Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 145 (2018GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes certain language to provide additional safety to pedestrians in crosswalks and at school crossings; and
• amends provisions describing roads where a pedestrian may not engage in certain activity that could impede or block traffic to include:
• a highway with a median, whether raised or flat; and
• a highway where a fixed guideway or rail line shares the right-of-way with the highway.

Every vote on this bill

Bill text

PEDESTRIAN SAFETY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to roads where a pedestrian is restricted from
certain conduct that may impede and block traffic to include roads with a median or that
share a right-of-way with a railway, and also amends provisions related to pedestrian
safety in a crosswalk.
Highlighted Provisions:
This bill:
▸ removes certain language to provide additional safety to pedestrians in crosswalks
and at school crossings; and
▸ amends provisions describing roads where a pedestrian may not engage in certain
activity that could impede or block traffic to include:
• a highway with a median, whether raised or flat; and
• a highway where a fixed guideway or rail line shares the right-of-way with the
highway.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-1002
, as renumbered and amended by Laws of Utah 2005, Chapter 2
41-6a-1009
, as last amended by Laws of Utah 2017, Chapter 69
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-1002
 is amended to read:
41-6a-1002.
Pedestrians' right-of-way -- Duty of pedestrian.
(1) (a) Except as provided under Subsection (2), [
when traffic-control signals are not in
place or not in operation,
] the operator of a vehicle shall yield the right-of-way by slowing
down or stopping if necessary:
(i) to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on
the half of the roadway upon which the vehicle is traveling; or
(ii) when the pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger.
(b) Subsection (1)(a) does not apply under conditions of Subsection 
41-6a-1003
(2).
(c) A pedestrian may not suddenly leave a curb or other place of safety and walk or run
into the path of a vehicle which is so close as to constitute an immediate hazard.
(2) The operator of a vehicle approaching a school crosswalk shall come to a complete
stop at the school crosswalk if[
: (a) a school speed limit sign has the warning lights operating;
and (b)
] the crosswalk is occupied by a person.
(3) If a vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the roadway, the operator of any other vehicle
approaching from the rear may not overtake and pass the stopped vehicle.
Section 2. Section 
41-6a-1009
 is amended to read:
41-6a-1009.
Use of roadway by pedestrians -- Prohibited activities.
(1) Where there is a sidewalk provided and its use is practicable, a pedestrian may not
walk along or on an adjacent roadway.
(2) Where a sidewalk is not provided, a pedestrian walking along or on a highway shall
walk only on the shoulder, as far as practicable from the edge of the roadway.
(3) Where a sidewalk or a shoulder is not available, a pedestrian walking along or on a
highway shall:
(a) walk as near as practicable to the outside edge of the roadway; and
(b) if on a two-way roadway, walk only on the left side of the roadway facing traffic.
(4) (a) An individual may not impede or block traffic within any of the following:
(i) an interstate system, as defined in Section 
72-1-102
;
(ii) a freeway, as defined in Section 
41-6a-102
;
(iii) a state highway, as defined in Title 72, Chapter 4, Designation of State Highways
Act;
(iv) a state route, or "SR," as defined in Section 
72-1-102
; or
(v) a highway, as defined in Section 
72-1-102
, that:
(A) is paved[
;
] and [
(B)
] has a speed limit of 35 miles per hour or higher[
.
]
;
(B) has a median, whether elevated or flat; or
(C) has a fixed guideway as defined in Section 
59-12-102
 or any other railway that
shares the highway right-of-way.
(b) The locations described in Subsection (4)(a) include:
(i) shoulder areas, as defined in Section 
41-6a-102
;
(ii) on-ramps;
(iii) off-ramps; and
(iv) an area between the roadways of a divided highway, as defined in Section
41-6a-102
.
(c) The locations described in Subsection (4)(a) do not include sidewalks, as defined in
Section 
41-6a-102
.
(d) Conduct that may impede or block traffic includes:
(i) while a pedestrian, accepting, transacting, exchanging, or otherwise taking
possession or control of money or property from a person within a motor vehicle while that
motor vehicle is within an area described in Subsection (4)(a); or
(ii) while a driver or passenger of a motor vehicle within an area described in
Subsection (4)(a), accepting, transacting, exchanging, or otherwise taking possession or control
of money or property from a pedestrian.
(e) Conduct that impedes or blocks traffic does not include:
(i) the conduct described in Section 
41-6a-209
 or other lawful direction of a peace
officer;
(ii) conduct or actions resulting from a traffic accident, medical emergency, or similar
exigent circumstance, including:
(A) exchanging insurance information; or
(B) exchanging contact information; or
(iii) conduct or actions that occur while the motor vehicle is legally parked.
(f) A county or municipality may adopt a resolution, ordinance, or regulation
prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the
roadways under its jurisdiction.
(g) (i) The state, a county, or a municipality shall create a permitting process for
granting a person an exemption from this Subsection (4).
(ii) Upon receipt of a valid permit application, the state, a county, or a municipality
shall grant a person a temporary exemption from this Subsection (4) for a specified location or
time.
(h) Nothing in this section prohibits a temporary spontaneous demonstration.
(5) A pedestrian who is under the influence of alcohol or any drug to a degree which
renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or
sidewalk area.
(6) Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield
the right-of-way to all vehicles on the roadway.
(7) A pedestrian may not walk along or on a no-access freeway facility except during
an emergency.
(8) (a) As used in this Subsection (8):
(i) "Aggressive manner" means intentionally:
(A) persisting in approaching or following an individual after the individual has
negatively responded to the solicitation;
(B) engaging in conduct that would cause a reasonable individual to fear imminent
bodily harm;
(C) engaging in conduct that would intimidate a reasonable individual into giving
money or goods;
(D) blocking the path of an individual; or
(E) physically contacting an individual or the individual's personal property without
that individual's consent.
(ii) "Bank" is as defined in Section 
13-42-102
.
(iii) "Sidewalk" is as defined in Section 
41-6a-102
.
(b) An individual may not solicit money or goods from another individual in an
aggressive manner:
(i) during the business hours of a bank if either the individual soliciting, or the
individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank's
entrance or exit; or
(ii) on the portion of a sidewalk that is within 10 feet of an automated teller machine.
(9) (a) Except as provided in Subsection (9)(b), a violation of this section is an
infraction.
(b) A third or subsequent violation of Subsection (4) in a one-year period is a class C
misdemeanor.
Legislative Review Note
Office of Legislative Research and General Counsel