Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 53 Fifth Substitute (2022GS)

Sponsor

Sen. Iwamoto, J.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends penalties for a violation related to speed races on a highway;
• allows the seizure of a vehicle that is not street legal that is engaged in a speed race or exhibition of speed on a highway;
• provides a minimum fine for a speeding violation where the individual was traveling at a speed of 100 miles per hour or more;
• amends the offense of reckless driving to include traveling on a highway at a speed of 105 miles per hour or greater; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVER SPEEDING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jani Iwamoto
House Sponsor: 
Ryan D. Wilcox
LONG TITLE
General Description:
This bill amends the offense of reckless driving to include certain speeding violations.
Highlighted Provisions:
This bill:
▸ amends penalties for a violation related to speed races on a highway;
▸ allows the seizure of a vehicle that is not street legal that is engaged in a speed race
or exhibition of speed on a highway;
▸ provides a minimum fine for a speeding violation where the individual was
traveling at a speed of 100 miles per hour or more;
▸ amends the offense of reckless driving to include traveling on a highway at a speed
of 105 miles per hour or greater; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-528
, as last amended by Laws of Utah 2009, Chapter 292
41-6a-601
, as last amended by Laws of Utah 2019, Chapter 149
41-6a-606
, as last amended by Laws of Utah 2017, Chapter 181
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-528
 is amended to read:
41-6a-528.
Reckless driving -- Penalty.
(1) A person is guilty of reckless driving who operates a vehicle[
: (a)
] in willful or
wanton disregard for the safety of persons or property[
; or
]
.
[
(b) while committing three or more moving traffic violations under Title 41, Chapter
6a, Traffic Code, in a series of acts occurring within a single continuous period of driving
covering three miles or less in total distance.
]
(2) For purposes of this section, "willful or wanton disregard for the safety of persons
or property" includes:
(a) traveling on a highway at a speed of 105 miles per hour or greater; or
(b) committing three or more traffic violations under Title 41, Chapter 6a, Traffic
Code, in a series of acts occurring within a single continuous period of driving covering three
miles or less in total distance.
[
(2)
] 
(3)
 A person who violates Subsection (1) is guilty of a class B misdemeanor.
Section 2. Section 
41-6a-601
 is amended to read:
41-6a-601.
Speed regulations -- Safe and appropriate speeds at certain locations
-- Prima facie speed limits -- Emergency power of the governor.
(1) A person may not operate a vehicle at a speed greater than is reasonable and
prudent under the existing conditions, giving regard to the actual and potential hazards then
existing, including when:
(a) approaching and crossing an intersection or railroad grade crossing;
(b) approaching and going around a curve;
(c) approaching a hill crest;
(d) traveling upon any narrow or winding roadway;
(e) traveling in, through, or approaching other hazards that exist due to pedestrians,
other traffic, weather, or highway conditions; and
(f) the speed causes the person to fail to maintain control of the vehicle or stay within a
single lane of travel.
(2) Subject to Subsections (1) and (4) and Sections 
41-6a-602
 and 
41-6a-603
, the
following speeds are lawful:
(a) 20 miles per hour in a reduced speed school zone as defined in Section 
41-6a-303
;
(b) 25 miles per hour in any urban district; and
(c) 55 miles per hour in other locations.
(3) Except as provided in Section 
41-6a-604
, any speed in excess of the limits provided
in this section or established under Sections 
41-6a-602
 and 
41-6a-603
 is prima facie evidence
that the speed is not reasonable or prudent and that it is unlawful.
(4) 
(a)
 A violation of Subsection (1) is an infraction.
(b) For an individual convicted of a speed violation where the individual was operating
at a speed of 100 miles per hour or more, the court shall impose a fine not less than 150% of
the suggested fine in the uniform fine schedule authorized in Section 
76-3-301.5
 and in effect
at the time of the citation.
(5) The governor by proclamation in time of war or emergency may change the speed
limits on the highways of the state.
Section 3. Section 
41-6a-606
 is amended to read:
41-6a-606.
Speed contest or exhibition on highway -- Barricade or obstruction --
-- Spectators of a speed contest -- Seizure of non-street legal vehicles.
(1) A person may not engage in any motor vehicle speed contest or exhibition of speed
on a highway.
(2) A person may not, in any manner, obstruct or place any barricade or obstruction or
assist or participate in placing any barricade or obstruction upon any highway for any purpose
prohibited under Subsection (1).
(3) 
(a)
 A person who violates Subsection (1) is guilty of a class [
B
] 
A
 misdemeanor.
(b) A person who violates Subsection (2) is guilty of a class B misdemeanor.
(4) (a) In addition to the penalty provided under this section or any other section, a
person who violates Subsection (1) shall have the person's driver license suspended under
Subsection 
53-3-220
(1)(a)(xv) for a period of:
(i) 60 days for a first offense; and
(ii) 90 days for a second offense within three years of a prior offense.
(b) The court shall forward the report of the conviction to the Driver License Division
in accordance with Section 
53-3-218
.
(5) A motor vehicle that is not street legal that is operated or used in a manner that
violates this section is subject to seizure in accordance with Title 24, Chapter 2, Seizure of
Property.