1     
CYCLIST TRAFFIC AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carol Spackman Moss

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends traffic code provisions relating to operating a bicycle on the roadway.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows an individual operating a bicycle to yield at stop signs under certain
13     circumstances; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          41-6a-902, as last amended by Laws of Utah 2015, Chapter 412
22          41-6a-1105, as renumbered and amended by Laws of Utah 2005, Chapter 2
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 41-6a-902 is amended to read:
26          41-6a-902. Right-of-way -- Stop or yield signals -- Yield -- Collisions at
27     intersections or junctions of roadways -- Evidence.
28          (1) Preferential right-of-way may be indicated by stop signs or yield signs under
29     Section 41-6a-906.

30          (2) (a) Except as provided in Section 41-6a-1105, or when directed to proceed by a
31     peace officer, every operator of a vehicle approaching a stop sign shall stop:
32          (i) at a clearly marked stop line;
33          (ii) before entering the crosswalk on the near side of the intersection if there is not a
34     clearly marked stop line; or
35          (iii) at a point nearest the intersecting roadway where the operator has a view of
36     approaching traffic on the intersecting roadway before entering it if there is not a clearly
37     marked stop line or a crosswalk.
38          (b) After having stopped at a stop sign, the operator of a vehicle shall yield the
39     right-of-way to any vehicle in the intersection or approaching on another roadway so closely as
40     to constitute an immediate hazard.
41          (c) The operator of a vehicle approaching a stop sign shall yield the right-of-way to
42     pedestrians within an adjacent crosswalk.
43          (3) (a) The operator of a vehicle approaching a yield sign shall:
44          (i) slow down to a speed reasonable for the existing conditions; and
45          (ii) if required for safety, stop as provided under Subsection (2).
46          (b) (i) After slowing or stopping at a yield sign, the operator of a vehicle shall yield the
47     right-of-way to any vehicle in the intersection or approaching on another roadway so closely as
48     to constitute an immediate hazard during the time the operator is moving across or within the
49     intersection or junction of roadways.
50          (ii) The operator of a vehicle approaching a yield sign shall yield to pedestrians within
51     an adjacent crosswalk.
52          (4) (a) A collision is prima facie evidence of an operator's failure to yield the
53     right-of-way after passing a yield sign without stopping if the operator is involved in a
54     collision:
55          (i) with a vehicle in the intersection or junction of roadways; or
56          (ii) with a pedestrian at an adjacent crosswalk.
57          (b) A collision under Subsection (4)(a) is not considered negligence per se in

58     determining liability for the accident.
59          (5) A violation of Subsection (2) or (3) is an infraction.
60          Section 2. Section 41-6a-1105 is amended to read:
61          41-6a-1105. Operation of bicycle or moped on and use of roadway -- Duties,
62     prohibitions.
63          (1) A person operating a bicycle or a moped on a roadway at less than the normal speed
64     of traffic at the time and place and under the conditions then existing shall ride as near as
65     practicable to the right-hand edge of the roadway except when:
66          (a) overtaking and passing another bicycle or vehicle proceeding in the same direction;
67          (b) preparing to make a left turn at an intersection or into a private road or driveway;
68          (c) traveling straight through an intersection that has a right-turn only lane that is in
69     conflict with the straight through movement; or
70          (d) reasonably necessary to avoid conditions that make it unsafe to continue along the
71     right-hand edge of the roadway including:
72          (i) fixed or moving objects;
73          (ii) parked or moving vehicles;
74          (iii) bicycles;
75          (iv) pedestrians;
76          (v) animals;
77          (vi) surface hazards; or
78          (vii) a lane that is too narrow for a bicycle and a vehicle to travel safely side by side
79     within the lane.
80          (2) A person operating a bicycle or moped on a highway shall operate in the designated
81     direction of traffic.
82          (3) (a) A person riding a bicycle or moped on a roadway may not ride more than two
83     abreast with another person except on paths or parts of roadways set aside for the exclusive use
84     of bicycles.
85          (b) If allowed under Subsection (3)(a), a person riding two abreast with another person

86     may not impede the normal and reasonable movement of traffic and shall ride within a single
87     lane.
88          (4) If a usable path for bicycles has been provided adjacent to a roadway, a bicycle
89     rider may be directed by a traffic-control device to use the path and not the roadway.
90          (5) (a) As used in this Subsection (5), "immediate hazard" means a vehicle approaching
91     an intersection at a proximity and rate of speed sufficient to indicate to a reasonable person that
92     there is a danger of collision or accident.
93          (b) Except as provided in Subsection (6), an individual operating a bicycle approaching
94     a stop sign may proceed through the intersection without stopping at the stop sign if:
95          (i) the individual slows to a reasonable speed; and
96          (ii) yields the right-of-way to:
97          (A) any pedestrian within the intersection or an adjacent crosswalk;
98          (B) other traffic within the intersection; and
99          (C) oncoming traffic that poses an immediate hazard during the time the individual is
100     traveling through the intersection.
101          (6) Subsection (5)(b) does not apply to an intersection with an active railroad grade
102     crossing as defined in Section 41-6a-1005.