Download Zipped Enrolled WP 9 HB0171.ZIP 12,672 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 171 Enrolled






Sponsor: Don E. Bush

                  This act modifies the Motor Vehicle Code to define a low-speed vehicle and consider it a
                  motor vehicle for purposes of the Utah Code. The act restricts a low-speed vehicle to certain
                  low-speed highways and allows a highway authority to impose additional restrictions. This
                  act exempts a low-speed vehicle from emissions inspections. This act takes effect on October
                  1, 2002.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      41-6-1, as last amended by Chapters 245 and 282, Laws of Utah 1998
                      41-6-117.6, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 41-6-1 is amended to read:
                       41-6-1. Definitions.
                      As used in this chapter:
                      (1) "Alley" means a street or highway intended to provide access to the rear or side of lots
                  or buildings in urban districts and not intended for through vehicular traffic.
                      (2) "All-terrain type I vehicle" is used as defined in Section 41-22-2 .
                      (3) "Authorized emergency vehicle" means fire department vehicles, police vehicles,
                  ambulances, and other publicly or privately owned vehicles as designated by the commissioner of
                  the Department of Public Safety.
                      (4) "Bicycle" means every device propelled by human power upon which any person may
                  ride, having two tandem wheels, except scooters and similar devices.
                      (5) "Bus" means every motor vehicle designed for carrying more than 15 passengers and
                  used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and

                  used for the transportation of persons for compensation.
                      (6) "Controlled-access highway" means every highway, street, or roadway to or from which
                  owners or occupants of abutting lands and other persons have no legal right of access, except at
                  points as determined by the public authority having jurisdiction over the highway, street, or roadway.
                      (7) "Crosswalk" means:
                      (a) that part of a roadway at an intersection included within the connections of the lateral
                  lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence
                  of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of
                  the roadway, that part of a roadway included within the extension of the lateral lines of the existing
                  sidewalk at right angles to the centerline; or
                      (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
                  pedestrian crossing by lines or other markings on the surface.
                      (8) "Department" means the Department of Public Safety.
                      (9) "Divided highway" means a highway divided into two or more roadways by unpaved
                  intervening space or by a physical barrier or by a clearly indicated dividing section constructed to
                  impede vehicular traffic.
                      (10) "Electric assisted bicycle" means a moped with an electric motor with a power output
                  of not more than 1,000 watts, which is not capable of propelling the device at a speed of more than
                  20 miles per hour on level ground, and which is not capable of increasing the speed of the device
                  when human power is used to propel the device at more than 20 miles per hour.
                      (11) "Explosives" means any chemical compound or mechanical mixture commonly used
                  or intended for the purpose of producing an explosion and which contains any oxidizing and
                  combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire,
                  friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a
                  sudden generation of highly heated gases, and the resultant gaseous pressures are capable of
                  producing destructive effects on contiguous objects or of causing death or serious bodily injury.
                      (12) "Farm tractor" means every motor vehicle designed and used primarily as a farm
                  implement, for drawing plows, mowing machines, and other implements of husbandry.

- 2 -

                      (13) "Flammable liquid" means any liquid which has a flashpoint of 100 degrees F. or less,
                  as determined by a tabliabue or equivalent closed-cup test device.
                      (14) "Gross weight" means the weight of a vehicle without load plus the weight of any load
                  on the vehicle.
                      (15) "Highway" means the entire width between property lines of every way or place of any
                  nature when any part of it is open to the use of the public as a matter of right for vehicular travel.
                      (16) "Intersection" means the area embraced within the prolongation or connection of the
                  lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or more highways
                  which join one another.
                      (a) Where a highway includes two roadways 30 feet or more apart, every crossing of each
                  roadway of the divided highway by an intersecting highway is a separate intersection; if the
                  intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two
                  roadways of the highways is a separate intersection.
                      (b) The junction of an alley with a street or highway is not an intersection.
                      (17) "Local authorities" means every county, municipal, and other local board or body
                  having authority to enact laws relating to traffic under the constitution and laws of the state.
                      (18) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle designed to be
                  operated at speeds of not more than 25 miles per hour and that has a capacity of not more than four
                  passengers, including the driver.
                      (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
                      [(18)] (19) "Metal tire" means a tire, the surface of which in contact with the highway is
                  wholly or partly of metal or other hard nonresilient material.
                      [(19)] (20) "Mobile home" means:
                      (a) a trailer or semitrailer which is designed, constructed, and equipped as a dwelling place,
                  living abode, or sleeping place either permanently or temporarily, and is equipped for use as a
                  conveyance on streets and highways; or
                      (b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for
                  use as a mobile home, as defined in Subsection [(19)] (20)(a), but which is instead used permanently

- 3 -

                  or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any
                  other commercial purpose except the transportation of property for hire or the transportation of
                  property for distribution by a private carrier.
                      [(20)] (21) "Moped" means a motor-driven cycle having both pedals to permit propulsion
                  by human power, and a motor which produces not more than two brake horsepower and which is not
                  capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. If an
                  internal combustion engine is used, the displacement may not exceed 50 cubic centimeters and the
                  moped shall have a power drive system that functions directly or automatically without clutching or
                  shifting by the operator after the drive system is engaged. A moped includes an electric assisted
                  bicycle and a motor assisted scooter.
                      [(21)] (22) "Motor assisted scooter" means a self-propelled device with at least two wheels
                  in contact with the ground, a braking system capable of stopping the unit under typical operating
                  conditions, a gas or electric motor not exceeding 40 cubic centimeters, a deck design for a person
                  to stand while operating the device, and the ability to be propelled by human power alone.
                      [(22)] (23) "Motor vehicle" means every vehicle which is self-propelled and every vehicle
                  which is propelled by electric power obtained from overhead trolley wires, but not operated upon
                  rails, except vehicles moved solely by human power and motorized wheel chairs.
                      [(23)] (24) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
                  saddle for the use of the rider and designed to travel with not more than three wheels in contact with
                  the ground.
                      [(24)] (25) "Motor-driven cycle" means every motorcycle and motor scooter, moped, electric
                  assisted bicycle, motor assisted scooter, and every motorized bicycle having an engine with less than
                  150 cubic centimeters displacement or having a motor which produces not more than five
                      [(25)] (26) "Official traffic-control devices" means all signs, signals, markings, and devices
                  not inconsistent with this chapter placed or erected by authority of a public body or official having
                  jurisdiction, for the purpose of regulating, warning, or guiding traffic.
                      [(26)] (27) "Off-highway implement of husbandry" is used as defined under Section 41-22-2 .

- 4 -

                      [(27)] (28) "Off-highway vehicle" is used as defined under Section 41-22-2 .
                      [(28)] (29) "Operator" means any person who is in actual physical control of a vehicle.
                      [(29)] (30) "Park" or "parking" means the standing of a vehicle, whether occupied or not,
                  otherwise than temporarily for the purpose of and while actually engaged in loading or unloading
                  property or passengers.
                      [(30)] (31) "Peace officer" means any peace officer authorized under Title 53, Chapter 13,
                  Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
                      [(31)] (32) "Pedestrian" means any person afoot.
                      [(32)] (33) "Person" means every natural person, firm, copartnership, association, or
                      [(33)] (34) "Pole trailer" means every vehicle without motive power designed to be drawn
                  by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being
                  boomed or otherwise secured to the towing vehicle, and is ordinarily used for transporting long or
                  irregular shaped loads such as poles, pipes, or structural members generally capable of sustaining
                  themselves as beams between the supporting connections.
                      [(34)] (35) "Private road or driveway" means every way or place in private ownership and
                  used for vehicular travel by the owner and those having express or implied permission from the
                  owner, but not by other persons.
                      [(35)] (36) "Railroad" means a carrier of persons or property upon cars operated upon
                  stationary rails.
                      [(36)] (37) "Railroad sign or signal" means a sign, signal, or device erected by authority of
                  a public body or official or by a railroad and intended to give notice of the presence of railroad tracks
                  or the approach of a railroad train.
                      [(37)] (38) "Railroad train" means a locomotive propelled by any form of energy, coupled
                  with or operated without cars, and operated upon rails.
                      [(38)] (39) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
                  lawful manner in preference to another vehicle or pedestrian approaching under circumstances of

- 5 -

                  direction, speed, and proximity which give rise to danger of collision unless one grants precedence
                  to the other.
                      [(39)] (40) "Roadway" means that portion of highway improved, designed, or ordinarily used
                  for vehicular travel, exclusive of the sidewalk, berm, or shoulder, even though any of them are used
                  by persons riding bicycles or other human-powered vehicles. If a highway includes two or more
                  separate roadways, roadway refers to any roadway separately but not to all roadways collectively.
                      [(40)] (41) "Safety zone" means the area or space officially set apart within a roadway for
                  the exclusive use of pedestrians and which is protected, marked, or indicated by adequate signs as
                  to be plainly visible at all times while set apart as a safety zone.
                      [(41)] (42) "School bus" means every motor vehicle that complies with the color and
                  identification requirements of the most recent edition of "Minimum Standards for School Buses" and
                  is used to transport school children to or from school or school activities. This definition does not
                  include vehicles operated by common carriers in transportation of school children to or from school
                  or school activities.
                      [(42)] (43) "Semitrailer" means a vehicle with or without motive power, other than a pole
                  trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and
                  constructed so that some part of its weight and that of its load rests upon or is carried by another
                      [(43)] (44) "Shoulder area" means that area of the hard-surfaced highway separated from the
                  roadway by a pavement edge line as established in the current approved "Manual on Uniform Traffic
                  Control Devices," or that portion of the road contiguous to the roadway for accommodation of
                  stopped vehicles, for emergency use, and lateral support.
                      [(44)] (45) "Sidewalk" means that portion of a street between the curb lines, or the lateral
                  lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
                      [(45)] (46) "Solid rubber tire" means every tire of rubber or other resilient material which
                  does not depend upon compressed air for the support of the load.
                      [(46)] (47) "Stand" or "standing" means the halting of a vehicle, whether occupied or not,
                  other than temporarily for the purpose of and while actually engaged in receiving or discharging

- 6 -

                      [(47)] (48) "Stop" when required means complete cessation from movement.
                      [(48)] (49) "Stop" or "stopping" when prohibited means any halting even momentarily of a
                  vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or when
                  in compliance with the directions of a peace officer or official traffic-control device.
                      [(49)] (50) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
                  conveyances either singly or together while using any highway for the purpose of travel.
                      [(50)] (51) "Traffic-control signal" means any device, whether manually, electrically, or
                  mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
                      [(51)] (52) "Trailer" means every vehicle with or without motive power, other than a pole
                  trailer, designed for carrying persons or property and for being drawn by a motor vehicle and
                  constructed so that no part of its weight rests upon the towing vehicle.
                      [(52)] (53) "Truck" means every motor vehicle designed, used, or maintained primarily for
                  the transportation of property.
                      [(53)] (54) "Truck tractor" means a motor vehicle designed and used primarily for drawing
                  other vehicles and constructed to carry a part of the weight of the vehicle and load drawn by the
                  truck tractor.
                      [(54)] (55) "Urban district" means the territory contiguous to and including any street, in
                  which structures devoted to business, industry, or dwelling houses are situated at intervals of less
                  than 100 feet, for a distance of a quarter of a mile or more.
                      [(55)] (56) "Vehicle" means every device in, upon, or by which any person or property is or
                  may be transported or drawn upon a highway, except devices used exclusively upon stationary rails
                  or tracks.
                      Section 2. Section 41-6-117.6 is enacted to read:
                      41-6-117.6. Low-speed vehicle.
                      (1) Except as otherwise provided in this section, a low-speed vehicle is considered a motor
                  vehicle for purposes of the Utah Code including requirements for:
                      (a) traffic rules under Title 41, Chapter 6, Traffic Rules and Regulations;

- 7 -

                      (b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
                      (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of Motor
                  Vehicle Owners and Operators Act;
                      (d) vehicle registration, titling, odometer statements, vehicle identification numbers, license
                  plates, and registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
                      (e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and fee in
                  lieu of property taxes or in lieu fees under Section 59-2-405 ;
                      (f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
                  Regulation Act;
                      (g) motor vehicle safety inspection requirements under Section 53-8-205 ; and
                      (h) safety belt requirements under Title 41, Chapter 6, Article 17, Motor Vehicle Seat Belt
                  Usage Act.
                      (2) (a) A low-speed vehicle shall comply with federal safety standards established in 49
                  C.F.R. 571.500 and shall be equipped with:
                      (i) headlamps;
                      (ii) front and rear turn signals, tail lamps, and stop lamps;
                      (iii) turn signal lamps;
                      (iv) reflex reflectors one on the rear of the vehicle and one on the left and right side and as
                  far to the rear of the vehicle as practical;
                      (v) a parking brake;
                      (vi) a windshield that meets the standards under Section 41-6-149, including a device for
                  cleaning rain, snow, or other moisture from the windshield;
                      (vii) an exterior rearview mirror on the driver's side and either an interior rearview mirror
                  or an exterior rearview mirror on the passenger side;
                      (viii) a speedometer and odometer; and
                      (ix) braking for each wheel.
                      (b) A low-speed vehicle that complies with Subsections (2) and (3) and that is not altered
                  from the manufacturer is considered to comply with equipment requirements in Title 41, Chapter 6,

- 8 -

                  Article 16, Equipment.
                      (3) A person may not operate a low-speed vehicle that has been structurally altered from the
                  original manufacturer's design.
                      (4) A user of a low-speed vehicle shall obtain an annual clean special fuel tax certificate for
                  each low-speed vehicle as required under Section 59-13-304 .
                      (5) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
                  maintenance program requirements under Section 41-6-163.6 .
                      (6) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be operated
                  on a highway with a posted speed limit of more than 35 miles per hour.
                      (b) In addition to the restrictions under Subsection (6)(a), a highway authority, as defined
                  under Section 72-1-102 , may prohibit or restrict the operation of a low-speed vehicle on any highway
                  under its jurisdiction, if the highway authority determines the prohibition or restriction is necessary
                  for public safety.
                      (7) (a) A person may not operate a low-speed vehicle on a highway without displaying on
                  the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies with
                  the Society of Automotive Engineers standard SAE J943.
                      (b) This Subsection (7) is an exception to the provisions of Section 41-6-130 .
                      (8) A person who violates Subsection (2), (3), (6), or (7) is guilty of a class C misdemeanor.
                      Section 3. Effective date.
                      This act takes effect on October 1, 2002.

- 9 -

[Bill Documents][Bills Directory]