Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 151 (2020GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the requirement to carry proof of motor vehicle registration in some circumstances;
• increases from $1,500 to $2,500 the apparent property damage value threshold at which an individual is required to file a report with the Department of Public Safety after an accident;
• allows the use of lane markings to indicate which types of vehicles are allowed to operate in certain lanes of traffic;
• amends provisions related to operation of a motor vehicle in the vicinity of an emergency or maintenance vehicle with flashing lights, whether moving or stationary, including when an operator is required to change lanes or prohibit from passing;
• amends provisions related to lane filtering and the operation of a motor vehicle between lanes of traffic; and
• makes technical changes.

Every vote on this bill

Bill text

TRAFFIC SAFETY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill amends provisions related to traffic and motor vehicles.
Highlighted Provisions:
This bill:
▸ removes the requirement to carry proof of motor vehicle registration in some
circumstances;
▸ increases from $1,500 to $2,500 the apparent property damage value threshold at
which an individual is required to file a report with the Department of Public Safety
after an accident;
▸ allows the use of lane markings to indicate which types of vehicles are allowed to
operate in certain lanes of traffic;
▸ amends provisions related to operation of a motor vehicle in the vicinity of an
emergency or maintenance vehicle with flashing lights, whether moving or
stationary, including when an operator is required to change lanes or prohibit from
passing;
▸ amends provisions related to lane filtering and the operation of a motor vehicle
between lanes of traffic; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-1305
, as renumbered and amended by Laws of Utah 1992, Chapter 1
41-6a-402
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-702
, as last amended by Laws of Utah 2019, Chapter 431
41-6a-904
, as last amended by Laws of Utah 2018, Chapter 417
41-6a-1502
, as last amended by Laws of Utah 2015, Chapter 412
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-1305
 is amended to read:
41-1a-1305.
License plate and registration card violations -- Class C
misdemeanor.
It is a class C misdemeanor:
(1) to break, injure, interfere with, or remove from any vehicle any seal, lock, or device
on it for holding or displaying any license plate or registration card attached for denoting
registration and identity of the vehicle;
(2) to remove from any registered vehicle the license plate or registration card issued or
attached to it for its registration;
(3) to place or display any license plate or registration card upon any other vehicle than
the one for which it was issued by the division;
(4) to use or permit the use or display of any license plate, registration card, or permit
upon or in the operation of any vehicle other than that for which it was issued;
(5) to operate upon any highway of this state any vehicle required by law to be
registered without having the license plate or plates securely attached, [
and the registration card
issued by the division carried in the vehicle,
] except that the registration card issued by the
division to all trailers and semitrailers shall be carried in the towing vehicle;
(6) for any weighmaster to knowingly make any false entry in his record of weights of
vehicles subject to registration or to knowingly report to the commission or division any false
information regarding the weights;
(7) for any inspector, officer, agent, employee, or other person performing any of the
functions required for the registration or operation of vehicles subject to registration, to do,
permit, cause, connive at, or permit to be done any act with the intent, or knowledge that the
probable effect of the act would be to injure any person, deprive him of his property, or to
injure or defraud the state with respect to its revenues relating to title or registration of
vehicles;
(8) for any person to combine or conspire with another to do, attempt to do, or cause or
allow any of the acts in this chapter classified as a misdemeanor;
(9) to operate any motor vehicle with a camper mounted on it upon any highway
without displaying a current decal in clear sight upon the rear of the camper, issued by the
county assessor of the county in which the camper has situs for taxation;
(10) to manufacture, use, display, or sell any facsimile or reproduction of any license
plate issued by the division or any article that would appear to be a substitute for a license
plate; or
(11) to fail to return to the division any registration card, license plate or plates, decal,
permit, or title that has been canceled, suspended, voided, or revoked.
Section 2. Section 
41-6a-402
 is amended to read:
41-6a-402.
Accident reports -- Duty of operator and investigative officer to file.
(1) The department may require any operator of a vehicle involved in an accident
resulting in injury to or death of any person or total property damage to the apparent extent of
[
$1,500
] 
$2,500
 or more to file within 10 days after the request:
(a) a report of the accident to the department in a manner specified by the department;
and
(b) a supplemental report when the original report is insufficient in the opinion of the
department.
(2) The department may require witnesses of accidents to file reports to the department.
(3) (a) An accident report is not required under this section from any person who is
physically incapable of making a report, during the period of incapacity.
(b) If the operator is physically incapable of making an accident report under this
section and the operator is not the owner of the vehicle, the owner of the vehicle involved in
the accident shall within 15 days after becoming aware of the accident make the report required
of the operator under this section.
(4) (a) The department shall, upon request, supply to law enforcement agencies, justice
court judges, sheriffs, garages, and other appropriate agencies or individuals forms for accident
reports required under this part.
(b) A request for an accident report form under Subsection (4)(a) shall be made in a
manner specified by the division.
(c) The accident reports shall:
(i) provide sufficient detail to disclose the cause, conditions then existing, and the
persons and vehicles involved in the accident; and
(ii) contain all of the information required that is available.
(5) (a) A person shall file an accident report if required under this section.
(b) The department shall suspend the license or permit to operate a motor vehicle and
any nonresident operating privileges of any person failing to file an accident report in
accordance with this section.
(c) The suspension under Subsection (5)(b) shall be in effect until the report has been
filed except that the department may extend the suspension not to exceed 30 days.
(6) (a) A peace officer who, in the regular course of duty, investigates a motor vehicle
accident described under Subsection (1) shall file an electronic copy of the report of the
accident with the department within 10 days after completing the investigation.
(b) The accident report shall be made either at the time of and at the scene of the
accident or later by interviewing participants or witnesses.
(7) The accident reports required to be filed with the department under this section and
the information in them are protected and confidential and may be disclosed only as provided
in Section 
41-6a-404
.
(8) (a) In addition to the reports required under this part, a local highway authority
may, by ordinance, require that for each accident that occurs within its jurisdiction, the operator
of a vehicle involved in an accident, or the owner of the vehicle involved in an accident, shall
file with the local law enforcement agency a report of the accident or a copy of any report
required to be filed with the department under this part.
(b) All reports are for the confidential use of the municipal department and are subject
to the provisions of Section 
41-6a-404
.
(9) A violation of this section is an infraction.
Section 3. Section 
41-6a-702
 is amended to read:
41-6a-702.
Left lane restrictions -- Exceptions -- Other lane restrictions --
Penalties.
(1) As used in this section and Section 
41-6a-704
, "general purpose lane" means a
highway lane open to vehicular traffic but does not include a designated:
(a) high occupancy vehicle (HOV) lane; or
(b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
off-ramp.
(2) On a freeway or section of a freeway which has three or more general purpose lanes
in the same direction, a person may not operate a vehicle in the left most general purpose lane
if the person's vehicle or combination of vehicles has a gross vehicle weight 
rating
 of [
12,001
]
18,001
 or more pounds.
(3) Subsection (2) does not apply to a person operating a vehicle who is:
(a) preparing to turn left or taking a different highway split or an exit on the left;
(b) responding to emergency conditions;
(c) avoiding actual or potential traffic moving onto the highway from an acceleration or
merging lane; or
(d) following direction signs that direct use of a designated lane.
(4) (a) A highway authority may designate a specific lane or lanes of travel for any type
of vehicle on a highway or portion of a highway under its jurisdiction for the:
(i) safety of the public;
(ii) efficient maintenance of a highway; or
(iii) use of high occupancy vehicles.
(b) The lane designation under Subsection (4)(a) is effective when appropriate signs 
or
roadway markings
 giving notice are erected on the highway or portion of the highway.
(5) (a) Subject to Subsection (5)(b), the lane designation under Subsection (4)(a)(iii)
shall allow a vehicle with a clean fuel vehicle decal issued in accordance with Section 
72-6-121
to travel in lanes designated for the use of high occupancy vehicles regardless of the number of
occupants as permitted by federal law or federal regulation.
(b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
number of occupants as permitted by federal law or federal regulation.
(ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
not issue more than 6,000 clean fuel vehicle decals under Section 
72-6-121
.
(iii) The Department of Transportation may, through rules made under Subsection
(5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
72-6-121
 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
allow the Department of Transportation to continue to meet its goals for operational
management of the lane designated under Subsection (4)(a)(iii).
(6) A public transportation vehicle may operate in a lane designated under Subsection
(4)(a)(iii) regardless of the number of occupants as permitted by federal law and regulation.
(7) A person who operates a vehicle in violation of Subsection (2) or in violation of the
restrictions made under Subsection (4) is guilty of an infraction.
Section 4. 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:
(i) reduce the speed of the vehicle;
(ii) provide as much space as practical to the stationary authorized emergency vehicle;
and
(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:
(i) reduce the speed of the vehicle; [
and
]
(ii) provide as much space as practical to the stationary tow truck or highway
maintenance vehicle[
.
]
; and
(iii) if traveling in a lane adjacent to the stationary tow truck or highway maintenance
vehicle, if practical and with due regard to safety and traffic conditions, make a lane change
into a lane not adjacent to the tow truck or highway maintenance vehicle.
(b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights,
the requirements in Subsection (3)(a) apply.
[
(b)
] 
(ii)
 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) When an authorized emergency vehicle is using audible or visual signals under
Section 
41-6a-212
 or 
41-6a-1625
, the operator of a vehicle may not:
(a) follow closer than 500 feet behind the authorized emergency vehicle;
(b) pass the authorized emergency vehicle, if the authorized emergency vehicle is
moving; or
(c) stop the vehicle within 500 feet of a fire apparatus which has stopped in answer to a
fire alarm.
[
(4)
] 
(5)
 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)
] 
(6)
 (a) (i) In addition to the penalties prescribed under Subsection [
(7)
] 
(8)
, 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)
]
(6)
(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)
] 
(6)
(a)(i) within 90 days of
sentencing for or pleading guilty to a violation of this section.
(c) Notwithstanding the provisions of Subsection [
(5)
] 
(6)
(b), the Driver License
Division shall shorten the 90-day suspension period imposed under Subsection [
(5)
] 
(6)
(b)
effective immediately upon receiving a certificate of attendance of the four hour live classroom
course required under Subsection [
(5)
] 
(6)
(a)(i) if the certificate of attendance is received
before the completion of the suspension period.
(d) A person whose license is suspended under Subsection [
(5)
] 
(6)
(b) and a person
whose suspension is shortened as described under Subsection [
(5)
] 
(6)
(c) shall pay the license
reinstatement fees under Subsection 
53-3-105
[
(24)
]
(26)
.
[
(6)
] 
(7)
 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)
] 
(8)
 A violation of Subsection (1), (2), or (3) is an infraction.
Section 5. Section 
41-6a-1502
 is amended to read:
41-6a-1502.
Motorcycles, motor-driven cycles, or all-terrain type I vehicles --
Operation on public highways.
(1) (a) A motorcycle or a motor-driven cycle is entitled to full use of a lane.
(b) [
A person
] 
An individual
 may not operate a motor vehicle in a manner that deprives
a motorcycle or motor-driven cycle of the full use of a lane.
(c) This Subsection (1) does not apply to motorcycles or motor-driven cycles operated
two abreast in a single lane.
(2) The operator of a motorcycle or motor-driven cycle may not overtake and pass in
the same lane occupied by the vehicle being overtaken.
(3) 
(a)
 [
A person
] 
Except as described in Subsection (3)(b), an individual
 may not
operate a motorcycle or motor-driven cycle between:
[
(a)
] 
(i)
 lanes of traffic; or
[
(b)
] 
(ii)
 adjacent lines or rows of vehicles.
(b) Subsection (3)(a) does not apply to an individual operating a motorcycle engaging
in lane filtering as described in Section 
41-6a-704
.
(4) Motorcycles or motor-driven cycles may not be operated more than two abreast in a
single lane.
(5) Subsections (2) and (3)
(a)
 do not apply to peace officers acting in the peace
officers' official capacities.
(6) The provisions of this section also apply to all-terrain type I vehicles.
(7) A violation of this section is an infraction.