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7 LONG TITLE
8 General Description:
9 This bill defines terms and requires state agencies and local authorities to consider
10 persons with mobility disabilities during planning and construction of bicycle trails.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines "mobility disability" and "soft-surface trail";
14 ▸ requires a state agency or local authority to consider accommodations for persons
15 with mobility disabilities while planning and constructing trails; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-102, as last amended by Laws of Utah 2020, Chapters 84 and 354
24 41-6a-1115.5, as last amended by Laws of Utah 2018, Chapter 175
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 41-6a-102 is amended to read:
28 41-6a-102. Definitions.
29 As used in this chapter:
30 (1) "Alley" means a street or highway intended to provide access to the rear or side of
31 lots or buildings in urban districts and not intended for through vehicular traffic.
32 (2) "All-terrain type I vehicle" means the same as that term is defined in Section
33 41-22-2.
34 (3) "Authorized emergency vehicle" includes:
35 (a) fire department vehicles;
36 (b) police vehicles;
37 (c) ambulances; and
38 (d) other publicly or privately owned vehicles as designated by the commissioner of the
39 Department of Public Safety.
40 (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
41 (5) (a) "Bicycle" means a wheeled vehicle:
42 (i) propelled by human power by feet or hands acting upon pedals or cranks;
43 (ii) with a seat or saddle designed for the use of the operator;
44 (iii) designed to be operated on the ground; and
45 (iv) whose wheels are not less than 14 inches in diameter.
46 (b) "Bicycle" includes an electric assisted bicycle.
47 (c) "Bicycle" does not include scooters and similar devices.
48 (6) (a) "Bus" means a motor vehicle:
49 (i) designed for carrying more than 15 passengers and used for the transportation of
50 persons; or
51 (ii) designed and used for the transportation of persons for compensation.
52 (b) "Bus" does not include a taxicab.
53 (7) (a) "Circular intersection" means an intersection that has an island, generally
54 circular in design, located in the center of the intersection where traffic passes to the right of
55 the island.
56 (b) "Circular intersection" includes:
57 (i) roundabouts;
58 (ii) rotaries; and
59 (iii) traffic circles.
60 (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle described in
61 Subsection (17)(d)(i).
62 (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle described in
63 Subsection (17)(d)(ii).
64 (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle described in
65 Subsection (17)(d)(iii).
66 (11) "Commissioner" means the commissioner of the Department of Public Safety.
67 (12) "Controlled-access highway" means a highway, street, or roadway:
68 (a) designed primarily for through traffic; and
69 (b) to or from which owners or occupants of abutting lands and other persons have no
70 legal right of access, except at points as determined by the highway authority having
71 jurisdiction over the highway, street, or roadway.
72 (13) "Crosswalk" means:
73 (a) that part of a roadway at an intersection included within the connections of the
74 lateral lines of the sidewalks on opposite sides of the highway measured from:
75 (i) (A) the curbs; or
76 (B) in the absence of curbs, from the edges of the traversable roadway; and
77 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
78 included within the extension of the lateral lines of the existing sidewalk at right angles to the
79 centerline; or
80 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
81 pedestrian crossing by lines or other markings on the surface.
82 (14) "Department" means the Department of Public Safety.
83 (15) "Direct supervision" means oversight at a distance within which:
84 (a) visual contact is maintained; and
85 (b) advice and assistance can be given and received.
86 (16) "Divided highway" means a highway divided into two or more roadways by:
87 (a) an unpaved intervening space;
88 (b) a physical barrier; or
89 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
90 (17) "Electric assisted bicycle" means a bicycle with an electric motor that:
91 (a) has a power output of not more than 750 watts;
92 (b) has fully operable pedals on permanently affixed cranks;
93 (c) is fully operable as a bicycle without the use of the electric motor; and
94 (d) is one of the following:
95 (i) an electric assisted bicycle equipped with a motor or electronics that:
96 (A) provides assistance only when the rider is pedaling; and
97 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
98 hour;
99 (ii) an electric assisted bicycle equipped with a motor or electronics that:
100 (A) may be used exclusively to propel the bicycle; and
101 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
102 miles per hour; or
103 (iii) an electric assisted bicycle equipped with a motor or electronics that:
104 (A) provides assistance only when the rider is pedaling;
105 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
106 hour; and
107 (C) is equipped with a speedometer.
108 (18) (a) "Electric personal assistive mobility device" means a self-balancing device
109 with:
110 (i) two nontandem wheels in contact with the ground;
111 (ii) a system capable of steering and stopping the unit under typical operating
112 conditions;
113 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
114 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
115 (v) a deck design for a person to stand while operating the device.
116 (b) "Electric personal assistive mobility device" does not include a wheelchair.
117 (19) "Explosives" means a chemical compound or mechanical mixture commonly used
118 or intended for the purpose of producing an explosion and that contains any oxidizing and
119 combustive units or other ingredients in proportions, quantities, or packing so that an ignition
120 by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
121 may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
122 capable of producing destructive effects on contiguous objects or of causing death or serious
123 bodily injury.
124 (20) "Farm tractor" means a motor vehicle designed and used primarily as a farm
125 implement, for drawing plows, mowing machines, and other implements of husbandry.
126 (21) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
127 as determined by a [
128 (22) "Freeway" means a controlled-access highway that is part of the interstate system
129 as defined in Section 72-1-102.
130 (23) (a) "Golf cart" means a device that:
131 (i) is designed for transportation by players on a golf course;
132 (ii) has not less than three wheels in contact with the ground;
133 (iii) has an unladen weight of less than 1,800 pounds;
134 (iv) is designed to operate at low speeds; and
135 (v) is designed to carry not more than six persons including the driver.
136 (b) "Golf cart" does not include:
137 (i) a low-speed vehicle or an off-highway vehicle;
138 (ii) a motorized wheelchair;
139 (iii) an electric personal assistive mobility device;
140 (iv) an electric assisted bicycle;
141 (v) a motor assisted scooter;
142 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
143 (vii) a mobile carrier, as defined in Section 41-6a-1120.
144 (24) "Gore area" means the area delineated by two solid white lines that is between a
145 continuing lane of a through roadway and a lane used to enter or exit the continuing lane
146 including similar areas between merging or splitting highways.
147 (25) "Gross weight" means the weight of a vehicle without a load plus the weight of
148 any load on the vehicle.
149 (26) "Highway" means the entire width between property lines of every way or place of
150 any nature when any part of it is open to the use of the public as a matter of right for vehicular
151 travel.
152 (27) "Highway authority" means the same as that term is defined in Section 72-1-102.
153 (28) (a) "Intersection" means the area embraced within the prolongation or connection
154 of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or
155 more highways that join one another.
156 (b) Where a highway includes two roadways 30 feet or more apart:
157 (i) every crossing of each roadway of the divided highway by an intersecting highway
158 is a separate intersection; and
159 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
160 every crossing of two roadways of the highways is a separate intersection.
161 (c) "Intersection" does not include the junction of an alley with a street or highway.
162 (29) "Island" means an area between traffic lanes or at an intersection for control of
163 vehicle movements or for pedestrian refuge designated by:
164 (a) pavement markings, which may include an area designated by two solid yellow
165 lines surrounding the perimeter of the area;
166 (b) channelizing devices;
167 (c) curbs;
168 (d) pavement edges; or
169 (e) other devices.
170 (30) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
171 act of overtaking and passing another vehicle that is stopped in the same direction of travel in
172 the same lane.
173 (31) "Law enforcement agency" means the same as that term is as defined in Section
174 53-1-102.
175 (32) "Limited access highway" means a highway:
176 (a) that is designated specifically for through traffic; and
177 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
178 persons have any right or easement, or have only a limited right or easement of access, light,
179 air, or view.
180 (33) "Local highway authority" means the legislative, executive, or governing body of
181 a county, municipal, or other local board or body having authority to enact laws relating to
182 traffic under the constitution and laws of the state.
183 (34) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
184 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
185 (ii) has a capacity of not more than six passengers, including a conventional driver or
186 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
187 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
188 (35) "Metal tire" means a tire, the surface of which in contact with the highway is
189 wholly or partly of metal or other hard nonresilient material.
190 (36) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
191 saddle that is less than 24 inches from the ground as measured on a level surface with properly
192 inflated tires.
193 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
194 (c) "Mini-motorcycle" does not include a motorcycle that is:
195 (i) designed for off-highway use; and
196 (ii) registered as an off-highway vehicle under Section 41-22-3.
197 (37) "Mobile home" means:
198 (a) a trailer or semitrailer that is:
199 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
200 place either permanently or temporarily; and
201 (ii) equipped for use as a conveyance on streets and highways; or
202 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
203 constructed for use as a mobile home, as defined in Subsection (37)(a), but that is instead used
204 permanently or temporarily for:
205 (i) the advertising, sale, display, or promotion of merchandise or services; or
206 (ii) any other commercial purpose except the transportation of property for hire or the
207 transportation of property for distribution by a private carrier.
208 (38) "Mobility disability" means the inability of a person to use one or more of the
209 person's extremities or difficulty with motor skills, that may include limitations with walking,
210 grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.
211 [
212 (i) pedals to permit propulsion by human power; and
213 (ii) a motor that:
214 (A) produces not more than two brake horsepower; and
215 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
216 level ground.
217 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
218 centimeters and the moped shall have a power drive system that functions directly or
219 automatically without clutching or shifting by the operator after the drive system is engaged.
220 (c) "Moped" does not include:
221 (i) an electric assisted bicycle; or
222 (ii) a motor assisted scooter.
223 [
224 (i) at least two wheels in contact with the ground;
225 (ii) a braking system capable of stopping the unit under typical operating conditions;
226 (iii) an electric motor not exceeding 2,000 watts;
227 (iv) either:
228 (A) handlebars and a deck design for a person to stand while operating the device; or
229 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
230 the device;
231 (v) a design for the ability to be propelled by human power alone; and
232 (vi) a maximum speed of 20 miles per hour on a paved level surface.
233 (b) "Motor assisted scooter" does not include:
234 (i) an electric assisted bicycle; or
235 (ii) a motor-driven cycle.
236 [
237 is propelled by electric power obtained from overhead trolley wires, but not operated upon
238 rails.
239 (b) "Motor vehicle" does not include:
240 (i) vehicles moved solely by human power;
241 (ii) motorized wheelchairs;
242 (iii) an electric personal assistive mobility device;
243 (iv) an electric assisted bicycle;
244 (v) a motor assisted scooter;
245 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
246 (vii) a mobile carrier, as defined in Section 41-6a-1120.
247 [
248 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
249 and designed to travel with not more than three wheels in contact with the ground; or
250 (b) an autocycle.
251 [
252 bicycle having:
253 (i) an engine with less than 150 cubic centimeters displacement; or
254 (ii) a motor that produces not more than five horsepower.
255 (b) "Motor-driven cycle" does not include:
256 (i) an electric personal assistive mobility device;
257 (ii) a motor assisted scooter; or
258 (iii) an electric assisted bicycle.
259 [
260 defined under Section 41-22-2.
261 [
262 41-22-2.
263 [
264 [
265 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
266 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
267 vehicle.
268 [
269 is occupied or not.
270 (b) "Park" or "parking" does not include:
271 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
272 in loading or unloading property or passengers; or
273 (ii) a motor vehicle with an engaged automated driving system that has achieved a
274 minimal risk condition, as those terms are defined in Section 41-26-102.1.
275 [
276 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
277 traffic laws.
278 [
279 (a) on foot; or
280 (b) in a wheelchair.
281 [
282 regulate pedestrians.
283 [
284 corporation, business trust, estate, trust, partnership, limited liability company, association,
285 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
286 [
287 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
288 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
289 (b) that is ordinarily used for transporting long or irregular shaped loads including
290 poles, pipes, or structural members generally capable of sustaining themselves as beams
291 between the supporting connections.
292 [
293 and used for vehicular travel by the owner and those having express or implied permission
294 from the owner, but not by other persons.
295 [
296 stationary rails.
297 [
298 authority of a public body or official or by a railroad and intended to give notice of the presence
299 of railroad tracks or the approach of a railroad train.
300 [
301 coupled with or operated without cars, and operated upon rails.
302 [
303 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
304 of direction, speed, and proximity that give rise to danger of collision unless one grants
305 precedence to the other.
306 [
307 ordinarily used for vehicular travel.
308 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
309 them are used by persons riding bicycles or other human-powered vehicles.
310 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
311 a highway includes two or more separate roadways.
312 [
313 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
314 signs as to be plainly visible at all times while set apart as a safety zone.
315 [
316 (i) complies with the color and identification requirements of the most recent edition of
317 "Minimum Standards for School Buses"; and
318 (ii) is used to transport school children to or from school or school activities.
319 (b) "School bus" does not include a vehicle operated by a common carrier in
320 transportation of school children to or from school or school activities.
321 [
322 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
323 and
324 (ii) constructed so that some part of its weight and that of its load rests on or is carried
325 by another vehicle.
326 (b) "Semitrailer" does not include a pole trailer.
327 [
328 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
329 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
330 or
331 (b) that portion of the road contiguous to the roadway for accommodation of stopped
332 vehicles, for emergency use, and for lateral support.
333 [
334 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
335 (65) (a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt that
336 is designated for the use of a bicycle.
337 (b) "Soft-surface trail" does not mean a trail:
338 (i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
339 federal law, regulation, or rule; or
340 (ii) located in whole or in part on land granted to the state or a political subdivision
341 subject to a conservation easement that prohibits the use of a motorized vehicle.
342 [
343 does not depend on compressed air for the support of the load.
344 [
345 occupied or not, for the purpose of and while actually engaged in receiving or discharging
346 passengers.
347 [
348 [
349 of a vehicle, whether occupied or not, except when:
350 (a) necessary to avoid conflict with other traffic; or
351 (b) in compliance with the directions of a peace officer or traffic-control device.
352 [
353 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
354 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
355 Section 41-6a-1509.
356 [
357 conveyances either singly or together while using any highway for the purpose of travel.
358 [
359 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
360 [
361 inconsistent with this chapter placed or erected by a highway authority for the purpose of
362 regulating, warning, or guiding traffic.
363 [
364 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
365 [
366 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
367 part of its weight rests upon the towing vehicle.
368 (b) "Trailer" does not include a pole trailer.
369 [
370 the transportation of property.
371 [
372 (a) designed and used primarily for drawing other vehicles; and
373 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
374 tractor.
375 [
376 (a) provided for vehicle operators making left turns in either direction;
377 (b) that is not used for passing, overtaking, or through travel; and
378 (c) that has been indicated by a lane traffic-control device that may include lane
379 markings.
380 [
381 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
382 less than 100 feet, for a distance of a quarter of a mile or more.
383 [
384 be transported or drawn on a highway, except a mobile carrier, as defined in Section
385 41-6a-1120, or a device used exclusively on stationary rails or tracks.
386 Section 2. Section 41-6a-1115.5 is amended to read:
387 41-6a-1115.5. Electric assisted bicycles -- Restrictions -- Penalties.
388 (1) Except as otherwise provided in this section, an electric assisted bicycle is subject
389 to the provisions under this chapter for a bicycle.
390 (2) An individual may operate an electric assisted bicycle on a path or trail designated
391 for the use of a bicycle.
392 (3) (a) A local authority or state agency may adopt an ordinance or rule to regulate or
393 restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted
394 bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state
395 agency.
396 (b) When enacting ordinances or making rules related to the use of a pathway or
397 soft-surface trail, and during the planning or construction of a pathway or soft-surface trail, a
398 local authority or state agency shall consider accommodations and increased trail access by a
399 person with a mobility disability.
400 (4) An individual under 16 years [
401 bicycle.
402 (5) An individual under 14 years [
403 bicycle with the electric motor engaged on any public property, highway, path, or sidewalk
404 unless the individual is under the direct supervision of the individual's parent or guardian.
405 (6) An individual under eight years [
406 bicycle with the electric motor engaged on any public property, highway, path, or sidewalk.
407 (7) The owner of an electric assisted bicycle may not authorize or knowingly permit an
408 individual to operate an electric assisted bicycle in violation of this section.
409 (8) (a) Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted
410 bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a
411 label in a prominent location on the electric assisted bicycle.
412 (b) Each manufacturer and each distributer shall ensure that the label is printed in Arial
413 font, in 9-point type or larger, and includes the:
414 (i) appropriate electric assisted bicycle classification number described in Section
415 41-6a-102;
416 (ii) top assisted speed; and
417 (iii) wattage of the motor.
418 (9) An individual who violates this section is guilty of an infraction.
419 (10) A class 2 electric assisted bicycle is subject to the restrictions of Section
420 41-6a-526.