1     
CYCLIST ROAD USE REQUIREMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael L. Kohler

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill requires an individual operating a bicycle or moped to use a designated bicycle
10     path if available.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires an individual operating a bicycle or moped to operate the bicycle or moped
14     in a designated bicycle path if available on the roadway; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          41-6a-1102, as renumbered and amended by Laws of Utah 2005, Chapter 2
23          41-6a-1105, as last amended by Laws of Utah 2021, Chapter 119
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 41-6a-1102 is amended to read:
27          41-6a-1102. Bicycle and device propelled by human power and moped riders
28     subject to chapter -- Exception.
29          (1) Except as provided under Subsection (2), Subsection 41-6a-1105(1), or as
30     otherwise specified under this part, [a person] an individual operating a bicycle, a vehicle or
31     device propelled by human power, or a moped has all the rights and is subject to the provisions
32     of this chapter applicable to the operator of any other vehicle.
33          (2) [A person] An individual operating a nonmotorized bicycle or a vehicle or device
34     propelled by human power is not subject to the penalties related to operator licenses under
35     alcohol and drug-related traffic offenses.
36          Section 2. Section 41-6a-1105 is amended to read:
37          41-6a-1105. Operation of bicycle or moped on and use of roadway -- Duties,
38     prohibitions.
39          (1) An individual operating a bicycle or moped on a roadway shall operate the bicycle
40     or moped within the path or part of the roadway set aside for the exclusive use of a bicycle or
41     moped if a path or part of the roadway set aside for the exclusive use of a bicycle or moped
42     exists on the roadway.
43          [(1)] (2) [A person] An individual operating a bicycle or a moped on a roadway at less
44     than the normal speed of traffic at the time and place and under the conditions then existing
45     shall ride as near as practicable to the right-hand edge of the roadway except when:
46          (a) overtaking and passing another bicycle or vehicle proceeding in the same direction;
47          (b) preparing to make a left turn at an intersection or into a private road or driveway;
48          (c) traveling straight through an intersection that has a right-turn only lane that is in
49     conflict with the straight through movement; or
50          (d) reasonably necessary to avoid conditions that make it unsafe to continue along the
51     right-hand edge of the roadway including:
52          (i) fixed or moving objects;
53          (ii) parked or moving vehicles;
54          (iii) bicycles;
55          (iv) pedestrians;
56          (v) animals;
57          (vi) surface hazards; or
58          (vii) a lane that is too narrow for a bicycle and a vehicle to travel safely side by side
59     within the lane.
60          [(2)] (3) [A person] An individual operating a bicycle or moped on a highway shall
61     operate in the designated direction of traffic.
62          [(3)] (4) (a) [A person] An individual riding a bicycle or moped on a roadway may not
63     ride more than two abreast with another [person] individual except on paths or parts of
64     roadways set aside for the exclusive use of bicycles.
65          (b) If allowed under Subsection [(3)(a)] (4)(a), [a person] an individual riding two
66     abreast with another [person] individual may not impede the normal and reasonable movement
67     of traffic and shall ride within a single lane.
68          [(4)] (5) If a usable path for bicycles has been provided adjacent to a roadway, a
69     bicycle rider may be directed by a traffic-control device to use the path and not the roadway.
70          [(5)] (6) (a) As used in this Subsection [(5)] (6), "immediate hazard" means a vehicle
71     approaching an intersection at a proximity and rate of speed sufficient to indicate to a
72     reasonable [person] individual that there is a danger of collision or accident.
73          (b) Except as provided in Subsection [(6)] (7), an individual operating a bicycle
74     approaching a stop sign may proceed through the intersection without stopping at the stop sign
75     if:
76          (i) the individual slows to a reasonable speed; and
77          (ii) yields the right-of-way to:
78          (A) any pedestrian within the intersection or an adjacent crosswalk;
79          (B) other traffic within the intersection; and
80          (C) oncoming traffic that poses an immediate hazard during the time the individual is
81     traveling through the intersection.
82          [(6)] (7) Subsection [(5)(b)] (6)(b) does not apply to an intersection with an active
83     railroad grade crossing as defined in Section 41-6a-1005.