1     
MOTORCYCLE RIGHT-OF-WAY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Dan N. Johnson

5     
Senate Sponsor: Lyle W. Hillyard

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the right-of-way of a motorcycle operator after
10     completing a lane filtering maneuver.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions to grant the right-of-way to an individual operating a motorcycle
14     after the individual has completed a lane filtering maneuver; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          41-6a-704, as last amended by Laws of Utah 2019, Chapter 49
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 41-6a-704 is amended to read:
26          41-6a-704. Overtaking and passing vehicles proceeding in same direction.
27          (1) (a) On any highway:
28          (i) the operator of a vehicle overtaking another vehicle proceeding in the same
29     direction shall:
30          (A) except as provided under Section 41-6a-705, promptly pass the overtaken vehicle
31     on the left at a safe distance; and
32          (B) enter a right-hand lane or the right side of the roadway only when safely clear of
33     the overtaken vehicle;
34          (ii) the operator of an overtaken vehicle:
35          (A) shall give way to the right in favor of the overtaking vehicle; and
36          (B) may not increase the speed of the vehicle until completely passed by the overtaking
37     vehicle.
38          (b) The exemption from the minimum speed regulations for a vehicle operating on a
39     grade under Section 41-6a-605 does not exempt the vehicle from promptly passing a vehicle as
40     required under Subsection (1)(a)(i)(A).
41          (2) On a highway having more than one lane in the same direction, the operator of a
42     vehicle traveling in the left general purpose lane:
43          (a) shall, upon being overtaken by another vehicle in the same lane, yield to the
44     overtaking vehicle by moving safely to a lane to the right; and
45          (b) may not impede the movement or free flow of traffic in the left general purpose
46     lane.
47          (3) An operator of a vehicle traveling in the left general purpose lane that has a vehicle
48     following directly behind the operator's vehicle at a distance so that less than two seconds
49     elapse before reaching the location of the operator's vehicle when space is available for the
50     operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie
51     evidence that the operator is violating Subsection (2).
52          (4) The provisions of Subsection (2) do not apply to an operator of a vehicle traveling
53     in the left general purpose lane when:
54          (a) overtaking and passing another vehicle proceeding in the same direction in
55     accordance with Subsection (1)(a)(i);
56          (b) preparing to turn left or taking a different highway or an exit on the left;
57          (c) responding to emergency conditions;
58          (d) avoiding actual or potential traffic moving onto the highway from an acceleration
59     or merging lane; or
60          (e) following the direction of a traffic-control device that directs the use of a designated
61     lane.
62          (5) (a) An individual may engage in lane filtering only when the following conditions
63     exist:
64          [(a)] (i) the individual is operating a motorcycle;
65          [(b)] (ii) the individual is on a roadway divided into two or more adjacent traffic lanes
66     in the same direction of travel;
67          [(c)] (iii) the individual is on a roadway with a speed limit of 45 miles per hour or less;
68          [(d)] (iv) the vehicle being overtaken in the same lane is stopped;
69          [(e)] (v) the motorcycle is traveling at a speed of 15 miles per hour or less; and
70          [(f)] (vi) the movement may be made safely.
71          (b) After a lane filtering maneuver is complete, and after a traffic control device or
72     traffic flow conditions allow traffic to proceed, the individual operating the motorcycle has the
73     right-of-way, and any individual operating a vehicle that was overtaken by the individual
74     operating the motorcycle shall yield the right-of-way to the overtaking motorcycle.
75          (6) A violation of Subsection (1), (2), or (5) is an infraction.