Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 344 First Substitute (2016GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the Traffic Code to allow the operator of a vehicle to cross the double white lines of an HOV lane to ensure the safety of emergency vehicles and emergency services personnel; and
• makes technical changes.

Every vote on this bill

Bill text

MOVE OVER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies the Traffic Code to allow lane changes across the double white lines
of an HOV lane for the safety of emergency vehicles.
Highlighted Provisions:
This bill:
▸ amends the Traffic Code to allow the operator of a vehicle to cross the double white
lines of an HOV lane to ensure the safety of emergency vehicles and emergency
services personnel; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-904
, as last amended by Laws of Utah 2015, Chapter 412
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-904
 is amended to read:
41-6a-904.
Approaching emergency vehicle -- Necessary signals -- Stationary
emergency vehicle -- Duties of respective operators.
(1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
the immediate approach of an authorized emergency vehicle using audible or visual signals
under Section 
41-6a-212
 or 
41-6a-1625
, shall:
(a) yield the right-of-way and immediately move to a position parallel to, and as close
as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
(b) then stop and remain stopped until the authorized emergency vehicle has passed.
(2) 
(a)
 The operator of a vehicle, upon approaching a stationary authorized emergency
vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
[
(a)
] 
(i)
 reduce the speed of the vehicle;
[
(b)
] 
(ii)
 provide as much space as practical to the stationary authorized emergency
vehicle; and
[
(c)
] 
(iii)
 if traveling in a lane adjacent to the stationary authorized emergency vehicle
and if practical, with due regard to safety and traffic conditions, make a lane change into a lane
not adjacent to the authorized emergency vehicle.
(b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
stationary authorized emergency vehicle that is displaying alternately flashing red, red and
white, or red and blue lights, the requirements in Subsection (2)(a) apply.
(ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
authorized emergency vehicle that is displaying alternately flashing red, red and white, or red
and blue lights, shall, if practical, with due regard to safety and traffic conditions, make a lane
change out of the HOV lane into a lane not adjacent to the authorized emergency vehicle.
(3) 
(a)
 The operator of a vehicle, upon approaching a stationary tow truck or highway
maintenance vehicle that is displaying flashing amber lights, shall:
[
(a)
] 
(i)
 reduce the speed of the vehicle; and
[
(b)
] 
(ii)
 provide as much space as practical to the stationary tow truck or highway
maintenance vehicle.
(b) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
tow truck or highway maintenance vehicle that is displaying flashing amber lights, shall, if
practical, with due regard to safety and traffic conditions, make a lane change out of the HOV
lane into a lane not adjacent to the tow truck or highway maintenance vehicle.
(4) This section does not relieve the operator of an authorized emergency vehicle, tow
truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
persons using the highway.
(5) (a) (i) In addition to the penalties prescribed under Subsection (7), a person who
violates this section shall attend a four hour live classroom defensive driving course approved
by:
(A) the Driver License Division; or
(B) a court in this state.
(ii) Upon completion of the four hour live classroom course under Subsection (5)(a)(i),
the person shall provide to the Driver License Division a certificate of attendance of the
classroom course.
(b) The Driver License Division shall suspend a person's driver license for a period of
90 days if the person:
(i) violates a provision of Subsections (1) through (3); and
(ii) fails to meet the requirements of Subsection (5)(a)(i) within 90 days of sentencing
for or pleading guilty to a violation of this section.
(c) Notwithstanding the provisions of Subsection (5)(b), the Driver License Division
shall shorten the 90-day suspension period imposed under Subsection (5)(b) effective
immediately upon receiving a certificate of attendance of the four hour live classroom course
required under Subsection (5)(a)(i) if the certificate of attendance is received [
prior to
] 
before
the
 completion of the suspension period.
(d) A person whose license is suspended under Subsection (5)(b) [
is required to pay the
license reinstatement fees under Subsection 
53-3-105
(23), including
] 
and
 a person whose
suspension is shortened as described under Subsection (5)(c) 
shall pay the license reinstatement
fees under Subsection 
53-3-105
(23)
.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Driver License Division shall make rules to implement the provisions of this part.
(7) A violation of Subsection (1), (2), or (3) is a class C misdemeanor.