Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 127 (2020GS)

Sponsor

Rep. Johnson, D.N.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends provisions to grant the right-of-way to an individual operating a motorcycle after the individual has completed a lane filtering maneuver; and
• makes technical changes.

Every vote on this bill

Bill text

MOTORCYCLE RIGHT-OF-WAY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Dan N. Johnson
Senate Sponsor: 
 Lyle W. Hillyard
LONG TITLE
General Description:
This bill amends provisions related to the right-of-way of a motorcycle operator after
completing a lane filtering maneuver.
Highlighted Provisions:
This bill:
▸ amends provisions to grant the right-of-way to an individual operating a motorcycle
after the individual has completed a lane filtering maneuver; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-704
, as last amended by Laws of Utah 2019, Chapter 49
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-704
 is amended to read:
41-6a-704.
Overtaking and passing vehicles proceeding in same direction.
(1) (a) On any highway:
(i) the operator of a vehicle overtaking another vehicle proceeding in the same
direction shall:
(A) except as provided under Section 
41-6a-705
, promptly pass the overtaken vehicle
on the left at a safe distance; and
(B) enter a right-hand lane or the right side of the roadway only when safely clear of
the overtaken vehicle;
(ii) the operator of an overtaken vehicle:
(A) shall give way to the right in favor of the overtaking vehicle; and
(B) may not increase the speed of the vehicle until completely passed by the overtaking
vehicle.
(b) The exemption from the minimum speed regulations for a vehicle operating on a
grade under Section 
41-6a-605
 does not exempt the vehicle from promptly passing a vehicle as
required under Subsection (1)(a)(i)(A).
(2) On a highway having more than one lane in the same direction, the operator of a
vehicle traveling in the left general purpose lane:
(a) shall, upon being overtaken by another vehicle in the same lane, yield to the
overtaking vehicle by moving safely to a lane to the right; and
(b) may not impede the movement or free flow of traffic in the left general purpose
lane.
(3) An operator of a vehicle traveling in the left general purpose lane that has a vehicle
following directly behind the operator's vehicle at a distance so that less than two seconds
elapse before reaching the location of the operator's vehicle when space is available for the
operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie
evidence that the operator is violating Subsection (2).
(4) The provisions of Subsection (2) do not apply to an operator of a vehicle traveling
in the left general purpose lane when:
(a) overtaking and passing another vehicle proceeding in the same direction in
accordance with Subsection (1)(a)(i);
(b) preparing to turn left or taking a different highway or an exit on the left;
(c) responding to emergency conditions;
(d) avoiding actual or potential traffic moving onto the highway from an acceleration
or merging lane; or
(e) following the direction of a traffic-control device that directs the use of a designated
lane.
(5) 
(a)
 An individual may engage in lane filtering only when the following conditions
exist:
[
(a)
] 
(i)
 the individual is operating a motorcycle;
[
(b)
] 
(ii)
 the individual is on a roadway divided into two or more adjacent traffic lanes
in the same direction of travel;
[
(c)
] 
(iii)
 the individual is on a roadway with a speed limit of 45 miles per hour or less;
[
(d)
] 
(iv)
 the vehicle being overtaken in the same lane is stopped;
[
(e)
] 
(v)
 the motorcycle is traveling at a speed of 15 miles per hour or less; and
[
(f)
] 
(vi)
 the movement may be made safely.
(b) After a lane filtering maneuver is complete, and after a traffic control device or
traffic flow conditions allow traffic to proceed, the individual operating the motorcycle has the
right-of-way, and any individual operating a vehicle that was overtaken by the individual
operating the motorcycle shall yield the 
right-of-way to the overtaking motorcycle.
(6) A violation of Subsection (1), (2), or (5) is an infraction.