7 Carol Spackman Moss
9 LONG TITLE
10 General Description:
11 This bill authorizes a municipality to allow a golf cart to operate on a highway under
12 certain circumstances.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines "golf cart";
16 ▸ authorizes a municipality to enact an ordinance to allow the operation of a golf cart
17 on a highway in specified circumstances;
18 ▸ exempts a golf cart from title, registration, and other requirements applicable to
19 other motor vehicles;
20 ▸ prohibits the drinking of alcohol while operating a golf cart on a highway;
21 ▸ prohibits the possession of an open container of alcohol while operating a golf cart
22 on a highway;
23 ▸ requires that a golf cart adhere to traffic laws similar to a bicycle; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 41-6a-102, as last amended by Laws of Utah 2019, Chapters 49, 391, 428, and 459
32 41-6a-526, as last amended by Laws of Utah 2019, Chapter 428
33 41-6a-706.5, as last amended by Laws of Utah 2019, Chapters 428 and 461
34 63I-1-241, as last amended by Laws of Utah 2019, Chapters 49, 55, and 246
36 41-6a-1510, Utah Code Annotated 1953
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 41-6a-102 is amended to read:
40 41-6a-102. Definitions.
41 As used in this chapter:
42 (1) "Alley" means a street or highway intended to provide access to the rear or side of
43 lots or buildings in urban districts and not intended for through vehicular traffic.
44 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
46 (3) "Authorized emergency vehicle" includes:
47 (a) fire department vehicles;
48 (b) police vehicles;
49 (c) ambulances; and
50 (d) other publicly or privately owned vehicles as designated by the commissioner of the
51 Department of Public Safety.
52 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
53 (5) (a) "Bicycle" means a wheeled vehicle:
54 (i) propelled by human power by feet or hands acting upon pedals or cranks;
55 (ii) with a seat or saddle designed for the use of the operator;
56 (iii) designed to be operated on the ground; and
57 (iv) whose wheels are not less than 14 inches in diameter.
58 (b) "Bicycle" includes an electric assisted bicycle.
59 (c) "Bicycle" does not include scooters and similar devices.
60 (6) (a) "Bus" means a motor vehicle:
61 (i) designed for carrying more than 15 passengers and used for the transportation of
62 persons; or
63 (ii) designed and used for the transportation of persons for compensation.
64 (b) "Bus" does not include a taxicab.
65 (7) (a) "Circular intersection" means an intersection that has an island, generally
66 circular in design, located in the center of the intersection where traffic passes to the right of
67 the island.
68 (b) "Circular intersection" includes:
69 (i) roundabouts;
70 (ii) rotaries; and
71 (iii) traffic circles.
72 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
73 Subsection (17)(d)(i).
74 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
75 Subsection (17)(d)(ii).
76 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
77 Subsection (17)(d)(iii).
78 (11) "Commissioner" means the commissioner of the Department of Public Safety.
79 (12) "Controlled-access highway" means a highway, street, or roadway:
80 (a) designed primarily for through traffic; and
81 (b) to or from which owners or occupants of abutting lands and other persons have no
82 legal right of access, except at points as determined by the highway authority having
83 jurisdiction over the highway, street, or roadway.
84 (13) "Crosswalk" means:
85 (a) that part of a roadway at an intersection included within the connections of the
86 lateral lines of the sidewalks on opposite sides of the highway measured from:
87 (i) (A) the curbs; or
88 (B) in the absence of curbs, from the edges of the traversable roadway; and
89 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
90 included within the extension of the lateral lines of the existing sidewalk at right angles to the
91 centerline; or
92 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
93 pedestrian crossing by lines or other markings on the surface.
94 (14) "Department" means the Department of Public Safety.
95 (15) "Direct supervision" means oversight at a distance within which:
96 (a) visual contact is maintained; and
97 (b) advice and assistance can be given and received.
98 (16) "Divided highway" means a highway divided into two or more roadways by:
99 (a) an unpaved intervening space;
100 (b) a physical barrier; or
101 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
102 (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
103 (a) has a power output of not more than 750 watts;
104 (b) has fully operable pedals on permanently affixed cranks;
105 (c) is fully operable as a bicycle without the use of the electric motor; and
106 (d) is one of the following:
107 (i) an electric assisted bicycle equipped with a motor or electronics that:
108 (A) provides assistance only when the rider is pedaling; and
109 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
111 (ii) an electric assisted bicycle equipped with a motor or electronics that:
112 (A) may be used exclusively to propel the bicycle; and
113 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
114 miles per hour; or
115 (iii) an electric assisted bicycle equipped with a motor or electronics that:
116 (A) provides assistance only when the rider is pedaling;
117 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
118 hour; and
119 (C) is equipped with a speedometer.
120 (18) (a) "Electric personal assistive mobility device" means a self-balancing device
122 (i) two nontandem wheels in contact with the ground;
123 (ii) a system capable of steering and stopping the unit under typical operating
125 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
126 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
127 (v) a deck design for a person to stand while operating the device.
128 (b) "Electric personal assistive mobility device" does not include a wheelchair.
129 (19) "Explosives" means a chemical compound or mechanical mixture commonly used
130 or intended for the purpose of producing an explosion and that contains any oxidizing and
131 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
132 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
133 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
134 capable of producing destructive effects on contiguous objects or of causing death or serious
135 bodily injury.
136 (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
137 implement, for drawing plows, mowing machines, and other implements of husbandry.
138 (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
139 as determined by a tagliabue or equivalent closed-cup test device.
140 (22) "Freeway" means a controlled-access highway that is part of the interstate system
141 as defined in Section 72-1-102.
142 (23) (a) "Golf cart" means a device that:
143 (i) is designed for transportation by players on a golf course;
144 (ii) has not less than three wheels in contact with the ground;
145 (iii) has an unladen weight of less than 1,800 pounds;
146 (iv) is designed to operate at low speeds; and
147 (v) is designed to carry not more than six persons including the driver.
148 (b) "Golf cart" does not include:
149 (i) a low-speed vehicle or an off-highway vehicle;
150 (ii) a motorized wheelchair;
151 (iii) an electric personal assistive mobility device;
152 (iv) an electric assisted bicycle;
153 (v) a motor assisted scooter;
154 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
155 (vii) a mobile carrier, as defined in Section 41-6a-1120.
157 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
158 lane including similar areas between merging or splitting highways.
160 weight of any load on the vehicle.
162 place of any nature when any part of it is open to the use of the public as a matter of right for
163 vehicular travel.
167 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
168 of two or more highways that join one another.
169 (b) Where a highway includes two roadways 30 feet or more apart:
170 (i) every crossing of each roadway of the divided highway by an intersecting highway
171 is a separate intersection; and
172 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
173 every crossing of two roadways of the highways is a separate intersection.
174 (c) "Intersection" does not include the junction of an alley with a street or highway.
176 of vehicle movements or for pedestrian refuge designated by:
177 (a) pavement markings, which may include an area designated by two solid yellow
178 lines surrounding the perimeter of the area;
179 (b) channelizing devices;
180 (c) curbs;
181 (d) pavement edges; or
182 (e) other devices.
184 autocycle, the act of overtaking and passing another vehicle that is stopped in the same
185 direction of travel in the same lane.
187 Section 53-1-102.
189 (a) that is designated specifically for through traffic; and
190 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
191 persons have any right or easement, or have only a limited right or easement of access, light,
192 air, or view.
194 body of a county, municipal, or other local board or body having authority to enact laws
195 relating to traffic under the constitution and laws of the state.
197 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
198 (ii) has a capacity of not more than six passengers, including a conventional driver or
199 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
200 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
202 is wholly or partly of metal or other hard nonresilient material.
204 seat or saddle that is less than 24 inches from the ground as measured on a level surface with
205 properly inflated tires.
206 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
207 (c) "Mini-motorcycle" does not include a motorcycle that is:
208 (i) designed for off-highway use; and
209 (ii) registered as an off-highway vehicle under Section 41-22-3.
211 (a) a trailer or semitrailer that is:
212 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
213 place either permanently or temporarily; and
214 (ii) equipped for use as a conveyance on streets and highways; or
215 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
216 constructed for use as a mobile home, as defined in Subsection [
217 instead used permanently or temporarily for:
218 (i) the advertising, sale, display, or promotion of merchandise or services; or
219 (ii) any other commercial purpose except the transportation of property for hire or the
220 transportation of property for distribution by a private carrier.
222 (i) pedals to permit propulsion by human power; and
223 (ii) a motor that:
224 (A) produces not more than two brake horsepower; and
225 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
226 level ground.
227 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
228 centimeters and the moped shall have a power drive system that functions directly or
229 automatically without clutching or shifting by the operator after the drive system is engaged.
230 (c) "Moped" does not include:
231 (i) an electric assisted bicycle; or
232 (ii) a motor assisted scooter.
234 (i) at least two wheels in contact with the ground;
235 (ii) a braking system capable of stopping the unit under typical operating conditions;
236 (iii) an electric motor not exceeding 2,000 watts;
237 (iv) either:
238 (A) handlebars and a deck design for a person to stand while operating the device; or
239 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
240 the device; [
241 (v) a design for the ability to be propelled by human power alone; and
242 (vi) a maximum speed of 20 miles per hour on a paved level surface.
243 (b) "Motor assisted scooter" does not include:
244 (i) an electric assisted bicycle; or
245 (ii) a motor-driven cycle.
247 is propelled by electric power obtained from overhead trolley wires, but not operated upon
249 (b) "Motor vehicle" does not include:
250 (i) vehicles moved solely by human power;
251 (ii) motorized wheelchairs;
252 (iii) an electric personal assistive mobility device;
253 (iv) an electric assisted bicycle;
254 (v) a motor assisted scooter;
255 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
256 (vii) a mobile carrier, as defined in Section 41-6a-1120.
258 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
259 and designed to travel with not more than three wheels in contact with the ground; or
260 (b) an autocycle.
262 bicycle having:
263 (i) an engine with less than 150 cubic centimeters displacement; or
264 (ii) a motor that produces not more than five horsepower.
265 (b) "Motor-driven cycle" does not include:
266 (i) an electric personal assistive mobility device;
267 (ii) a motor assisted scooter; or
268 (iii) an electric assisted bicycle.
270 defined under Section 41-22-2.
275 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
276 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
279 is occupied or not.
280 (b) "Park" or "parking" does not include:
281 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
282 in loading or unloading property or passengers; or
283 (ii) a motor vehicle with an engaged automated driving system that has achieved a
284 minimal risk condition, as those terms are defined in Section 41-26-102.1.
286 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
287 traffic laws.
289 (a) on foot; or
290 (b) in a wheelchair.
292 regulate pedestrians.
294 corporation, business trust, estate, trust, partnership, limited liability company, association,
295 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
297 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
298 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
299 (b) that is ordinarily used for transporting long or irregular shaped loads including
300 poles, pipes, or structural members generally capable of sustaining themselves as beams
301 between the supporting connections.
303 and used for vehicular travel by the owner and those having express or implied permission
304 from the owner, but not by other persons.
306 stationary rails.
308 authority of a public body or official or by a railroad and intended to give notice of the presence
309 of railroad tracks or the approach of a railroad train.
311 coupled with or operated without cars, and operated upon rails.
313 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
314 of direction, speed, and proximity that give rise to danger of collision unless one grants
315 precedence to the other.
317 ordinarily used for vehicular travel.
318 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
319 them are used by persons riding bicycles or other human-powered vehicles.
320 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
321 a highway includes two or more separate roadways.
323 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
324 signs as to be plainly visible at all times while set apart as a safety zone.
326 (i) complies with the color and identification requirements of the most recent edition of
327 "Minimum Standards for School Buses"; and
328 (ii) is used to transport school children to or from school or school activities.
329 (b) "School bus" does not include a vehicle operated by a common carrier in
330 transportation of school children to or from school or school activities.
332 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
334 (ii) constructed so that some part of its weight and that of its load rests on or is carried
335 by another vehicle.
336 (b) "Semitrailer" does not include a pole trailer.
338 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
339 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
341 (b) that portion of the road contiguous to the roadway for accommodation of stopped
342 vehicles, for emergency use, and for lateral support.
344 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
346 does not depend on compressed air for the support of the load.
348 occupied or not, for the purpose of and while actually engaged in receiving or discharging
352 of a vehicle, whether occupied or not, except when:
353 (a) necessary to avoid conflict with other traffic; or
354 (b) in compliance with the directions of a peace officer or traffic-control device.
356 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
357 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
358 Section 41-6a-1509.
360 conveyances either singly or together while using any highway for the purpose of travel.
362 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
364 inconsistent with this chapter placed or erected by a highway authority for the purpose of
365 regulating, warning, or guiding traffic.
367 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
369 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
370 part of its weight rests upon the towing vehicle.
371 (b) "Trailer" does not include a pole trailer.
373 the transportation of property.
375 (a) designed and used primarily for drawing other vehicles; and
376 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
379 (a) provided for vehicle operators making left turns in either direction;
380 (b) that is not used for passing, overtaking, or through travel; and
381 (c) that has been indicated by a lane traffic-control device that may include lane
384 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
385 less than 100 feet, for a distance of a quarter of a mile or more.
387 be transported or drawn on a highway, except a mobile carrier, as defined in Section
388 41-6a-1120, or a device used exclusively on stationary rails or tracks.
389 Section 2. Section 41-6a-526 is amended to read:
390 41-6a-526. Drinking alcoholic beverage and open containers in motor vehicle
391 prohibited -- Definitions -- Exceptions.
392 (1) As used in this section:
393 (a) "Alcoholic beverage" has the same meaning as defined in Section 32B-1-102.
394 (b) "Chartered bus" has the same meaning as defined in Section 32B-1-102.
395 (c) "Limousine" has the same meaning as defined in Section 32B-1-102.
396 (d) (i) "Passenger compartment" means the area of the vehicle normally occupied by
397 the operator and passengers.
398 (ii) "Passenger compartment" includes areas accessible to the operator and passengers
399 while traveling, including a utility or glove compartment.
400 (iii) "Passenger compartment" does not include a separate front or rear trunk
401 compartment or other area of the vehicle not accessible to the operator or passengers while
402 inside the vehicle.
403 (e) "Waters of the state" has the same meaning as defined in Section 73-18-2.
404 (2) A person may not drink an alcoholic beverage while operating a golf cart, a motor
405 vehicle, a motor assisted scooter, or a class 2 electric assisted bicycle, or while a passenger in a
406 motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of
407 the state.
408 (3) A person may not keep, carry, possess, transport, or allow another to keep, carry,
409 possess, or transport in the passenger compartment of a motor vehicle, on a golf cart, on a
410 motor assisted scooter, or on a class 2 electric assisted bicycle, when the vehicle is on any
411 highway or waters of the state, any container that contains an alcoholic beverage if the
412 container has been opened, its seal broken, or the contents of the container partially consumed.
413 (4) Subsections (2) and (3) do not apply to a passenger:
414 (a) in the living quarters of a motor home or camper;
415 (b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in
416 compliance with Subsections 32B-4-415(4)(b) and (c); or
417 (c) in a motorboat on the waters of the state.
418 (5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
419 (6) A violation of Subsection (2) or (3) is a class C misdemeanor.
420 Section 3. Section 41-6a-706.5 is amended to read:
421 41-6a-706.5. Definitions -- Operation of motor vehicle near a vulnerable user of a
422 highway prohibited -- Endangering a vulnerable user of a highway prohibited.
423 (1) As used in this section, "vulnerable user of a highway" means:
424 (a) a pedestrian, including a person engaged in work upon a highway or upon utilities
425 facilities along a highway or providing emergency services within the right-of-way of a
427 (b) a person riding an animal; or
428 (c) a person operating any of the following on a highway:
429 (i) a farm tractor or implement of husbandry, without an enclosed shell;
430 (ii) a skateboard;
431 (iii) roller skates;
432 (iv) in-line skates;
433 (v) a bicycle;
434 (vi) an electric-assisted bicycle;
435 (vii) an electric personal assistive mobility device;
436 (viii) a moped;
437 (ix) a motor assisted scooter;
438 (x) a motor-driven cycle;
439 (xi) a motorcycle; [
440 (xii) a manual wheelchair[
441 (xiii) a golf cart.
442 (2) An operator of a motor vehicle may not knowingly, intentionally, or recklessly:
443 (a) operate a motor vehicle within three feet of a vulnerable user of a highway;
444 (b) distract or attempt to distract a vulnerable user of a highway for the purpose of
445 causing violence or injury to the vulnerable user of a highway;
446 (c) force or attempt to force a vulnerable user of a highway off of the roadway for a
447 purpose unrelated to public safety; or
448 (d) cause a motor vehicle to emit an excessive amount of exhaust in a manner that
449 distracts or endangers a vulnerable user of a highway.
450 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is an
452 (b) A violation of Subsection (2) that results in bodily injury to the vulnerable user of a
453 highway is a class C misdemeanor.
454 Section 4. Section 41-6a-1510 is enacted to read:
455 41-6a-1510. Golf carts -- Operation on highways -- Registration, licensing
456 requirements, titling, and taxes.
457 (1) (a) In accordance with this section and Section 10-8-30, a municipality may, by
458 ordinance, allow a person to operate a golf cart on specified highways under the jurisdiction of
459 the municipality.
460 (b) A person may not operate a golf cart on a highway unless authorized by the
461 municipality in which the highway is located.
462 (c) If a municipality allows the operation of a golf cart on a highway in the
463 municipality's jurisdiction, the municipality shall provide sufficient parameters regarding the
464 operation of a golf cart on a highway to ensure public safety, including specifying:
465 (i) on which highways a person may operate a golf cart;
466 (ii) who may operate a golf cart on a highway; and
467 (iii) hours during which a golf cart may operate on a highway.
468 (2) Subject to Subsection (4), a person operating a golf cart has all the rights and is
469 subject to the provisions of this chapter applicable to the operator of any other vehicle.
470 (3) A golf cart is exempt from the requirements of:
471 (a) titling, odometer statement, vehicle identification, license plates, and registration
472 under Title 41, Chapter 1a, Motor Vehicle Act;
473 (b) the county motor vehicle emissions inspection and maintenance programs under
474 Section 41-6a-1642;
475 (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
476 Motor Vehicle Owners and Operators Act;
477 (d) driver licensing under Title 53, Chapter 3, Uniform Driver License Act; and
478 (e) the uniform statewide fee described in Section 59-2-405.2.
479 (4) Except as described in Subsections 41-6a-526(2) and (3), a golf cart shall comply
480 with the same requirements as a bicycle for traffic rules under Title 41, Chapter 6a, Traffic
482 Section 5. Section 63I-1-241 is amended to read:
483 63I-1-241. Repeal dates, Title 41.
484 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
485 Rehabilitation Fund, is repealed January 1, 2023.
486 (2) The following subsections addressing lane filtering are repealed on July 1, 2022:
487 (a) Subsection 41-6a-102[
488 (b) Subsection 41-6a-704(5); and
489 (c) Subsection 41-6a-710(1)(c).
490 (3) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
491 Rehabilitation Fund, is repealed January 1, 2023.
492 (4) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
493 Fund, is repealed January 1, 2023.