Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 177 (2018GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends a restriction on operating a bicycle on a sidewalk where prohibited by a traffic control device to apply only to an individual over 18 years of age;
• amends provisions to prohibit the operation of a class 2 electric assisted bicycle with an open container of alcohol; and
• makes technical changes.

Every vote on this bill

Bill text

BICYCLE AND ELECTRIC ASSISTED BICYCLE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Carol Spackman Moss
LONG TITLE
General Description:
This bill amends provisions related to the operation of bicycles and electric assisted
bicycles.
Highlighted Provisions:
This bill:
▸ amends a restriction on operating a bicycle on a sidewalk where prohibited by a
traffic control device to apply only to an individual over 18 years of age;
▸ amends provisions to prohibit the operation of a class 2 electric assisted bicycle
with an open container of alcohol; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-526
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-1106
, as renumbered and amended by Laws of Utah 2005, Chapter 2
41-6a-1115.5
, as enacted by Laws of Utah 2016, Chapter 173
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-526
 is amended to read:
41-6a-526.
Drinking alcoholic beverage and open containers in motor vehicle
prohibited -- Definitions -- Exceptions.
(1) As used in this section:
(a) "Alcoholic beverage" has the same meaning as defined in Section 
32B-1-102
.
(b) "Chartered bus" has the same meaning as defined in Section 
32B-1-102
.
(c) "Limousine" has the same meaning as defined in Section 
32B-1-102
.
(d) (i) "Passenger compartment" means the area of the vehicle normally occupied by
the operator and passengers.
(ii) "Passenger compartment" includes areas accessible to the operator and passengers
while traveling, including a utility or glove compartment.
(iii) "Passenger compartment" does not include a separate front or rear trunk
compartment or other area of the vehicle not accessible to the operator or passengers while
inside the vehicle.
(e) "Waters of the state" has the same meaning as defined in Section 
73-18-2
.
(2) A person may not drink any alcoholic beverage while operating a motor vehicle 
or
a class 2 electric assisted bicycle,
 or while a passenger in a motor vehicle, whether the vehicle
is moving, stopped, or parked on any highway or waters of the state.
(3) A person may not keep, carry, possess, transport, or allow another to keep, carry,
possess, or transport in the passenger compartment of a motor vehicle, 
or a class 2 electric
assisted bicycle,
 when the vehicle is on any highway or waters of the state, any container which
contains any alcoholic beverage if the container has been opened, its seal broken, or the
contents of the container partially consumed.
(4) Subsections (2) and (3) do not apply to a passenger:
(a) in the living quarters of a motor home or camper;
(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in
compliance with Subsections 
32B-4-415
(4)(b) and (c); or
(c) in a motorboat on the waters of the state.
(5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
(6) A violation of Subsection (2) or (3) is a class C misdemeanor.
Section 2. Section 
41-6a-1106
 is amended to read:
41-6a-1106.
Bicycles and human powered vehicle or device to yield right-of-way
to pedestrians on sidewalks, paths, or trails -- Uses prohibited -- Negligent collision
prohibited -- Speed restrictions -- Rights and duties same as pedestrians.
(1) A person operating a bicycle or a vehicle or device propelled by human power
shall:
(a) yield the right-of-way to any pedestrian; and
(b) give an audible signal before overtaking and passing a pedestrian.
(2) A person 
years of age or older
 may not operate a bicycle or a vehicle or device
propelled by human power on a sidewalk, path, or trail, or across a roadway in a crosswalk,
where prohibited by a traffic-control device or ordinance.
(3) A person may not operate a bicycle or a vehicle or device propelled by human
power in a negligent manner so as to collide with a:
(a) pedestrian; or
(b) person operating a:
(i) bicycle; or
(ii) vehicle or device propelled by human power.
(4) A person operating a bicycle or a vehicle or device propelled by human power on a
sidewalk, path, or trail, or across a driveway, or across a roadway on a crosswalk may not
operate at a speed greater than is reasonable and prudent under the existing conditions, giving
regard to the actual and potential hazards then existing.
(5) Except as provided under Subsections (1) and (4), a person operating a bicycle or a
vehicle or device propelled by human power on a sidewalk, path, or trail, or across a roadway
on a crosswalk, has all the rights and duties applicable to a pedestrian under the same
circumstances.
Section 3. Section 
41-6a-1115.5
 is amended to read:
41-6a-1115.5.
Electric assisted bicycles -- Restrictions -- Penalties.
(1) Except as otherwise provided in this section, an electric assisted bicycle is subject
to the provisions under this chapter for a bicycle.
(2) An individual may operate an electric assisted bicycle on a path or trail designated
for the use of a bicycle.
(3) A local authority or state agency may adopt an ordinance or rule to regulate or
restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted
bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state
agency.
(4) An individual under 16 years of age may not operate a class 3 electric assisted
bicycle.
(5) An individual under 14 years of age may not operate an electric assisted bicycle
with the electric motor engaged on any public property, highway, path, or sidewalk unless the
individual is under the direct supervision of the individual's parent or guardian.
(6) An individual under eight years of age may not operate an electric assisted bicycle
with the electric motor engaged on any public property, highway, path, or sidewalk.
(7) The owner of an electric assisted bicycle may not authorize or knowingly permit an
individual to operate an electric assisted bicycle in violation of this section.
(8) (a) Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted
bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a
label in a prominent location on the electric assisted bicycle.
(b) Each manufacturer and each distributer shall ensure that the label is printed in Arial
font, in 9-point type or larger, and includes the:
(i) appropriate electric assisted bicycle classification number described in Section
41-6a-102
;
(ii) top assisted speed; and
(iii) wattage of the motor.
(9) An individual who violates this section is guilty of an infraction. 
(10) A class 2 electric assisted bicycle is subject to the restrictions of Section
41-6a-526
.