Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 391 (2022GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the definition of an autocycle to include a motor vehicle that is equipped with a steering mechanism and seat belts.

Every vote on this bill

Bill text

AUTOCYCLE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill amends the definition of an autocycle.
Highlighted Provisions:
This bill:
▸ amends the definition of an autocycle to include a motor vehicle that is equipped
with a steering mechanism and seat belts.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-102
, as last amended by Laws of Utah 2021, Chapter 120
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-102
 is amended to read:
53-3-102.
Definitions.
As used in this chapter:
(1) "Autocycle" means a motor vehicle that:
(a) is designed to travel with three or fewer wheels in contact with the ground; 
and
[
(b) is equipped with a steering wheel; and
]
[
(c) is equipped with seating that does not require the operator to straddle or sit astride
the vehicle.
]
(b) is equipped with:
(i) a steering mechanism;
(ii) seat belts; and
(iii) seating that does not require the operator to straddle or sit astride the motor
vehicle.
(2) "Cancellation" means the termination by the division of a license issued through
error or fraud or for which consent under Section 
53-3-211
 has been withdrawn.
(3) "Class D license" means the class of license issued to drive motor vehicles not
defined as commercial motor vehicles or motorcycles under this chapter.
(4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
permit:
(a) issued under Section 
53-3-408
; or
(b) issued by a state or other jurisdiction of domicile in compliance with the standards
contained in 49 C.F.R. Part 383.
(5) "Commercial driver license" or "CDL" means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L.
99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
commercial motor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States
with one of the document requirements described in Subsection 
53-3-410
(1)(i)(i).
(6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
driving record that:
(i) applies to a person who holds or is required to hold a commercial driver instruction
permit or a CDL license; and
(ii) contains the following:
(A) information contained in the driver history, including convictions, pleas held in
abeyance, disqualifications, and other licensing actions for violations of any state or local law
relating to motor vehicle traffic control, committed in any type of vehicle;
(B) driver self-certification status information under Section 
53-3-410.1
; and
(C) information from medical certification record keeping in accordance with 49
C.F.R. Sec. 383.73(o).
(b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
motor vehicle record described in Subsection (30).
(7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
vehicles designed or used to transport passengers or property if the motor vehicle:
(i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
determined by federal regulation;
(ii) is designed to transport 16 or more passengers, including the driver; or
(iii) is transporting hazardous materials and is required to be placarded in accordance
with 49 C.F.R. Part 172, Subpart F.
(b) The following vehicles are not considered a commercial motor vehicle for purposes
of Part 4, Uniform Commercial Driver License Act:
(i) equipment owned and operated by the United States Department of Defense when
driven by any active duty military personnel and members of the reserves and national guard on
active duty including personnel on full-time national guard duty, personnel on part-time
training, and national guard military technicians and civilians who are required to wear military
uniforms and are subject to the code of military justice;
(ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
as a motor carrier for hire;
(iii) firefighting and emergency vehicles;
(iv) recreational vehicles that are not used in commerce and are driven solely as family
or personal conveyances for recreational purposes; and
(v) vehicles used to provide transportation network services, as defined in Section
13-51-102
.
(8) "Conviction" means any of the following:
(a) an unvacated adjudication of guilt or a determination that a person has violated or
failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
(b) an unvacated forfeiture of bail or collateral deposited to secure a person's
appearance in court;
(c) a plea of guilty or nolo contendere accepted by the court;
(d) the payment of a fine or court costs; or
(e) violation of a condition of release without bail, regardless of whether the penalty is
rebated, suspended, or probated.
(9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
do not apply.
(10) "Director" means the division director appointed under Section 
53-3-103
.
(11) "Disqualification" means either:
(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
of a person's privileges to drive a commercial motor vehicle;
(b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
391; or
(c) the loss of qualification that automatically follows conviction of an offense listed in
49 C.F.R. Part 383.51.
(12) "Division" means the Driver License Division of the department created in
Section 
53-3-103
.
(13) "Downgrade" means to obtain a lower license class than what was originally
issued during an existing license cycle.
(14) "Drive" means:
(a) to operate or be in physical control of a motor vehicle upon a highway; and
(b) in Subsections 
53-3-414
(1) through (3), Subsection 
53-3-414
(5), and Sections
53-3-417
 and 
53-3-418
, the operation or physical control of a motor vehicle at any place within
the state.
(15) (a) "Driver" means an individual who drives, or is in actual physical control of a
motor vehicle in any location open to the general public for purposes of vehicular traffic.
(b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
federal law.
(16) "Driving privilege card" means the evidence of the privilege granted and issued
under this chapter to drive a motor vehicle to a person whose privilege was obtained without
providing evidence of lawful presence in the United States.
(17) "Electronic license certificate" means the evidence, in an electronic format as
described in Section 
53-3-235
, of a privilege granted under this chapter to drive a motor
vehicle.
(18) "Extension" means a renewal completed in a manner specified by the division.
(19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(20) "Highway" means the entire width between property lines of every way or place of
any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
(21) "Human driver" means the same as that term is defined in Section 
41-26-102.1
.
(22) "Identification card" means a card issued under Part 8, Identification Card Act, to
a person for identification purposes.
(23) "Indigent" means that a person's income falls below the federal poverty guideline
issued annually by the U.S. Department of Health and Human Services in the Federal Register.
(24) "License" means the privilege to drive a motor vehicle.
(25) (a) "License certificate" means the evidence of the privilege issued under this
chapter to drive a motor vehicle.
(b) "License certificate" evidence includes:
(i) a regular license certificate;
(ii) a limited-term license certificate;
(iii) a driving privilege card;
(iv) a CDL license certificate;
(v) a limited-term CDL license certificate;
(vi) a temporary regular license certificate;
(vii) a temporary limited-term license certificate; and
(viii) an electronic license certificate created in Section 
53-3-235
.
(26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
commercial motor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States
with one of the document requirements described in Subsection 
53-3-410
(1)(i)(ii).
(27) "Limited-term identification card" means an identification card issued under this
chapter to a person whose card was obtained by providing evidence of lawful presence in the
United States with one of the document requirements described in Subsection
53-3-804
(2)(i)(ii).
(28) "Limited-term license certificate" means the evidence of the privilege granted and
issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
providing evidence of lawful presence in the United States with one of the document
requirements described in Subsection 
53-3-205
(8)(a)(ii)(B).
(29) "Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(30) "Motor vehicle record" or "MVR" means a driving record under Subsection
53-3-109
(6)(a).
(31) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
saddle for the use of the rider and designed to travel with not more than three wheels in contact
with the ground.
(33) "Office of Recovery Services" means the Office of Recovery Services, created in
Section 
62A-11-102
.
(34) "Operate" means the same as that term is defined in Section 
41-1a-102
.
(35) (a) "Owner" means a person other than a lien holder having an interest in the
property or title to a vehicle.
(b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
a security interest in another person but excludes a lessee under a lease not intended as security.
(36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
or other financial penalty imposed on an individual by a court or other government entity.
(37) (a) "Private passenger carrier" means any motor vehicle for hire that is:
(i) designed to transport 15 or fewer passengers, including the driver; and
(ii) operated to transport an employee of the person that hires the motor vehicle.
(b) "Private passenger carrier" does not include:
(i) a taxicab;
(ii) a motor vehicle driven by a transportation network driver as defined in Section
13-51-102
;
(iii) a motor vehicle driven for transportation network services as defined in Section
13-51-102
; and
(iv) a motor vehicle driven for a transportation network company as defined in Section
13-51-102
 and registered with the Division of Consumer Protection as described in Section
13-51-104
.
(38) "Regular identification card" means an identification card issued under this
chapter to a person whose card was obtained by providing evidence of lawful presence in the
United States with one of the document requirements described in Subsection 
53-3-804
(2)(i)(i).
(39) "Regular license certificate" means the evidence of the privilege issued under this
chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
presence in the United States with one of the document requirements described in Subsection
53-3-205
(8)(a)(ii)(A).
(40) "Renewal" means to validate a license certificate so that it expires at a later date.
(41) "Reportable violation" means an offense required to be reported to the division as
determined by the division and includes those offenses against which points are assessed under
Section 
53-3-221
.
(42) (a) "Resident" means an individual who:
(i) has established a domicile in this state, as defined in Section 
41-1a-202
, or
regardless of domicile, remains in this state for an aggregate period of six months or more
during any calendar year;
(ii) engages in a trade, profession, or occupation in this state, or who accepts
employment in other than seasonal work in this state, and who does not commute into the state;
(iii) declares himself to be a resident of this state by obtaining a valid Utah driver
license certificate or motor vehicle registration; or
(iv) declares himself a resident of this state to obtain privileges not ordinarily extended
to nonresidents, including going to school, or placing children in school without paying
nonresident tuition or fees.
(b) "Resident" does not include any of the following:
(i) a member of the military, temporarily stationed in this state;
(ii) an out-of-state student, as classified by an institution of higher education,
regardless of whether the student engages in any type of employment in this state;
(iii) a person domiciled in another state or country, who is temporarily assigned in this
state, assigned by or representing an employer, religious or private organization, or a
governmental entity; or
(iv) an immediate family member who resides with or a household member of a person
listed in Subsections (42)(b)(i) through (iii).
(43) "Revocation" means the termination by action of the division of a licensee's
privilege to drive a motor vehicle.
(44) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
primary, or secondary school students to and from home and school, or to and from school
sponsored events.
(b) "School bus" does not include a bus used as a common carrier as defined in Section
59-12-102
.
(45) "Suspension" means the temporary withdrawal by action of the division of a
licensee's privilege to drive a motor vehicle.
(46) "Taxicab" means any class D motor vehicle transporting any number of
passengers for hire and that is subject to state or federal regulation as a taxi.