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H.B. 49
This document includes House Committee Amendments incorporated into the bill on
Wed, Jan 26, 2005 at 3:21 PM by ddonat. -->
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BICYCLE SAFETY PROVISIONS
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2005 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Rosalind J. McGee
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Ross I. Romero
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LONG TITLE
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General Description:
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This bill modifies the Motor Vehicles Code by amending provisions related to
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overtaking and passing bicycles.
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Highlighted Provisions:
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This bill:
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. provides that an operator of a vehicle passing or overtaking a bicycle shall:
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. leave a safe distance of no less than three feet between the vehicle and the
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bicycle; and
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. maintain the clearance until safely past the bicycle; H. [
and
]
16a
. provides that the three foot passing distance requirement does not apply if the road is
too
16b
narrow to safely pass the bicycle;
16c
. provides that an operator of a vehicle may not be cited for a violation if:
16d
* the operator and of the vehicle is involved in an accident with the bicyclist; and
16e
* the bicyclist was operating the bicycle in a negligent manner; and
.H
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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41-6-54, as last amended by Chapter 138, Laws of Utah 1987
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41-6-55, as last amended by Chapter 74, Laws of Utah 2002
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-6-54
is amended to read:
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41-6-54. Passing vehicles proceeding in opposite directions.
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(1) Operators of vehicles proceeding in opposite directions shall pass each other to the
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right.
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(2) On roadways having width for not more than one line of traffic in each direction,
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each operator shall give to the other at least one-half of the main traveled portion of the
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roadway as nearly as possible.
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(3) H.
(a)
.H An operator of a vehicle proceeding in the opposite direction shall H.
35a
when passing a bicycle
.H :
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H. [
(a) pass a bicycle
]
(i) travel
.H at a safe distance of no less than three feet between any
36a
part of the
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passing vehicle and the bicycle; and
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H. [
(b)
]
(ii)
.H maintain the clearance required under Subsection (3)(a) until safely past
38a
the
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bicycle.
39a
H.
(b) The provisions of Subsection (3)(a) do not apply if a lane is too narrow for an
operator
39b
of a vehicle to safely pass the bicycle at the distance required under Subsection (3)(a)(i).
39c
(4) An operator of a vehicle may not be issued a citation for a violation of Subsection (3) if:
39d
(a) the operator of the vehicle is involved in an accident with a bicyclist; and
39e
(b) the bicyclist was operating the bicycle in a negligent manner.
.H
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Section 2.
Section
41-6-55
is amended to read:
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41-6-55. Overtaking and passing vehicles proceeding in same direction.
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(1) On any highway:
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(a) the operator of a vehicle overtaking another vehicle proceeding in the same
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direction:
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(i) shall, except as provided under Section
41-6-56
, pass to the left at a safe distance;
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and
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(ii) may not drive to the right side of the roadway until safely clear of the overtaken
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vehicle;
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(b) the operator of an overtaken vehicle:
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(i) shall give way to the right in favor of the overtaking vehicle; and
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(ii) may not increase the speed of the vehicle until completely passed by the overtaking
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vehicle[.]; and
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(c) the operator of a vehicle overtaking a bicycle proceeding in the same direction
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shall:
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(i) leave a safe distance of no less than three feet between any part of the overtaking
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vehicle and the bicycle; and
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(ii) maintain the clearance required under Subsection (1)(c)(i) until safely past the
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overtaken bicycle.
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H.
(2) The provisions of Subsection (1)(c) do not apply if a lane is too narrow for an
operator
58b
of a vehicle to safely pass the bicycle at the distance required under Subsection (1)(c)(i).
.H
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H. [
(2)
]
(3)
.H On a highway having more than one lane in the same direction, the
59a
operator of a
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vehicle traveling in a left general purpose lane:
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(a) shall, upon being overtaken by another vehicle in the same lane, yield to the
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overtaking vehicle by moving safely to a lane to the right; and
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(b) may not impede the movement or free flow of traffic in a left general purpose lane
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or except:
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(i) when overtaking and passing another vehicle proceeding in the same direction in
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accordance with Subsection (1)(a);
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(ii) when preparing to turn left or taking a highway split or exit on the left;
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(iii) when responding to emergency conditions;
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(iv) to avoid actual or potential traffic moving onto the highway from an acceleration
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or merging lane; or
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(v) when following direction signs that direct use of a designated lane.
71a
H.
(4) An operator of a vehicle may not be issued a citation for a violation of Subsection
71b
(1)(c) if:
71c
(a) the operator of the vehicle is involved in an accident with a bicyclist; and
71d
(b) the bicyclist was operating the bicycle in a negligent manner.
.H
Legislative Review Note
as of 12-29-04 3:30 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.