7 LONG TITLE
8 General Description:
9 This bill amends the offense of reckless driving to include certain speeding violations.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends penalties for a violation related to speed races on a highway;
13 ▸ allows the seizure of a vehicle that is not street legal that is engaged with a speed
14 race or exhibition of speed on a highway;
15 ▸ provides a minimum fine for a speeding violation where the individual was
16 traveling at a speed of 100 miles per hour or more;
17 ▸ amends the offense of reckless driving to include traveling on a highway at a speed
18 of 105 miles-per-hour or greater; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 41-6a-528, as last amended by Laws of Utah 2009, Chapter 292
27 41-6a-601, as last amended by Laws of Utah 2019, Chapter 149
28 41-6a-606, as last amended by Laws of Utah 2017, Chapter 181
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 41-6a-528 is amended to read:
32 41-6a-528. Reckless driving -- Penalty.
33 (1) A person is guilty of reckless driving who operates a vehicle[
34 wanton disregard for the safety of persons or property[
38 (2) For purposes of this section, "willful or wanton disregard for the safety of persons
39 or property" includes:
40 (a) traveling on a highway at a speed of 105 miles-per-hour or greater; or
41 (b) committing three or more traffic violations under Title 41, Chapter 6a, Traffic
42 Code, in a series of acts occurring within a single continuous period of driving covering three
43 miles or less in total distance.
45 Section 2. Section 41-6a-601 is amended to read:
46 41-6a-601. Speed regulations -- Safe and appropriate speeds at certain locations
47 -- Prima facie speed limits -- Emergency power of the governor.
48 (1) A person may not operate a vehicle at a speed greater than is reasonable and
49 prudent under the existing conditions, giving regard to the actual and potential hazards then
50 existing, including when:
51 (a) approaching and crossing an intersection or railroad grade crossing;
52 (b) approaching and going around a curve;
53 (c) approaching a hill crest;
54 (d) traveling upon any narrow or winding roadway;
55 (e) traveling in, through, or approaching other hazards that exist due to pedestrians,
56 other traffic, weather, or highway conditions; and
57 (f) the speed causes the person to fail to maintain control of the vehicle or stay within a
58 single lane of travel.
59 (2) Subject to Subsections (1) and (4) and Sections 41-6a-602 and 41-6a-603, the
60 following speeds are lawful:
61 (a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303;
62 (b) 25 miles per hour in any urban district; and
63 (c) 55 miles per hour in other locations.
64 (3) Except as provided in Section 41-6a-604, any speed in excess of the limits provided
65 in this section or established under Sections 41-6a-602 and 41-6a-603 is prima facie evidence
66 that the speed is not reasonable or prudent and that it is unlawful.
67 (4) (a) A violation of Subsection (1) is an infraction.
68 (b) For an individual convicted of a speed violation where the individual was operating
69 at a speed of 100 miles per hour or more, the court shall impose a fine not less than 150% of
70 the suggested fine in the uniform fine schedule authorized in Section 76-3-301.5 and in effect
71 at the time of the citation.
72 (5) The governor by proclamation in time of war or emergency may change the speed
73 limits on the highways of the state.
74 Section 3. Section 41-6a-606 is amended to read:
75 41-6a-606. Speed contest or exhibition on highway -- Barricade or obstruction --
76 -- Spectators of a speed contest -- Seizure of non-street legal vehicles.
77 (1) A person may not engage in any motor vehicle speed contest or exhibition of speed
78 on a highway.
79 (2) A person may not, in any manner, obstruct or place any barricade or obstruction or
80 assist or participate in placing any barricade or obstruction upon any highway for any purpose
81 prohibited under Subsection (1).
82 (3) (a) A person who violates Subsection (1) is guilty of a class [
83 (b) A person who violates Subsection (2) is guilty of a class B misdemeanor.
84 (4) (a) In addition to the penalty provided under this section or any other section, a
85 person who violates Subsection (1) shall have the person's driver license suspended under
86 Subsection 53-3-220(1)(a)(xv) for a period of:
87 (i) 60 days for a first offense; and
88 (ii) 90 days for a second offense within three years of a prior offense.
89 (b) The court shall forward the report of the conviction to the Driver License Division
90 in accordance with Section 53-3-218.
91 (5) A motor vehicle that is not street legal that is operated or used in a manner that
92 violates this section is subject to seizure in accordance with Title 24, Chapter 2, Seizure of