Chief Sponsor: Stephanie Gricius

Senate Sponsor: Michael S. Kennedy


8     General Description:
9          This bill amends provisions related to high occupancy vehicle lanes on a highway to
10     consider a vehicle with a pregnant individual as containing two occupants for purposes
11     of high occupancy vehicle lane purposes.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends provisions related to high occupancy vehicle lanes on a highway to count a
15     pregnant individual as two occupants for purposes of high occupancy vehicle lane
16     purposes; and
17          ▸     enacts an affirmative defense provision that allows a pregnant individual to provide
18     evidence of pregnancy as cause for citation dismissal.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          41-6a-702, as last amended by Laws of Utah 2020, Chapter 74

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 41-6a-702 is amended to read:
29          41-6a-702. Left lane restrictions -- Exceptions -- Other lane restrictions --
30     Penalties.
31          (1) As used in this section and Section 41-6a-704, "general purpose lane" means a
32     highway lane open to vehicular traffic but does not include a designated:
33          (a) high occupancy vehicle (HOV) lane; or
34          (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
35     off-ramp.
36          (2) On a freeway or section of a freeway which has three or more general purpose lanes
37     in the same direction, a person may not operate a vehicle in the left most general purpose lane
38     if the person's vehicle or combination of vehicles has a gross vehicle weight rating of 18,001 or
39     more pounds.
40          (3) Subsection (2) does not apply to a person operating a vehicle who is:
41          (a) preparing to turn left or taking a different highway split or an exit on the left;
42          (b) responding to emergency conditions;
43          (c) avoiding actual or potential traffic moving onto the highway from an acceleration or
44     merging lane; or
45          (d) following direction signs that direct use of a designated lane.
46          (4) (a) A highway authority may designate a specific lane or lanes of travel for any type
47     of vehicle on a highway or portion of a highway under its jurisdiction for the:
48          (i) safety of the public;
49          (ii) efficient maintenance of a highway; or
50          (iii) use of high occupancy vehicles.
51          (b) The lane designation under Subsection (4)(a) is effective when appropriate signs or
52     roadway markings giving notice are erected on the highway or portion of the highway.
53          (c) For purposes of determining the occupancy of a vehicle for use of a high occupancy
54     vehicle lane, when a pregnant individual is driving with no other individuals in the vehicle, the
55     vehicle is considered to have at least two occupants.
56          (5) (a) Subject to Subsection (5)(b), the lane designation under Subsection (4)(a)(iii)
57     shall allow a vehicle with a clean fuel vehicle decal issued in accordance with Section 72-6-121
58     to travel in lanes designated for the use of high occupancy vehicles regardless of the number of

59     occupants as permitted by federal law or federal regulation.
60          (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
61     the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
62     decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
63     number of occupants as permitted by federal law or federal regulation.
64          (ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
65     not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121.
66          (iii) The Department of Transportation may, through rules made under Subsection
67     (5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
68     72-6-121 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
69     allow the Department of Transportation to continue to meet its goals for operational
70     management of the lane designated under Subsection (4)(a)(iii).
71          (6) A public transportation vehicle may operate in a lane designated under Subsection
72     (4)(a)(iii) regardless of the number of occupants as permitted by federal law and regulation.
73          (7) (a) [A] Subject to Subsection (7)(b), a person who operates a vehicle in violation of
74     Subsection (2) or in violation of the restrictions made under Subsection (4) is guilty of an
75     infraction.
76          (b) An individual who is pregnant at the time of citation for violation of high
77     occupancy vehicle lane minimum occupancy, may establish an affirmative defense to dismiss
78     the citation by providing medical documentation signed by the individual's physician in which
79     the physician attests that the individual was pregnant on the date of the citation.