1     
TRAFFIC SAFETY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to traffic and motor vehicles.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes the requirement to carry proof of motor vehicle registration in some
13     circumstances;
14          ▸     increases from $1,500 to $2,500 the apparent property damage value threshold at
15     which an individual is required to file a report with the Department of Public Safety
16     after an accident;
17          ▸     allows the use of lane markings to indicate which types of vehicles are allowed to
18     operate in certain lanes of traffic;
19          ▸     amends provisions related to operation of a motor vehicle in the vicinity of an
20     emergency or maintenance vehicle with flashing lights, whether moving or
21     stationary, including when an operator is required to change lanes or prohibit from
22     passing;
23          ▸     amends provisions related to lane filtering and the operation of a motor vehicle
24     between lanes of traffic; and
25          ▸     makes technical changes.
26     Money Appropriated in this Bill:
27          None

28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          41-1a-1305, as renumbered and amended by Laws of Utah 1992, Chapter 1
33          41-6a-402, as last amended by Laws of Utah 2015, Chapter 412
34          41-6a-702, as last amended by Laws of Utah 2019, Chapter 431
35          41-6a-904, as last amended by Laws of Utah 2018, Chapter 417
36          41-6a-1502, as last amended by Laws of Utah 2015, Chapter 412
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 41-1a-1305 is amended to read:
40          41-1a-1305. License plate and registration card violations -- Class C
41     misdemeanor.
42          It is a class C misdemeanor:
43          (1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
44     on it for holding or displaying any license plate or registration card attached for denoting
45     registration and identity of the vehicle;
46          (2) to remove from any registered vehicle the license plate or registration card issued or
47     attached to it for its registration;
48          (3) to place or display any license plate or registration card upon any other vehicle than
49     the one for which it was issued by the division;
50          (4) to use or permit the use or display of any license plate, registration card, or permit
51     upon or in the operation of any vehicle other than that for which it was issued;
52          (5) to operate upon any highway of this state any vehicle required by law to be
53     registered without having the license plate or plates securely attached, [and the registration card
54     issued by the division carried in the vehicle,] except that the registration card issued by the
55     division to all trailers and semitrailers shall be carried in the towing vehicle;
56          (6) for any weighmaster to knowingly make any false entry in his record of weights of
57     vehicles subject to registration or to knowingly report to the commission or division any false
58     information regarding the weights;

59          (7) for any inspector, officer, agent, employee, or other person performing any of the
60     functions required for the registration or operation of vehicles subject to registration, to do,
61     permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
62     probable effect of the act would be to injure any person, deprive him of his property, or to
63     injure or defraud the state with respect to its revenues relating to title or registration of
64     vehicles;
65          (8) for any person to combine or conspire with another to do, attempt to do, or cause or
66     allow any of the acts in this chapter classified as a misdemeanor;
67          (9) to operate any motor vehicle with a camper mounted on it upon any highway
68     without displaying a current decal in clear sight upon the rear of the camper, issued by the
69     county assessor of the county in which the camper has situs for taxation;
70          (10) to manufacture, use, display, or sell any facsimile or reproduction of any license
71     plate issued by the division or any article that would appear to be a substitute for a license
72     plate; or
73          (11) to fail to return to the division any registration card, license plate or plates, decal,
74     permit, or title that has been canceled, suspended, voided, or revoked.
75          Section 2. Section 41-6a-402 is amended to read:
76          41-6a-402. Accident reports -- Duty of operator and investigative officer to file.
77          (1) The department may require any operator of a vehicle involved in an accident
78     resulting in injury to or death of any person or total property damage to the apparent extent of
79     [$1,500] $2,500 or more to file within 10 days after the request:
80          (a) a report of the accident to the department in a manner specified by the department;
81     and
82          (b) a supplemental report when the original report is insufficient in the opinion of the
83     department.
84          (2) The department may require witnesses of accidents to file reports to the department.
85          (3) (a) An accident report is not required under this section from any person who is
86     physically incapable of making a report, during the period of incapacity.
87          (b) If the operator is physically incapable of making an accident report under this
88     section and the operator is not the owner of the vehicle, the owner of the vehicle involved in
89     the accident shall within 15 days after becoming aware of the accident make the report required

90     of the operator under this section.
91          (4) (a) The department shall, upon request, supply to law enforcement agencies, justice
92     court judges, sheriffs, garages, and other appropriate agencies or individuals forms for accident
93     reports required under this part.
94          (b) A request for an accident report form under Subsection (4)(a) shall be made in a
95     manner specified by the division.
96          (c) The accident reports shall:
97          (i) provide sufficient detail to disclose the cause, conditions then existing, and the
98     persons and vehicles involved in the accident; and
99          (ii) contain all of the information required that is available.
100          (5) (a) A person shall file an accident report if required under this section.
101          (b) The department shall suspend the license or permit to operate a motor vehicle and
102     any nonresident operating privileges of any person failing to file an accident report in
103     accordance with this section.
104          (c) The suspension under Subsection (5)(b) shall be in effect until the report has been
105     filed except that the department may extend the suspension not to exceed 30 days.
106          (6) (a) A peace officer who, in the regular course of duty, investigates a motor vehicle
107     accident described under Subsection (1) shall file an electronic copy of the report of the
108     accident with the department within 10 days after completing the investigation.
109          (b) The accident report shall be made either at the time of and at the scene of the
110     accident or later by interviewing participants or witnesses.
111          (7) The accident reports required to be filed with the department under this section and
112     the information in them are protected and confidential and may be disclosed only as provided
113     in Section 41-6a-404.
114          (8) (a) In addition to the reports required under this part, a local highway authority
115     may, by ordinance, require that for each accident that occurs within its jurisdiction, the operator
116     of a vehicle involved in an accident, or the owner of the vehicle involved in an accident, shall
117     file with the local law enforcement agency a report of the accident or a copy of any report
118     required to be filed with the department under this part.
119          (b) All reports are for the confidential use of the municipal department and are subject
120     to the provisions of Section 41-6a-404.

121          (9) A violation of this section is an infraction.
122          Section 3. Section 41-6a-702 is amended to read:
123          41-6a-702. Left lane restrictions -- Exceptions -- Other lane restrictions --
124     Penalties.
125          (1) As used in this section and Section 41-6a-704, "general purpose lane" means a
126     highway lane open to vehicular traffic but does not include a designated:
127          (a) high occupancy vehicle (HOV) lane; or
128          (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
129     off-ramp.
130          (2) On a freeway or section of a freeway which has three or more general purpose lanes
131     in the same direction, a person may not operate a vehicle in the left most general purpose lane
132     if the person's vehicle or combination of vehicles has a gross vehicle weight rating of 12,001 or
133     more pounds.
134          (3) Subsection (2) does not apply to a person operating a vehicle who is:
135          (a) preparing to turn left or taking a different highway split or an exit on the left;
136          (b) responding to emergency conditions;
137          (c) avoiding actual or potential traffic moving onto the highway from an acceleration or
138     merging lane; or
139          (d) following direction signs that direct use of a designated lane.
140          (4) (a) A highway authority may designate a specific lane or lanes of travel for any type
141     of vehicle on a highway or portion of a highway under its jurisdiction for the:
142          (i) safety of the public;
143          (ii) efficient maintenance of a highway; or
144          (iii) use of high occupancy vehicles.
145          (b) The lane designation under Subsection (4)(a) is effective when appropriate signs or
146     roadway markings giving notice are erected on the highway or portion of the highway.
147          (5) (a) Subject to Subsection (5)(b), the lane designation under Subsection (4)(a)(iii)
148     shall allow a vehicle with a clean fuel vehicle decal issued in accordance with Section 72-6-121
149     to travel in lanes designated for the use of high occupancy vehicles regardless of the number of
150     occupants as permitted by federal law or federal regulation.
151          (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,

152     the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
153     decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
154     number of occupants as permitted by federal law or federal regulation.
155          (ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
156     not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121.
157          (iii) The Department of Transportation may, through rules made under Subsection
158     (5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
159     72-6-121 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
160     allow the Department of Transportation to continue to meet its goals for operational
161     management of the lane designated under Subsection (4)(a)(iii).
162          (6) A public transportation vehicle may operate in a lane designated under Subsection
163     (4)(a)(iii) regardless of the number of occupants as permitted by federal law and regulation.
164          (7) A person who operates a vehicle in violation of Subsection (2) or in violation of the
165     restrictions made under Subsection (4) is guilty of an infraction.
166          Section 4. Section 41-6a-904 is amended to read:
167          41-6a-904. Approaching emergency vehicle -- Necessary signals -- Stationary
168     emergency vehicle -- Duties of respective operators.
169          (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
170     the immediate approach of an authorized emergency vehicle using audible or visual signals
171     under Section 41-6a-212 or 41-6a-1625, shall:
172          (a) yield the right-of-way and immediately move to a position parallel to, and as close
173     as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
174          (b) then stop and remain stopped until the authorized emergency vehicle has passed.
175          (2) (a) The operator of a vehicle, upon approaching a stationary authorized emergency
176     vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
177          (i) reduce the speed of the vehicle;
178          (ii) provide as much space as practical to the stationary authorized emergency vehicle;
179     and
180          (iii) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
181     practical, with due regard to safety and traffic conditions, make a lane change into a lane not
182     adjacent to the authorized emergency vehicle.

183          (b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
184     stationary authorized emergency vehicle that is displaying alternately flashing red, red and
185     white, or red and blue lights, the requirements in Subsection (2)(a) apply.
186          (ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
187     authorized emergency vehicle that is displaying alternately flashing red, red and white, or red
188     and blue lights, shall, if practical, with due regard to safety and traffic conditions, make a lane
189     change out of the HOV lane into a lane not adjacent to the authorized emergency vehicle.
190          (3) (a) The operator of a vehicle, upon approaching a stationary tow truck or highway
191     maintenance vehicle that is displaying flashing amber lights, shall:
192          (i) reduce the speed of the vehicle; [and]
193          (ii) provide as much space as practical to the stationary tow truck or highway
194     maintenance vehicle[.]; and
195          (iii) if traveling in a lane adjacent to the stationary tow truck or highway maintenance
196     vehicle, if practical and with due regard to safety and traffic conditions, make a lane change
197     into a lane not adjacent to the tow truck or highway maintenance vehicle.
198          (b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
199     stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights,
200     the requirements in Subsection (3)(a) apply.
201          [(b)] (ii) The operator of a vehicle traveling in an HOV lane, upon approaching a
202     stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights,
203     shall, if practical, with due regard to safety and traffic conditions, make a lane change out of
204     the HOV lane into a lane not adjacent to the tow truck or highway maintenance vehicle.
205          (4) When an authorized emergency vehicle is using audible or visual signals under
206     Section 41-6a-212 or 41-6a-1625, the operator of a vehicle may not:
207          (a) follow closer than 500 feet behind the authorized emergency vehicle;
208          (b) pass the authorized emergency vehicle, if the authorized emergency vehicle is
209     moving; or
210          (c) stop the vehicle within 500 feet of a fire apparatus which has stopped in answer to a
211     fire alarm.
212          [(4)] (5) This section does not relieve the operator of an authorized emergency vehicle,
213     tow truck, or highway maintenance vehicle from the duty to drive with regard for the safety of

214     all persons using the highway.
215          [(5)] (6) (a) (i) In addition to the penalties prescribed under Subsection [(7)] (8), a
216     person who violates this section shall attend a four hour live classroom defensive driving
217     course approved by:
218          (A) the Driver License Division; or
219          (B) a court in this state.
220          (ii) Upon completion of the four hour live classroom course under Subsection [(5)]
221     (6)(a)(i), the person shall provide to the Driver License Division a certificate of attendance of
222     the classroom course.
223          (b) The Driver License Division shall suspend a person's driver license for a period of
224     90 days if the person:
225          (i) violates a provision of Subsections (1) through (3); and
226          (ii) fails to meet the requirements of Subsection [(5)] (6)(a)(i) within 90 days of
227     sentencing for or pleading guilty to a violation of this section.
228          (c) Notwithstanding the provisions of Subsection [(5)] (6)(b), the Driver License
229     Division shall shorten the 90-day suspension period imposed under Subsection [(5)] (6)(b)
230     effective immediately upon receiving a certificate of attendance of the four hour live classroom
231     course required under Subsection [(5)] (6)(a)(i) if the certificate of attendance is received
232     before the completion of the suspension period.
233          (d) A person whose license is suspended under Subsection [(5)] (6)(b) and a person
234     whose suspension is shortened as described under Subsection [(5)] (6)(c) shall pay the license
235     reinstatement fees under Subsection 53-3-105[(24)](26).
236          [(6)] (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
237     Act, the Driver License Division shall make rules to implement the provisions of this part.
238          [(7)] (8) A violation of Subsection (1), (2), or (3) is an infraction.
239          Section 5. Section 41-6a-1502 is amended to read:
240          41-6a-1502. Motorcycles, motor-driven cycles, or all-terrain type I vehicles --
241     Operation on public highways.
242          (1) (a) A motorcycle or a motor-driven cycle is entitled to full use of a lane.
243          (b) [A person] An individual may not operate a motor vehicle in a manner that deprives
244     a motorcycle or motor-driven cycle of the full use of a lane.

245          (c) This Subsection (1) does not apply to motorcycles or motor-driven cycles operated
246     two abreast in a single lane.
247          (2) The operator of a motorcycle or motor-driven cycle may not overtake and pass in
248     the same lane occupied by the vehicle being overtaken.
249          (3) (a) [A person] Except as described in Subsection (3)(b), an individual may not
250     operate a motorcycle or motor-driven cycle between:
251          [(a)] (i) lanes of traffic; or
252          [(b)] (ii) adjacent lines or rows of vehicles.
253          (b) Subsection (3)(a) does not apply to an individual operating a motorcycle engaging
254     in lane filtering as described in Section 41-6a-704.
255          (4) Motorcycles or motor-driven cycles may not be operated more than two abreast in a
256     single lane.
257          (5) Subsections (2) and (3)(a) do not apply to peace officers acting in the peace
258     officers' official capacities.
259          (6) The provisions of this section also apply to all-terrain type I vehicles.
260          (7) A violation of this section is an infraction.