicle or combination of
118 vehicles as operated and certified to by a weighmaster.
119 (3) "All-terrain type I vehicle" means the same as that term is defined in Section
120 41-22-2.
121 (4) "All-terrain type II vehicle" means the same as that term is defined in Section
122 41-22-2.
123 (5) "All-terrain type III vehicle" means the same as that term is defined in Section
124 41-22-2.
125 (6) "Alternative fuel vehicle" means:
126 (a) an electric motor vehicle;
127 (b) a hybrid electric motor vehicle;
128 (c) a plug-in hybrid electric motor vehicle; or
129 (d) a motor vehicle powered by a fuel other than:
130 (i) motor fuel;
131 (ii) diesel fuel;
132 (iii) natural gas; or
133 (iv) propane.
134 (7) "Amateur radio operator" means any person licensed by the Federal
135 Communications Commission to engage in private and experimental two-way radio operation
136 on the amateur band radio frequencies.
137 (8) "Autocycle" means the same as that term is defined in Section 53-3-102.
138 (9) "Automated driving system" means the same as that term is defined in Section
139 41-26-102.1.
140 [
141 (a) rebuilt and restored to operation;
142 (b) flooded and restored to operation; or
143 (c) not restored to operation.
144 [
145 be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a
146 mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for
147 camping.
148 [
149 a record of ownership between an identified owner and the described vehicle, vessel, or
150 outboard motor.
151 [
152 a weighmaster.
153 [
154 maintained for the transportation of persons or property that operates:
155 (a) as a carrier for hire, compensation, or profit; or
156 (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the
157 owner's commercial enterprise.
158 [
159 [
160 59-13-102.
161 [
162 buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright
163 or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an
164 established place of business for the sale, lease, trade, or display of vehicles, vessels, or
165 outboard motors.
166 [
167 [
168 Section 41-1a-106.
169 (20) "Dynamic driving task" means the same as that term is defined in Section
170 41-26-102.1.
171 [
172 electric motor drawing current from a rechargeable energy storage system.
173 [
174 required to be registered in this state, the removal, alteration, or substitution of which would
175 tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or
176 mode of operation.
177 [
178 farm implement for drawing plows, mowing machines, and other implements of husbandry.
179 [
180 solely for the owner's or operator's own use in the transportation of:
181 (i) farm products, including livestock and its products, poultry and its products,
182 floricultural and horticultural products;
183 (ii) farm supplies, including tile, fence, and every other thing or commodity used in
184 agricultural, floricultural, horticultural, livestock, and poultry production; and
185 (iii) livestock, poultry, and other animals and things used for breeding, feeding, or
186 other purposes connected with the operation of a farm.
187 (b) "Farm truck" does not include the operation of trucks by commercial processors of
188 agricultural products.
189 [
190 [
191 brought into this state from another state, territory, or country other than in the ordinary course
192 of business by or through a manufacturer or dealer, and not registered in this state.
193 [
194 of vehicles, equipped for operation, to which shall be added the maximum load to be carried.
195 [
196 every way or place of whatever nature when any part of it is open to the public, as a matter of
197 right, for purposes of vehicular traffic.
198 [
199 propulsion energy from onboard sources of stored energy that are both:
200 (a) an internal combustion engine or heat engine using consumable fuel; and
201 (b) a rechargeable energy storage system where energy for the storage system comes
202 solely from sources onboard the vehicle.
203 [
204 manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard
205 motor.
206 (b) "Identification number" includes a vehicle identification number, state assigned
207 identification number, hull identification number, and motor serial number.
208 [
209 used exclusively for an agricultural operation and only incidentally operated or moved upon the
210 highways.
211 [
212 during the preceding year by fleet power units.
213 (b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the
214 total number of miles that those vehicles were towed on Utah highways during the preceding
215 year.
216 [
217 one state, province, territory, or possession of the United States or foreign country.
218 [
219 territory, or possession of the United States or any foreign country.
220 [
221 [
222 constructed on or after June 15, 1976, according to the Federal Home Construction and Safety
223 Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is
224 eight body feet or more in width or 40 body feet or more in length, or when erected on site, is
225 400 or more square feet, and which is built on a permanent chassis and designed to be used as a
226 dwelling with or without a permanent foundation when connected to the required utilities, and
227 includes the plumbing, heating, air-conditioning, and electrical systems.
228 [
229 manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
230 outboard motors for the purpose of sale or trade.
231 [
232 to June 15, 1976, in accordance with a state mobile home code which existed prior to the
233 Federal Manufactured Housing and Safety Standards Act (HUD Code).
234 [
235 [
236 use and operation on the highways.
237 (b) "Motor vehicle" does not include an off-highway vehicle.
238 [
239 [
240 (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not
241 more than three wheels in contact with the ground; or
242 (b) an autocycle.
243 [
244 [
245 defined by Section 41-1a-202, and who does not engage in intrastate business within this state
246 and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.
247 (b) A person who engages in intrastate business within this state and operates in that
248 business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in
249 interstate commerce, maintains any vehicle in this state as the home station of that vehicle is
250 considered a resident of this state, insofar as that vehicle is concerned in administering this
251 chapter.
252 [
253 a vehicle travels while in operation, but does not include any auxiliary odometer designed to be
254 periodically reset.
255 [
256 defined in Section 41-22-2.
257 [
258 41-22-2.
259 [
260
261 (i) to navigate a vessel[
262 (ii) collectively, the activities performed in order to perform the entire dynamic driving
263 task for a given motor vehicle by:
264 (A) a human driver as defined in Section 41-26-102.1; or
265 (B) an engaged automated driving system.
266 (b) "Operate" includes testing of an automated driving system.
267 [
268 excluding fuel supply, used to propel a vessel.
269 [
270 vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
271 subject to a security interest.
272 (b) If a vehicle is the subject of an agreement for the conditional sale or installment
273 sale or mortgage of the vehicle with the right of purchase upon performance of the conditions
274 stated in the agreement and with an immediate right of possession vested in the conditional
275 vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the
276 conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this
277 chapter.
278 (c) If a vehicle is the subject of an agreement to lease, the lessor is considered the
279 owner until the lessee exercises the lessee's option to purchase the vehicle.
280 [
281 (a) is designed and marketed as temporary living quarters for recreational, camping,
282 travel, or seasonal use;
283 (b) is not permanently affixed to real property for use as a permanent dwelling;
284 (c) requires a special highway movement permit for transit; and
285 (d) is built on a single chassis mounted on wheels with a gross trailer area not
286 exceeding 400 square feet in the setup mode.
287 [
288 combination of letters, numbers, or both as requested by the owner of the vehicle and assigned
289 to the vehicle by the division.
290 [
291 manufactured, remanufactured, or materially altered to provide an open cargo area.
292 (b) "Pickup truck" includes motor vehicles with the open cargo area covered with a
293 camper, camper shell, tarp, removable top, or similar structure.
294 [
295 vehicle that has the capability to charge the battery or batteries used for vehicle propulsion
296 from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the
297 vehicle while the vehicle is in motion.
298 [
299 support the load.
300 [
301 division that is within 16 months immediately preceding the commencement of the registration
302 or license year in which proportional registration is sought. The division in fixing the period
303 shall conform it to the terms, conditions, and requirements of any applicable agreement or
304 arrangement for the proportional registration of vehicles.
305 [
306 vessels are kept and stored and where a charge is made for the storage and keeping of vehicles
307 and vessels.
308 [
309 surrender of ownership documents described in Section 41-1a-503.
310 [
311 registered in this state that is materially altered from its original construction by the removal,
312 addition, or substitution of essential parts, new or used.
313 [
314 13-14-102.
315 [
316 operation of a vehicle or vessel on the highways or waters of this state for the time period for
317 which the registration is valid and that is evidence of compliance with the registration
318 requirements of the jurisdiction.
319 [
320 with the completion of all applicable registration criteria.
321 (b) For administration of a multistate agreement for proportional registration the
322 division may prescribe a different 12-month period.
323 [
324 outboard motors to a sound working condition by substituting any inoperative part of the
325 vehicle, vessel, or outboard motor, or by correcting the inoperative part.
326 [
327 (a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
328 (b) a custom vehicle that meets the requirements under Subsection
329 41-6a-1507(1)(a)(i)(B).
330 [
331 other vehicles and constructed so it does not carry any load either independently or any part of
332 the weight of a vehicle or load that is drawn.
333 [
334 [
335 agreement to secure the payment or performance of an obligation and that is valid against third
336 parties.
337 [
338 carrying persons or property and for being drawn by a motor vehicle and constructed so that
339 some part of its weight and its load rests or is carried by another vehicle.
340 [
341 particular group of people or a license plate authorized and issued by the division in accordance
342 with Section 41-1a-418.
343 [
344 transportation purposes and that is:
345 (i) 20 years or older from the current year; or
346 (ii) a make or model of motor vehicle recognized by the division director as having
347 unique interest or historic value.
348 (b) In making a determination under Subsection [
349 shall give special consideration to:
350 (i) a make of motor vehicle that is no longer manufactured;
351 (ii) a make or model of motor vehicle produced in limited or token quantities;
352 (iii) a make or model of motor vehicle produced as an experimental vehicle or one
353 designed exclusively for educational purposes or museum display; or
354 (iv) a motor vehicle of any age or make that has not been substantially altered or
355 modified from original specifications of the manufacturer and because of its significance is
356 being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a
357 leisure pursuit.
358 [
359 (i) not designed or used primarily for the transportation of persons or property;
360 (ii) not designed to operate in traffic; and
361 (iii) only incidentally operated or moved over the highways.
362 (b) "Special mobile equipment" includes:
363 (i) farm tractors;
364 (ii) off-road motorized construction or maintenance equipment including backhoes,
365 bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
366 (iii) ditch-digging apparatus.
367 (c) "Special mobile equipment" does not include a commercial vehicle as defined
368 under Section 72-9-102.
369 [
370 registered in this state, not originally constructed under a distinctive name, make, model, or
371 type by a generally recognized manufacturer of vehicles, and not materially altered from its
372 original construction.
373 [
374 motor.
375 [
376 jurisdictions during the preceding year by power units.
377 (b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means
378 the number of miles that those vehicles were towed on the highways of all jurisdictions during
379 the preceding year.
380 [
381 persons or property and for being drawn by a motor vehicle and constructed so that no part of
382 its weight rests upon the towing vehicle.
383 [
384 conveyed by sale, gift, or any other means except by the creation of a security interest.
385 [
386 property by sale, gift, or any other means except by creation of a security interest.
387 [
388 vehicle without motive power, designed as a temporary dwelling for travel, recreational, or
389 vacation use that does not require a special highway movement permit when drawn by a
390 self-propelled motor vehicle.
391 [
392 drawing other vehicles and not constructed to carry a load other than a part of the weight of the
393 vehicle and load that is drawn.
394 [
395 camper, park model recreational vehicle, manufactured home, and mobile home.
396 [
397 [
398 41-21-1.
399 [
400 73-18-2.
401 [
402 permitted to weigh vehicles under this chapter.
403 Section 4. Section 41-1a-201 is amended to read:
404 41-1a-201. Function of registration -- Registration required -- Penalty.
405 (1) For purposes of this section, "automated driving system" means the same as that
406 term is defined in Section 41-26-102.1.
407 [
408 an owner may not engage an automated driving system, give another person permission to
409 engage an automated driving system, or give another person permission to operate a motor
410 vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle,
411 vessel, or park model recreational vehicle in this state unless it has been registered in
412 accordance with this chapter, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter
413 18, State Boating Act.
414 [
415 Section 5. Section 41-1a-202 is amended to read:
416 41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of
417 vehicles after establishing residency.
418 (1) In this section:
419 (a) "Domicile" means the place:
420 (i) where an individual has a fixed permanent home and principal establishment;
421 (ii) to which the individual if absent, intends to return; and
422 (iii) in which the individual and his family voluntarily reside, not for a special or
423 temporary purpose, but with the intention of making a permanent home.
424 (b) (i) "Resident" means any of the following:
425 (A) an individual who:
426 (I) has established a domicile in this state;
427 (II) regardless of domicile, remains in this state for an aggregate period of six months
428 or more during any calendar year;
429 (III) engages in a trade, profession, or occupation in this state or who accepts
430 employment in other than seasonal work in this state and who does not commute into the state;
431 (IV) declares himself to be a resident of this state for the purpose of obtaining a driver
432 license or motor vehicle registration; or
433 (V) declares himself a resident of Utah to obtain privileges not ordinarily extended to
434 nonresidents, including going to school, or placing children in school without paying
435 nonresident tuition or fees; or
436 (B) any individual, partnership, limited liability company, firm, corporation,
437 association, or other entity that:
438 (I) maintains a main office, branch office, or warehouse facility in this state and that
439 bases and operates a motor vehicle in this state; or
440 (II) operates a motor vehicle in intrastate transportation for other than seasonal work.
441 (ii) "Resident" does not include any of the following:
442 (A) a member of the military temporarily stationed in Utah;
443 (B) an out-of-state student, as classified by the institution of higher education, enrolled
444 with the equivalent of seven or more quarter hours, regardless of whether the student engages
445 in a trade, profession, or occupation in this state or accepts employment in this state; and
446 (C) an individual domiciled in another state or a foreign country that:
447 (I) is engaged in public, charitable, educational, or religious services for a government
448 agency or an organization that qualifies for tax-exempt status under Internal Revenue Code
449 Section 501(c)(3);
450 (II) is not compensated for services rendered other than expense reimbursements; and
451 (III) is temporarily in Utah for a period not to exceed 24 months.
452 (iii) Notwithstanding Subsections (1)(b)(i) and (ii), "resident" includes the owner of a
453 vehicle equipped with an automated driving system as defined in Section 41-26-102.1 if the
454 vehicle is physically present in the state for more than 30 consecutive days in a calendar year.
455 (2) Registration under this chapter is not required for any:
456 (a) vehicle registered in another state and owned by a nonresident of the state or
457 operating under a temporary registration permit issued by the division or a dealer authorized by
458 this chapter, driven or moved upon a highway in conformance with the provisions of this
459 chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
460 (b) vehicle driven or moved upon a highway only for the purpose of crossing the
461 highway from one property to another;
462 (c) implement of husbandry, whether of a type otherwise subject to registration or not,
463 that is only incidentally operated or moved upon a highway;
464 (d) special mobile equipment;
465 (e) vehicle owned or leased by the federal government;
466 (f) motor vehicle not designed, used, or maintained for the transportation of passengers
467 for hire or for the transportation of property if the motor vehicle is registered in another state
468 and is owned and operated by a nonresident of this state;
469 (g) vehicle or combination of vehicles designed, used, or maintained for the
470 transportation of persons for hire or for the transportation of property if the vehicle or
471 combination of vehicles is registered in another state and is owned and operated by a
472 nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight
473 of 26,000 pounds or less;
474 (h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained
475 for hire for the transportation of property or person;
476 (i) manufactured home or mobile home;
477 (j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway
478 vehicle is:
479 (i) being towed;
480 (ii) operated on a street or highway designated as open to off-highway vehicle use; or
481 (iii) operated in the manner prescribed in Subsections 41-22-10.3(1) through (3);
482 (k) off-highway implement of husbandry operated in the manner prescribed in
483 Subsections 41-22-5.5(3) through (5);
484 (l) modular and prebuilt homes conforming to the uniform building code and presently
485 regulated by the United States Department of Housing and Urban Development that are not
486 constructed on a permanent chassis;
487 (m) electric assisted bicycle defined under Section 41-6a-102;
488 (n) motor assisted scooter defined under Section 41-6a-102; or
489 (o) electric personal assistive mobility device defined under Section 41-6a-102.
490 (3) Unless otherwise exempted under Subsection (2), registration under this chapter is
491 required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle
492 within 60 days of the owner establishing residency in this state.
493 (4) A motor vehicle that is registered under Section 41-3-306 is exempt from the
494 registration requirements of this part for the time period that the registration under Section
495 41-3-306 is valid.
496 (5) A vehicle that has been issued a nonrepairable certificate may not be registered
497 under this chapter.
498 Section 6. Section 41-1a-209 is amended to read:
499 41-1a-209. Application for registration -- Contents.
500 (1) An owner of a vehicle subject to registration under this part shall apply to the
501 division for registration on forms furnished by the division.
502 (2) The application for registration shall include:
503 (a) the signature of an owner of the vehicle to be registered;
504 (b) the name, bona fide residence and mailing address of the owner, or business
505 address of the owner if the owner is a firm, association, or corporation;
506 (c) a description of the vehicle including the make, model, type of body, the model year
507 as specified by the manufacturer, the number of cylinders, and the identification number of the
508 vehicle; [
509 (d) other information required by the division to enable it to determine whether the
510 owner is lawfully entitled to register the vehicle[
511 (e) for a vehicle equipped with an automated driving system as defined in Section
512 41-26-102.1:
513 (i) the level of the automated driving system of the vehicle as defined in Section
514 41-26-102.1; and
515 (ii) the certifications described in Section 41-26-109.
516 Section 7. Section 41-1a-213 is amended to read:
517 41-1a-213. Contents of registration cards.
518 (1) The registration card shall be delivered to the owner and shall contain:
519 (a) the date issued;
520 (b) the name of the owner;
521 (c) a description of the vehicle registered including the year, the make, the
522 identification number, and the license plate assigned to the vehicle;
523 (d) the expiration date; [
524 (e) for a vehicle equipped with an automated driving system as defined in Section
525 41-26-102.1, the level of the automated driving system; and
526 [
527 (2) If a vehicle is leased for a period in excess of 45 days, the registration shall contain:
528 (a) the owner's name; and
529 (b) the name of the lessee.
530 (3) On all vehicles registered under Subsections 41-1a-1206(1)(d) and (1)(e), the
531 registration card shall also contain the gross laden weight as given in the application for
532 registration.
533 (4) (a) Except as provided in Subsection (4)(b), a new registration card issued by the
534 commission on or after November 1, 2013, may not display the address of the owner or the
535 lessee on the registration card.
536 (b) A new registration card issued by the commission under one of the following
537 provisions shall display the address of the owner or the lessee on the registration card:
538 (i) Section 41-1a-301 for a vehicle; or
539 (ii) Section 73-18-7 for a vessel.
540 Section 8. Section 41-1a-1503 is amended to read:
541 41-1a-1503. Event data recorders -- Retrieval or disclosure of event data.
542 (1) (a) Event data that is recorded on an event data recorder:
543 (i) is private;
544 (ii) is the personal information of the motor vehicle's owner; and
545 (iii) except as provided in Subsection (2), may not be retrieved by a person who is not
546 the owner of the motor vehicle.
547 (b) If a motor vehicle is owned by more than one person, only one owner is required to
548 consent to the retrieval or use of the data from a motor vehicle event data recorder.
549 (2) Event data that is recorded on an event data recorder may be retrieved, obtained, or
550 used by a person who is not the owner of the motor vehicle in the following circumstances:
551 (a) the owner of the motor vehicle or the owner's agent has consented to the retrieval of
552 the data;
553 (b) the data is retrieved by a motor vehicle dealer, motor vehicle manufacturer, or by an
554 automotive technician to diagnose, service, or repair the motor vehicle at the request of the
555 owner or the owner's agent;
556 (c) the data is subject to discovery in a criminal prosecution or pursuant to the rules of
557 civil procedure in a claim arising out of a motor vehicle accident;
558 (d) a court or administrative agency having jurisdiction orders the data to be retrieved;
559 (e) a peace officer retrieves the data pursuant to a court order as part of an investigation
560 of a suspected violation of a law that has caused, or contributed to the cause of, an accident
561 resulting in damage of property or injury to a person; [
562 (f) to facilitate or determine the need for emergency medical care for the driver or
563 passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency,
564 including the retrieval of data from a company that provides subscription services to the owner
565 of a motor vehicle for in-vehicle safety and security communications[
566 (g) for purposes of improving motor vehicle safety, security, insurability, or traffic
567 management, including medical research on the human body's reaction to motor vehicle
568 crashes, as long as the identity of the owner, passenger, or human driver is not disclosed in
569 connection with the retrieved data.
570 (3) Except as provided in Subsection (4), a person who has retrieved, obtained, or used
571 event data under Subsection (2) may not release event data that is recorded on an event data
572 recorder.
573 (4) A person may release event data that is recorded on an event data recorder in the
574 following circumstances:
575 (a) the owner of the motor vehicle or the owner's agent has consented to the release of
576 the data;
577 (b) the data is subject to discovery in a criminal prosecution or pursuant to the rules of
578 civil procedure in a claim arising out of a motor vehicle accident;
579 (c) the data is released pursuant to a court order as part of an investigation of a
580 suspected violation of a law that has caused, or contributed to the cause of, an accident
581 resulting in damage of property or injury to a person; or
582 (d) if the identity of the owner or driver is not disclosed[
583
584
585 released for purposes of improving motor vehicle safety, security, insurability, or traffic
586 management, including medical research on the human body's reaction to a motor vehicle
587 crash.
588 (5) (a) If a motor vehicle is equipped with an event data recorder that is capable of
589 recording or transmitting event data and that capability is part of a subscription service, the fact
590 that the event data may be recorded or transmitted shall be disclosed in the subscription service
591 agreement.
592 (b) Notwithstanding the provisions of this section, event data from an event data
593 recorder may be retrieved, obtained, and used by a subscription service provider for
594 subscription services meeting the requirement of Subsection (5)(a).
595 Section 9. Section 41-6a-102 is amended to read:
596 41-6a-102. Definitions.
597 As used in this chapter:
598 (1) "Alley" means a street or highway intended to provide access to the rear or side of
599 lots or buildings in urban districts and not intended for through vehicular traffic.
600 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
601 41-22-2.
602 (3) "Authorized emergency vehicle" includes:
603 (a) fire department vehicles;
604 (b) police vehicles;
605 (c) ambulances; and
606 (d) other publicly or privately owned vehicles as designated by the commissioner of the
607 Department of Public Safety.
608 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
609 (5) (a) "Bicycle" means a wheeled vehicle:
610 (i) propelled by human power by feet or hands acting upon pedals or cranks;
611 (ii) with a seat or saddle designed for the use of the operator;
612 (iii) designed to be operated on the ground; and
613 (iv) whose wheels are not less than 14 inches in diameter.
614 (b) "Bicycle" includes an electric assisted bicycle.
615 (c) "Bicycle" does not include scooters and similar devices.
616 (6) (a) "Bus" means a motor vehicle:
617 (i) designed for carrying more than 15 passengers and used for the transportation of
618 persons; or
619 (ii) designed and used for the transportation of persons for compensation.
620 (b) "Bus" does not include a taxicab.
621 (7) (a) "Circular intersection" means an intersection that has an island, generally
622 circular in design, located in the center of the intersection where traffic passes to the right of
623 the island.
624 (b) "Circular intersection" includes:
625 (i) roundabouts;
626 (ii) rotaries; and
627 (iii) traffic circles.
628 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
629 Subsection (17)(d)(i).
630 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
631 Subsection (17)(d)(ii).
632 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
633 Subsection (17)(d)(iii).
634 (11) "Commissioner" means the commissioner of the Department of Public Safety.
635 (12) "Controlled-access highway" means a highway, street, or roadway:
636 (a) designed primarily for through traffic; and
637 (b) to or from which owners or occupants of abutting lands and other persons have no
638 legal right of access, except at points as determined by the highway authority having
639 jurisdiction over the highway, street, or roadway.
640 (13) "Crosswalk" means:
641 (a) that part of a roadway at an intersection included within the connections of the
642 lateral lines of the sidewalks on opposite sides of the highway measured from:
643 (i) (A) the curbs; or
644 (B) in the absence of curbs, from the edges of the traversable roadway; and
645 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
646 included within the extension of the lateral lines of the existing sidewalk at right angles to the
647 centerline; or
648 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
649 pedestrian crossing by lines or other markings on the surface.
650 (14) "Department" means the Department of Public Safety.
651 (15) "Direct supervision" means oversight at a distance within which:
652 (a) visual contact is maintained; and
653 (b) advice and assistance can be given and received.
654 (16) "Divided highway" means a highway divided into two or more roadways by:
655 (a) an unpaved intervening space;
656 (b) a physical barrier; or
657 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
658 (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
659 (a) has a power output of not more than 750 watts;
660 (b) has fully operable pedals on permanently affixed cranks;
661 (c) is fully operable as a bicycle without the use of the electric motor; and
662 (d) is one of the following:
663 (i) an electric assisted bicycle equipped with a motor or electronics that:
664 (A) provides assistance only when the rider is pedaling; and
665 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
666 hour;
667 (ii) an electric assisted bicycle equipped with a motor or electronics that:
668 (A) may be used exclusively to propel the bicycle; and
669 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
670 miles per hour; or
671 (iii) an electric assisted bicycle equipped with a motor or electronics that:
672 (A) provides assistance only when the rider is pedaling;
673 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
674 hour; and
675 (C) is equipped with a speedometer.
676 (18) (a) "Electric personal assistive mobility device" means a self-balancing device
677 with:
678 (i) two nontandem wheels in contact with the ground;
679 (ii) a system capable of steering and stopping the unit under typical operating
680 conditions;
681 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
682 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
683 (v) a deck design for a person to stand while operating the device.
684 (b) "Electric personal assistive mobility device" does not include a wheelchair.
685 (19) "Explosives" means any chemical compound or mechanical mixture commonly
686 used or intended for the purpose of producing an explosion and that contains any oxidizing and
687 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
688 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
689 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
690 capable of producing destructive effects on contiguous objects or of causing death or serious
691 bodily injury.
692 (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
693 implement, for drawing plows, mowing machines, and other implements of husbandry.
694 (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
695 as determined by a tagliabue or equivalent closed-cup test device.
696 (22) "Freeway" means a controlled-access highway that is part of the interstate system
697 as defined in Section 72-1-102.
698 (23) "Gore area" means the area delineated by two solid white lines that is between a
699 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
700 including similar areas between merging or splitting highways.
701 (24) "Gross weight" means the weight of a vehicle without a load plus the weight of
702 any load on the vehicle.
703 (25) "Highway" means the entire width between property lines of every way or place of
704 any nature when any part of it is open to the use of the public as a matter of right for vehicular
705 travel.
706 (26) "Highway authority" means the same as that term is defined in Section 72-1-102.
707 (27) (a) "Intersection" means the area embraced within the prolongation or connection
708 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
709 more highways which join one another.
710 (b) Where a highway includes two roadways 30 feet or more apart:
711 (i) every crossing of each roadway of the divided highway by an intersecting highway
712 is a separate intersection; and
713 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
714 every crossing of two roadways of the highways is a separate intersection.
715 (c) "Intersection" does not include the junction of an alley with a street or highway.
716 (28) "Island" means an area between traffic lanes or at an intersection for control of
717 vehicle movements or for pedestrian refuge designated by:
718 (a) pavement markings, which may include an area designated by two solid yellow
719 lines surrounding the perimeter of the area;
720 (b) channelizing devices;
721 (c) curbs;
722 (d) pavement edges; or
723 (e) other devices.
724 (29) "Law enforcement agency" means the same as that term is as defined in Section
725 53-1-102.
726 (30) "Limited access highway" means a highway:
727 (a) that is designated specifically for through traffic; and
728 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
729 persons have any right or easement, or have only a limited right or easement of access, light,
730 air, or view.
731 (31) "Local highway authority" means the legislative, executive, or governing body of
732 a county, municipal, or other local board or body having authority to enact laws relating to
733 traffic under the constitution and laws of the state.
734 (32) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
735 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
736 (ii) has a capacity of not more than four passengers, including [
737 conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in
738 Section 41-26-102.1.
739 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
740 (33) "Metal tire" means a tire, the surface of which in contact with the highway is
741 wholly or partly of metal or other hard nonresilient material.
742 (34) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
743 saddle that is less than 24 inches from the ground as measured on a level surface with properly
744 inflated tires.
745 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
746 (c) "Mini-motorcycle" does not include a motorcycle that is:
747 (i) designed for off-highway use; and
748 (ii) registered as an off-highway vehicle under Section 41-22-3.
749 (35) "Mobile home" means:
750 (a) a trailer or semitrailer that is:
751 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
752 place either permanently or temporarily; and
753 (ii) equipped for use as a conveyance on streets and highways; or
754 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
755 constructed for use as a mobile home, as defined in Subsection (35)(a), but that is instead used
756 permanently or temporarily for:
757 (i) the advertising, sale, display, or promotion of merchandise or services; or
758 (ii) any other commercial purpose except the transportation of property for hire or the
759 transportation of property for distribution by a private carrier.
760 (36) (a) "Moped" means a motor-driven cycle having:
761 (i) pedals to permit propulsion by human power; and
762 (ii) a motor that:
763 (A) produces not more than two brake horsepower; and
764 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
765 level ground.
766 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
767 centimeters and the moped shall have a power drive system that functions directly or
768 automatically without clutching or shifting by the operator after the drive system is engaged.
769 (c) "Moped" includes a motor assisted scooter.
770 (d) "Moped" does not include an electric assisted bicycle.
771 (37) (a) "Motor assisted scooter" means a self-propelled device with:
772 (i) at least two wheels in contact with the ground;
773 (ii) a braking system capable of stopping the unit under typical operating conditions;
774 (iii) a gas or electric motor not exceeding 40 cubic centimeters;
775 (iv) either:
776 (A) a deck design for a person to stand while operating the device; or
777 (B) a deck and seat designed for a person to sit, straddle, or stand while operating the
778 device; and
779 (v) a design for the ability to be propelled by human power alone.
780 (b) "Motor assisted scooter" does not include an electric assisted bicycle.
781 (38) (a) "Motor vehicle" means a vehicle that is self-propelled and every vehicle which
782 is propelled by electric power obtained from overhead trolley wires, but not operated upon
783 rails.
784 (b) "Motor vehicle" does not include vehicles moved solely by human power,
785 motorized wheelchairs, an electric personal assistive mobility device, an electric assisted
786 bicycle, or a personal delivery device, as defined in Section 41-6a-1119.
787 (39) "Motorcycle" means:
788 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
789 and designed to travel with not more than three wheels in contact with the ground; or
790 (b) an autocycle.
791 (40) (a) "Motor-driven cycle" means every motorcycle, motor scooter, moped, motor
792 assisted scooter, and every motorized bicycle having:
793 (i) an engine with less than 150 cubic centimeters displacement; or
794 (ii) a motor that produces not more than five horsepower.
795 (b) "Motor-driven cycle" does not include:
796 (i) an electric personal assistive mobility device; or
797 (ii) an electric assisted bicycle.
798 (41) "Off-highway implement of husbandry" means the same as that term is defined
799 under Section 41-22-2.
800 (42) "Off-highway vehicle" means the same as that term is defined under Section
801 41-22-2.
802 (43) "Operate" means the same as that term is defined in Section 41-1a-102.
803 [
804 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
805 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
806 vehicle.
807 [
808 is occupied or not.
809 (b) "Park" or "parking" does not include:
810 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
811 in loading or unloading property or passengers[
812 (ii) a motor vehicle with an engaged automated driving system that has achieved a
813 minimal risk condition, as those terms are defined in Section 41-26-102.1.
814 [
815 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
816 traffic laws.
817 [
818 (a) on foot; or
819 (b) in a wheelchair.
820 [
821 regulate pedestrians.
822 [
823 [
824 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
825 [
826 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
827 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
828 (b) that is ordinarily used for transporting long or irregular shaped loads including
829 poles, pipes, or structural members generally capable of sustaining themselves as beams
830 between the supporting connections.
831 [
832 and used for vehicular travel by the owner and those having express or implied permission
833 from the owner, but not by other persons.
834 [
835 stationary rails.
836 [
837 authority of a public body or official or by a railroad and intended to give notice of the presence
838 of railroad tracks or the approach of a railroad train.
839 [
840 coupled with or operated without cars, and operated upon rails.
841 [
842 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
843 of direction, speed, and proximity that give rise to danger of collision unless one grants
844 precedence to the other.
845 [
846 ordinarily used for vehicular travel.
847 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
848 them are used by persons riding bicycles or other human-powered vehicles.
849 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
850 a highway includes two or more separate roadways.
851 [
852 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
853 signs as to be plainly visible at all times while set apart as a safety zone.
854 [
855 (i) complies with the color and identification requirements of the most recent edition of
856 "Minimum Standards for School Buses"; and
857 (ii) is used to transport school children to or from school or school activities.
858 (b) "School bus" does not include a vehicle operated by a common carrier in
859 transportation of school children to or from school or school activities.
860 [
861 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
862 and
863 (ii) constructed so that some part of its weight and that of its load rests on or is carried
864 by another vehicle.
865 (b) "Semitrailer" does not include a pole trailer.
866 [
867 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
868 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
869 or
870 (b) that portion of the road contiguous to the roadway for accommodation of stopped
871 vehicles, for emergency use, and for lateral support.
872 [
873 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
874 [
875 does not depend on compressed air for the support of the load.
876 [
877 occupied or not, for the purpose of and while actually engaged in receiving or discharging
878 passengers.
879 [
880 [
881 of a vehicle, whether occupied or not, except when:
882 (a) necessary to avoid conflict with other traffic; or
883 (b) in compliance with the directions of a peace officer or traffic-control device.
884 [
885 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
886 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
887 Section 41-6a-1509.
888 [
889 conveyances either singly or together while using any highway for the purpose of travel.
890 [
891 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
892 [
893 inconsistent with this chapter placed or erected by a highway authority for the purpose of
894 regulating, warning, or guiding traffic.
895 [
896 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
897 [
898 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
899 part of its weight rests upon the towing vehicle.
900 (b) "Trailer" does not include a pole trailer.
901 [
902 the transportation of property.
903 [
904 (a) designed and used primarily for drawing other vehicles; and
905 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
906 tractor.
907 [
908 (a) provided for vehicle operators making left turns in either direction;
909 (b) that is not used for passing, overtaking, or through travel; and
910 (c) that has been indicated by a lane traffic-control device that may include lane
911 markings.
912 [
913 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
914 less than 100 feet, for a distance of a quarter of a mile or more.
915 [
916 be transported or drawn on a highway, except devices used exclusively on stationary rails or
917 tracks.
918 Section 10. Section 41-6a-1641 is amended to read:
919 41-6a-1641. Video display in motor vehicles prohibited if visible to driver --
920 Exceptions.
921 (1) A motor vehicle may not be operated on a highway if the motor vehicle is equipped
922 with a video display located so that the display is visible to the [
923 of the vehicle as that term is defined in Section 41-26-102.1.
924 (2) This section does not prohibit the use of a video display used exclusively for:
925 (a) safety or law enforcement purposes if the use is approved by rule of the department
926 under Section 41-6a-1601;
927 (b) motor vehicle navigation; [
928 (c) monitoring of equipment and operating systems of the motor vehicle[
929 (d) operation of a vehicle in a connected platooning system.
930 (3) A violation of this section is an infraction.
931 Section 11. Section 41-26-102.1 is enacted to read:
932 41-26-102.1. Definitions.
933 (1) "ADS-dedicated vehicle" means a vehicle designed to be operated exclusively by a
934 level four or five ADS for all trips within the given operational design domain limitations of
935 the ADS, if any.
936 (2) (a) "Automated driving system" or "ADS" means the hardware and software that
937 are collectively capable of performing the entire dynamic driving task on a sustained basis,
938 regardless of whether the ADS is limited to a specific operational design domain, if any.
939 (b) "Automated driving system" or "ADS" is used specifically to describe a level three,
940 four, or five driving automation system.
941 (3) "Commission" means the State Tax Commission as defined in Section 59-1-101.
942 (4) "Conventional driver" means a human driver who is onboard the motor vehicle and
943 manually performs some or all of the following actions in order to operate a vehicle:
944 (a) braking;
945 (b) accelerating;
946 (c) steering; and
947 (d) transmission gear selection input devices.
948 (5) (a) "Dispatch" means to place an ADS-equipped vehicle into service in driverless
949 operation by engaging the ADS.
950 (b) "Dispatch" includes software-enabled dispatch of multiple ADS-equipped motor
951 vehicles in driverless operation that may complete multiple trips involving pick-up and
952 drop-off of passengers or goods throughout a day or other pre-defined periods of service, and
953 which may involve multiple agents performing various tasks related to the dispatch function.
954 (6) "Division" means the Motor Vehicle Division of the commission, created in
955 Section 41-1a-106.
956 (7) "Driverless operation" means the operation of an ADS-equipped vehicle in which:
957 (a) no on-board user is present; or
958 (b) an on-board user is not a human driver or fallback-ready user.
959 (8) "Driverless operation dispatcher" means a user who dispatches an ADS-equipped
960 vehicle in driverless operation.
961 (9) "Driving automation system" means the hardware and software collectively capable
962 of performing part or all of the dynamic driving task on a sustained basis.
963 (10) "Driving automation system feature" means a specific function of a driving
964 automation system.
965 (11) (a) "Dynamic driving task" means all of the real-time operational and tactical
966 functions required to operate a motor vehicle in on-road traffic, including:
967 (i) lateral vehicle motion control through steering;
968 (ii) longitudinal motion control through acceleration and deceleration;
969 (iii) monitoring the driving environment through object and event detection,
970 recognition, classification, and response preparation;
971 (iv) object and event response execution;
972 (v) maneuver planning; and
973 (vi) enhancing conspicuity with lighting, signaling, and gesturing.
974 (b) "Dynamic driving task" does not include strategic functions such as trip scheduling
975 and selection of destinations and waypoints.
976 (12) "Engage" as it pertains to the operation of a vehicle by a driving automation
977 system means to cause a driving automation system feature to perform part or all of the
978 dynamic driving task on a sustained basis.
979 (13) "External event" is a situation in the driving environment that necessitates a
980 response by a human driver or driving automation system.
981 (14) "Fallback-ready user" means the user of a vehicle equipped with an engaged level
982 three ADS who is:
983 (a) a human driver; and
984 (b) ready to operate the vehicle if:
985 (i) a system failure occurs; or
986 (ii) the ADS issues a request to intervene.
987 (15) (a) "Human driver" means a natural person:
988 (i) with a valid license to operate a motor vehicle of the proper class for the motor
989 vehicle being operated; and
990 (ii) who performs in real-time all or part of the dynamic driving task.
991 (b) "Human driver" includes a:
992 (i) conventional driver; and
993 (ii) remote driver.
994 (16) "Level five automated driving system" or "level five ADS" means an ADS feature
995 that has the capability to perform on a sustained basis the entire dynamic driving task under all
996 conditions that can reasonably be managed by a human driver, as well as any maneuvers
997 necessary to respond to a system failure, without any expectation that a human user will
998 respond to a request to intervene.
999 (17) "Level four automated driving system" or "level four ADS" means an ADS feature
1000 that, without any expectation that a human user will respond to a request to intervene, has:
1001 (a) the capability to perform on a sustained basis the entire dynamic driving task within
1002 its operational design domain; and
1003 (b) the capacity to perform any maneuvers necessary to achieve a minimal risk
1004 condition in response to:
1005 (i) an exit from the operational design domain of the ADS; or
1006 (ii) a system failure.
1007 (18) "Level three automated driving system" or "level three ADS" means an ADS
1008 feature that:
1009 (a) has the capability to perform on a sustained basis the entire dynamic driving task
1010 within its operational design domain; and
1011 (b) requires a fallback-ready user to operate the vehicle after receiving a request to
1012 intervene or in response to a system failure.
1013 (19) "Minimal risk condition" means a condition to which a user or an ADS may bring
1014 a motor vehicle in order to reduce the risk of a crash when a given trip cannot or should not be
1015 completed.
1016 (20) "Object and event detection and response" means the subtasks of the dynamic
1017 driving task that include:
1018 (a) monitoring the driving environment; and
1019 (b) executing an appropriate response in order to perform the dynamic driving task.
1020 (21) "On-demand autonomous vehicle network" means a transportation service
1021 network that uses a software application or other digital means to dispatch or otherwise enable
1022 the prearrangement of transportation with motor vehicles that have a level four or five ADS in
1023 driverless operation for purposes of transporting persons, including for-hire transportation and
1024 transportation for compensation.
1025 (22) "Operate" means the same as that term is defined in Section 41-1a-102.
1026 (23) "Operational design domain" means the operating conditions under which a given
1027 ADS or feature thereof is specifically designed to function, including:
1028 (a) speed range, environmental, geographical, and time-of-day restrictions; or
1029 (b) the requisite presence or absence of certain traffic or roadway characteristics.
1030 (24) "Operator" means the same as that term is defined in Section 41-6a-102.
1031 (25) "Passenger" means a user on board a vehicle who has no role in the operation of
1032 that vehicle.
1033 (26) "Person" means the same as that term is defined in Section 41-6a-102.
1034 (27) "Remote driver" means a human driver who is not located in a position to
1035 manually exercise in-vehicle braking, accelerating, steering, or transmission gear selection
1036 input devices, but operates the vehicle.
1037 (28) "Request to intervene" means the notification by an ADS to a fallback-ready user
1038 indicating that the fallback-ready user should promptly begin or resume operation of the
1039 vehicle.
1040 (29) "Sustained operation of a motor vehicle" means the performance of part or all of
1041 the dynamic driving task both between and across external events, including response to
1042 external events and continued performance of part or all of the dynamic driving task in the
1043 absence of external events.
1044 (30) "System failure" means a malfunction in a driving automation system or other
1045 vehicle system that prevents the ADS from reliably performing the portion of the dynamic
1046 driving task on a sustained basis, including the complete dynamic driving task, that the ADS
1047 would otherwise perform.
1048 (31) "User" means a:
1049 (a) human driver;
1050 (b) passenger;
1051 (c) fallback-ready user; or
1052 (d) driverless operation dispatcher.
1053 Section 12. Section 41-26-103 is enacted to read:
1054 41-26-103. Operation of motor vehicles equipped with an automated driving
1055 system.
1056 (1) A motor vehicle equipped with a level three through five ADS may operate on a
1057 highway in this state if:
1058 (a) the motor vehicle is operated, whether by the ADS or human driver, in compliance
1059 with the applicable traffic and motor vehicle safety laws and regulations of this state, unless an
1060 exemption has been granted;
1061 (b) the motor vehicle meets all applicable federal motor vehicle safety standards and
1062 regulations unless an exemption has been granted;
1063 (c) when operated by an ADS:
1064 (i) the ADS complies with all federal law and federal motor vehicle safety standards
1065 and bears the required certification label including reference to any exemption granted under
1066 applicable federal law; and
1067 (ii) if a system failure occurs that renders the ADS unable to perform the entire
1068 dynamic driving task relevant to the intended operational design domain of the ADS, the ADS
1069 will achieve a minimal risk condition or make a request to intervene; and
1070 (d) the motor vehicle is titled and registered in compliance with Section 41-26-107.
1071 (2) A vehicle being operated by an ADS or a remote driver is not considered
1072 unattended.
1073 (3) The division may revoke or limit the registration and privilege for an ADS to
1074 operate a motor vehicle on a highway of the state if the Department of Transportation or the
1075 Department of Public Safety determines and notifies the division that:
1076 (a) the ADS is operating one or more motor vehicles in an unsafe manner; or
1077 (b) the ADS is being engaged in an unsafe manner.
1078 (4) Nothing in this chapter prohibits or restricts a human driver from operating a
1079 vehicle equipped with an ADS and equipped with controls that allow for the human driver to
1080 perform all or part of the dynamic driving task.
1081 Section 13. Section 41-26-104 is enacted to read:
1082 41-26-104. Licensing -- Responsibility for compliant operation of ADS-equipped
1083 vehicles.
1084 For the purpose of assessing compliance with applicable traffic or motor vehicle laws:
1085 (1) (a) When an ADS is operating a motor vehicle, the ADS is the operator, and shall
1086 satisfy electronically all physical acts required by a conventional driver in operation of the
1087 vehicle.
1088 (b) The ADS is responsible for the compliant operation of the vehicle and is not
1089 required to be licensed to operate the vehicle.
1090 (2) (a) If a vehicle with an engaged level three ADS issues a request to intervene, the
1091 ADS is responsible for the compliant operation of the vehicle until disengagement of the ADS.
1092 (b) If a vehicle with an engaged level four or five ADS issues a request to intervene,
1093 the ADS is responsible for the compliant operation of the vehicle until or unless a human user
1094 begins to operate the vehicle.
1095 (3) The ADS is responsible for compliant operation of an ADS-dedicated vehicle.
1096 Section 14. Section 41-26-105 is enacted to read:
1097 41-26-105. Duties following crashes involving motor vehicles equipped with an
1098 automated driving system.
1099 (1) In the event of a crash involving a vehicle with the ADS engaged:
1100 (a) the ADS-equipped vehicle shall remain on the scene of the crash when required to
1101 do so under Section 41-6a-401, consistent with the vehicle's ability to achieve a minimal risk
1102 condition as described in Section 41-26-103; and
1103 (b) the owner of the ADS-equipped vehicle, or a person on behalf of the vehicle owner,
1104 shall report any crashes or collisions consistent with Chapter 6a, Part 4, Accident
1105 Responsibilities.
1106 (2) If the owner or person on behalf of the owner is not on board the vehicle at the time
1107 of the crash, the owner shall ensure that the following information is immediately
1108 communicated or made available to the persons involved or to a peace officer upon request:
1109 (a) the contents of the vehicle's registration card; and
1110 (b) the name of the insurance provider for the vehicle, including the phone number of
1111 the agent or provider.
1112 Section 15. Section 41-26-106 is enacted to read:
1113 41-26-106. On-demand autonomous vehicle network.
1114 (1) Subject to Subsection (2), an on-demand autonomous vehicle network may only
1115 operate pursuant to state laws governing the operation of ground transportation for-hire under
1116 state law, including:
1117 (a) a transportation network company pursuant to Title 13, Chapter 51, Transportation
1118 Network Company Registration Act;
1119 (b) a public transit district as defined in Section 17B-2a-802; or
1120 (c) a private passenger carrier as defined in Section 53-3-102.
1121 (2) Any provision of state law described in Subsection (1) that reasonably applies only
1122 to a human driver shall not apply to the operation of a vehicle by an engaged level four or five
1123 ADS that is part of an on-demand autonomous vehicle network.
1124 Section 16. Section 41-26-107 is enacted to read:
1125 41-26-107. Registration, title, and insurance of motor vehicles equipped with an
1126 automated driving system.
1127 (1) If the owner of a vehicle equipped with an ADS is a resident of this state, the owner
1128 shall:
1129 (a) properly register the vehicle in accordance with Title 41, Chapter 1a, Part 2,
1130 Registration; and
1131 (b) have immediately available in the vehicle the certifications obtained in accordance
1132 with Section 41-26-109.
1133 (2) If the owner of a vehicle equipped with an ADS is a resident of this state, the owner
1134 shall properly title the vehicle in accordance with Title 41, Chapter 1a, Part 5, Titling
1135 Requirement.
1136 (3) Before an ADS may operate a vehicle on a highway in this state, the owner of the
1137 vehicle shall ensure that the vehicle complies with Title 41, Chapter 12a, Financial
1138 Responsibility of Motor Vehicle Owners and Operators Act.
1139 Section 17. Section 41-26-108 is enacted to read:
1140 41-26-108. Controlling authority.
1141 No local agency, political subdivision, or other entity may prohibit the operation of a
1142 vehicle equipped with a driving automation system, an ADS, or an on-demand autonomous
1143 vehicle network, or otherwise enact or keep in force a rule or ordinance that would impose a
1144 tax, fee, performance standard, or other requirement specific to the operation of a vehicle
1145 equipped with a driving automation system, an ADS, or an on-demand autonomous vehicle
1146 network in addition to the requirements of this title.
1147 Section 18. Section 41-26-109 is enacted to read:
1148 41-26-109. Certification of ADS-equipped vehicles required -- Vehicles exempt
1149 from certification.
1150 (1) For a vehicle required to be registered in this state with an ADS as original
1151 equipment as defined in Section 41-6a-1629, the vehicle manufacturer or developer shall, on
1152 forms prescribed by the division, certify that:
1153 (a) the vehicle complies with all applicable federal laws and regulations; and
1154 (b) the ADS complies with all applicable federal laws and regulations.
1155 (2) For a vehicle required to be registered in this state with an ADS that is not original
1156 equipment as defined in Section 41-6a-1629, the ADS manufacturer shall, on forms prescribed
1157 by the division, certify that the ADS complies with all applicable federal laws and regulations.
1158 (3) Nothing in this section exempts a vehicle manufacturer, owner, or dealer from
1159 requirements imposed by state or federal laws or regulations pertaining to a vehicle not
1160 equipped with an ADS.
1161 Section 19. Section 53-3-102 is amended to read:
1162 53-3-102. Definitions.
1163 As used in this chapter:
1164 (1) "Autocycle" means a motor vehicle that:
1165 (a) is designed to travel with three or fewer wheels in contact with the ground;
1166 (b) is equipped with a steering wheel; and
1167 (c) is equipped with seating that does not require the operator to straddle or sit astride
1168 the vehicle.
1169 (2) "Cancellation" means the termination by the division of a license issued through
1170 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
1171 (3) "Class D license" means the class of license issued to drive motor vehicles not
1172 defined as commercial motor vehicles or motorcycles under this chapter.
1173 (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
1174 permit:
1175 (a) issued under Section 53-3-408; or
1176 (b) issued by a state or other jurisdiction of domicile in compliance with the standards
1177 contained in 49 C.F.R. Part 383.
1178 (5) "Commercial driver license" or "CDL" means a license:
1179 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
1180 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
1181 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
1182 commercial motor vehicle; and
1183 (b) that was obtained by providing evidence of lawful presence in the United States
1184 with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
1185 (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
1186 driving record that:
1187 (i) applies to a person who holds or is required to hold a commercial driver instruction
1188 permit or a CDL license; and
1189 (ii) contains the following:
1190 (A) information contained in the driver history, including convictions, pleas held in
1191 abeyance, disqualifications, and other licensing actions for violations of any state or local law
1192 relating to motor vehicle traffic control, committed in any type of vehicle;
1193 (B) driver self-certification status information under Section 53-3-410.1; and
1194 (C) information from medical certification record keeping in accordance with 49
1195 C.F.R. Sec. 383.73(o).
1196 (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
1197 motor vehicle record described in Subsection [
1198 (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
1199 vehicles designed or used to transport passengers or property if the motor vehicle:
1200 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
1201 determined by federal regulation;
1202 (ii) is designed to transport 16 or more passengers, including the driver; or
1203 (iii) is transporting hazardous materials and is required to be placarded in accordance
1204 with 49 C.F.R. Part 172, Subpart F.
1205 (b) The following vehicles are not considered a commercial motor vehicle for purposes
1206 of Part 4, Uniform Commercial Driver License Act:
1207 (i) equipment owned and operated by the United States Department of Defense when
1208 driven by any active duty military personnel and members of the reserves and national guard on
1209 active duty including personnel on full-time national guard duty, personnel on part-time
1210 training, and national guard military technicians and civilians who are required to wear military
1211 uniforms and are subject to the code of military justice;
1212 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
1213 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
1214 as a motor carrier for hire;
1215 (iii) firefighting and emergency vehicles;
1216 (iv) recreational vehicles that are not used in commerce and are driven solely as family
1217 or personal conveyances for recreational purposes; and
1218 (v) vehicles used to provide transportation network services, as defined in Section
1219 13-51-102.
1220 (8) "Conviction" means any of the following:
1221 (a) an unvacated adjudication of guilt or a determination that a person has violated or
1222 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
1223 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
1224 appearance in court;
1225 (c) a plea of guilty or nolo contendere accepted by the court;
1226 (d) the payment of a fine or court costs; or
1227 (e) violation of a condition of release without bail, regardless of whether the penalty is
1228 rebated, suspended, or probated.
1229 (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
1230 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
1231 do not apply.
1232 (10) "Director" means the division director appointed under Section 53-3-103.
1233 (11) "Disqualification" means either:
1234 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
1235 of a person's privileges to drive a commercial motor vehicle;
1236 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
1237 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
1238 391; or
1239 (c) the loss of qualification that automatically follows conviction of an offense listed in
1240 49 C.F.R. Part 383.51.
1241 (12) "Division" means the Driver License Division of the department created in
1242 Section 53-3-103.
1243 (13) "Downgrade" means to obtain a lower license class than what was originally
1244 issued during an existing license cycle.
1245 (14) "Drive" means:
1246 (a) to operate or be in physical control of a motor vehicle upon a highway; and
1247 (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
1248 53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
1249 the state.
1250 (15) (a) "Driver" means [
1251 control of a motor vehicle in any location open to the general public for purposes of vehicular
1252 traffic.
1253 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
1254 who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
1255 federal law.
1256 (16) "Driving privilege card" means the evidence of the privilege granted and issued
1257 under this chapter to drive a motor vehicle to a person whose privilege was obtained without
1258 providing evidence of lawful presence in the United States.
1259 (17) "Extension" means a renewal completed in a manner specified by the division.
1260 (18) "Farm tractor" means every motor vehicle designed and used primarily as a farm
1261 implement for drawing plows, mowing machines, and other implements of husbandry.
1262 (19) "Highway" means the entire width between property lines of every way or place of
1263 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
1264 (20) "Human driver" means the same as that term is defined in Section 41-26-102.1.
1265 [
1266 Act, to a person for identification purposes.
1267 [
1268 guideline issued annually by the U.S. Department of Health and Human Services in the Federal
1269 Register.
1270 [
1271 [
1272 this chapter to drive a motor vehicle.
1273 (b) "License certificate" evidence includes a:
1274 (i) regular license certificate;
1275 (ii) limited-term license certificate;
1276 (iii) driving privilege card;
1277 (iv) CDL license certificate;
1278 (v) limited-term CDL license certificate;
1279 (vi) temporary regular license certificate; and
1280 (vii) temporary limited-term license certificate.
1281 [
1282 license:
1283 (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
1284 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
1285 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
1286 commercial motor vehicle; and
1287 (b) that was obtained by providing evidence of lawful presence in the United States
1288 with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
1289 [
1290 this chapter to a person whose card was obtained by providing evidence of lawful presence in
1291 the United States with one of the document requirements described in Subsection
1292 53-3-804(2)(i)(ii).
1293 [
1294 granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
1295 obtained providing evidence of lawful presence in the United States with one of the document
1296 requirements described in Subsection 53-3-205(8)(a)(ii)(B).
1297 [
1298 [
1299
1300
1301 [
1302 [
1303
1304 (28) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
1305 (29) "Motor vehicle record" or "MVR" means a driving record under Subsection
1306 53-3-109(6)(a).
1307 (30) "Motorboat" means the same as that term is defined in Section 73-18-2.
1308 (31) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
1309 saddle for the use of the rider and designed to travel with not more than three wheels in contact
1310 with the ground.
1311 [
1312 created in Section 62A-11-102.
1313 (33) "Operate" means the same as that term is defined in Section 41-1a-102.
1314 [
1315 the property or title to a vehicle.
1316 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
1317 a security interest in another person but excludes a lessee under a lease not intended as security.
1318 [
1319 (i) designed to transport 15 or fewer passengers, including the driver; and
1320 (ii) operated to transport an employee of the person that hires the motor vehicle.
1321 (b) "Private passenger carrier" does not include:
1322 (i) a taxicab;
1323 (ii) a motor vehicle driven by a transportation network driver as defined in Section
1324 13-51-102;
1325 (iii) a motor vehicle driven for transportation network services as defined in Section
1326 13-51-102; and
1327 (iv) a motor vehicle driven for a transportation network company as defined in Section
1328 13-51-102 and registered with the Division of Consumer Protection as described in Section
1329 13-51-104.
1330 [
1331 chapter to a person whose card was obtained by providing evidence of lawful presence in the
1332 United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
1333 [
1334 under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
1335 of lawful presence in the United States with one of the document requirements described in
1336 Subsection 53-3-205(8)(a)(ii)(A).
1337 [
1338 date.
1339 [
1340 division as determined by the division and includes those offenses against which points are
1341 assessed under Section 53-3-221.
1342 [
1343 (i) has established a domicile in this state, as defined in Section 41-1a-202, or
1344 regardless of domicile, remains in this state for an aggregate period of six months or more
1345 during any calendar year;
1346 (ii) engages in a trade, profession, or occupation in this state, or who accepts
1347 employment in other than seasonal work in this state, and who does not commute into the state;
1348 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
1349 license certificate or motor vehicle registration; or
1350 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
1351 to nonresidents, including going to school, or placing children in school without paying
1352 nonresident tuition or fees.
1353 (b) "Resident" does not include any of the following:
1354 (i) a member of the military, temporarily stationed in this state;
1355 (ii) an out-of-state student, as classified by an institution of higher education,
1356 regardless of whether the student engages in any type of employment in this state;
1357 (iii) a person domiciled in another state or country, who is temporarily assigned in this
1358 state, assigned by or representing an employer, religious or private organization, or a
1359 governmental entity; or
1360 (iv) an immediate family member who resides with or a household member of a person
1361 listed in Subsections [
1362 [
1363 privilege to drive a motor vehicle.
1364 [
1365 pre-primary, primary, or secondary school students to and from home and school, or to and
1366 from school sponsored events.
1367 (b) "School bus" does not include a bus used as a common carrier as defined in Section
1368 59-12-102.
1369 [
1370 licensee's privilege to drive a motor vehicle.
1371 [
1372 passengers for hire and that is subject to state or federal regulation as a taxi.
1373 Section 20. Section 53-3-104 is amended to read:
1374 53-3-104. Division duties.
1375 The division shall:
1376 (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1377 make rules:
1378 (a) for examining applicants for a license, as necessary for the safety and welfare of the
1379 traveling public;
1380 (b) for acceptable documentation of an applicant's identity, Social Security number,
1381 Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
1382 United States, honorable or general discharge from the United States military, and other proof
1383 or documentation required under this chapter;
1384 (c) regarding the restrictions to be imposed on [
1385 vehicle with a temporary learner permit or learner permit;
1386 (d) for exemptions from licensing requirements as authorized in this chapter;
1387 (e) establishing procedures for the storage and maintenance of applicant information
1388 provided in accordance with Section 53-3-205, 53-3-410, or 53-3-804; and
1389 (f) to provide educational information to each applicant for a license, which
1390 information shall be based on data provided by the Division of Air Quality, including:
1391 (i) ways drivers can improve air quality; and
1392 (ii) the harmful effects of vehicle emissions;
1393 (2) examine each applicant according to the class of license applied for;
1394 (3) license motor vehicle drivers;
1395 (4) file every application for a license received by [
1396 indices containing:
1397 (a) all applications denied and the reason each was denied;
1398 (b) all applications granted; and
1399 (c) the name of every licensee whose license has been suspended, disqualified, or
1400 revoked by the division and the reasons for the action;
1401 (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
1402 this chapter;
1403 (6) file all accident reports and abstracts of court records of convictions received by [
1404 the division under state law;
1405 (7) maintain a record of each licensee showing the licensee's convictions and the traffic
1406 accidents in which the licensee has been involved where a conviction has resulted;
1407 (8) consider the record of a licensee upon an application for renewal of a license and at
1408 other appropriate times;
1409 (9) search the license files, compile, and furnish a report on the driving record of any
1410 [
1411 (10) develop and implement a record system as required by Section 41-6a-604;
1412 (11) in accordance with Section 53G-10-507, establish:
1413 (a) procedures and standards to certify teachers of driver education classes to
1414 administer knowledge and skills tests;
1415 (b) minimal standards for the tests; and
1416 (c) procedures to enable school districts to administer or process any tests for students
1417 to receive a class D operator's license;
1418 (12) in accordance with Section 53-3-510, establish:
1419 (a) procedures and standards to certify licensed instructors of commercial driver
1420 training school courses to administer the skills test;
1421 (b) minimal standards for the test; and
1422 (c) procedures to enable licensed commercial driver training schools to administer or
1423 process skills tests for students to receive a class D operator's license;
1424 (13) provide administrative support to the Driver License Medical Advisory Board
1425 created in Section 53-3-303;
1426 (14) upon request by the lieutenant governor, provide the lieutenant governor with a
1427 digital copy of the driver license or identification card signature of [
1428 who is an applicant for voter registration under Section 20A-2-206; and
1429 (15) in accordance with Section 53-3-407.1, establish:
1430 (a) procedures and standards to license a commercial driver license third party tester or
1431 commercial driver license third party examiner to administer the commercial driver license
1432 skills tests;
1433 (b) minimum standards for the commercial driver license skills test; and
1434 (c) procedures to enable a licensed commercial driver license third party tester or
1435 commercial driver license third party examiner to administer a commercial driver license skills
1436 test for an applicant to receive a commercial driver license.
1437 Section 21. Section 53-3-202 is amended to read:
1438 53-3-202. Drivers must be licensed -- Violation.
1439 (1) A [
1440 highway in this state unless the [
1441 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
1442 division under this chapter;
1443 (b) driving an official United States Government class D motor vehicle with a valid
1444 United States Government driver permit or license for that type of vehicle;
1445 (c) (i) driving a road roller, road machinery, or any farm tractor or implement of
1446 husbandry temporarily drawn, moved, or propelled on the highways; and
1447 (ii) driving the vehicle described in Subsection (1)(c)(i) in conjunction with a
1448 construction or agricultural activity;
1449 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
1450 has in the nonresident's immediate possession a valid license certificate issued to the
1451 nonresident in the nonresident's home state or country and is driving in the class or classes
1452 identified on the home state license certificate, except those persons referred to in Part 6,
1453 Drivers' License Compact, of this chapter;
1454 (e) a nonresident who is at least 18 years of age and who has in the nonresident's
1455 immediate possession a valid license certificate issued to the nonresident in the nonresident's
1456 home state or country if driving in the class or classes identified on the home state license
1457 certificate, except those persons referred to in Part 6, Drivers' License Compact, of this chapter;
1458 (f) driving under a learner permit in accordance with Section 53-3-210.5;
1459 (g) driving with a temporary license certificate issued in accordance with Section
1460 53-3-207; or
1461 (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
1462 [
1463
1464
1465 (2) A human driver may not drive a motor vehicle or perform lateral or longitudinal
1466 vehicle motion control for a vehicle being towed by another motor vehicle upon a highway
1467 unless the human driver:
1468 (a) [
1469 drive a motor vehicle of the type or class of motor vehicle being towed; or
1470 (b) is exempted under either Subsection (1)(b) or (1)(c).
1471 (3) (a) A [
1472 highway of this state unless the person has a valid class D driver license issued by the division .
1473 (b) A [
1474 carrier on a highway of this state unless the [
1475 (i) a taxicab endorsement issued by the division on the [
1476 license certificate; or
1477 (ii) a commercial driver license with:
1478 (A) a taxicab endorsement;
1479 (B) a passenger endorsement; or
1480 (C) a school bus endorsement.
1481 (c) Nothing in Subsection (3)(b) is intended to exempt a [
1482 a motor vehicle as a private passenger carrier from regulation under other statutory and
1483 regulatory schemes, including:
1484 (i) 49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;
1485 (ii) Title 34, Chapter 36, Transportation of Workers, and rules adopted by the Labor
1486 Commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1487 and
1488 (iii) Title 72, Chapter 9, Motor Carrier Safety Act, and rules adopted by the Motor
1489 Carrier Division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1490 Act.
1491 (4) (a) Except as provided in Subsections (4)(b), (c), (d), and (e), a [
1492 driver may not operate:
1493 (i) a motorcycle unless the [
1494 a motorcycle endorsement issued under this chapter;
1495 (ii) a street legal all-terrain vehicle unless the [
1496 driver license; or
1497 (iii) a motor-driven cycle unless the [
1498 license and a motorcycle endorsement issued under this chapter.
1499 (b) A [
1500 required to have a motorcycle endorsement issued under this chapter.
1501 (c) [
1502 Section 41-6a-102, is not required to have a valid class D driver license or a motorcycle
1503 endorsement issued under this chapter.
1504 (d) [
1505 person is:
1506 (i) operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance
1507 with Section 41-6a-1115; or
1508 (ii) operating an electric personal assistive mobility device, as defined in Section
1509 41-6a-102, in accordance with Section 41-6a-1116.
1510 (e) A [
1511 motorcycle endorsement issued under this chapter.
1512 (5) An automated driving system as defined in Section 41-26-102.1 is not required to
1513 have a driver license.
1514 [
1515 Section 22. Repealer.
1516 This bill repeals:
1517 Section 41-26-102, Autonomous motor vehicle study.