Enrolled
\n1st Sub.
\n1
\nCRIMINAL JUSTICE PROGRAMS AND AMENDMENTS<\/p>\n
2
\n2015 GENERAL SESSION<\/p>\n
3
\nSTATE OF UTAH<\/p>\n
4
\nChief Sponsor: Eric K. Hutchings<\/p>\n
5
\nSenate Sponsor: J. Stuart Adams<\/p>\n
6 Cosponsors:
\n7 Patrice M. Arent
\n8 Stewart Barlow
\n9 Joel K. Briscoe
\n10 Melvin R. Brown
\n11 Rebecca Chavez-Houck
\n12 LaVar Christensen
\n13 Kim Coleman
\n14 Fred C. Cox
\n15 Rich Cunningham
\n16 Brad M. Daw
\n17 Sophia M. DiCaro
\n18 Jack R. Draxler
\n19 Susan Duckworth
\n20 Rebecca P. Edwards
\n21 Justin L. Fawson
\n22 Gage Froerer
\n23 Francis D. Gibson
\nBrian M. Greene
\nKeith Grover
\nCraig Hall
\nStephen G. Handy
\nTimothy D. Hawkes
\nSandra Hollins
\nGregory H. Hughes
\nDon L. Ipson
\nKen Ivory
\nBrad King
\nBrian S. King
\nBradley G. Last
\nDaniel McCay
\nMike K. McKell
\nJustin J. Miller
\nCarol Spackman Moss
\nMerrill F. Nelson
\nMichael E. Noel
\nCurtis Oda
\nLee B. Perry
\nJeremy A. Peterson
\nMarie H. Poulson
\nPaul Ray
\nMarc K. Roberts
\nAngela Romero
\nDouglas V. Sagers
\nScott D. Sandall
\nDean Sanpei
\nRobert M. Spendlove
\nJon E. Stanard
\nEarl D. Tanner
\nRaymond P. Ward
\nMark A. Wheatley
\nBrad R. Wilson
\n24
\n25 LONG TITLE
\n26 General Description:
\n27 This bill amends Utah Code provisions regarding corrections, sentencing, probation and
\n28 parole, controlled substance offenses, substance abuse and mental health treatment,
\n29 vehicle offenses, and related provisions to modify penalties and sentencing guidelines,
\n30 treatment programs for persons in the criminal justice system, and probation and parole
\n31 compliance and violations to address recidivism.
\n32 Highlighted Provisions:
\n33 This bill:
\n34 \u25b8 reduces penalties for specified offenses involving controlled substances and
\n35 provides that specified penalties be increased for subsequent convictions for the
\n36 same offenses;
\n37 \u25b8 reduces the penalties for motor vehicle and vessel offenses as specified;
\n38 \u25b8 defines criminal risk factors and requires that these factors be considered in
\n39 providing mental health and substance abuse treatment through governmental
\n40 programs to individuals involved in the criminal justice system;
\n41 \u25b8 requires the Division of Substance Abuse and Mental Health to establish standards
\n42 for mental health and substance abuse treatment, and for treatment providers,
\n43 concerning individuals who are incarcerated or who are required by a court or the
\n44 Board of Pardons and Parole to participate in treatment;
\n45 \u25b8 requires that the Division of Substance Abuse and Mental Health, working with the
\n46 courts and the Department of Corrections, establish performance goals and outcome
\n47 measurements for treatment programs, including recidivism;
\n48 \u25b8 requires that the Division of Substance Abuse and Mental Health track the
\n49 performance and outcome data and make this information available to the public;
\n50 \u25b8 requires that the collected data be submitted to the Commission on Criminal and
\n51 Juvenile Justice and that the commission compile the data and make it available to
\n52 specified legislative interim committees;
\n53 \u25b8 requires the Division of Substance Abuse and Mental Health, in collaboration with
\n54 the Commission on Criminal and Juvenile Justice, to analyze specified programs
\n55 and practices, and provide recommendations to the Legislature;
\n56 \u25b8 requires the Commission on Criminal and Juvenile Justice to study and report on
\n57 programs initiated by state and local agencies to address recidivism, including cost reductions
\n58 and the costs and resources required to meet goals for providing treatment as an alternative to
\n59 incarceration;
\n60 \u25b8 provides that the Commission on Criminal and Juvenile Justice administer a
\n61 performance incentive grant program that allocates funds to counties for programs
\n62 and practices that reduce recidivism;
\n63 \u25b8 requires that the Sentencing Commission modify sentencing guidelines, criminal
\n64 history scores, and guidelines for periods of incarceration to implement the
\n65 recommendations of the Commission on Criminal and Juvenile Justice regarding
\n66 reducing recidivism;
\n67 \u25b8 requires that the Sentencing Commission establish graduated sanctions to provide
\n68 prompt and effective responses to violations of probation or parole;
\n69 \u25b8 requires that the Sentencing Commission establish graduated incentives to provide
\n70 prompt and effective responses to an offender’s compliance and positive conduct;
\n71 \u25b8 requires that the Department of Corrections implement the graduated sanctions and
\n72 incentives established by the Sentencing Commission;
\n73 \u25b8 requires that the Department of Corrections, in collaboration with the Commission
\n74 on Criminal and Juvenile Justice, the Division of Substance Abuse and Mental
\n75 Health, and the Utah Association of Counties gather information related to
\n76 treatment and program outcomes, including recidivism reduction and cost savings
\n77 based on the reduction in the number of inmates, and provide the information to the
\n78 Commission on Criminal and Juvenile Justice;
\n79 \u25b8 provides payments to county jails for housing probation and parole violators as
\n80 funding is available;
\n81 \u25b8 requires that the Department of Corrections develop case action plans for offenders,
\n82 including a risk and needs assessment and treatment priorities;
\n83 \u25b8 provides that the Department of Corrections may impose a sanction of three to five
\n84 days for violations of probation or parole as part of the program of graduated
\n85 sanctions;
\n86 \u25b8 requires that the Department of Corrections evaluate and update inmates’ case action
\n87 plans, including treatment resources and supervision levels to address reentry of
\n88 inmates into the community at the termination of incarceration;
\n89 \u25b8 requires that the Department of Corrections establish a program allowing offenders
\n90 to earn credits of days for compliance with terms of probation or parole, which will
\n91 reduce the time on probation or parole;
\n92 \u25b8 requires that the Department of Corrections report annually to the Commission on
\n93 Criminal and Juvenile Justice the data collected regarding the earned credits
\n94 program;
\n95 \u25b8 requires the Department of Corrections to establish standards, including best
\n96 practices, for treatment programs provided in county jails;
\n97 \u25b8 requires the Department of Corrections to establish standards and a certification
\n98 program for the public and private providers of the treatment programs;
\n99 \u25b8 requires the Department of Corrections to establish goals and outcome
\n100 measurements regarding the treatment programs, collect related data, and analyze
\n101 the data to determine effectiveness;
\n102 \u25b8 requires that the Department of Corrections collaborate with the Division of
\n103 Substance Abuse and Mental Health to:
\n104 \u2022 track a group of program participants to determine net benefit from using
\n105 treatment as an alternative to incarceration; and
\n106 \u2022 evaluate costs and resources needed to meet goals for using treatment as an
\n107 alternative to incarceration;
\n108 \u25b8 requires that the Department of Corrections provide the data collected regarding the
\n109 treatment programs to the Commission on Criminal and Juvenile Justice for the
\n110 commission’s use in preparing its annual report;
\n111 \u25b8 requires that the Department of Corrections establish an audit for compliance with
\n112 the treatment standards;
\n113 \u25b8 provides that time served in confinement for a violation of probation is counted as
\n114 time served toward any term of incarceration imposed for the violation of probation;
\n115 \u25b8 requires that the Board of Pardons and Parole establish an earned time program that
\n116 reduces the period of incarceration for offenders who successfully complete
\n117 programs intended to reduce the risk of recidivism, collect data on the
\n118 implementation of the program, and report the data to the Commission on Criminal
\n119 and Juvenile Justice;
\n120 \u25b8 requires that if the Board of Pardons and Parole orders incarceration for a parole
\n121 violation, the board shall impose a period of incarceration that is consistent with the
\n122 guidelines established by the Sentencing Commission;
\n123 \u25b8 amends the offense of criminal trespass; and
\n124 \u25b8 modifies a description regarding restricted persons and dangerous weapons as
\n125 related to amendments made in this legislation regarding controlled substances.
\n126 Money Appropriated in this Bill:
\n127 None
\n128 Other Special Clauses:
\n129 This bill provides a special effective date.
\n130 Utah Code Sections Affected:
\n131 AMENDS:
\n132 41-1a-201, as last amended by Laws of Utah 2014, Chapter 237
\n133 41-1a-205, as last amended by Laws of Utah 2014, Chapter 229
\n134 41-1a-214, as renumbered and amended by Laws of Utah 1992, Chapter 1
\n135 41-1a-218, as last amended by Laws of Utah 2013, Chapter 91
\n136 41-1a-220, as renumbered and amended by Laws of Utah 1992, Chapter 1
\n137 41-1a-221, as last amended by Laws of Utah 1999, Chapter 238
\n138 41-1a-229, as last amended by Laws of Utah 2014, Chapter 237
\n139 41-1a-301, as last amended by Laws of Utah 2014, Chapter 237
\n140 41-1a-401, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
\n141 41-1a-402, as last amended by Laws of Utah 2008, Chapter 210
\n142 41-1a-403, as renumbered and amended by Laws of Utah 1992, Chapter 1
\n143 41-1a-404, as last amended by Laws of Utah 2008, Chapter 106
\n144 41-1a-414, as last amended by Laws of Utah 2003, Chapter 1
\n145 41-1a-701, as last amended by Laws of Utah 1993, Chapter 222
\n146 41-1a-702, as last amended by Laws of Utah 2012, Chapter 379
\n147 41-1a-703, as renumbered and amended by Laws of Utah 1992, Chapter 1
\n148 41-1a-704, as last amended by Laws of Utah 1992, Chapter 234 and renumbered and
\n149 amended by Laws of Utah 1992, Chapter 1
\n150 41-1a-803, as renumbered and amended by Laws of Utah 1992, Chapter 1
\n151 41-1a-904, as renumbered and amended by Laws of Utah 1992, Chapter 1
\n152 41-1a-1206, as last amended by Laws of Utah 2014, Chapters 61, 237, and 237
\n153 41-1a-1302, as enacted by Laws of Utah 1992, Chapter 1
\n154 41-1a-1303, as last amended by Laws of Utah 2013, Chapter 245
\n155 41-1a-1303.5, as enacted by Laws of Utah 2013, Chapter 245
\n156 41-1a-1304, as renumbered and amended by Laws of Utah 1992, Chapter 1
\n157 41-1a-1307, as last amended by Laws of Utah 2002, Chapter 56
\n158 41-1a-1310, as last amended by Laws of Utah 1992, Chapter 218 and renumbered and
\n159 amended by Laws of Utah 1992, Chapter 1
\n160 41-6a-202, as last amended by Laws of Utah 2013, Chapter 47
\n161 41-6a-216, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n162 41-6a-304, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n163 41-6a-305, as last amended by Laws of Utah 2014, Chapter 39
\n164 41-6a-306, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n165 41-6a-307, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n166 41-6a-308, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n167 41-6a-309, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n168 41-6a-311, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n169 41-6a-401, as last amended by Laws of Utah 2011, Chapter 241
\n170 41-6a-401.7, as enacted by Laws of Utah 2007, Chapter 132
\n171 41-6a-402, as last amended by Laws of Utah 2013, Chapter 65
\n172 41-6a-405, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n173 41-6a-407, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n174 41-6a-518, as last amended by Laws of Utah 2011, Chapter 421
\n175 41-6a-526, as last amended by Laws of Utah 2010, Chapters 256 and 276
\n176 41-6a-601, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n177 41-6a-605, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n178 41-6a-702, as last amended by Laws of Utah 2013, Chapter 254
\n179 41-6a-703, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n180 41-6a-704, as last amended by Laws of Utah 2008, Chapter 350
\n181 41-6a-705, as last amended by Laws of Utah 2013, Chapter 210
\n182 41-6a-706, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n183 41-6a-706.5, as last amended by Laws of Utah 2013, Chapter 431
\n184 41-6a-707, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n185 41-6a-708, as last amended by Laws of Utah 2013, Chapter 293
\n186 41-6a-709, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n187 41-6a-710, as last amended by Laws of Utah 2013, Chapter 294
\n188 41-6a-711, as last amended by Laws of Utah 2007, Chapter 52
\n189 41-6a-712, as last amended by Laws of Utah 2011, Chapter 363
\n190 41-6a-713, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n191 41-6a-714, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n192 41-6a-716, as enacted by Laws of Utah 2005, Chapter 245
\n193 41-6a-717, as enacted by Laws of Utah 2013, Chapter 233
\n194 41-6a-801, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n195 41-6a-802, as last amended by Laws of Utah 2012, Chapter 135
\n196 41-6a-803, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n197 41-6a-804, as last amended by Laws of Utah 2007, Chapter 52
\n198 41-6a-901, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n199 41-6a-902, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n200 41-6a-903, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n201 41-6a-904, as last amended by Laws of Utah 2012, Chapter 308
\n202 41-6a-906, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n203 41-6a-907, as renumbered and amended by Laws of Utah 2005, Chapter 26
\n204 41-6a-1001, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n205 41-6a-1003, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n206 41-6a-1004, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n207 41-6a-1005, as last amended by Laws of Utah 2012, Chapter 135
\n208 41-6a-1009, as last amended by Laws of Utah 2014, Chapter 306
\n209 41-6a-1115, as last amended by Laws of Utah 2007, Chapter 322
\n210 41-6a-1116, as last amended by Laws of Utah 2007, Chapter 86
\n211 41-6a-1117, as enacted by Laws of Utah 2005, Chapter 111
\n212 41-6a-1201, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n213 41-6a-1202, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n214 41-6a-1203, as last amended by Laws of Utah 2012, Chapter 135
\n215 41-6a-1204, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n216 41-6a-1205, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n217 41-6a-1206, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n218 41-6a-1301, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n219 41-6a-1302, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n220 41-6a-1307, as last amended by Laws of Utah 2008, Chapter 382
\n221 41-6a-1402, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n222 41-6a-1404, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n223 41-6a-1407, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n224 41-6a-1408, as last amended by Laws of Utah 2011, Chapter 386
\n225 41-6a-1501, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n226 41-6a-1502, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n227 41-6a-1503, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n228 41-6a-1504, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n229 41-6a-1505, as last amended by Laws of Utah 2010, Chapter 363
\n230 41-6a-1506, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n231 41-6a-1508, as last amended by Laws of Utah 2010, Chapter 255
\n232 41-6a-1509, as last amended by Laws of Utah 2014, Chapters 104 and 229
\n233 41-6a-1601, as last amended by Laws of Utah 2008, Chapters 36 and 382
\n234 41-6a-1602, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n235 41-6a-1603, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n236 41-6a-1604, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n237 41-6a-1606, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n238 41-6a-1607, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n239 41-6a-1608, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n240 41-6a-1609, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n241 41-6a-1610, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n242 41-6a-1611, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n243 41-6a-1612, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n244 41-6a-1613, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n245 41-6a-1616, as last amended by Laws of Utah 2006, Chapter 100
\n246 41-6a-1618, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n247 41-6a-1619, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n248 41-6a-1623, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n249 41-6a-1624, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n250 41-6a-1625, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n251 41-6a-1626, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n252 41-6a-1627, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n253 41-6a-1628, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n254 41-6a-1630, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n255 41-6a-1631, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n256 41-6a-1632, as last amended by Laws of Utah 2005, Chapter 26 and renumbered and
\n257 amended by Laws of Utah 2005, Chapter 2
\n258 41-6a-1633, as last amended by Laws of Utah 2009, Chapter 171
\n259 41-6a-1634, as last amended by Laws of Utah 2013, Chapter 140
\n260 41-6a-1635, as last amended by Laws of Utah 2005, Chapter 26 and renumbered and
\n261 amended by Laws of Utah 2005, Chapter 2
\n262 41-6a-1636, as last amended by Laws of Utah 2008, Chapter 382
\n263 41-6a-1637, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n264 41-6a-1638, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n265 41-6a-1639, as last amended by Laws of Utah 2008, Chapter 382
\n266 41-6a-1641, as renumbered and amended by Laws of Utah 2005, Chapter 2
\n267 41-6a-1713, as last amended by Laws of Utah 2013, Chapter 365
\n268 41-8-1, as last amended by Laws of Utah 2008, Chapters 36 and 250
\n269 41-8-2, as last amended by Laws of Utah 2006, Chapter 234
\n270 41-8-3, as last amended by Laws of Utah 2006, Chapter 234
\n271 41-12a-302, as last amended by Laws of Utah 2007, Chapter 132
\n272 41-12a-303.2, as last amended by Laws of Utah 2013, Chapters 91 and 138
\n273 41-22-3, as last amended by Laws of Utah 2012, Chapter 319
\n274 41-22-4, as last amended by Laws of Utah 2006, Chapter 160
\n275 41-22-5.5, as last amended by Laws of Utah 2010, Chapter 308
\n276 41-22-10.1, as last amended by Laws of Utah 1999, Chapter 73
\n277 41-22-10.2, as last amended by Laws of Utah 2005, Chapter 2
\n278 41-22-10.3, as last amended by Laws of Utah 2008, Chapter 36
\n279 41-22-10.7, as last amended by Laws of Utah 2010, Chapter 77
\n280 41-22-11, as last amended by Laws of Utah 1986, Second Special Session, Chapter 1
\n281 41-22-12, as last amended by Laws of Utah 2009, Chapters 289 and 344
\n282 41-22-12.1, as last amended by Laws of Utah 2002, Chapter 148
\n283 41-22-12.2, as enacted by Laws of Utah 2009, Chapter 289
\n284 41-22-12.5, as last amended by Laws of Utah 2009, Chapter 289
\n285 41-22-12.7, as enacted by Laws of Utah 2009, Chapter 289
\n286 41-22-13, as last amended by Laws of Utah 1986, Second Special Session, Chapter 1
\n287 41-22-15, as last amended by Laws of Utah 1989, Chapter 21
\n288 41-22-17, as last amended by Laws of Utah 2004, Chapter 159
\n289 53-3-202, as last amended by Laws of Utah 2009, Chapter 253
\n290 53-3-203, as last amended by Laws of Utah 1997, Chapter 51
\n291 53-3-207, as last amended by Laws of Utah 2014, Chapter 85
\n292 53-3-208, as renumbered and amended by Laws of Utah 1993, Chapter 234
\n293 53-3-210.6, as enacted by Laws of Utah 2008, Chapter 304
\n294 53-3-213, as last amended by Laws of Utah 2010, Chapter 324
\n295 53-3-217, as last amended by Laws of Utah 1997, Chapter 51
\n296 53-3-218, as last amended by Laws of Utah 2011, Chapter 190
\n297 53-3-412, as last amended by Laws of Utah 2013, Chapter 411
\n298 53-8-205, as last amended by Laws of Utah 2013, Chapter 453
\n299 53B-3-107, as last amended by Laws of Utah 2009, Chapter 388
\n300 58-37-8, as last amended by Laws of Utah 2014, Chapters 19 and 51
\n301 62A-15-102, as last amended by Laws of Utah 2011, Chapter 342
\n302 62A-15-103, as last amended by Laws of Utah 2014, Chapters 119, 205, and 240
\n303 63M-7-204, as renumbered and amended by Laws of Utah 2008, Chapter 382
\n304 63M-7-404, as renumbered and amended by Laws of Utah 2008, Chapter 382
\n305 64-13-1, as last amended by Laws of Utah 2003, Chapter 36
\n306 64-13-6, as last amended by Laws of Utah 2011, Chapter 51
\n307 64-13-7.5, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
\n308 64-13-14.5, as enacted by Laws of Utah 1987, Chapter 116
\n309 64-13-21, as last amended by Laws of Utah 2008, Chapter 382
\n310 64-13-25, as last amended by Laws of Utah 2008, Chapter 382
\n311 64-13-26, as last amended by Laws of Utah 1989, Chapter 224
\n312 64-13-29, as last amended by Laws of Utah 1994, Chapter 13
\n313 64-13e-104, as last amended by Laws of Utah 2014, Chapter 436
\n314 72-7-402, as last amended by Laws of Utah 2008, Chapters 140 and 382
\n315 72-7-403, as last amended by Laws of Utah 2012, Chapter 304
\n316 72-7-404, as last amended by Laws of Utah 1999, Chapter 21
\n317 72-7-405, as renumbered and amended by Laws of Utah 1998, Chapter 270
\n318 72-7-406, as last amended by Laws of Utah 2012, Chapter 304
\n319 72-7-407, as last amended by Laws of Utah 2008, Chapters 140 and 382
\n320 72-7-408, as last amended by Laws of Utah 2001, Chapter 37
\n321 72-7-409, as last amended by Laws of Utah 2013, Chapter 365
\n322 73-18-6, as last amended by Laws of Utah 1987, Chapter 99
\n323 73-18-7, as last amended by Laws of Utah 2009, Chapter 183
\n324 73-18-8, as last amended by Laws of Utah 2010, Chapter 256
\n325 73-18-8.1, as enacted by Laws of Utah 1990, Chapter 216
\n326 73-18-13, as last amended by Laws of Utah 2012, Chapter 153
\n327 73-18-15.1, as last amended by Laws of Utah 2010, Chapter 256
\n328 73-18-15.2, as last amended by Laws of Utah 2009, Chapter 183
\n329 73-18-15.3, as enacted by Laws of Utah 1998, Chapter 205
\n330 73-18-16, as last amended by Laws of Utah 2012, Chapter 411
\n331 73-18-20.4, as enacted by Laws of Utah 1990, Chapter 216
\n332 73-18-21, as last amended by Laws of Utah 1987, Chapter 99
\n333 73-18c-302, as last amended by Laws of Utah 2006, Chapter 211
\n334 73-18c-304, as last amended by Laws of Utah 2011, Chapter 386
\n335 76-3-202, as last amended by Laws of Utah 2013, Chapter 278
\n336 76-6-206, as last amended by Laws of Utah 2013, Chapter 152
\n337 76-10-503, as last amended by Laws of Utah 2014, Chapters 299 and 428
\n338 77-1-3, as last amended by Laws of Utah 2008, Chapter 3
\n339 77-18-1, as last amended by Laws of Utah 2014, Chapters 120 and 170
\n340 77-27-1, as last amended by Laws of Utah 2013, Chapter 41
\n341 77-27-10, as last amended by Laws of Utah 2008, Chapters 294 and 382
\n342 77-27-11, as last amended by Laws of Utah 2010, Chapter 110
\n343 78A-5-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
\n344 ENACTS:
\n345 64-13-10.5, Utah Code Annotated 1953
\n346 77-27-5.4, Utah Code Annotated 1953
\n347
\n348 Be it enacted by the Legislature of the state of Utah:
\n349 Section 1. Section 41-1a-201 is amended to read:
\n350 41-1a-201. Function of registration — Registration required — Penalty.
\n351 (1) Unless exempted, a person may not operate and an owner may not give another
\n352 person permission to operate a motor vehicle, combination of vehicles, trailer, semitrailer,
\n353 vintage vehicle, off-highway vehicle, vessel, or park model recreational vehicle in this state
\n354 unless it has been registered in accordance with this chapter, Title 41, Chapter 22,
\n355 Off-Highway Vehicles, or Title 73, Chapter 18, State Boating Act.
\n356 (2) A violation of this section is an infraction.
\n357 Section 2. Section 41-1a-205 is amended to read:
\n358 41-1a-205. Safety inspection certificate required for renewal or registration of
\n359 motor vehicle — Exemptions.
\n360 (1) If required in the current year, a safety inspection certificate, as required by Section
\n361 53-8-205, or proof of exemption from safety inspection shall be presented at the time of, and as
\n362 a condition of, registration or renewal of registration of a motor vehicle.
\n363 (2) (a) Except as provided in Subsections (2)(b), (c), and (d), the safety inspection
\n364 required under this section may be made no more than two months prior to the renewal of
\n365 registration.
\n366 (b) (i) If the title of a used motor vehicle is being transferred, a safety inspection
\n367 certificate issued for the motor vehicle during the previous 11 months may be used to satisfy
\n368 the requirement under Subsection (1).
\n369 (ii) If the transferor is a licensed and bonded used motor vehicle dealer, a safety
\n370 inspection certificate issued for the motor vehicle in a licensed and bonded motor vehicle
\n371 dealer’s name during the previous 11 months may be used to satisfy the requirement under
\n372 Subsection (1).
\n373 (c) If the title of a leased vehicle is being transferred to the lessee of the vehicle, a
\n374 safety inspection certificate issued during the previous 11 months may be used to satisfy the
\n375 requirement under Subsection (1).
\n376 (d) If the motor vehicle is part of a fleet of 101 or more vehicles, the safety inspection
\n377 required under this section may be made no more than 11 months prior to the renewal of
\n378 registration.
\n379 (e) If the application for renewal of registration is for a six-month registration period
\n380 under Section 41-1a-215.5, a safety inspection certificate issued during the previous eight
\n381 months may be used to satisfy the requirement under Subsection (1).
\n382 (3) (a) The following motor vehicles are exempt from this section:
\n383 (i) except as provided in Subsection (3)(b), a new motor vehicle when registered the
\n384 first time, if:
\n385 (A) a new car predelivery inspection has been made by a dealer;
\n386 (B) the dealer provides a written disclosure statement listing any known deficiency,
\n387 existing with the new motor vehicle at the time of delivery, that would cause the motor vehicle
\n388 to fail a safety inspection given in accordance with Section 53-8-205; and
\n389 (C) the buyer signs the disclosure statement to acknowledge that the buyer has read and
\n390 understands the listed deficiencies;
\n391 (ii) a motor vehicle required to be registered under this chapter that bears a dealer plate
\n392 or other special plate under Title 41, Chapter 3, Part 5, Special Dealer License Plates, except
\n393 that if the motor vehicle is propelled by its own power and is not being moved for repair or
\n394 dismantling, the motor vehicle shall comply with Section 41-6a-1601 regarding safe
\n395 mechanical condition; and
\n396 (iii) a vintage vehicle as defined in Section 41-21-1.
\n397 (b) A street-legal all-terrain vehicle registered in accordance with Section 41-6a-1509
\n398 is subject to a safety inspection:
\n399 (i) the first time that a person registers an off-highway vehicle as a street-legal
\n400 all-terrain vehicle; and
\n401 (ii) subsequently, on the same frequency as described in Subsection 53-8-205(2) based
\n402 on the age of the vehicle as determined by the model year identified by the manufacturer.
\n403 (4) (a) A safety inspection certificate shall be displayed on:
\n404 (i) all registered commercial motor vehicles with a gross vehicle weight rating of
\n405 26,000 pounds or more;
\n406 (ii) a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with
\n407 multiple axles;
\n408 (iii) a combination unit; and
\n409 (iv) a bus or van for hire.
\n410 (b) A commercial vehicle under Subsection (4)(a) is exempt from the requirements of
\n411 Subsection (1).
\n412 (5) A motor vehicle may be sold and the title assigned to the new owner without a
\n413 valid safety inspection, but the motor vehicle may not be registered in the new owner’s name
\n414 until the motor vehicle complies with this section.
\n415 (6) A violation of this section is an infraction.
\n416 Section 3. Section 41-1a-214 is amended to read:
\n417 41-1a-214. Registration card to be signed, carried, and exhibited.
\n418 (1) A registration card shall be signed by the owner in ink in the space provided.
\n419 (2) A registration card shall be carried at all times in the vehicle to which it was issued.
\n420 (3) The person driving or in control of a vehicle shall display the registration card upon
\n421 demand of a peace officer or any officer or employee of the division.
\n422 (4) A violation of this section is an infraction.
\n423 Section 4. Section 41-1a-218 is amended to read:
\n424 41-1a-218. Notice of change of address.
\n425 (1) If a person after making application for or obtaining a vehicle registration moves
\n426 from the address named in the application, the person shall within 10 days of moving notify the
\n427 division of his old and new addresses.
\n428 (2) A violation of this section is an infraction.
\n429 Section 5. Section 41-1a-220 is amended to read:
\n430 41-1a-220. Lost or damaged registration card.
\n431 (1) If a registration card is lost, mutilated, or becomes illegible the owner of the vehicle
\n432 for which the registration card was issued, as shown by the records of the division, shall
\n433 immediately:
\n434 [(1)] (a) apply for a duplicate;
\n435 [(2)] (b) furnish the information satisfactory to the division; and
\n436 [(3)] (c) pay the proper fees.
\n437 (2) A violation of this section is an infraction.
\n438 Section 6. Section 41-1a-221 is amended to read:
\n439 41-1a-221. Registration of vehicles of political subdivisions or state — Renewal of
\n440 registration — Expiration of registration — Certification of information — Failure to
\n441 comply.
\n442 (1) (a) An entity referred to in Subsection 41-1a-407(1) shall register by June 30 of
\n443 each year each vehicle that it owns, operates, or leases.
\n444 (b) This section does not apply to unmarked vehicles referred to in Section 41-1a-407,
\n445 which shall be registered by the expiration date on the registration card.
\n446 (2) (a) The entity shall apply to the division to renew registration pursuant to Section
\n447 41-1a-217.
\n448 (b) The division shall renew registration pursuant to Section 41-1a-216.
\n449 (3) A registration card and license plate issued to an entity under this section are in full
\n450 force and effect until:
\n451 (a) the registration expires;
\n452 (b) the vehicle is no longer owned or operated by that entity; or
\n453 (c) the division takes action as provided in Subsection (6).
\n454 (4) (a) If the owner of a vehicle subject to the provisions of this section transfers or
\n455 assigns title or interest in the vehicle, the registration of that vehicle expires.
\n456 (b) The transferor shall remove the license plates and within 20 days from the date of
\n457 transfer forward them to the division to be destroyed.
\n458 (5) Each entity shall:
\n459 (a) account to the division annually for all “EX” license plates issued to it; and
\n460 (b) certify to the division that the information is correct.
\n461 (6) If an entity fails to comply with this section, the division may:
\n462 (a) refuse to renew the registration of its vehicles;
\n463 (b) refuse to issue it additional license plates;
\n464 (c) suspend all its vehicle registrations; and
\n465 (d) recall license plates issued to an entity refusing to comply with this section.
\n466 (6) A violation of this section is an infraction.
\n467 Section 7. Section 41-1a-229 is amended to read:
\n468 41-1a-229. Display of gross laden weight.
\n469 (1) Each vehicle registered by gross laden weight and exceeding 12,000 pounds of
\n470 gross laden weight shall have the gross laden weight for which it is registered painted,
\n471 stenciled, or shown by decal upon both the left and right sides of the vehicle, in a conspicuous
\n472 place, in letters of a reasonable size as determined by the commission.
\n473 (2) If vehicles are registered in combination, the gross laden weight for which the
\n474 combination of vehicles is registered shall be displayed upon the power unit.
\n475 (3) An owner or operator of a vehicle or combination of vehicles may not display a
\n476 gross laden weight other than that shown on the certificate of registration of the vehicle.
\n477 (4) A park model recreational vehicle is exempt from this section.
\n478 (5) A violation of this section is an infraction.
\n479 Section 8. Section 41-1a-301 is amended to read:
\n480 41-1a-301. Apportioned registration and licensing of interstate vehicles.
\n481 (1) (a) An owner or operator of a fleet of commercial vehicles based in this state and
\n482 operating in two or more jurisdictions may register commercial vehicles for operation under the
\n483 International Registration Plan or the Uniform Vehicle Registration Proration and Reciprocity
\n484 Agreement by filing an application with the division.
\n485 (b) The application shall include information that identifies the vehicle owner, the
\n486 vehicle, the miles traveled in each jurisdiction, and other information pertinent to the
\n487 registration of apportioned vehicles.
\n488 (c) Vehicles operated exclusively in this state may not be apportioned.
\n489 (2) (a) If no operations were conducted during the preceding year, the application shall
\n490 contain a statement of the proposed operations and an estimate of annual mileage for each
\n491 jurisdiction.
\n492 (b) The division may adjust the estimate if the division is not satisfied with its
\n493 correctness.
\n494 (c) At renewal, the registrant shall use the actual mileage from the preceding year in
\n495 computing fees due each jurisdiction.
\n496 (3) The registration fee for apportioned vehicles shall be determined as follows:
\n497 (a) divide the in-jurisdiction miles by the total miles generated during the preceding
\n498 year;
\n499 (b) total the fees for each vehicle based on the fees prescribed in Section 41-1a-1206;
\n500 and
\n501 (c) multiply the sum obtained under Subsection (3)(b) by the quotient obtained under
\n502 Subsection (3)(a).
\n503 (4) Trailers or semitrailers of apportioned fleets may be listed separately as “trailer
\n504 fleets” with the fees paid according to the total distance those trailers were towed in all
\n505 jurisdictions during the preceding year mileage reporting period.
\n506 (5) (a) (i) When the proper fees have been paid and the property tax or in lieu fee has
\n507 been cleared under Section 41-1a-206 or 41-1a-207, a registration card, annual decal, and
\n508 where necessary, license plate, will be issued for each unit listed on the application.
\n509 (ii) An original registration must be carried in each vehicle at all times.
\n510 (b) Original registration cards for trailers or semitrailers may be carried in the power
\n511 unit.
\n512 (c) (i) In lieu of a permanent registration card or license plate, the division may issue
\n513 one temporary permit authorizing operation of new or unlicensed vehicles until the permanent
\n514 registration is completed.
\n515 (ii) Once a temporary permit is issued, the registration process may not be cancelled.
\n516 Registration must be completed and the fees and any property tax or in lieu fee due must be
\n517 paid for the vehicle for which the permit was issued.
\n518 (iii) Temporary permits may not be issued for renewals.
\n519 (d) (i) The division shall issue one distinctive license plate that displays the letters APP
\n520 for apportioned vehicles.
\n521 (ii) The plate shall be displayed on the front of an apportioned truck tractor or power
\n522 unit or on the rear of any apportioned vehicle.
\n523 (iii) Distinctive decals displaying the word “apportioned” and the month and year of
\n524 expiration shall be issued for each apportioned vehicle.
\n525 (e) A nonrefundable administrative fee, determined by the commission pursuant to
\n526 Section 63J-1-504, shall be charged for each temporary permit, registration, or both.
\n527 (6) Vehicles that are apportionally registered are fully registered for intrastate and
\n528 interstate movements, providing the proper interstate and intrastate authority has been secured.
\n529 (7) (a) Vehicles added to an apportioned fleet after the beginning of the registration
\n530 year shall be registered by applying the quotient under Subsection (3)(a) for the original
\n531 application to the fees due for the remainder of the registration year.
\n532 (b) (i) The owner shall maintain and submit complete annual mileage for each vehicle
\n533 in each jurisdiction, showing all miles operated by the lessor and lessee.
\n534 (ii) The fiscal mileage reporting period begins July 1, and continues through June 30 of
\n535 the year immediately preceding the calendar year in which the registration year begins.
\n536 (c) (i) An owner-operator, who is a lessor, may be the registrant and the vehicle may be
\n537 registered in the name of the owner-operator.
\n538 (ii) The identification plates and registration card shall be the property of the lessor and
\n539 may reflect both the owner-operator’s name and that of the carrier as lessee.
\n540 (iii) The allocation of fees shall be according to the operational records of the
\n541 owner-operator.
\n542 (d) (i) The lessee may be the registrant of a leased vehicle at the option of the lessor.
\n543 (ii) If a lessee is the registrant of a leased vehicle, both the lessor’s and lessee’s name
\n544 shall appear on the registration.
\n545 (iii) The allocation of fees shall be according to the records of the carrier.
\n546 (8) (a) Any registrant whose application for apportioned registration has been accepted
\n547 shall preserve the records on which the application is based for a period of three years after the
\n548 close of the registration year.
\n549 (b) The records shall be made available to the division upon request for audit as to
\n550 accuracy of computations, payments, and assessments for deficiencies, or allowances for
\n551 credits.
\n552 (c) An assessment for deficiency or claim for credit may not be made for any period for
\n553 which records are no longer required.
\n554 (d) Interest in the amount prescribed by Section 59-1-402 shall be assessed or paid
\n555 from the date due until paid on deficiencies found due after audit.
\n556 (e) Registrants with deficiencies are subject to the penalties under Section 59-1-401.
\n557 (f) The division may enter into agreements with other International Registration Plan
\n558 jurisdictions for joint audits.
\n559 (9) (a) Except as provided in Subsection (9)(b), all state fees collected under this
\n560 section shall be deposited in the Transportation Fund.
\n561 (b) The following fees may be used by the commission as a dedicated credit to cover
\n562 the costs of electronic credentialing as provided in Section 41-1a-303:
\n563 (i) $5 of each temporary registration permit fee paid under Subsection (12)(a)(i) for a
\n564 single unit; and
\n565 (ii) $10 of each temporary registration permit fee paid under Subsection (12)(a)(ii) for
\n566 multiple units.
\n567 (10) If registration is for less than a full year, fees for apportioned registration shall be
\n568 assessed according to Section 41-1a-1207.
\n569 (a) (i) If the registrant is replacing a vehicle for one withdrawn from the fleet and the
\n570 new vehicle is of the same weight category as the replaced vehicle, the registrant must file a
\n571 supplemental application.
\n572 (ii) A registration card that transfers the license plate to the new vehicle shall be issued.
\n573 (iii) When a replacement vehicle is of greater weight than the replaced vehicle,
\n574 additional registration fees are due.
\n575 (b) If a vehicle is withdrawn from an apportioned fleet during the period for which it is
\n576 registered, the registrant shall notify the division and surrender the registration card and license
\n577 plate of the withdrawn vehicle.
\n578 (11) (a) An out-of-state carrier with an apportionally registered vehicle who has not
\n579 presented a certificate of property tax or in lieu fee as required by Section 41-1a-206 or
\n580 41-1a-207, shall pay, at the time of registration, a proportional part of an equalized highway
\n581 use tax computed as follows:
\n582 (i) Multiply the number of vehicles or combination vehicles registered in each weight
\n583 class by the equivalent tax figure from the following tables:<\/p>\n
584 \tVehicle or Combination
\nRegistered Weight
\nAge of Vehicle
\nEquivalent Tax
\n585 \t12,000 pounds or less\t12 or more years\t\t$10
\n586 \t12,000 pounds or less\t9 or more years but less than 12 years\t\t$50
\n587 \t12,000 pounds or less\t6 or more years but less than 9 years\t\t$80
\n588 \t12,000 pounds or less\t3 or more years but less than 6 years\t\t$110
\n589 \t12,000 pounds or less\tLess than 3 years\t\t$150<\/p>\n
590 \t\tVehicle or Combination
\nRegistered Weight\tEquivalent
\nTax
\n591 \t\t12,001 – 18,000 pounds\t\t$150
\n592 \t\t18,001 – 34,000 pounds\t\t200
\n593 \t\t34,001 – 48,000 pounds\t\t300
\n594 \t\t48,001 – 64,000 pounds\t\t450
\n595 \t\t64,001 pounds and over\t\t600
\n596 (ii) Multiply the equivalent tax value for the total fleet determined under Subsection
\n597 (11)(a)(i) by the fraction computed under Subsection (3) for the apportioned fleet for the
\n598 registration year.
\n599 (b) Fees shall be assessed as provided in Section 41-1a-1207.
\n600 (12) (a) Commercial vehicles meeting the registration requirements of another
\n601 jurisdiction may, as an alternative to full or apportioned registration, secure a temporary
\n602 registration permit for a period not to exceed 96 hours or until they leave the state, whichever is
\n603 less, for a fee of:
\n604 (i) $25 for a single unit; and
\n605 (ii) $50 for multiple units.
\n606 (b) A state temporary permit or registration fee is not required from nonresident owners
\n607 or operators of vehicles or combination of vehicles having a gross laden weight of 26,000
\n608 pounds or less for each single unit or combination.
\n609 (13) A park model recreational vehicle may not be registered under this section.
\n610 (14) A violation of this section is an infraction.
\n611 Section 9. Section 41-1a-401 is amended to read:
\n612 41-1a-401. License plates — Number of plates — Reflectorization — Indicia of
\n613 registration in lieu of or used with plates.
\n614 (1) (a) The division upon registering a vehicle shall issue to the owner:
\n615 (i) one license plate for a motorcycle, trailer, or semitrailer;
\n616 (ii) one decal for a park model recreational vehicle, in lieu of a license plate, which
\n617 shall be attached in plain sight to the rear of the park model recreational vehicle;
\n618 (iii) one decal for a camper, in lieu of a license plate, which shall be attached in plain
\n619 sight to the rear of the camper; and
\n620 (iv) two identical license plates for every other vehicle.
\n621 (b) The license plate or decal issued under Subsection (1)(a) is for the particular
\n622 vehicle registered and may not be removed during the term for which the license plate or decal
\n623 is issued or used upon any other vehicle than the registered vehicle.
\n624 (2) The division may receive applications for registration renewal, renew registration,
\n625 and issue new license plates or decals at any time prior to the expiration of registration.
\n626 (3) (a) All license plates to be manufactured and issued by the division shall be treated
\n627 with a fully reflective material on the plate face that provides effective and dependable
\n628 reflective brightness during the service period of the license plate.
\n629 (b) The division shall prescribe all license plate material specifications and establish
\n630 and implement procedures for conforming to the specifications.
\n631 (c) The specifications for the materials used such as the aluminum plate substrate, the
\n632 reflective sheeting, and glue shall be drawn in a manner so that at least two manufacturers may
\n633 qualify as suppliers.
\n634 (d) The granting of contracts for the materials shall be by public bid.
\n635 (4) (a) The commission may issue, adopt, and require the use of indicia of registration
\n636 it considers advisable in lieu of or in conjunction with license plates as provided in this part.
\n637 (b) All provisions of this part relative to license plates apply to these indicia of
\n638 registration, so far as the provisions are applicable.
\n639 (5) A violation of this section is an infraction, except that a violation of Subsection
\n640 (1)(b) is a class C misdemeanor.
\n641 Section 10. Section 41-1a-402 is amended to read:
\n642 41-1a-402. Required colors, numerals, and letters — Expiration.
\n643 (1) Each license plate shall have displayed on it:
\n644 (a) the registration number assigned to the vehicle for which it is issued;
\n645 (b) the name of the state; and
\n646 (c) a registration decal showing the date of expiration displayed in accordance with
\n647 Subsection (6).
\n648 (2) If registration is extended by affixing a registration decal to the license plate, the
\n649 expiration date of the decal governs the expiration date of the license plate.
\n650 (3) Except as provided in Subsection (4), each original license plate that is not one of
\n651 the special group license plates issued under Section 41-1a-418 shall be a:
\n652 (a) statehood centennial license plate with the same color, design, and slogan as the
\n653 plates issued in conjunction with the statehood centennial; or
\n654 (b) Ski Utah license plate.
\n655 (4) Beginning on the date that the division determines the existing inventories of
\n656 statehood centennial license plates and Ski Utah license plates are exhausted, each license plate
\n657 that is not one of the special group license plates issued under Section 41-1a-418 shall:
\n658 (a) display the “Life Elevated” slogan; and
\n659 (b) have a color and design approved by the 57th Legislature in the 2007 General
\n660 Session that features:
\n661 (i) a skier with the “Greatest Snow on Earth” slogan; or
\n662 (ii) Delicate Arch.
\n663 (5) (a) Except as provided under Subsection 41-1a-215(2), license plates shall be
\n664 renewed annually.
\n665 (b) (i) The division shall issue the vehicle owner a month decal and a year decal upon
\n666 the vehicle’s first registration with the division.
\n667 (ii) The division shall issue the vehicle owner only a year decal upon subsequent
\n668 renewals of registration to validate registration renewal.
\n669 (6) The decals issued in accordance with Subsection (5) shall be applied as follows:
\n670 (a) for license plates issued beginning in 1974 through 1985, decals displayed on
\n671 license plates with black lettering on a white background shall be applied to the lower left-hand
\n672 corner of the rear of the license plate vehicles;
\n673 (b) decals displayed on statehood centennial license plates and on Ski Utah license
\n674 plates issued in accordance with Subsection (3) shall be applied to the upper left-hand corner of
\n675 the rear license plate;
\n676 (c) decals displayed on special group license plates issued in accordance with Section
\n677 41-1a-418 shall be applied to the upper right-hand corner of the license plate unless there is a
\n678 plate indentation on the upper left-hand corner of the license plate;
\n679 (d) decals displayed on license plates with the “Life Elevated” slogan issued in
\n680 accordance with Subsection (4) shall be applied in the upper left-hand corner for the month
\n681 decal and the upper right-hand corner for the year decal;
\n682 (e) decals issued for truck tractors shall be applied to the front license plate in the
\n683 position described in Subsection (6)(a), (b), or (d);
\n684 (f) decals issued for motorcycles shall be applied to the upper corner of the license
\n685 plate opposite the word “Utah”; and
\n686 (g) decals displayed on license plates issued under Section 41-1a-416 shall be applied
\n687 as appropriate for the year of the plate.
\n688 (7) (a) The month decal issued in accordance with Subsection (5) shall be displayed on
\n689 the license plate in the left position.
\n690 (b) The year decal issued in accordance with Subsection (5) shall be displayed on the
\n691 license plate in the right position.
\n692 (8) The current year decal issued in accordance with Subsection (5) shall be placed
\n693 over the previous year decal.
\n694 (9) If a license plate, month decal, or year decal is lost or destroyed, a replacement shall
\n695 be issued upon application and payment of the fees required under Section 41-1a-1211 or
\n696 41-1a-1212.
\n697 (10) A violation of this section is an infraction.
\n698 Section 11. Section 41-1a-403 is amended to read:
\n699 41-1a-403. Plates to be legible from 100 feet.
\n700 (1) License plates and the required letters and numerals on them, except the decals and
\n701 the slogan, shall be of sufficient size to be plainly readable from a distance of 100 feet during
\n702 daylight.
\n703 (2) A violation of this section is an infraction.
\n704 Section 12. Section 41-1a-404 is amended to read:
\n705 41-1a-404. Location and position of plates.
\n706 (1) License plates issued for a vehicle other than a motorcycle, trailer, or semitrailer
\n707 shall be attached to the vehicle, one in the front and the other in the rear.
\n708 (2) The license plate issued for a motorcycle, trailer, or semitrailer shall be attached to
\n709 the rear of the motorcycle, trailer, or semitrailer.
\n710 (3) Every license plate shall at all times be:
\n711 (a) securely fastened:
\n712 (i) in a horizontal position to the vehicle for which it is issued to prevent the plate from
\n713 swinging;
\n714 (ii) at a height of not less than 12 inches from the ground, measuring from the bottom
\n715 of the plate; and
\n716 (iii) in a place and position to be clearly visible; and
\n717 (b) maintained:
\n718 (i) free from foreign materials; and
\n719 (ii) in a condition to be clearly legible.
\n720 (4) Enforcement by a state or local law enforcement officer of the requirement under
\n721 Subsection (1) to attach a license plate to the front of a vehicle shall be only as a secondary
\n722 action when the vehicle has been detained for a suspected violation by any person in the
\n723 vehicle of Title 41, Motor Vehicles, other than the requirement under Subsection (1) to attach a
\n724 license plate to the front of the vehicle, or for another offense.
\n725 (5) A violation of this section is an infraction.
\n726 Section 13. Section 41-1a-414 is amended to read:
\n727 41-1a-414. Parking privileges for persons with disabilities.
\n728 (1) As used in this section, “accessible parking space” means a parking space that is
\n729 clearly identified as reserved for use by a person with a disability and includes:
\n730 (a) vertical signage, including the international symbol of accessibility, that is visible
\n731 from a passing vehicle; and
\n732 (b) a clearly marked access aisle, if provided, that is adjacent to and considered part of
\n733 the parking space.
\n734 (2) Except in parking areas designated for emergency use, a person with a disability,
\n735 qualifying under rules made in accordance with Section 41-1a-420, may park an appropriately
\n736 marked vehicle for reasonable periods without charge in metered parking zones and restricted
\n737 parking areas, in a manner that allows proper access to the vehicle by the person with a
\n738 disability.
\n739 (3) (a) Only those vehicles carrying a person with a disability special group license
\n740 plate, temporary removable windshield placard, or removable windshield placard and
\n741 transporting a qualifying person with a disability may park in an accessible parking space.
\n742 (b) A violation of Subsection (3)(a) is a class C misdemeanor.
\n743 (4) This section applies to and may be enforced on public property and on private
\n744 property that is used or intended for use by the public.
\n745 (5) The parking privileges granted by this section also apply to vehicles displaying a
\n746 person with a disability special group license plate, temporary removable windshield placard,
\n747 or removable windshield placard issued by another jurisdiction if displayed on a vehicle being
\n748 used by a person with a disability.
\n749 Section 14. Section 41-1a-701 is amended to read:
\n750 41-1a-701. Transfer by owner — Removal of plates.
\n751 (1) If the owner of a registered vehicle transfers his title or interest to the vehicle the
\n752 registration of the vehicle expires. The owner shall remove the license plates from the
\n753 transferred vehicle.
\n754 (2) Within 20 days from the date of transfer the owner shall forward the plates to the
\n755 division to be destroyed or may have the plates and the registration number assigned to another
\n756 vehicle, subject to the rules of the division.
\n757 (3) A violation of this section is an infraction.
\n758 Section 15. Section 41-1a-702 is amended to read:
\n759 41-1a-702. Endorsement of assignment and warranty of title — Co-owners.
\n760 (1) (a) To transfer a vehicle, vessel, or outboard motor the owner shall endorse the
\n761 certificate of title issued for the vehicle, vessel, or outboard motor in the space for assignment
\n762 and warranty of title.
\n763 (b) The endorsement and assignment shall include a statement of all liens or
\n764 encumbrances on the vehicle, vessel, or outboard motor.
\n765 (c) Upon the endorsement and assignment of a certificate of title, the same certificate
\n766 of title may not be reendorsed and reassigned to a new owner except as provided in Section
\n767 41-1a-705.
\n768 (2) (a) If a title certificate reflects the names of two or more people as co-owners in the
\n769 alternative by use of the word “or” or “and\/or,” each co-owner is considered to have granted the
\n770 other co-owners the absolute right to endorse and deliver title and to dispose of the vehicle,
\n771 vessel, or outboard motor.
\n772 (b) If the title certificate reflects the names of two or more people as co-owners in the
\n773 conjunctive by use of the word “and,” or the title does not reflect any alternative or conjunctive
\n774 word, the endorsement of each co-owner is required to transfer title to the vehicle, vessel, or
\n775 outboard motor.
\n776 (3) The owner shall deliver the certificate of title containing the odometer disclosure
\n777 statement required under Section 41-1a-902 and the certificate of registration to the purchaser
\n778 or transferee at the time of, or within 48 hours after delivering the vehicle, vessel, or outboard
\n779 motor, as applicable, except as provided for under Sections 41-3-301, 41-1a-519, and
\n780 41-1a-709.
\n781 (4) A violation of this section is an infraction, except that a violation of Subsection (3)
\n782 is a class C misdemeanor.
\n783 Section 16. Section 41-1a-703 is amended to read:
\n784 41-1a-703. New owner to secure new registration and new certificate of title.
\n785 (1) The transferee before operating or permitting the operation of a transferred vehicle
\n786 on a highway shall present to the division the certificate of registration and the certificate of
\n787 title, properly endorsed, and shall apply for a new certificate of title and obtain a new
\n788 registration for the transferred vehicle, as upon an original registration, except as permitted
\n789 under Sections 41-1a-223, 41-1a-520, and 41-1a-704.
\n790 (2) A violation of this section is an infraction.
\n791 Section 17. Section 41-1a-704 is amended to read:
\n792 41-1a-704. Transfer by operation of law.
\n793 (1) Except as provided under Subsection (2), if the title or interest of an owner in or to
\n794 a registered vehicle passes to another person other than by voluntary transfer:
\n795 (a) the registration of the vehicle expires; and
\n796 (b) the vehicle may not be operated upon a highway until the person entitled to
\n797 possession of the vehicle applies for and obtains a valid registration or temporary permit.
\n798 (2) (a) A vehicle under Subsection (1) may be operated on the highways by the person
\n799 entitled to its possession or his legal representative, for a distance not exceeding 75 miles, upon
\n800 displaying on the vehicle the license plates issued to the former owner.
\n801 (b) If title is vested in a person holding a lien or encumbrance on the vehicle, the new
\n802 title holder may apply to the Motor Vehicle Enforcement Division for special plates issued
\n803 under Section 41-3-505 to transporters and may operate the repossessed vehicle under the
\n804 special plate for the purposes of:
\n805 (i) transporting the vehicle to a garage or warehouse; or
\n806 (ii) demonstrating the vehicle for sale.
\n807 (3) A violation of this section is an infraction.
\n808 Section 18. Section 41-1a-803 is amended to read:
\n809 41-1a-803. Identification numbers — Assigning numbers — Requirement for sale.
\n810 (1) (a) If a vehicle, vessel, or outboard motor has a permanent manufacturer’s
\n811 identification number, the number shall be used as the vehicle’s, vessel’s, or outboard motor’s
\n812 identification number.
\n813 (b) If it has no permanent manufacturer’s identification number, the division shall
\n814 assign an identification number to it.
\n815 (c) An identification number assigned by the division shall be permanently affixed or
\n816 imprinted on the vehicle, vessel, or outboard motor as directed by the division.
\n817 (2) A person may not sell or offer for sale in this state a new vehicle, vessel, or
\n818 outboard motor without an identification number.
\n819 (3) (a) Each permanent manufacturer’s identification number for a vehicle shall be
\n820 clearly marked in an accessible place on a vehicle.
\n821 (b) (i) Each permanent manufacturer’s identification number for a vessel shall be
\n822 clearly marked in an accessible place on the starboard outboard side of the transom or to the
\n823 starboard outboard side of the hull.
\n824 (ii) If the permanent manufacturer’s identification number is displayed in a location
\n825 other than on or near the starboard outboard side of the transom, the manufacturer shall notify
\n826 the division of its location.
\n827 (4) A person may not destroy, remove, alter, or cover an identification number.
\n828 (5) A violation of this section is an infraction, except that Subsection (4) is a class C
\n829 misdemeanor.
\n830 Section 19. Section 41-1a-904 is amended to read:
\n831 41-1a-904. Retention of statements by dealers — Inspection.
\n832 (1) Each dealer required to execute and furnish an odometer mileage disclosure
\n833 statement under Section 41-1a-902 shall retain at its primary place of business for four years
\n834 after each transfer of a motor vehicle each statement that he receives and a legible copy of each
\n835 statement that he issues in connection with those transfers.
\n836 (2) These statements shall be available for inspection by, and copies shall be furnished
\n837 to, any peace officer during reasonable business hours.
\n838 (3) A violation of this section is an infraction.
\n839 Section 20. Section 41-1a-1206 is amended to read:
\n840 41-1a-1206. Registration fees — Fees by gross laden weight.
\n841 (1) Except as provided in Subsections (2) and (3), at the time application is made for
\n842 registration or renewal of registration of a vehicle or combination of vehicles under this
\n843 chapter, a registration fee shall be paid to the division as follows:
\n844 (a) $44.50 for each motorcycle;
\n845 (b) $43 for each motor vehicle of 12,000 pounds or less gross laden weight, excluding
\n846 motorcycles;
\n847 (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
\n848 or is registered under Section 41-1a-301:
\n849 (i) $31 for each trailer or semitrailer over 750 pounds gross unladen weight; or
\n850 (ii) $28.50 for each commercial trailer or commercial semitrailer of 750 pounds or less
\n851 gross unladen weight;
\n852 (d) (i) $53 for each farm truck over 12,000 pounds, but not exceeding 14,000 pounds
\n853 gross laden weight; plus
\n854 (ii) $9 for each 2,000 pounds over 14,000 pounds gross laden weight;
\n855 (e) (i) $69.50 for each motor vehicle or combination of motor vehicles, excluding farm
\n856 trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden weight; plus
\n857 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
\n858 (f) (i) $69.50 for each park model recreational vehicle over 12,000 pounds, but not
\n859 exceeding 14,000 pounds gross laden weight; plus
\n860 (ii) $19 for each 2,000 pounds over 14,000 pounds gross laden weight; and
\n861 (g) $45 for each vintage vehicle that is less than 40 years old.
\n862 (2) At the time application is made for registration or renewal of registration of a
\n863 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
\n864 registration fee shall be paid to the division as follows:
\n865 (a) $33.50 for each motorcycle; and
\n866 (b) $32.50 for each motor vehicle of 12,000 pounds or less gross laden weight,
\n867 excluding motorcycles.
\n868 (3) (a) The initial registration fee for a vintage vehicle that is 40 years old or older is
\n869 $40.
\n870 (b) A vintage vehicle that is 40 years old or older is exempt from the renewal of
\n871 registration fees under Subsection (1).
\n872 (c) A vehicle with a Purple Heart special group license plate issued in accordance with
\n873 Section 41-1a-421 is exempt from the registration fees under Subsection (1).
\n874 (d) A camper is exempt from the registration fees under Subsection (1).
\n875 (4) If a motor vehicle is operated in combination with a semitrailer or trailer, each
\n876 motor vehicle shall register for the total gross laden weight of all units of the combination if the
\n877 total gross laden weight of the combination exceeds 12,000 pounds.
\n878 (5) (a) Registration fee categories under this section are based on the gross laden
\n879 weight declared in the licensee’s application for registration.
\n880 (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
\n881 of 2,000 pounds is a full unit.
\n882 (6) The owner of a commercial trailer or commercial semitrailer may, as an alternative
\n883 to registering under Subsection (1)(c), apply for and obtain a special registration and license
\n884 plate for a fee of $130.
\n885 (7) Except as provided in Section 41-6a-1642, a truck may not be registered as a farm
\n886 truck unless:
\n887 (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
\n888 (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
\n889 (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
\n890 submits to the division a certificate of emissions inspection or a waiver in compliance with
\n891 Section 41-6a-1642.
\n892 (8) A violation of Subsection (7) is a class [B] C misdemeanor that shall be punished
\n893 by a fine of not less than $200.
\n894 (9) Trucks used exclusively to pump cement, bore wells, or perform crane services
\n895 with a crane lift capacity of five or more tons, are exempt from 50% of the amount of the fees
\n896 required for those vehicles under this section.
\n897 Section 21. Section 41-1a-1302 is amended to read:
\n898 41-1a-1302. Infraction.
\n899 A violation of any provision of this chapter is [a class C misdemeanor] an infraction,
\n900 unless otherwise provided.
\n901 Section 22. Section 41-1a-1303 is amended to read:
\n902 41-1a-1303. Driving without registration or certificate of title.
\n903 (1) Except as provided in Section 41-1a-211 or 41-1a-1303.5, a person may not drive
\n904 or move, or an owner may not knowingly permit to be driven or moved upon any highway any
\n905 vehicle of a type required to be registered in this state:
\n906 [(1)] (a) that is not properly registered or for which a certificate of title has not been
\n907 issued or applied for; or
\n908 [(2)] (b) for which the required fee has not been paid.
\n909 (2) A violation of this section is an infraction.
\n910 Section 23. Section 41-1a-1303.5 is amended to read:
\n911 41-1a-1303.5. Driving without registration or certificate of title — Class C
\n912 misdemeanor.
\n913 (1) (a) A violation of Subsection 41-1a-202(3), related to registration of vehicles after
\n914 establishing residency, is a class [B] C misdemeanor and, except as provided in Subsection
\n915 (1)(b), has a minimum fine of $1,000.
\n916 (b) A court may not dismiss an action brought for a violation of Subsection
\n917 41-1a-202(3) merely because the defendant has obtained the appropriate registration
\n918 subsequent to violating the section. The court may, however, reduce the fine to $200 if the
\n919 violator presents evidence at the time of the hearing that:
\n920 (i) the vehicle is currently registered properly; and
\n921 (ii) the violation has not existed for more than one year.
\n922 (2) A court may require proof of proper motor vehicle registration as part of any
\n923 sentence imposed under this section.
\n924 Section 24. Section 41-1a-1304 is amended to read:
\n925 41-1a-1304. Operating motor vehicle, trailer, or semitrailer in excess of registered
\n926 gross laden weight — Infraction.
\n927 It is [a class C misdemeanor] an infraction for a person to operate, or cause to be
\n928 operated, a motor vehicle, trailer, or semitrailer, or combination of them the gross laden weight
\n929 of which is in excess of the gross laden weight for which the motor vehicle, trailer, or
\n930 semitrailer, or combination of vehicles is registered.
\n931 Section 25. Section 41-1a-1307 is amended to read:
\n932 41-1a-1307. Operation of motor vehicles, trailers, or semitrailers without
\n933 payment of fees — Infraction.
\n934 (1) It is [a class C misdemeanor] an infraction for a person to operate a motor vehicle,
\n935 trailer, or semitrailer upon the highways without having paid the title and registration or
\n936 transfer fees and taxes required by law.
\n937 (2) In addition to any other penalty, the owner of a motor vehicle, trailer, or semitrailer
\n938 operated in violation of this section shall pay a penalty equal to title and registration fees in
\n939 addition to any other fee required under this chapter.
\n940 (3) A court may require proof of proper vehicle registration as part of any sentence
\n941 imposed under this section.
\n942 Section 26. Section 41-1a-1310 is amended to read:
\n943 41-1a-1310. Failure to deliver title — Odometer offenses.
\n944 (1) It is [a class B misdemeanor] an infraction for any person to:
\n945 [(1)] (a) fail to properly endorse and deliver a valid certificate of title to a vehicle,
\n946 vessel, or outboard motor to a transferee or owner lawfully entitled to it in accordance with
\n947 Section 41-1a-702, except as provided for under Sections 41-3-301, 41-1a-519, and 41-1a-709;
\n948 or
\n949 [(2)] (b) fail to give an odometer disclosure statement to the transferee as required by
\n950 Section 41-1a-902[;].
\n951 (2) It is a class B misdemeanor to:
\n952 [(3)] (a) operate, or cause to be operated, a motor vehicle knowing that the odometer is
\n953 disconnected or nonfunctional, except while moving the motor vehicle to a place of repair;
\n954 [(4)] (b) offer for sale, sell, use, or install on any part of a motor vehicle or on an
\n955 odometer in a motor vehicle any device that causes the odometer to register miles or kilometers
\n956 other than the true miles or kilometers driven as registered by the odometer within the
\n957 manufacturer’s designed tolerance;
\n958 [(5)] (c) fail to adjust an odometer or affix a notice as required by Section 41-1a-906
\n959 regarding the adjustment;
\n960 [(6)] (d) remove, alter, or cause to be removed or altered any notice of adjustment
\n961 affixed to a motor vehicle as required by Section 41-1a-906; or
\n962 (e) accept or give an incomplete odometer statement when an odometer statement is
\n963 required under Section 41-1a-902.
\n964 [(7)] (3) It is a class C misdemeanor to fail to record the odometer reading on the
\n965 certificate of title at the time of transfer[; or].
\n966 [(8) accept or give an incomplete odometer statement when an odometer statement is
\n967 required under Section 41-1a-902.]
\n968 Section 27. Section 41-6a-202 is amended to read:
\n969 41-6a-202. Violations of chapter — Penalties — Acceptance of plea of guilty.
\n970 (1) As used in this section, “serious bodily injury” is as defined in Section 41-6a-401.3.
\n971 (2) A violation of any provision of this chapter is [a class C misdemeanor] an
\n972 infraction, unless otherwise provided.
\n973 (3) A violation of any provision of Parts 2, 11, 17, and 18 of this chapter is an
\n974 infraction, unless otherwise provided.
\n975 (4) (a) If a person has received a citation for a moving traffic violation under this
\n976 chapter that resulted in a collision and any person involved in the collision sustained serious
\n977 bodily injury or death as a proximate result of the collision, a court may not accept a plea of
\n978 guilty or no contest to a charge for the moving traffic violation unless the prosecutor agrees to
\n979 the plea:
\n980 (i) in open court;
\n981 (ii) in writing; or
\n982 (iii) by another means of communication which the court finds adequate to record the
\n983 prosecutor’s agreement.
\n984 (b) A peace officer that issues a citation for a moving traffic violation under this
\n985 chapter shall record on the citation whether the moving traffic violation resulted in a collision
\n986 in which any person involved in the collision sustained serious bodily injury or death as a
\n987 proximate result of the traffic collision.
\n988 Section 28. Section 41-6a-216 is amended to read:
\n989 41-6a-216. Removal of plants or other obstructions impairing view — Notice to
\n990 owner — Penalty.
\n991 (1) The owner of real property shall remove from his property any tree, plant, shrub, or
\n992 other obstruction, or part of it that constitutes a traffic hazard by obstructing the view of an
\n993 operator of a vehicle on a highway.
\n994 (2) When a highway authority determines on the basis of an engineering and traffic
\n995 investigation that a traffic hazard exists, it shall notify the owner and order that the hazard be
\n996 removed within 10 days.
\n997 (3) The failure of the owner to remove the traffic hazard within 10 days is [a class C
\n998 misdemeanor] an infraction.
\n999 Section 29. Section 41-6a-304 is amended to read:
\n1000 41-6a-304. Obeying devices — Effect of improper position, illegibility, or absence
\n1001 — Presumption of lawful placement and compliance with chapter.
\n1002 (1) (a) Except as otherwise directed by a peace officer or other authorized personnel
\n1003 under Section 41-6a-209 and except as provided under Section 41-6a-212 for authorized
\n1004 emergency vehicles, the operator of a vehicle shall obey the instructions of any traffic-control
\n1005 device placed or held in accordance with this chapter.
\n1006 (b) A violation of Subsection (1)(a) is an infraction.
\n1007 (2) (a) Any provision of this chapter, for which a traffic-control device is required, may
\n1008 not be enforced if at the time and place of the alleged violation the traffic-control device is not
\n1009 in proper position and sufficiently legible to be seen by an ordinarily observant person.
\n1010 (b) The provisions of this chapter are effective independently of the placement of a
\n1011 traffic-control device unless the provision requires the placement of a traffic-control device
\n1012 prior to its enforcement.
\n1013 (3) A traffic-control device placed or held in a position approximately conforming to
\n1014 the requirements of this chapter is presumed to have been placed or held by the official act or
\n1015 direction of a highway authority or other lawful authority, unless the contrary is established by
\n1016 competent evidence.
\n1017 (4) A traffic-control device placed or held under this chapter and purporting to conform
\n1018 to the lawful requirements of the device is presumed to comply with the requirements of this
\n1019 chapter, unless the contrary is established by competent evidence.
\n1020 Section 30. Section 41-6a-305 is amended to read:
\n1021 41-6a-305. Traffic-control signal — At intersections — At place other than
\n1022 intersection — Color of light signal — Inoperative traffic-control signals — Affirmative
\n1023 defense.
\n1024 (1) (a) Green, red, and yellow are the only colors that may be used in a traffic-control
\n1025 signal, except for a:
\n1026 (i) pedestrian traffic-control signal that may use white and orange; and
\n1027 (ii) rail vehicle that may use white.
\n1028 (b) Traffic-control signals apply to the operator of a vehicle and to a pedestrian as
\n1029 provided in this section.
\n1030 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the operator of a vehicle facing a
\n1031 circular green signal may:
\n1032 (A) proceed straight through the intersection;
\n1033 (B) turn right; or
\n1034 (C) turn left.
\n1035 (ii) The operator of a vehicle facing a circular green signal, including an operator
\n1036 turning right or left:
\n1037 (A) shall yield the right-of-way to other vehicles and to pedestrians lawfully within the
\n1038 intersection or an adjacent crosswalk at the time the signal is exhibited; and
\n1039 (B) may not turn right or left if a sign at the intersection prohibits the turn.
\n1040 (b) The operator of a vehicle facing a green arrow signal shown alone or in
\n1041 combination with another indication:
\n1042 (i) may cautiously enter the intersection only to make the movement indicated by the
\n1043 arrow or other indication shown at the same time; and
\n1044 (ii) shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk
\n1045 and to other traffic lawfully using the intersection.
\n1046 (c) Unless otherwise directed by a pedestrian traffic-control signal under Section
\n1047 41-6a-306, a pedestrian facing any green signal other than a green turn arrow may proceed
\n1048 across the roadway within any marked or unmarked crosswalk.
\n1049 (3) (a) The operator of a vehicle facing a steady circular yellow or yellow arrow signal
\n1050 is warned that the allowable movement related to a green signal is being terminated.
\n1051 (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
\n1052 41-6a-306, a pedestrian facing a steady circular yellow or yellow arrow signal is advised that
\n1053 there is insufficient time to cross the roadway before a red indication is shown, and a pedestrian
\n1054 may not start to cross the roadway.
\n1055 (4) (a) Except as provided in Subsection (4)(c), the operator of a vehicle facing a
\n1056 steady circular red or red arrow signal:
\n1057 (i) may not enter the intersection unless entering the intersection to make a movement
\n1058 is permitted by another indication; and
\n1059 (ii) shall stop at a clearly marked stop line, but if none, before entering the marked or
\n1060 unmarked crosswalk on the near side of the intersection and shall remain stopped until an
\n1061 indication to proceed is shown.
\n1062 (b) Unless otherwise directed by a pedestrian traffic-control signal under Section
\n1063 41-6a-306, a pedestrian facing a steady red signal alone may not enter the roadway.
\n1064 (c) (i) (A) The operator of a vehicle facing a steady circular red signal may cautiously
\n1065 enter the intersection to turn right, or may turn left from a one-way street into a one-way street,
\n1066 after stopping as required by Subsection (4)(a).
\n1067 (B) If permitted by a traffic control device on the state highway system, the operator of
\n1068 a vehicle facing a steady red arrow signal may cautiously enter the intersection to turn left from
\n1069 a one-way street into a one-way street after stopping as required by Subsection (4)(a).
\n1070 (ii) The operator of a vehicle under Subsection (4)(c)(i) shall yield the right-of-way to:
\n1071 (A) another vehicle moving through the intersection in accordance with an official
\n1072 traffic-control signal; and
\n1073 (B) a pedestrian lawfully within an adjacent crosswalk.
\n1074 (5) (a) This section applies to a highway or rail line where a traffic-control signal is
\n1075 erected and maintained.
\n1076 (b) Any stop required shall be made at a sign or marking on the highway pavement
\n1077 indicating where the stop shall be made, but, in the absence of any sign or marking, the stop
\n1078 shall be made at the signal.
\n1079 (6) The operator of a vehicle approaching an intersection that has an inoperative
\n1080 traffic-control signal shall:
\n1081 (a) stop before entering the intersection; and
\n1082 (b) yield the right-of-way to any vehicle as required under Section 41-6a-901.
\n1083 (7) (a) For an operator of a motorcycle, moped, or bicycle who is 16 years of age or
\n1084 older, it is an affirmative defense to a violation of Subsection (4)(a) if the operator of a
\n1085 motorcycle, moped, or bicycle facing a steady circular red signal or red arrow:
\n1086 (i) brings the motorcycle, moped, or bicycle to a complete stop at the intersection or
\n1087 stop line;
\n1088 (ii) determines that:
\n1089 (A) the traffic-control signal has not detected the operator’s presence by waiting a
\n1090 reasonable period of time of not less than 90 seconds at the intersection or stop line before
\n1091 entering the intersection;
\n1092 (B) no other vehicle that is entitled to have the right-of-way under applicable law is
\n1093 sitting at, traveling through, or approaching the intersection; and
\n1094 (C) no pedestrians are attempting to cross at or near the intersection in the direction of
\n1095 travel of the operator; and
\n1096 (iii) cautiously enters the intersection and proceeds across the roadway.
\n1097 (b) The affirmative defense under this section does not apply at an active railroad grade
\n1098 crossing as defined in Section 41-6a-1005.
\n1099 (8) A violation of this section is an infraction.
\n1100 Section 31. Section 41-6a-306 is amended to read:
\n1101 41-6a-306. Pedestrian traffic-control signals — Rights and duties.
\n1102 (1) A pedestrian facing a steady “Walk” or symbol of “Walking Person” of a pedestrian
\n1103 traffic-control signal has the right-of-way and may proceed across the roadway in the direction
\n1104 of the signal.
\n1105 (2) A pedestrian facing a flashing “Don’t Walk” or “Upraised Hand” of a pedestrian
\n1106 traffic-control signal may not start to cross the roadway in the direction of the signal, but a
\n1107 pedestrian who has partially completed crossing on the walk signal shall proceed to a sidewalk
\n1108 or safety island.
\n1109 (3) A pedestrian facing a steady “Don’t Walk” or “Upraised Hand” of a pedestrian
\n1110 traffic-control signal may not enter the roadway in the direction of the signal.
\n1111 (4) A violation of this section is an infraction.
\n1112 Section 32. Section 41-6a-307 is amended to read:
\n1113 41-6a-307. Flashing red or yellow signals — Rights and duties of operators —
\n1114 Railroad grade crossings excluded.
\n1115 (1) Except as provided under Section 41-6a-1203 regarding railroad grade [crossing]
\n1116 crossings, the:
\n1117 [(1)] (a) operator of a vehicle facing an illuminated flashing red stop signal used in a
\n1118 traffic-control signal or with a traffic sign shall stop at a clearly marked stop line, but if none,
\n1119 before entering the crosswalk on the nearest side of the intersection, or if none, then at a point
\n1120 nearest the intersecting roadway where the operator has a view of approaching traffic on the
\n1121 intersecting roadway before entering;
\n1122 [(2)] (b) right to proceed is subject to the rules applicable after making a stop at a stop
\n1123 sign; and
\n1124 [(3)] (c) operator of a vehicle facing an illuminated flashing yellow caution signal may
\n1125 cautiously proceed through the intersection or cautiously proceed past the signal.
\n1126 (2) A violation of this section is an infraction.
\n1127 Section 33. Section 41-6a-308 is amended to read:
\n1128 41-6a-308. Lane use control signals — Colors.
\n1129 (1) The operator of a vehicle facing a traffic-control signal placed to control individual
\n1130 lane use shall obey the signal as follows:
\n1131 [(1)] (a) Green signal — vehicular traffic may travel in any lane over which a green
\n1132 signal is shown.
\n1133 [(2)] (b) Steady yellow signal — vehicular traffic is warned that a lane control change is
\n1134 being made.
\n1135 [(3)] (c) Steady red signal — vehicular traffic may not enter or travel in any lane over
\n1136 which a red signal is shown.
\n1137 [(4)] (d) Flashing yellow signal — vehicular traffic may use the lane only for the
\n1138 purpose of approaching and making a left turn.
\n1139 (2) A violation of this section is an infraction.
\n1140 Section 34. Section 41-6a-309 is amended to read:
\n1141 41-6a-309. Prohibition of unauthorized signs, signals, lights, or markings —
\n1142 Commercial advertising — Public nuisance — Removal.
\n1143 (1) Except as provided in Section 41-6a-310, a person may not place, maintain, or
\n1144 display upon or in view of any highway any unauthorized sign, signal, light, marking, or device
\n1145 which:
\n1146 (a) purports to be or which resembles a traffic-control device or railroad sign or signal,
\n1147 or authorized emergency vehicle flashing light;
\n1148 (b) attempts to direct the movement of traffic;
\n1149 (c) hides from view or interferes with the effectiveness of a traffic-control device or
\n1150 any railroad sign or signal; or
\n1151 (d) blinds or dazzles an operator on any adjacent highway.
\n1152 (2) Except as provided under Section 72-7-504 regarding logo advertising, a person
\n1153 may not place or maintain any commercial advertising on any traffic-control device.
\n1154 (3) The provisions of Subsections (1) and (2) do not prohibit a sign on private property
\n1155 adjacent to a highway providing directional information in a manner that may not be mistaken
\n1156 for a traffic-control device.
\n1157 (4) Every prohibited sign, signal, or light, or marking is a public nuisance and the
\n1158 highway authority having jurisdiction over the highway may remove it or cause it to be
\n1159 removed without notice.
\n1160 (5) A violation of this section is an infraction.
\n1161 Section 35. Section 41-6a-311 is amended to read:
\n1162 41-6a-311. Interference with traffic-control devices prohibited — Traffic signal
\n1163 preemption device prohibited — Exceptions — Defense.
\n1164 (1) Except as provided in Subsection (3), a person may not alter, deface, damage,
\n1165 knock down, or remove any:
\n1166 (a) traffic-control device;
\n1167 (b) traffic-monitoring device; or
\n1168 (c) railroad traffic-control device.
\n1169 (2) Except as provided in Subsection (3), a person may not:
\n1170 (a) knowingly use a traffic signal preemption device to interfere with the authorized
\n1171 operation or the authorized cycle of a traffic-control signal; or
\n1172 (b) operate a motor vehicle on a highway while in possession of a traffic signal
\n1173 preemption device.
\n1174 (3) The provisions of Subsections (1) and (2) do not apply to a person authorized by
\n1175 the highway authority or railroad authority with jurisdiction over the device.
\n1176 (4) A violation of Subsection (1) or (2) is a class C misdemeanor.
\n1177 [(4)] (5) It is an affirmative defense to a charge under Subsection (2)(b) that the traffic
\n1178 signal preemption device was inoperative and could not be readily used at the time of the
\n1179 citation or arrest.
\n1180 Section 36. Section 41-6a-401 is amended to read:
\n1181 41-6a-401. Accident involving property damage — Duties of operator, occupant,
\n1182 and owner — Exchange of information — Notification of law enforcement — Penalties.
\n1183 (1) As used in this section, “reason to believe” means information from which a
\n1184 reasonable person would believe that the person may have been involved in an accident.
\n1185 (2) (a) The operator of a vehicle who has reason to believe that the operator may have
\n1186 been involved in an accident resulting only in damage to another vehicle or other property:
\n1187 (i) may move the vehicle as soon as possible off the roadway or freeway main lines,
\n1188 shoulders, medians, or adjacent areas to the nearest safe location on an exit ramp shoulder, a
\n1189 frontage road, the nearest suitable cross street, or other suitable location that does not obstruct
\n1190 traffic; and
\n1191 (ii) shall remain at the scene of the accident or the location described in Subsection
\n1192 (2)(a)(i) until the operator has fulfilled the requirements of this section.
\n1193 (b) Moving a vehicle as required under Subsection (2)(a)(i) does not affect the
\n1194 determination of fault for an accident.
\n1195 (c) If the operator has reason to believe that the operator may have been involved in an
\n1196 accident resulting in damage to another vehicle or other property only after leaving the scene of
\n1197 the accident, the operator shall immediately comply as nearly as possible with the requirements
\n1198 of this section.
\n1199 (3) Except as provided under Subsection (6), if the vehicle or other property is
\n1200 operated, occupied, or attended by any person or if the owner of the vehicle or property is
\n1201 present, the operator of the vehicle involved in the accident shall:
\n1202 (a) give to the persons involved:
\n1203 (i) the operator’s name, address, and the registration number of the vehicle being
\n1204 operated; and
\n1205 (ii) the name of the insurance provider covering the vehicle being operated including
\n1206 the phone number of the agent or provider; and
\n1207 (b) upon request and if available, exhibit the operator’s license to:
\n1208 (i) any investigating peace officer present;
\n1209 (ii) the operator, occupant of, or person attending the vehicle or other property
\n1210 damaged in the accident; and
\n1211 (iii) the owner of property damaged in the accident, if present.
\n1212 (4) The operator of a vehicle involved in an accident shall immediately and by the
\n1213 quickest means of communication available give notice or cause to give notice of the accident
\n1214 to the nearest office of a law enforcement agency if the accident resulted in property damage to
\n1215 an apparent extent of $1,500 or more.
\n1216 (5) Except as provided under Subsection (6), if the vehicle or other property damaged
\n1217 in the accident is unattended, the operator of the vehicle involved in the accident shall:
\n1218 (a) locate and notify the operator or owner of the vehicle or the owner of other property
\n1219 damaged in the accident of the operator’s name, address, and the registration number of the
\n1220 vehicle causing the damage; or
\n1221 (b) attach securely in a conspicuous place on the vehicle or other property a written
\n1222 notice giving the operator’s name, address, and the registration number of the vehicle causing
\n1223 the damage.
\n1224 (6) The operator of a vehicle that provides the information required under this section
\n1225 to an investigating peace officer at the scene of the accident is exempt from providing the
\n1226 information to other persons required under this section.
\n1227 [(7) (a) A person who violates the provisions of Subsection (2) is guilty of a class B
\n1228 misdemeanor.]
\n1229 [(b) A person who violates the provision of Subsection (5) is guilty of a class B
\n1230 misdemeanor.]
\n1231 (7) A violation of this section is a class C misdemeanor.
\n1232 Section 37. Section 41-6a-401.7 is amended to read:
\n1233 41-6a-401.7. Accident involving injury, death, or property damage — Duties of
\n1234 operator, occupant, and owner — Exchange of information — Notification of law
\n1235 enforcement — Penalties.
\n1236 (1) The operator of a vehicle involved in an accident under Section 41-6a-401.3 or
\n1237 41-6a-401.5 shall:
\n1238 (a) give to the persons involved:
\n1239 (i) the operator’s name, address, and the registration number of the vehicle being
\n1240 operated; and
\n1241 (ii) the name of the insurance provider covering the vehicle being operated including
\n1242 the phone number of the agent or provider;
\n1243 (b) upon request and if available, exhibit the operator’s license to:
\n1244 (i) any investigating peace officer present;
\n1245 (ii) the person struck;
\n1246 (iii) the operator, occupant of, or person attending the vehicle or other property
\n1247 damaged in the accident; and
\n1248 (iv) the owner of property damaged in the accident, if present; and
\n1249 (c) render to any person injured in the accident reasonable assistance, including
\n1250 transporting or making arrangements for transporting, of the injured person to a physician or
\n1251 hospital for medical treatment if:
\n1252 (i) it is apparent that treatment is necessary; or
\n1253 (ii) transportation is requested by the injured person.
\n1254 (2) The operator of a vehicle involved in an accident under Section 41-6a-401.3 or
\n1255 41-6a-401.5 shall immediately and by the quickest means of communication available give
\n1256 notice or cause to give notice of the accident to the nearest office of a law enforcement agency.
\n1257 (3) The occupant of a vehicle involved in an accident under Section 41-6a-401.3 or
\n1258 41-6a-401.5 who is not the operator of the vehicle shall give or cause to give the immediate
\n1259 notice required under Subsection (2) if:
\n1260 (a) the operator of a vehicle involved in an accident is physically incapable of giving
\n1261 the notice; and
\n1262 (b) the occupant is capable of giving an immediate notice.
\n1263 (4) Except as provided under Subsection (5), if a vehicle or other property damaged in
\n1264 the accident is unattended, the operator of the vehicle involved in the accident shall:
\n1265 (a) locate and notify the operator or owner of the vehicle or the owner of other property
\n1266 damaged in the accident of the operator’s name, address, and the registration number of the
\n1267 vehicle causing the damage; or
\n1268 (b) attach securely in a conspicuous place on the vehicle or other property a written
\n1269 notice giving the operator’s name, address, and the registration number of the vehicle causing
\n1270 the damage.
\n1271 (5) The operator of a vehicle that provides the information required under this section
\n1272 to an investigating peace officer at the scene of the accident is exempt from providing the
\n1273 information to other persons required under this section.
\n1274 [(6) A person who violates Subsection (4) is guilty of a class B misdemeanor.]
\n1275 (6) A violation of this section is a class C misdemeanor.
\n1276 Section 38. Section 41-6a-402 is amended to read:
\n1277 41-6a-402. Accident reports — Duty of operator and investigative officer to file.
\n1278 (1) The department may require any operator of a vehicle involved in an accident
\n1279 resulting in injury to or death of any person or total property damage to the apparent extent of
\n1280 $1,500 or more to file within 10 days after the request:
\n1281 (a) a report of the accident to the department in a manner specified by the department;
\n1282 and
\n1283 (b) a supplemental report when the original report is insufficient in the opinion of the
\n1284 department.
\n1285 (2) The department may require witnesses of accidents to file reports to the department.
\n1286 (3) (a) An accident report is not required under this section from any person who is
\n1287 physically incapable of making a report, during the period of incapacity.
\n1288 (b) If the operator is physically incapable of making an accident report under this
\n1289 section and the operator is not the owner of the vehicle, the owner of the vehicle involved in
\n1290 the accident shall within 15 days after becoming aware of the accident make the report required
\n1291 of the operator under this section.
\n1292 (4) (a) The department shall, upon request, supply to law enforcement agencies, justice
\n1293 court judges, sheriffs, garages, and other appropriate agencies or individuals forms for accident
\n1294 reports required under this part.
\n1295 (b) A request for an accident report form under Subsection (4)(a) shall be made in a
\n1296 manner specified by the division.
\n1297 (c) The accident reports shall:
\n1298 (i) provide sufficient detail to disclose the cause, conditions then existing, and the
\n1299 persons and vehicles involved in the accident; and
\n1300 (ii) contain all of the information required that is available.
\n1301 (5) (a) A person shall file an accident report if required under this section.
\n1302 (b) The department shall suspend the license or permit to operate a motor vehicle and
\n1303 any nonresident operating privileges of any person failing to file an accident report in
\n1304 accordance with this section.
\n1305 (c) The suspension under Subsection (5)(b) shall be in effect until the report has been
\n1306 filed except that the department may extend the suspension not to exceed 30 days.
\n1307 (6) (a) A peace officer who, in the regular course of duty, investigates a motor vehicle
\n1308 accident described under Subsection (1) shall file an electronic copy of the report of the
\n1309 accident with the department within 10 days after completing the investigation.
\n1310 (b) The accident report shall be made either at the time of and at the scene of the
\n1311 accident or later by interviewing participants or witnesses.
\n1312 (7) The accident reports required to be filed with the department under this section and
\n1313 the information in them are protected and confidential and may be disclosed only as provided
\n1314 in Section 41-6a-404.
\n1315 (8) (a) In addition to the reports required under this part, a local highway authority
\n1316 may, by ordinance, require that for each accident that occurs within its jurisdiction, the operator
\n1317 of a vehicle involved in an accident, or the owner of the vehicle involved in an accident, shall
\n1318 file with the local law enforcement agency a report of the accident or a copy of any report
\n1319 required to be filed with the department under this part.
\n1320 (b) All reports are for the confidential use of the municipal department and are subject
\n1321 to the provisions of Section 41-6a-404.
\n1322 (9) A violation of this section is an infraction.
\n1323 Section 39. Section 41-6a-405 is amended to read:
\n1324 41-6a-405. Garage keeper to report damaged vehicle without damage sticker.
\n1325 (1) (a) The person in charge of any garage or repair shop shall make a report to the
\n1326 nearest law enforcement agency within 24 hours of receiving a vehicle which shows evidence
\n1327 of having been:
\n1328 (i) involved in an accident for which an accident report may be requested under Section
\n1329 41-6a-402; or
\n1330 (ii) struck by any bullet.
\n1331 (b) The report required under Subsection (1)(a) shall include the:
\n1332 (i) vehicle identification number;
\n1333 (ii) registration number; and
\n1334 (iii) name and address of the owner or operator of the vehicle.
\n1335 (2) If a damaged vehicle sticker describing the damage is affixed to the vehicle by a
\n1336 peace officer, a report under Subsection (1) is not required.
\n1337 (3) A violation of Subsection (1) is an infraction.
\n1338 Section 40. Section 41-6a-407 is amended to read:
\n1339 41-6a-407. Livestock on highway — Restrictions — Collision, action for damages.
\n1340 (1) (a) A person who owns or is in possession or control of any livestock may not
\n1341 willfully or negligently permit any of the livestock to stray or remain unaccompanied on a
\n1342 highway, if both sides of the highway are separated from adjoining property by a fence, wall,
\n1343 hedge, sidewalk, curb, lawn, or building.
\n1344 (b) Subsection (1)(a) does not apply to range stock drifting onto any highway moving
\n1345 to or from their accustomed ranges.
\n1346 (2) (a) A person may not drive any livestock upon, over, or across any highway during
\n1347 the period from half an hour after sunset to half an hour before sunrise.
\n1348 (b) Subsection (2)(a) does not apply if the person has a sufficient number of herders
\n1349 with warning lights on continual duty to open the road to permit the passage of vehicles.
\n1350 (3) A violation of Subsection (1) or (2) is an infraction.
\n1351 [(3)] (4) In any civil action brought for damages caused by collision with any domestic
\n1352 animal or livestock on a highway, there is no presumption that the collision was due to
\n1353 negligence on behalf of the owner or the person in possession of the domestic animal or
\n1354 livestock.
\n1355 Section 41. Section 41-6a-518 is amended to read:
\n1356 41-6a-518. Ignition interlock devices — Use — Probationer to pay cost —
\n1357 Impecuniosity — Fee.
\n1358 (1) As used in this section:
\n1359 (a) “Commissioner” means the commissioner of the Department of Public Safety.
\n1360 (b) “Ignition interlock system” or “system” means a constant monitoring device or any
\n1361 similar device certified by the commissioner that prevents a motor vehicle from being started
\n1362 or continuously operated without first determining the driver’s breath alcohol concentration.
\n1363 (c) “Probation provider” means the supervisor and monitor of the ignition interlock
\n1364 system required as a condition of probation who contracts with the court in accordance with
\n1365 Subsections 41-6a-507(2) and (3).
\n1366 (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
\n1367 41-6a-505, and in addition to any requirements imposed as a condition of probation, the court
\n1368 may require that any person who is convicted of violating Section 41-6a-502 and who is
\n1369 granted probation may not operate a motor vehicle during the period of probation unless that
\n1370 motor vehicle is equipped with a functioning, certified ignition interlock system installed and
\n1371 calibrated so that the motor vehicle will not start or continuously operate if the operator’s blood
\n1372 alcohol concentration exceeds a level ordered by the court.
\n1373 (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
\n1374 the violation occurred, the court shall order the installation of the ignition interlock system as a
\n1375 condition of probation.
\n1376 (c) The division shall post the ignition interlock restriction on the electronic record
\n1377 available to law enforcement.
\n1378 (d) This section does not apply to a person convicted of a violation of Section
\n1379 41-6a-502 whose violation involves drugs other than alcohol.
\n1380 (3) If the court imposes the use of an ignition interlock system as a condition of
\n1381 probation, the court shall:
\n1382 (a) stipulate on the record the requirement for and the period of the use of an ignition
\n1383 interlock system;
\n1384 (b) order that an ignition interlock system be installed on each motor vehicle owned or
\n1385 operated by the probationer, at the probationer’s expense;
\n1386 (c) immediately notify the Driver License Division and the person’s probation provider
\n1387 of the order; and
\n1388 (d) require the probationer to provide proof of compliance with the court’s order to the
\n1389 probation provider within 30 days of the order.
\n1390 (4) (a) The probationer shall provide timely proof of installation within 30 days of an
\n1391 order imposing the use of a system or show cause why the order was not complied with to the
\n1392 court or to the probationer’s probation provider.
\n1393 (b) The probation provider shall notify the court of failure to comply under Subsection
\n1394 (4)(a).
\n1395 (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
\n1396 under Subsection (4)(b), the court shall order the Driver License Division to suspend the
\n1397 probationer’s driving privileges for the remaining period during which the compliance was
\n1398 imposed.
\n1399 (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
\n1400 to excuse the probationer’s failure to comply with the court’s order.
\n1401 (5) (a) Any probationer required to install an ignition interlock system shall have the
\n1402 system monitored by the manufacturer or dealer of the system for proper use and accuracy at
\n1403 least semiannually and more frequently as the court may order.
\n1404 (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
\n1405 court or the person’s probation provider.
\n1406 (ii) The report shall be issued within 14 days following each monitoring.
\n1407 (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
\n1408 reasonable costs of leasing or buying and installing and maintaining the system.
\n1409 (b) A probationer may not be excluded from this section for inability to pay the costs,
\n1410 unless:
\n1411 (i) the probationer files an affidavit of impecuniosity; and
\n1412 (ii) the court enters a finding that the probationer is impecunious.
\n1413 (c) In lieu of waiver of the entire amount of the cost, the court may direct the
\n1414 probationer to make partial or installment payments of costs when appropriate.
\n1415 (d) The ignition interlock provider shall cover the costs of waivers by the court under
\n1416 this Subsection (6).
\n1417 (7) (a) If a probationer is required in the course and scope of employment to operate a
\n1418 motor vehicle owned by the probationer’s employer, the probationer may operate that motor
\n1419 vehicle without installation of an ignition interlock system only if:
\n1420 (i) the motor vehicle is used in the course and scope of employment;
\n1421 (ii) the employer has been notified that the employee is restricted; and
\n1422 (iii) the employee has proof of the notification in the employee’s possession while
\n1423 operating the employer’s motor vehicle.
\n1424 (b) (i) To the extent that an employer-owned motor vehicle is made available to a
\n1425 probationer subject to this section for personal use, no exemption under this section shall apply.
\n1426 (ii) A probationer intending to operate an employer-owned motor vehicle for personal
\n1427 use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
\n1428 system shall notify the employer and obtain consent in writing from the employer to install a
\n1429 system in the employer-owned motor vehicle.
\n1430 (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
\n1431 by a probationer subject to this section is not a motor vehicle owned by the employer and does
\n1432 not qualify for an exemption under this Subsection (7).
\n1433 (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
\n1434 the commissioner shall make rules setting standards for the certification of ignition interlock
\n1435 systems.
\n1436 (b) The standards under Subsection (8)(a) shall require that the system:
\n1437 (i) not impede the safe operation of the motor vehicle;
\n1438 (ii) have features that make circumventing difficult and that do not interfere with the
\n1439 normal use of the motor vehicle;
\n1440 (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
\n1441 (iv) prevent the motor vehicle from being started if the driver’s breath alcohol
\n1442 concentration exceeds a specified level;
\n1443 (v) work accurately and reliably in an unsupervised environment;
\n1444 (vi) resist tampering and give evidence if tampering is attempted;
\n1445 (vii) operate reliably over the range of motor vehicle environments; and
\n1446 (viii) be manufactured by a party who will provide liability insurance.
\n1447 (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
\n1448 independent laboratory tests relied upon in certification of ignition interlock systems by other
\n1449 states.
\n1450 (d) A list of certified systems shall be published by the commissioner and the cost of
\n1451 certification shall be borne by the manufacturers or dealers of ignition interlock systems
\n1452 seeking to sell, offer for sale, or lease the systems.
\n1453 (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
\n1454 annual dollar assessment against the manufacturers of ignition interlock systems distributed in
\n1455 the state for the costs incurred in certifying.
\n1456 (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
\n1457 manufacturers on a fair and reasonable basis.
\n1458 (f) The commissioner shall require a provider of an ignition interlock system certified
\n1459 in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
\n1460 Ignition Interlock System Program Act.
\n1461 (9) A violation of this section is a class C misdemeanor.
\n1462 [(9)] (10) There shall be no liability on the part of, and no cause of action of any nature
\n1463 shall arise against, the state or its employees in connection with the installation, use, operation,
\n1464 maintenance, or supervision of an interlock ignition system as required under this section.
\n1465 Section 42. Section 41-6a-526 is amended to read:
\n1466 41-6a-526. Drinking alcoholic beverage and open containers in motor vehicle
\n1467 prohibited — Definitions — Exceptions.
\n1468 (1) As used in this section:
\n1469 (a) “Alcoholic beverage” has the same meaning as defined in Section 32B-1-102.
\n1470 (b) “Chartered bus” has the same meaning as defined in Section 32B-1-102.
\n1471 (c) “Limousine” has the same meaning as defined in Section 32B-1-102.
\n1472 (d) (i) “Passenger compartment” means the area of the vehicle normally occupied by
\n1473 the operator and passengers.
\n1474 (ii) “Passenger compartment” includes areas accessible to the operator and passengers
\n1475 while traveling, including a utility or glove compartment.
\n1476 (iii) “Passenger compartment” does not include a separate front or rear trunk
\n1477 compartment or other area of the vehicle not accessible to the operator or passengers while
\n1478 inside the vehicle.
\n1479 (e) “Waters of the state” has the same meaning as defined in Section 73-18-2.
\n1480 (2) A person may not drink any alcoholic beverage while operating a motor vehicle or
\n1481 while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any
\n1482 highway or waters of the state.
\n1483 (3) A person may not keep, carry, possess, transport, or allow another to keep, carry,
\n1484 possess, or transport in the passenger compartment of a motor vehicle, when the vehicle is on
\n1485 any highway or waters of the state, any container which contains any alcoholic beverage if the
\n1486 container has been opened, its seal broken, or the contents of the container partially consumed.
\n1487 (4) Subsections (2) and (3) do not apply to a passenger:
\n1488 (a) in the living quarters of a motor home or camper;
\n1489 (b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in
\n1490 compliance with Subsections 32B-4-415(4)(b) and (c); or
\n1491 (c) in a motorboat on the waters of the state.
\n1492 (5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
\n1493 (6) A violation of Subsection (2) or (3) is a class C misdemeanor.
\n1494 Section 43. Section 41-6a-601 is amended to read:
\n1495 41-6a-601. Speed regulations — Safe and appropriate speeds at certain locations
\n1496 — Prima facie speed limits — Emergency power of the governor.
\n1497 (1) A person may not operate a vehicle at a speed greater than is reasonable and
\n1498 prudent under the existing conditions, giving regard to the actual and potential hazards then
\n1499 existing, including when:
\n1500 (a) approaching and crossing an intersection or railroad grade crossing;
\n1501 (b) approaching and going around a curve;
\n1502 (c) approaching a hill crest;
\n1503 (d) traveling upon any narrow or winding roadway; and
\n1504 (e) approaching other hazards that exist due to pedestrians, other traffic, weather, or
\n1505 highway conditions.
\n1506 (2) Subject to Subsections (1) and (4) and Sections 41-6a-602 and 41-6a-603, the
\n1507 following speeds are lawful:
\n1508 (a) 20 miles per hour in a reduced speed school zone as defined in Section 41-6a-303;
\n1509 (b) 25 miles per hour in any urban district; and
\n1510 (c) 55 miles per hour in other locations.
\n1511 (3) Except as provided in Section 41-6a-604, any speed in excess of the limits provided
\n1512 in this section or established under Sections 41-6a-602 and 41-6a-603 is prima facie evidence
\n1513 that the speed is not reasonable or prudent and that it is unlawful.
\n1514 (4) A violation of Subsection (1) is a class C misdemeanor.
\n1515 [(4)] (5) The governor by proclamation in time of war or emergency may change the
\n1516 speed limits on the highways of the state.
\n1517 Section 44. Section 41-6a-605 is amended to read:
\n1518 41-6a-605. Minimum speed regulations.
\n1519 (1) A person may not operate a motor vehicle at a speed so slow as to impede or block
\n1520 the normal and reasonable movement of traffic except when:
\n1521 (a) a reduced speed is necessary for safe operation;
\n1522 (b) upon a grade; or
\n1523 (c) in compliance with a traffic-control device.
\n1524 (2) Operating a motor vehicle on a limited access highway at less than the speed limit
\n1525 side by side with and at the same speed as a vehicle operated in the adjacent right lane is
\n1526 evidence of a violation of Subsection (1).
\n1527 (3) (a) If, based on an engineering and traffic investigation, a highway authority
\n1528 determines that slow speeds on any part of a highway under its jurisdiction consistently impede
\n1529 the normal and reasonable movement of traffic, the highway authority may post a minimum
\n1530 speed limit.
\n1531 (b) If a minimum speed limit is posted under this Subsection (3), a person may not
\n1532 operate a vehicle at a speed below the posted minimum speed limit except:
\n1533 (i) when necessary for safe operation; or
\n1534 (ii) in accordance with Section 41-6a-205.
\n1535 (c) The minimum speed limit is effective when appropriate signs giving notice are
\n1536 erected along the highway or section of the highway.
\n1537 (4) A violation of this section is an infraction.
\n1538 Section 45. Section 41-6a-702 is amended to read:
\n1539 41-6a-702. Left lane restrictions — Exceptions — Other lane restrictions —
\n1540 Penalties.
\n1541 (1) As used in this section and Section 41-6a-704, “general purpose lane” means a
\n1542 highway lane open to vehicular traffic but does not include a designated:
\n1543 (a) high occupancy vehicle (HOV) lane; or
\n1544 (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
\n1545 off-ramp.
\n1546 (2) On a freeway or section of a freeway which has three or more general purpose lanes
\n1547 in the same direction, a person may not operate a vehicle in the left most general purpose lane
\n1548 if the person’s:
\n1549 (a) vehicle is drawing a trailer or semitrailer regardless of size; or
\n1550 (b) vehicle or combination of vehicles has a gross vehicle weight of 12,001 or more
\n1551 pounds.
\n1552 (3) Subsection (2) does not apply to a person operating a vehicle who is:
\n1553 (a) preparing to turn left or taking a different highway split or an exit on the left;
\n1554 (b) responding to emergency conditions;
\n1555 (c) avoiding actual or potential traffic moving onto the highway from an acceleration or
\n1556 merging lane; or
\n1557 (d) following direction signs that direct use of a designated lane.
\n1558 (4) (a) A highway authority may designate a specific lane or lanes of travel for any type
\n1559 of vehicle on a highway or portion of a highway under its jurisdiction for the:
\n1560 (i) safety of the public;
\n1561 (ii) efficient maintenance of a highway; or
\n1562 (iii) use of high occupancy vehicles.
\n1563 (b) The lane designation under Subsection (4)(a) is effective when appropriate signs
\n1564 giving notice are erected on the highway or portion of the highway.
\n1565 (c) If a highway authority establishes an HOV lane, the highway authority shall
\n1566 annually report to the Transportation Interim Committee no later than November 30 of each
\n1567 year regarding:
\n1568 (i) the types of vehicles that may access the lane;
\n1569 (ii) where, when, and how a vehicle may access the lane;
\n1570 (iii) how a tax, fee, or charge is assessed for a vehicle carrying less than the number of
\n1571 persons specified for the lane;
\n1572 (iv) the usage of the HOV lane as compared to the usage of the general purpose lanes
\n1573 along the same stretch of highway; and
\n1574 (v) the compliance issues, safety risks, and impacts of the lane parameters described
\n1575 under Subsections (4)(c)(i), (ii), and (iii).
\n1576 (5) (a) Subject to Subsection (5)(b) and beginning on July 1, 2011, the lane designation
\n1577 under Subsection (4)(a)(iii) shall allow a vehicle with a clean fuel vehicle decal issued in
\n1578 accordance with Section 72-6-121 to travel in lanes designated for the use of high occupancy
\n1579 vehicles regardless of the number of occupants as permitted by federal law or federal
\n1580 regulation.
\n1581 (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
\n1582 the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
\n1583 decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
\n1584 number of occupants as permitted by federal law or federal regulation.
\n1585 (ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
\n1586 not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121.
\n1587 (iii) The Department of Transportation may, through rules made under Subsection
\n1588 (5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
\n1589 72-6-121 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
\n1590 allow the Department of Transportation to continue to meet its goals for operational
\n1591 management of the lane designated under Subsection (4)(a)(iii).
\n1592 (6) A person who operates a vehicle in violation of Subsection (2) or in violation of the
\n1593 restrictions made under Subsection (4) is guilty of [a class C misdemeanor] an infraction.
\n1594 Section 46. Section 41-6a-703 is amended to read:
\n1595 41-6a-703. Passing vehicles proceeding in opposite directions.
\n1596 (1) In accordance with Section 41-6a-701, a person operating a vehicle proceeding in
\n1597 an opposite direction from another vehicle shall pass the other vehicle to the right.
\n1598 (2) On a roadway having width for not more than one line of traffic in each direction,
\n1599 the operator of a vehicle shall, as nearly as possible, give to the other at least 1\/2 of the main
\n1600 traveled portion of the roadway.
\n1601 (3) A violation of this section is an infraction.
\n1602 Section 47. Section 41-6a-704 is amended to read:
\n1603 41-6a-704. Overtaking and passing vehicles proceeding in same direction.
\n1604 (1) (a) On any highway:
\n1605 (i) the operator of a vehicle overtaking another vehicle proceeding in the same
\n1606 direction shall:
\n1607 (A) except as provided under Section 41-6a-705, promptly pass the overtaken vehicle
\n1608 on the left at a safe distance; and
\n1609 (B) enter a right-hand lane or the right side of the roadway only when safely clear of the
\n1610 overtaken vehicle;
\n1611 (ii) the operator of an overtaken vehicle:
\n1612 (A) shall give way to the right in favor of the overtaking vehicle; and
\n1613 (B) may not increase the speed of the vehicle until completely passed by the overtaking
\n1614 vehicle.
\n1615 (b) The exemption from the minimum speed regulations for a vehicle operating on a
\n1616 grade under Section 41-6a-605 does not exempt the vehicle from promptly passing a vehicle as
\n1617 required under Subsection (1)(a)(i)(A).
\n1618 (2) On a highway having more than one lane in the same direction, the operator of a
\n1619 vehicle traveling in the left general purpose lane:
\n1620 (a) shall, upon being overtaken by another vehicle in the same lane, yield to the
\n1621 overtaking vehicle by moving safely to a lane to the right; and
\n1622 (b) may not impede the movement or free flow of traffic in the left general purpose
\n1623 lane.
\n1624 (3) An operator of a vehicle traveling in the left general purpose lane that has a vehicle
\n1625 following directly behind the operator’s vehicle at a distance so that less than two seconds
\n1626 elapse before reaching the location of the operator’s vehicle when space is available for the
\n1627 operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie
\n1628 evidence that the operator is violating Subsection (2).
\n1629 (4) The provisions of Subsection (2) do not apply to an operator of a vehicle traveling
\n1630 in the left general purpose lane when:
\n1631 (a) overtaking and passing another vehicle proceeding in the same direction in
\n1632 accordance with Subsection (1)(a)(i);
\n1633 (b) preparing to turn left or taking a different highway or an exit on the left;
\n1634 (c) responding to emergency conditions;
\n1635 (d) avoiding actual or potential traffic moving onto the highway from an acceleration
\n1636 or merging lane; or
\n1637 (e) following the direction of a traffic-control device that directs the use of a designated
\n1638 lane.
\n1639 (5) A violation of Subsection (1) or (2) is an infraction.
\n1640 Section 48. Section 41-6a-705 is amended to read:
\n1641 41-6a-705. Passing upon right — When permissible.
\n1642 (1) The operator of a vehicle may overtake and pass on the right of another vehicle
\n1643 only:
\n1644 (a) when the vehicle overtaken is making or preparing to make a left turn; or
\n1645 (b) on a roadway with unobstructed pavement of sufficient width for two or more lines
\n1646 of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
\n1647 (2) The operator of a vehicle may overtake and pass another vehicle on the right only
\n1648 under conditions permitting the movement with safety.
\n1649 (3) Except for a person operating a bicycle, the operator of a vehicle may not overtake
\n1650 and pass another vehicle if the movement is made by driving off the roadway.
\n1651 (4) A violation of this section is an infraction.
\n1652 Section 49. Section 41-6a-706 is amended to read:
\n1653 41-6a-706. Limitation on passing — Prohibitions.
\n1654 (1) Subject to the provisions of Section 41-6a-707, on a two-way highway, a person
\n1655 may not operate a vehicle to the left side of the center of the roadway to pass another vehicle
\n1656 proceeding in the same direction unless the left side is:
\n1657 (a) clearly visible; and
\n1658 (b) free of oncoming traffic for a sufficient distance to permit the passing movement to
\n1659 be completed without interfering with the operation of any vehicle approaching from the
\n1660 opposite direction in accordance with Subsection (2).
\n1661 (2) The person operating the overtaking vehicle shall return the vehicle to an
\n1662 authorized lane of travel:
\n1663 (a) as soon as practical; and
\n1664 (b) if the passing movement involves the use of a lane authorized for vehicles
\n1665 approaching in the opposite direction, before coming within 200 feet of any vehicle
\n1666 approaching from the opposite direction.
\n1667 (3) A violation of this section is an infraction.
\n1668 Section 50. Section 41-6a-706.5 is amended to read:
\n1669 41-6a-706.5. Definitions — Operation of motor vehicle near a vulnerable user of a
\n1670 highway prohibited — Endangering a vulnerable user of a highway prohibited.
\n1671 (1) As used in this section, “vulnerable user of a highway” means:
\n1672 (a) a pedestrian, including a person engaged in work upon a highway or upon utilities
\n1673 facilities along a highway or providing emergency services within the right-of-way of a
\n1674 highway;
\n1675 (b) a person riding an animal; or
\n1676 (c) a person operating any of the following on a highway:
\n1677 (i) a farm tractor or implement of husbandry, without an enclosed shell;
\n1678 (ii) a skateboard;
\n1679 (iii) roller skates;
\n1680 (iv) in-line skates;
\n1681 (v) a bicycle;
\n1682 (vi) an electric-assisted bicycle;
\n1683 (vii) an electric personal assistive mobility device;
\n1684 (viii) a moped;
\n1685 (ix) a motor-driven cycle;
\n1686 (x) a motorized scooter;
\n1687 (xi) a motorcycle; or
\n1688 (xii) a manual wheelchair.
\n1689 (2) An operator of a motor vehicle may not knowingly, intentionally, or recklessly:
\n1690 (a) operate a motor vehicle within three feet of a vulnerable user of a highway;
\n1691 (b) distract or attempt to distract a vulnerable user of a highway for the purpose of
\n1692 causing violence or injury to the vulnerable user of a highway; or
\n1693 (c) force or attempt to force a vulnerable user of a highway off of the roadway for a
\n1694 purpose unrelated to public safety.
\n1695 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is [a class
\n1696 C misdemeanor] an infraction.
\n1697 (b) A violation of Subsection (2) that results in bodily injury to the vulnerable user of a
\n1698 highway is a class [B] C misdemeanor.
\n1699 Section 51. Section 41-6a-707 is amended to read:
\n1700 41-6a-707. Limitations on driving on left side of road — Exceptions.
\n1701 (1) A person may not operate a vehicle on the left side of the roadway:
\n1702 (a) when approaching or on a crest of a grade or a curve on the highway where the
\n1703 person’s view is obstructed within a distance which creates a hazard if another vehicle
\n1704 approached from the opposite direction;
\n1705 (b) when approaching within 100 feet of or traversing any intersection or railroad grade
\n1706 crossing unless otherwise indicated by a traffic-control device or a peace officer; or
\n1707 (c) when the view is obstructed while approaching within 100 feet of any bridge,
\n1708 viaduct, or tunnel.
\n1709 (2) Subsection (1) does not apply:
\n1710 (a) on a one-way roadway;
\n1711 (b) under the conditions described in Subsection 41-6a-701(1)(b); or
\n1712 (c) to a person operating a vehicle turning left onto or from an alley, private road, or
\n1713 driveway.
\n1714 (3) A violation of Subsection (1) is an infraction.
\n1715 Section 52. Section 41-6a-708 is amended to read:
\n1716 41-6a-708. Signs and markings on roadway — No-passing zones — Exceptions.
\n1717 (1) (a) A highway authority may designate no-passing zones on any portion of a
\n1718 highway under its jurisdiction if the highway authority determines passing is especially
\n1719 hazardous.
\n1720 (b) A highway authority shall designate a no-passing zone under Subsection (1)(a) by
\n1721 placing appropriate traffic-control devices on the highway.
\n1722 (2) A person operating a vehicle may not drive on the left side of:
\n1723 (a) the roadway within the no-passing zone; or
\n1724 (b) any pavement striping designed to mark the no-passing zone.
\n1725 (3) Subsection (2) does not apply:
\n1726 (a) under the conditions described under Subsections 41-6a-701(1)(b) and (c); or
\n1727 (b) to a person operating a vehicle turning left onto or from an alley, private road, or
\n1728 driveway.
\n1729 (3) A violation of Subsection (2) is an infraction.
\n1730 Section 53. Section 41-6a-709 is amended to read:
\n1731 41-6a-709. One-way traffic.
\n1732 (1) A highway authority may designate any highway, roadway, part of a roadway, or
\n1733 specific lanes under the highway authority’s jurisdiction for one direction of vehicle travel at all
\n1734 times as indicated by traffic-control devices.
\n1735 (2) On a roadway designated for one-way traffic, a person operating a vehicle shall
\n1736 operate the vehicle in the direction indicated by traffic-control devices.
\n1737 (3) A person operating a vehicle in a roundabout shall operate the vehicle only to the
\n1738 right of the roundabout island.
\n1739 (4) A violation of Subsection (2) or (3) is an infraction.
\n1740 Section 54. Section 41-6a-710 is amended to read:
\n1741 41-6a-710. Roadway divided into marked lanes — Provisions — Traffic-control
\n1742 devices.
\n1743 On a roadway divided into two or more clearly marked lanes for traffic the following
\n1744 provisions apply and any violation of this section is an infraction:
\n1745 (1) (a) A person operating a vehicle:
\n1746 (i) shall keep the vehicle as nearly as practical entirely within a single lane; and
\n1747 (ii) may not move the vehicle from the lane until the operator has reasonably
\n1748 determined the movement can be made safely.
\n1749 (b) A determination under Subsection (1)(a)(ii) is reasonable if a reasonable person
\n1750 acting under the same conditions and having regard for actual and potential hazards then
\n1751 existing would determine that the movement could be made safely.
\n1752 (2) (a) On a roadway divided into three or more lanes and providing for two-way
\n1753 movement of traffic, a person operating a vehicle may not drive in the center lane except:
\n1754 (i) when overtaking and passing another vehicle traveling in the same direction, and
\n1755 when the center lane is:
\n1756 (A) clear of traffic within a safe distance; and
\n1757 (B) not a two-way left turn lane;
\n1758 (ii) in preparation of making or completing a left turn in compliance with Section
\n1759 41-6a-801; or
\n1760 (iii) where the center lane is allocated exclusively to traffic moving in the same
\n1761 direction that the vehicle is proceeding as indicated by traffic-control devices.
\n1762 (b) Notwithstanding Subsection (2)(a)(i) and in accordance with Subsection (1)(a), a
\n1763 person operating a vehicle may drive in a center lane that is a two-way left turn lane if:
\n1764 (i) the center lane is:
\n1765 (A) on a roadway divided into three or more lanes that provides for two-way
\n1766 movement of traffic; and
\n1767 (B) clear of traffic within a safe distance;
\n1768 (ii) there is only one lane of travel in the direction the person operating the vehicle is
\n1769 traveling; and
\n1770 (iii) the person operating the vehicle is overtaking and passing a bicycle or moped that
\n1771 is moving at less than the reasonable speed of traffic that is present.
\n1772 (3) (a) A highway authority may erect traffic-control devices directing specified traffic
\n1773 to use a designated lane or designating those lanes to be used by traffic moving in a particular
\n1774 direction regardless of the center of the roadway.
\n1775 (b) An operator of a vehicle shall obey the directions of a traffic-control device erected
\n1776 under Subsection (3)(a).
\n1777 Section 55. Section 41-6a-711 is amended to read:
\n1778 41-6a-711. Following another vehicle — Safe distance — Exceptions.
\n1779 (1) The operator of a vehicle:
\n1780 (a) may not follow another vehicle more closely than is reasonable and prudent, having
\n1781 regard for the:
\n1782 (i) speed of the vehicles;
\n1783 (ii) traffic upon the highway; and
\n1784 (iii) condition of the highway; and
\n1785 (b) shall follow at a distance so that at least two seconds elapse before reaching the
\n1786 location of the vehicle directly in front of the operator’s vehicle.
\n1787 (2) Subsection (1)(b) does not apply to funeral processions or to congested traffic
\n1788 conditions resulting in prevailing vehicle speeds of less than 35 miles per hour.
\n1789 (3) A violation of Subsection (1) is an infraction.
\n1790 Section 56. Section 41-6a-712 is amended to read:
\n1791 41-6a-712. Divided highway — Use of right-hand side — Crossing only where
\n1792 permitted.
\n1793 (1) A person operating a vehicle on a divided highway shall use the right-hand roadway
\n1794 unless directed or permitted to use another roadway by a traffic-control device or a peace
\n1795 officer.
\n1796 (2) A person operating a vehicle may not operate the vehicle over, across, or within any
\n1797 dividing space, median, or barrier of a divided highway, except when:
\n1798 (a) authorized by a traffic-control device or a peace officer; or
\n1799 (b) operating a tow truck in response to a customer service call and the tow truck motor
\n1800 carrier has already received authorization from the local law enforcement agency in the
\n1801 jurisdiction where the vehicle to be towed is located.
\n1802 (3) A violation of this section is an infraction.
\n1803 Section 57. Section 41-6a-713 is amended to read:
\n1804 41-6a-713. Driving over gore area or island prohibited — Exceptions — Penalties.
\n1805 (1) (a) A person may not operate a vehicle over, across, or within any part of a gore
\n1806 area or an island.
\n1807 (b) Subsection (1)(a) does not apply to:
\n1808 (i) a person operating a vehicle that is disabled; or
\n1809 (ii) an operator of an authorized emergency vehicle under conditions described under
\n1810 Section 41-6a-208.
\n1811 (2) A person who violates Subsection (1) is guilty of [class C misdemeanor] an
\n1812 infraction.
\n1813 Section 58. Section 41-6a-714 is amended to read:
\n1814 41-6a-714. Freeway and controlled-access highways — Driving onto and from
\n1815 highways where permitted.
\n1816 (1) A person may not operate a vehicle onto or from any freeway or other
\n1817 controlled-access highway except at entrances and exits established by the highway authority
\n1818 having jurisdiction over the highway.
\n1819 (2) A violation of Subsection (1) is an infraction.
\n1820 Section 59. Section 41-6a-716 is amended to read:
\n1821 41-6a-716. Driving on tollway without paying toll prohibited.
\n1822 (1) As used in this section, “tollway” has the same meaning as defined in Section
\n1823 72-6-118.
\n1824 (2) The operator of a vehicle traveling on a tollway shall pay the toll imposed by the
\n1825 department or other entity for that tollway under Section 72-6-118.
\n1826 (3) A person who violates Subsection (2) is guilty of [a class C misdemeanor] an
\n1827 infraction.
\n1828 Section 60. Section 41-6a-717 is amended to read:
\n1829 41-6a-717. Use of runaway vehicle ramps.
\n1830 (1) A person may not use a runaway vehicle ramp unless the person is in an emergency
\n1831 situation requiring the use of the ramp to stop the person’s vehicle.
\n1832 (2) A person may not stop, stand, or park a vehicle on a runaway vehicle ramp or in the
\n1833 pathway of the runaway vehicle ramp.
\n1834 (3) A violation of this section is an infraction.
\n1835 Section 61. Section 41-6a-801 is amended to read:
\n1836 41-6a-801. Turning — Manner — Traffic-control devices.
\n1837 The operator of a vehicle shall make turns as follows, and a violation of this section is
\n1838 an infraction:
\n1839 (1) Right turns: both a right turn and an approach for a right turn shall be made as close
\n1840 as practical to the right-hand curb or edge of the roadway.
\n1841 (2) Left turns:
\n1842 (a) the operator of a vehicle intending to turn left shall approach the turn from the
\n1843 extreme left-hand lane for traffic moving in the same direction;
\n1844 (b) whenever practicable, shall be made by turning onto the roadway being entered in
\n1845 the extreme left-hand lane for traffic moving in the new direction, unless otherwise directed by
\n1846 a traffic-control device; and
\n1847 (c) may be made on a highway across solid double yellow line pavement markings
\n1848 indicating a two-direction, no-passing zone.
\n1849 (3) Two-way left turn lanes:
\n1850 (a) where a two-way left turn lane is provided, a left turn may not be made from any
\n1851 other lane;
\n1852 (b) a vehicle may not be driven in the two-way left turn lane except when preparing for
\n1853 or making:
\n1854 (i) a left turn from or into the roadway; or
\n1855 (ii) a U-turn except when prohibited by a traffic-control device;
\n1856 (c) (i) except as provided under Subsection (3)(c)(ii), the operator of a vehicle
\n1857 intending to turn left may not enter a two-way left turn lane more than 500 feet prior to making
\n1858 the turn;
\n1859 (ii) if traffic in the two-way left turn lane extends beyond 500 feet, the operator of a
\n1860 vehicle intending to turn left may enter the two-way left turn lane immediately upon reaching
\n1861 the last vehicle in the two-way left turn lane;
\n1862 (d) the operator of a vehicle that has turned left into the two-way left turn lane may not
\n1863 travel in the lane more than 500 feet unless the operator intends to turn left and Subsection
\n1864 (3)(c)(ii) applies; and
\n1865 (e) the operator of a vehicle may not travel straight through an intersection in a
\n1866 two-way left turn lane.
\n1867 (4) (a) A highway authority in its jurisdiction may provide exceptions to the provisions
\n1868 of this section by erecting traffic-control devices directing a different course to be traveled by
\n1869 turning vehicles.
\n1870 (b) The operator of a vehicle may not turn a vehicle in violation of a traffic-control
\n1871 device erected under Subsection (4)(a).
\n1872 Section 62. Section 41-6a-802 is amended to read:
\n1873 41-6a-802. Turning around — Where prohibited — Visibility.
\n1874 (1) As used in this section, “railroad grade crossing” means the area between the
\n1875 passive or active warning signs where a railroad track and roadway intersect.
\n1876 (2) The operator of a vehicle may not make a U-turn or turn the vehicle to proceed in
\n1877 the opposite direction:
\n1878 (a) unless the movement can be made safely and without interfering with other traffic;
\n1879 (b) on any curve, or upon the approach to, or near the crest of a grade, if the vehicle is
\n1880 not visible at a distance of 500 feet by the operator of any other vehicle approaching from
\n1881 either direction; and
\n1882 (c) on a railroad track or railroad grade crossing.
\n1883 (3) A violation of Subsection (2) is an infraction.
\n1884 Section 63. Section 41-6a-803 is amended to read:
\n1885 41-6a-803. Moving a vehicle — Safety.
\n1886 (1) A person may not move a vehicle which is stopped, standing, or parked until the
\n1887 movement may be made with reasonable safety.
\n1888 (2) A violation of this section is an infraction.
\n1889 Section 64. Section 41-6a-804 is amended to read:
\n1890 41-6a-804. Turning or changing lanes — Safety — Signals — Stopping or sudden
\n1891 decrease in speed — Signal flashing — Where prohibited.
\n1892 (1) (a) A person may not turn a vehicle or move right or left on a roadway or change
\n1893 lanes until:
\n1894 (i) the movement can be made with reasonable safety; and
\n1895 (ii) an appropriate signal has been given as provided under this section.
\n1896 (b) A signal of intention to turn right or left or to change lanes shall be given
\n1897 continuously for at least the last two seconds preceding the beginning of the movement.
\n1898 (2) A person may not stop or suddenly decrease the speed of a vehicle without first
\n1899 giving an appropriate signal to the operator of any vehicle immediately to the rear when there is
\n1900 opportunity to give a signal.
\n1901 (3) (a) A stop or turn signal when required shall be given either by the hand and arm or
\n1902 by signal lamps.
\n1903 (b) If hand and arm signals are used, a person operating a vehicle shall give the
\n1904 required hand and arm signals from the left side of the vehicle as follows:
\n1905 (i) left turn: hand and arm extended horizontally;
\n1906 (ii) right turn: hand and arm extended upward; and
\n1907 (iii) stop or decrease speed: hand and arm extended downward.
\n1908 (c) (i) A person operating a bicycle or device propelled by human power may give the
\n1909 required hand and arm signals for a right turn by extending the right hand and arm horizontally
\n1910 to the right.
\n1911 (ii) This Subsection (3)(c) is an exception to the provision of Subsection (3)(b)(ii).
\n1912 (4) A person required to make a signal under this section may not flash a signal:
\n1913 (a) on one side only on a disabled vehicle;
\n1914 (b) as a courtesy or “do pass” to operators of other vehicles approaching from the rear;
\n1915 or
\n1916 (c) on one side only of a parked vehicle.
\n1917 (5) A violation of this section is an infraction.
\n1918 Section 65. Section 41-6a-901 is amended to read:
\n1919 41-6a-901. Right-of-way between vehicles — Unregulated intersection.
\n1920 (1) The operator of a vehicle approaching an intersection not regulated by a
\n1921 traffic-control device shall yield the right-of-way to any vehicle that has entered the
\n1922 intersection from a different highway.
\n1923 (2) Except as specified in Subsection (3) and unless otherwise directed by a peace
\n1924 officer, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the
\n1925 right when:
\n1926 (a) more than one vehicle enters or approaches an intersection from different highways
\n1927 at approximately the same time; and
\n1928 (b) the intersection:
\n1929 (i) is not regulated by a traffic-control device;
\n1930 (ii) is not regulated because the traffic-control signal is inoperative; or
\n1931 (iii) is regulated from all directions by stop signs.
\n1932 (3) The operator of a vehicle approaching an intersection not regulated by a
\n1933 traffic-control device:
\n1934 (a) from a highway that does not continue beyond the intersection, shall yield the
\n1935 right-of-way to the operator of any vehicle on the intersecting highway; and
\n1936 (b) from a highway that is not paved, shall yield the right-of-way to the operator of any
\n1937 vehicle on a paved intersecting highway.
\n1938 (4) A violation of this section is an infraction.
\n1939 Section 66. Section 41-6a-902 is amended to read:
\n1940 41-6a-902. Right-of-way — Stop or yield signals — Yield — Collisions at
\n1941 intersections or junctions of roadways — Evidence.
\n1942 (1) Preferential right-of-way may be indicated by stop signs or yield signs under
\n1943 Section 41-6a-906.
\n1944 (2) (a) Except when directed to proceed by a peace officer, every operator of a vehicle
\n1945 approaching a stop sign shall stop:
\n1946 (i) at a clearly marked stop line;
\n1947 (ii) before entering the crosswalk on the near side of the intersection if there is not a
\n1948 clearly marked stop line; or
\n1949 (iii) at a point nearest the intersecting roadway where the operator has a view of
\n1950 approaching traffic on the intersecting roadway before entering it if there is not a clearly
\n1951 marked stop line or a crosswalk.
\n1952 (b) After having stopped at a stop sign, the operator of a vehicle shall yield the
\n1953 right-of-way to any vehicle in the intersection or approaching on another roadway so closely as
\n1954 to constitute an immediate hazard.
\n1955 (c) The operator of a vehicle approaching a stop sign shall yield the right-of-way to
\n1956 pedestrians within an adjacent crosswalk.
\n1957 (3) (a) The operator of a vehicle approaching a yield sign shall:
\n1958 (i) slow down to a speed reasonable for the existing conditions; and
\n1959 (ii) if required for safety, stop as provided under Subsection (2).
\n1960 (b) (i) After slowing or stopping at a yield sign, the operator of a vehicle shall yield the
\n1961 right-of-way to any vehicle in the intersection or approaching on another roadway so closely as
\n1962 to constitute an immediate hazard during the time the operator is moving across or within the
\n1963 intersection or junction of roadways.
\n1964 (ii) The operator of a vehicle approaching a yield sign shall yield to pedestrians within
\n1965 an adjacent crosswalk.
\n1966 (4) (a) A collision is prima facie evidence of an operator’s failure to yield the
\n1967 right-of-way after passing a yield sign without stopping if the operator is involved in a
\n1968 collision:
\n1969 (i) with a vehicle in the intersection or junction of roadways; or
\n1970 (ii) with a pedestrian at an adjacent crosswalk.
\n1971 (b) A collision under Subsection (4)(a) is not considered negligence per se in
\n1972 determining liability for the accident.
\n1973 (5) A violation of Subsection (2) or (3) is an infraction.
\n1974 Section 67. Section 41-6a-903 is amended to read:
\n1975 41-6a-903. Yield right-of-way — Vehicle turning left — Entering or crossing
\n1976 highway other than from another roadway — Merging lanes.
\n1977 (1) The operator of a vehicle:
\n1978 [(1)] (a) intending to turn to the left shall yield the right-of-way to any vehicle
\n1979 approaching from the opposite direction which is so close to the turning vehicle as to constitute
\n1980 an immediate hazard;
\n1981 [(2)] (b) about to enter or cross a highway from any place other than another highway
\n1982 shall yield the right-of-way to all vehicles approaching on the highway to be entered or crossed;
\n1983 and
\n1984 [(3)] (c) traveling in a lane that is about to merge into a continuing lane, shall yield the
\n1985 right-of-way to all vehicles traveling in the continuing lane and which are so close as to be an
\n1986 immediate hazard.
\n1987 (2) A violation of Subsection (1) is an infraction.
\n1988 Section 68. Section 41-6a-904 is amended to read:
\n1989 41-6a-904. Approaching emergency vehicle — Necessary signals — Stationary
\n1990 emergency vehicle — Duties of respective operators.
\n1991 (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
\n1992 the immediate approach of an authorized emergency vehicle using audible or visual signals
\n1993 under Section 41-6a-212 or 41-6a-1625, shall:
\n1994 (a) yield the right-of-way and immediately move to a position parallel to, and as close
\n1995 as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
\n1996 (b) then stop and remain stopped until the authorized emergency vehicle has passed.
\n1997 (2) The operator of a vehicle, upon approaching a stationary authorized emergency
\n1998 vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
\n1999 (a) reduce the speed of the vehicle;
\n2000 (b) provide as much space as practical to the stationary authorized emergency vehicle;
\n2001 and
\n2002 (c) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
\n2003 practical, with due regard to safety and traffic conditions, make a lane change into a lane not
\n2004 adjacent to the authorized emergency vehicle.
\n2005 (3) The operator of a vehicle, upon approaching a stationary tow truck or highway
\n2006 maintenance vehicle that is displaying flashing amber lights, shall:
\n2007 (a) reduce the speed of the vehicle; and
\n2008 (b) provide as much space as practical to the stationary tow truck or highway
\n2009 maintenance vehicle.
\n2010 (4) This section does not relieve the operator of an authorized emergency vehicle, tow
\n2011 truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
\n2012 persons using the highway.
\n2013 (5) (a) (i) In addition to the penalties prescribed under [Section 41-6a-202] Subsection
\n2014 (7), a person who violates this section shall attend a four hour live classroom defensive driving
\n2015 course approved by:
\n2016 (A) the Driver License Division; or
\n2017 (B) a court in this state.
\n2018 (ii) Upon completion of the four hour live classroom course under Subsection (5)(a)(i),
\n2019 the person shall provide to the Driver License Division a certificate of attendance of the
\n2020 classroom course.
\n2021 (b) The Driver License Division shall suspend a person’s driver license for a period of
\n2022 90 days if the person:
\n2023 (i) violates a provision of Subsections (1) through (3); and
\n2024 (ii) fails to meet the requirements of Subsection (5)(a)(i) within 90 days of sentencing
\n2025 for or pleading guilty to a violation of this section.
\n2026 (c) Notwithstanding the provisions of Subsection (5)(b), the Driver License Division
\n2027 shall shorten the 90-day suspension period imposed under Subsection (5)(b) effective
\n2028 immediately upon receiving a certificate of attendance of the four hour live classroom course
\n2029 required under Subsection (5)(a)(i) if the certificate of attendance is received prior to
\n2030 completion of the suspension period.
\n2031 (d) A person whose license is suspended under Subsection (5)(b) is required to pay the
\n2032 license reinstatement fees under Subsection 53-3-105(23), including a person whose
\n2033 suspension is shortened as described under Subsection (5)(c).
\n2034 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
\n2035 Driver License Division shall make rules to implement the provisions of this part.
\n2036 (7) A violation of Subsection (1), (2), or (3) is a class C misdemeanor.
\n2037 Section 69. Section 41-6a-906 is amended to read:
\n2038 41-6a-906. Designation of through highways — Stop signs, yield signs, and
\n2039 traffic-control devices — Designation of intersections as locations for preferential
\n2040 right-of-way treatment.
\n2041 (1) A highway authority, with reference to highways under its jurisdiction, may erect
\n2042 and maintain stop signs, yield signs, or other traffic-control devices to designate:
\n2043 [(1)] (a) through highways; or
\n2044 [(2)] (b) intersections or other roadway junctions at which vehicular traffic on one or
\n2045 more of the roadways should yield or stop and yield before entering the intersection or
\n2046 junction.
\n2047 (2) A violation of Subsection (1) is an infraction.
\n2048 Section 70. Section 41-6a-907 is amended to read:
\n2049 41-6a-907. Vehicles emerging from alleys, buildings, private roads, or driveways
\n2050 must stop prior to sidewalk area or street.
\n2051 (1) The operator of a vehicle emerging from an alley, building, private road or
\n2052 driveway within a business or residence district shall stop:
\n2053 [(1)] (a) the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk
\n2054 area extending across the alley, building, private road, or driveway; or
\n2055 [(2)] (b) if there is no sidewalk area, at the point nearest the street to be entered where
\n2056 the operator has a view of approaching traffic.
\n2057 (2) A violation of Subsection (1) is an infraction.
\n2058 Section 71. Section 41-6a-1001 is amended to read:
\n2059 41-6a-1001. Pedestrians subject to traffic-control devices — Other controls.
\n2060 (1) A pedestrian shall obey the instructions of a traffic-control device specifically
\n2061 applicable to the pedestrian unless otherwise directed by a peace officer.
\n2062 (2) A pedestrian is subject to traffic and pedestrian-control signals under Sections
\n2063 41-6a-305 and 41-6a-306.
\n2064 (3) A violation of this section is an infraction.
\n2065 Section 72. Section 41-6a-1003 is amended to read:
\n2066 41-6a-1003. Pedestrians yielding right-of-way — Limits on pedestrians.
\n2067 (1) A pedestrian crossing a roadway at any point other than within a marked crosswalk
\n2068 or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles
\n2069 on the roadway.
\n2070 (2) A pedestrian crossing a roadway at a point where there is a pedestrian tunnel or
\n2071 overhead pedestrian crossing shall yield the right-of-way to all vehicles on the roadway.
\n2072 (3) Between adjacent intersections at which traffic-control signals are in operation, a
\n2073 pedestrian may not cross at any place except in a marked crosswalk.
\n2074 (4) (a) A pedestrian may not cross a roadway intersection diagonally unless authorized
\n2075 by a traffic-control device.
\n2076 (b) If a pedestrian is authorized to cross diagonally under Subsection (4)(a), the
\n2077 pedestrian shall cross only as directed by the appropriate traffic-control device.
\n2078 (5) A violation of this section is an infraction.
\n2079 Section 73. Section 41-6a-1004 is amended to read:
\n2080 41-6a-1004. Emergency vehicle — Necessary signals — Duties of operator —
\n2081 Pedestrian to yield.
\n2082 (1) A pedestrian shall yield the right-of-way to an authorized emergency vehicle upon
\n2083 the immediate approach of an authorized emergency vehicle using audible or visual signals in
\n2084 accordance with Section 41-6a-212 or 41-6a-1625.
\n2085 (2) This section does not relieve the operator of an authorized emergency vehicle from:
\n2086 (a) the duty to drive with regard for the safety of all persons using the highway; nor
\n2087 (b) from the duty to exercise care to avoid colliding with a pedestrian.
\n2088 (3) A violation of this section is an infraction.
\n2089 Section 74. Section 41-6a-1005 is amended to read:
\n2090 41-6a-1005. Limitation on pedestrians related to railroad grade crossings or
\n2091 bridges.
\n2092 (1) As used in this section, “active railroad grade crossing” means a railroad grade
\n2093 crossing when:
\n2094 (a) the gate or barrier is closed or is being opened or closed;
\n2095 (b) warning lights are flashing;
\n2096 (c) audible warning devices are being sounded; or
\n2097 (d) other traffic control devices signal the approach of a railroad train.
\n2098 (2) A pedestrian may not pass through, around, over, or under or remain on a crossing
\n2099 gate or barrier at an active railroad grade crossing or bridge.
\n2100 (3) A pedestrian may not enter or remain within the area between a railroad track and a
\n2101 railroad sign or signal if the railroad grade crossing is active.
\n2102 (4) A pedestrian may not occupy or remain on a railroad grade crossing when the
\n2103 railroad sign or signal is not active except to cross the railroad crossing on a designated
\n2104 walkway.
\n2105 (5) A pedestrian may not remain in an area between railroad signs or signals, railroad
\n2106 gates, or rail crossing arms if the railroad grade crossing is active.
\n2107 (6) A violation of Subsection (2), (3), (4), or (5) is an infraction.
\n2108 Section 75. Section 41-6a-1009 is amended to read:
\n2109 41-6a-1009. Use of roadway by pedestrians — Prohibited activities.
\n2110 (1) Where there is a sidewalk provided and its use is practicable, a pedestrian may not
\n2111 walk along or on an adjacent roadway.
\n2112 (2) Where a sidewalk is not provided, a pedestrian walking along or on a highway shall
\n2113 walk only on the shoulder, as far as practicable from the edge of the roadway.
\n2114 (3) Where a sidewalk or a shoulder is not available, a pedestrian walking along or on a
\n2115 highway shall:
\n2116 (a) walk as near as practicable to the outside edge of the roadway; and
\n2117 (b) if on a two-way roadway, walk only on the left side of the roadway facing traffic.
\n2118 (4) (a) An individual may not engage in conduct that impedes or blocks traffic within
\n2119 any of the following:
\n2120 (i) an interstate system, as defined in Section 72-1-102;
\n2121 (ii) a freeway, as defined in Section 41-6a-102;
\n2122 (iii) a state highway, as defined in Title 72, Chapter 4, Designation of State Highways
\n2123 Act; or
\n2124 (iv) a state route, or “SR,” as defined in Section 72-1-102.
\n2125 (b) The locations described in Subsection (4)(a) include:
\n2126 (i) shoulder areas, as defined in Section 41-6a-102;
\n2127 (ii) on-ramps;
\n2128 (iii) off-ramps; and
\n2129 (iv) an area between the roadways of a divided highway, as defined in Section
\n2130 41-6a-102.
\n2131 (c) The locations described in Subsection (4)(a) do not include sidewalks, as defined in
\n2132 Section 41-6a-102.
\n2133 (d) Conduct that impedes or blocks traffic may include:
\n2134 (i) loitering;
\n2135 (ii) demonstrating or picketing;
\n2136 (iii) distributing materials;
\n2137 (iv) gathering signatures;
\n2138 (v) holding signs; or
\n2139 (vi) soliciting rides, contributions, or other business.
\n2140 (e) Conduct that impedes or blocks traffic does not include the conduct described in
\n2141 Section 41-6a-209.
\n2142 (f) A county or municipality may adopt a resolution, ordinance, or regulation
\n2143 prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the
\n2144 roadways under its jurisdiction.
\n2145 (g) (i) The state, a county, or a municipality shall create a permitting process for
\n2146 granting a person an exemption from this Subsection (4).
\n2147 (ii) Upon receipt of a valid permit application, the state, a county, or a municipality
\n2148 shall grant a person a temporary exemption from this Subsection (4) for a specified location or
\n2149 time.
\n2150 (h) Nothing in this section prohibits a temporary spontaneous demonstration.
\n2151 (5) A pedestrian who is under the influence of alcohol or any drug to a degree which
\n2152 renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or
\n2153 sidewalk area.
\n2154 (6) Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield
\n2155 the right-of-way to all vehicles on the roadway.
\n2156 (7) A pedestrian may not walk along or on a no-access freeway facility except during
\n2157 an emergency.
\n2158 (8) (a) As used in this Subsection (8):
\n2159 (i) “Aggressive manner” means intentionally:
\n2160 (A) persisting in approaching or following an individual after the individual has
\n2161 negatively responded to the solicitation;
\n2162 (B) engaging in conduct that would cause a reasonable individual to fear imminent
\n2163 bodily harm;
\n2164 (C) engaging in conduct that would intimidate a reasonable individual into giving
\n2165 money or goods;
\n2166 (D) blocking the path of an individual; or
\n2167 (E) physically contacting an individual or the individual’s personal property without
\n2168 that individual’s consent.
\n2169 (ii) “Bank” is as defined in Section 13-42-102.
\n2170 (iii) “Sidewalk” is as defined in Section 41-6a-102.
\n2171 (b) An individual may not solicit money or goods from another individual in an
\n2172 aggressive manner:
\n2173 (i) during the business hours of a bank if either the individual soliciting, or the
\n2174 individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank’s
\n2175 entrance or exit; or
\n2176 (ii) on the portion of a sidewalk that is within 10 feet of an automated teller machine.
\n2177 (9) A violation of this section is an infraction.
\n2178 Section 76. Section 41-6a-1115 is amended to read:
\n2179 41-6a-1115. Motor assisted scooters — Conflicting provisions — Restrictions —
\n2180 Penalties.
\n2181 (1) (a) Except as otherwise provided in this section, a motor assisted scooter is subject
\n2182 to the provisions under this chapter for a bicycle, moped, or a motor-driven cycle.
\n2183 (b) For a person operating a motor assisted scooter, the following provisions do not
\n2184 apply:
\n2185 (i) seating positions under Section 41-6a-1501;
\n2186 (ii) required lights, horns, and mirrors under Section 41-6a-1506;
\n2187 (iii) entitlement to full use of a lane under Subsection 41-6a-1502(1); and
\n2188 (iv) driver licensing requirements under Section 53-3-202.
\n2189 (2) A person under 15 years of age may not operate a motor assisted scooter using the
\n2190 motor unless the person is under the direct supervision of the person’s parent or guardian.
\n2191 (3) A person under eight years of age may not operate a motor assisted scooter with the
\n2192 motor running on any public property, highway, path, or sidewalk.
\n2193 (4) A person may not operate a motor assisted scooter:
\n2194 (a) in a public parking structure;
\n2195 (b) on public property posted as an area prohibiting skateboards;
\n2196 (c) on a highway consisting of a total of four or more lanes designated for regular
\n2197 vehicular traffic;
\n2198 (d) on a highway with a posted speed limit greater than 25 miles per hour;
\n2199 (e) while carrying more persons at one time than the number for which it is designed;
\n2200 or
\n2201 (f) that has been structurally or mechanically altered from the original manufacturer’s
\n2202 design.
\n2203 (5) Except where posted or prohibited by local ordinance, a motor assisted scooter is
\n2204 considered a nonmotorized vehicle if it is being used with the motor turned off.
\n2205 (6) An owner may not authorize or knowingly permit a person to operate a motor
\n2206 assisted scooter in violation of this section.
\n2207 (7) A person who violates this section is guilty of [a class C misdemeanor] an
\n2208 infraction.
\n2209 Section 77. Section 41-6a-1116 is amended to read:
\n2210 41-6a-1116. Electric personal assistive mobility devices — Conflicting provisions
\n2211 — Restrictions — Penalties.
\n2212 (1) (a) Except as otherwise provided in this section, an electric personal assistive
\n2213 mobility device is subject to the provisions under this chapter for a bicycle, moped, or a
\n2214 motor-driven cycle.
\n2215 (b) For a person operating an electric personal assistive mobility device, the following
\n2216 provisions do not apply:
\n2217 (i) seating positions under Section 41-6a-1501;
\n2218 (ii) required lights, horns, and mirrors under Section 41-6a-1506;
\n2219 (iii) entitlement to full use of a lane under Subsection 41-6a-1502(1); and
\n2220 (iv) driver licensing requirements under Section 53-3-202.
\n2221 (2) A person under 15 years of age may not operate an electric personal assistive
\n2222 mobility device using the motor unless the person is under the direct supervision of the person’s
\n2223 parent or guardian.
\n2224 (3) A person may not operate an electric personal assistive mobility device:
\n2225 (a) on a highway consisting of a total of four or more lanes designated for regular
\n2226 vehicular traffic;
\n2227 (b) on a highway with a posted speed limit greater than 35 miles per hour; or
\n2228 (c) that has been structurally or mechanically altered from the original manufacturer’s
\n2229 design.
\n2230 (4) An owner may not authorize or knowingly permit a person to operate an electric
\n2231 personal assistive mobility device in violation of this section.
\n2232 (5) A person may operate an electric personal assistive mobility device on a sidewalk if
\n2233 the operation does not:
\n2234 (a) exceed a speed which is greater than is reasonable or prudent having due regard for
\n2235 weather, visibility, and pedestrians; or
\n2236 (b) endanger the safety of other persons or property.
\n2237 (6) A person operating an electric personal assistive mobility device shall yield to a
\n2238 pedestrian or other person using a mobility aid.
\n2239 (7) (a) An electric personal assistive mobility device may be operated on:
\n2240 (i) a path or trail designed for the use of a bicycle; or
\n2241 (ii) on a highway where a bicycle is allowed if the speed limit on the highway does not
\n2242 exceed 35 miles per hour.
\n2243 (b) A person operating an electric personal assistive mobility device in an area
\n2244 described in Subsection (7)(a)(i) or (ii) is subject to the laws governing bicycles.
\n2245 (8) A person may operate an electric personal assistive mobility device at night if the
\n2246 device is equipped with or the operator is wearing:
\n2247 (a) a lamp pointing to the front that emits a white light visible from a distance of not
\n2248 less than 300 feet in front of the device; and
\n2249 (b) front, rear, and side reflectors.
\n2250 (9) A person may not operate an electric personal assistive mobility device while
\n2251 carrying an article that prevents the person from keeping both hands on the handlebars or
\n2252 interferes with the person’s ability to safely operate the electric personal assistive mobility
\n2253 device.
\n2254 (10) Only one person may operate an electric personal assistive mobility device at a
\n2255 time.
\n2256 (11) A person may not park an electric personal assistive mobility device on a highway
\n2257 or sidewalk in a manner that obstructs vehicular or pedestrian traffic.
\n2258 (12) A person who violates this section is guilty of [a class C misdemeanor] an
\n2259 infraction.
\n2260 Section 78. Section 41-6a-1117 is amended to read:
\n2261 41-6a-1117. Mini-motorcycle restrictions — Exceptions.
\n2262 (1) A person may not operate a mini-motorcycle on any public property, highway, path,
\n2263 or sidewalk unless:
\n2264 (a) the mini-motorcycle is registered for highway use in accordance with Title 41,
\n2265 Chapter 1a, Motor Vehicle Act; and
\n2266 (b) the operator is licensed to operate a motorcycle in accordance with Title 53,
\n2267 Chapter 3, Uniform Driver License Act.
\n2268 (2) An owner may not authorize or knowingly permit a person to operate a
\n2269 mini-motorcycle in violation of this section.
\n2270 (3) A person who violates this section is guilty of [a class C misdemeanor] an
\n2271 infraction.
\n2272 Section 79. Section 41-6a-1201 is amended to read:
\n2273 41-6a-1201. Driving on tracks.
\n2274 (1) The operator of a vehicle proceeding on any track in front of a railroad train on a
\n2275 highway shall remove the vehicle from the track as soon as practicable after signal from the
\n2276 operator of the train.
\n2277 (2) When a railroad train has started to cross an intersection, an operator of a vehicle
\n2278 may not drive:
\n2279 (a) on or across the tracks; or
\n2280 (b) in the path of the train within the intersection in front of the train.
\n2281 (3) A violation of this section is an infraction.
\n2282 Section 80. Section 41-6a-1202 is amended to read:
\n2283 41-6a-1202. Driving through safety zone.
\n2284 (1) The operator of a vehicle may not drive through or within a safety zone.
\n2285 (2) A violation of this section is an infraction.
\n2286 Section 81. Section 41-6a-1203 is amended to read:
\n2287 41-6a-1203. Railroad grade crossing — Duty to stop — Malfunctions and school
\n2288 buses — Driving through, around, or under gate or barrier prohibited.
\n2289 (1) As used in this section, “active railroad grade crossing” has the same meaning as
\n2290 defined in Section 41-6a-1005.
\n2291 (2) Whenever a person operating a vehicle approaches a railroad grade crossing, the
\n2292 operator of the vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of
\n2293 the railroad track and may not proceed if:
\n2294 (a) a clearly visible electric or mechanical signal device gives warning of the
\n2295 immediate approach of a train;
\n2296 (b) a crossing gate is lowered, or when a human flagman gives or continues to give a
\n2297 signal of the approach or passage of a train;
\n2298 (c) a railroad train approaching within approximately 1,500 feet of the highway
\n2299 crossing emits a signal audible and the train by reason of its speed or nearness to the crossing is
\n2300 an immediate hazard;
\n2301 (d) an approaching train is plainly visible and is in hazardous proximity to the crossing;
\n2302 or
\n2303 (e) there is any other condition that makes it unsafe to proceed through the crossing.
\n2304 (3) (a) An operator of a vehicle who suspects a false activation or malfunction of a
\n2305 railroad grade crossing signal device where there is no gate or barrier may drive a vehicle
\n2306 through the railroad grade crossing after stopping if:
\n2307 (i) the operator of a vehicle has a clear line of sight of at least one mile of the railroad
\n2308 tracks in all directions;
\n2309 (ii) there is no evidence of an approaching train;
\n2310 (iii) the vehicle can cross over the tracks safely; and
\n2311 (iv) the operator of a school bus is compliant with written district policy.
\n2312 (b) As soon as is reasonably possible, the operator of a school bus shall notify the
\n2313 driver’s dispatcher and the dispatcher shall notify the owner of the railroad track where the
\n2314 grade crossing signal device is located of the false activation or malfunction.
\n2315 (4) (a) A person may not drive a vehicle through, around, or under a crossing gate or
\n2316 barrier at a railroad grade crossing if the railroad grade crossing is active.
\n2317 (b) A person may not cause a non-rail vehicle, whether or not occupied, to pass
\n2318 through, around, over, or under or remain on a gate or barrier at a railroad grade crossing if the
\n2319 railroad grade crossing is active.
\n2320 (c) A person may not cause a non-rail vehicle, whether or not occupied, to pass around,
\n2321 through, over, or under or remain in a rail or fixed guideway right-of-way in a manner that
\n2322 would cause a railroad train or other rail vehicle to make contact with the non-rail vehicle.
\n2323 (5) A violation of this section is an infraction.
\n2324 Section 82. Section 41-6a-1204 is amended to read:
\n2325 41-6a-1204. Trains — Interference with vehicles limited.
\n2326 (1) A person or government agency may not operate a train in a manner to prevent
\n2327 vehicular use of a roadway for a period of time in excess of five consecutive minutes except:
\n2328 [(1)] (a) when necessary to comply with signals affecting the safety of the movement of
\n2329 trains;
\n2330 [(2)] (b) when necessary to avoid striking any object or person on the track;
\n2331 [(3)] (c) when the train is disabled;
\n2332 [(4)] (d) when the train is in motion or while engaged in switching operations;
\n2333 [(5)] (e) when there is no vehicular traffic waiting to use the crossing;
\n2334 [(6)] (f) when necessary to comply with a governmental safety regulation; or
\n2335 [(7)] (g) as determined by a highway authority.
\n2336 (2) A violation of this section is an infraction.
\n2337 Section 83. Section 41-6a-1205 is amended to read:
\n2338 41-6a-1205. Railroad grade crossings — Certain vehicles must stop — Exceptions
\n2339 — Rules.
\n2340 (1) An operator of a commercial motor vehicle, as defined under Section 53-3-102,
\n2341 shall upon approaching a railroad grade crossing:
\n2342 (a) unless Subsection (2) applies, slow down and check that the tracks are clear of an
\n2343 approaching train;
\n2344 (b) stop within 50 feet, but not closer than 15 feet, from the nearest rail of the railroad
\n2345 track before reaching the crossing if the tracks are not clear;
\n2346 (c) obey all traffic control devices or the directions of a peace officer, or other crossing
\n2347 official at the crossing; and
\n2348 (d) before proceeding over a railroad grade crossing:
\n2349 (i) ensure that the vehicle has sufficient space to drive completely through a railroad
\n2350 grade crossing without stopping; and
\n2351 (ii) ensure that the vehicle has sufficient undercarriage clearance to safely and
\n2352 completely pass through the crossing.
\n2353 (2) (a) Except as provided in Subsection (3), the operator of a vehicle described in 49
\n2354 CFR 392.10 shall stop within 50 feet, but not closer than 15 feet, from the nearest rail of the
\n2355 railroad track before crossing, at grade, any track of a railroad.
\n2356 (b) While stopped, the operator shall look in both directions along the track for any
\n2357 sign of an approaching train and look and listen for signals indicating the approach of any train.
\n2358 (c) The operator may proceed across the railroad track only when the movement may
\n2359 be made with reasonable safety.
\n2360 (d) After stopping as required and upon safely proceeding, the operator shall only cross
\n2361 the railroad track in a gear that ensures no necessity for manually changing gears while
\n2362 traversing the crossing.
\n2363 (e) The operator may not manually shift gears while crossing the railroad track.
\n2364 (3) This section does not apply at a:
\n2365 (a) railroad grade crossing where traffic is controlled by a peace officer or other
\n2366 crossing official;
\n2367 (b) railroad grade crossing where traffic is regulated by a traffic-control signal;
\n2368 (c) railroad grade crossing where a traffic-control device gives notice that the stopping
\n2369 requirements of this section are not applicable; or
\n2370 (d) other railroad grade crossings excluded under 49 CFR 392.10.
\n2371 (4) A violation of this section is an infraction.
\n2372 Section 84. Section 41-6a-1206 is amended to read:
\n2373 41-6a-1206. Railroad crossing duties respecting crawler type tractor, power
\n2374 shovel, derrick, or other equipment or structure.
\n2375 (1) A person may not operate or move the following on or across any tracks at a
\n2376 railroad grade crossing without first complying with this section:
\n2377 (a) a crawler type tractor;
\n2378 (b) a power shovel;
\n2379 (c) a derrick;
\n2380 (d) a roller; or
\n2381 (e) any equipment or structure having:
\n2382 (i) normal operating speed of 10 or less miles per hour; or
\n2383 (ii) a vertical body or load clearance of less than:
\n2384 (A) 1\/2 inch per foot of the distance between any two adjacent axles; or
\n2385 (B) in any event, nine inches measured above the level surface of a roadway.
\n2386 (2) Notice of an intended crossing under this section shall be given to the railroad and a
\n2387 reasonable time shall be given to the railroad to provide proper protection at the crossing.
\n2388 (3) (a) Before making a crossing under this section the person operating or moving the
\n2389 vehicle or equipment shall first stop within 50 feet but not closer than 15 feet from the nearest
\n2390 rail of the railway.
\n2391 (b) While stopped, the operator of the vehicle shall listen and look in both directions
\n2392 along the track for any approaching train and for signals indicating the approach of a railroad
\n2393 train.
\n2394 (c) The operator may proceed across the track only when the crossing can be made
\n2395 safely.
\n2396 (4) The operator of a vehicle shall obey all traffic control devices or the directions of a
\n2397 peace officer or other crossing official at the crossing.
\n2398 (5) A violation of this section is an infraction.
\n2399 Section 85. Section 41-6a-1301 is amended to read:
\n2400 41-6a-1301. Standards and specifications for lighting and special warning devices
\n2401 on school buses.
\n2402 (1) (a) A school bus shall be equipped with red signal lamps mounted as high and as
\n2403 widely spaced laterally as practicable.
\n2404 (b) The red signal lamps shall display two alternately flashing red lights, located at the
\n2405 same level, to the front and rear of the school bus.
\n2406 (c) The red signal lamps shall be visible at 500 feet in normal sunlight.
\n2407 (2) (a) A school bus shall be equipped with yellow signal lamps mounted near each of
\n2408 the four red signal lamps and at the same level but closer to the vertical centerline of the bus.
\n2409 (b) The yellow signal lamps shall display two alternately flashing yellow lights to the
\n2410 front and rear of the school bus.
\n2411 (c) The yellow signal lamps shall be visible at 500 feet in normal sunlight.
\n2412 (3) A school bus driver shall activate the yellow signal lamps at least 100 feet, but not
\n2413 more than 500 feet, before every stop at which the alternately flashing red lights are activated.
\n2414 (4) A violation of this section is an infraction.
\n2415 Section 86. Section 41-6a-1302 is amended to read:
\n2416 41-6a-1302. School bus — Signs and light signals — Flashing amber lights —
\n2417 Flashing red lights — Passing school bus — Duty to stop — Travel in opposite direction —
\n2418 Penalties.
\n2419 (1) A school bus, when operated for the transportation of school children, shall:
\n2420 (a) bear on the front and rear of the bus a plainly visible sign containing the words
\n2421 “school bus” in letters not less than eight inches in height, which shall be removed or covered
\n2422 when the vehicle is not in use for the transportation of school children; and
\n2423 (b) be equipped with alternating flashing amber and red light signals visible from the
\n2424 front and rear, of a type approved and mounted as required under Section 41-6a-1301 and
\n2425 prescribed by the department under Section 41-6a-1601.
\n2426 (2) The operator of a vehicle on a highway, upon meeting or overtaking a school bus
\n2427 equipped with signals required under this section which is displaying alternating flashing:
\n2428 (a) amber warning light signals, shall slow the vehicle, but may proceed past the school
\n2429 bus using due care and caution at a speed not greater than specified in Subsection 41-6a-601(2)
\n2430 for school zones for the safety of the school children that may be in the vicinity; or
\n2431 (b) red light signals visible from the front or rear, shall stop immediately before
\n2432 reaching the bus and may not proceed until the flashing red light signals cease operation.
\n2433 (3) The operator of a vehicle need not stop upon meeting or passing a school bus
\n2434 displaying alternating flashing red light signals if the school bus is traveling in the opposite
\n2435 direction when:
\n2436 (a) traveling on a divided highway;
\n2437 (b) the bus is stopped at an intersection or other place controlled by a traffic-control
\n2438 signal or by a peace officer; or
\n2439 (c) on a highway of five or more lanes, which may include a left-turn lane or two-way
\n2440 left turn lane.
\n2441 (4) (a) The operator of a school bus shall operate alternating flashing red light signals
\n2442 at all times when:
\n2443 (i) children are unloading from a school bus to cross a highway;
\n2444 (ii) a school bus is stopped for the purpose of loading children who must cross a
\n2445 highway to board the bus; or
\n2446 (iii) it would be hazardous for vehicles to proceed past the stopped school bus.
\n2447 (b) The alternating flashing red light signals may not be operated except:
\n2448 (i) when the school bus is stopped for loading or unloading school children; or
\n2449 (ii) for an emergency purpose.
\n2450 (5) The operator of a school bus being operated on a highway shall have the headlights
\n2451 of the school bus lighted.
\n2452 (6) (a) A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum
\n2453 fine is:
\n2454 (i) $100 for a first offense;
\n2455 (ii) $200 for a second offense within three years of a previous conviction or bail
\n2456 forfeiture; and
\n2457 (iii) $500 for a third or subsequent offense within three years of a previous conviction
\n2458 or bail forfeiture.
\n2459 (b) A violation of Subsection (5) is [a class C misdemeanor] an infraction and the fine
\n2460 is $50.
\n2461 (c) The court may order the person to perform compensatory service in lieu of the fine
\n2462 or any portion of the fine if the court makes the reasons for the waiver part of the record.
\n2463 (7) A violation of Subsection (1) or (4) is an infraction.
\n2464 [(7)] (8) The Driver License Division shall develop and implement a record system to
\n2465 distinguish:
\n2466 (a) a conviction or bail forfeiture under this section from other convictions; and
\n2467 (b) between a first and subsequent conviction or bail forfeiture under this section.
\n2468 Section 87. Section 41-6a-1307 is amended to read:
\n2469 41-6a-1307. School bus parking zones — Establishment — Uniform markings —
\n2470 Penalty.
\n2471 (1) As used in this section, “school bus parking zone” means a parking space that is
\n2472 clearly identified as reserved for use by a school bus.
\n2473 (2) A highway authority for highways under its jurisdiction and school boards for
\n2474 roadways located on school property may establish and locate school bus parking zones in
\n2475 accordance with specifications established under Subsection (3).
\n2476 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
\n2477 Department of Transportation, after consultation with local highway authorities and school
\n2478 boards which may include input from school traffic safety committees established under
\n2479 Section 53A-3-402, shall make rules establishing specifications for uniform signage or
\n2480 markings to clearly identify school bus parking zones.
\n2481 (4) A person may not stop, stand, or park a vehicle other than a school bus, whether
\n2482 occupied or not, in a clearly identified school bus parking zone.
\n2483 (5) (a) A violation of Subsection (4) is an infraction.
\n2484 [(5)] (b) A person who violates Subsection (4) shall pay a minimum fine of $75.
\n2485 Section 88. Section 41-6a-1402 is amended to read:
\n2486 41-6a-1402. Stopping or parking on roadways — Angle parking — Traffic-control
\n2487 devices prohibiting or restricting.
\n2488 (1) Except as otherwise provided in this section, a vehicle stopped or parked on a
\n2489 two-way roadway shall be stopped or parked with the right-hand wheels:
\n2490 (a) parallel to and within 12 inches of the right-hand curb; or
\n2491 (b) as close as practicable to the right edge of the right-hand shoulder.
\n2492 (2) Except when otherwise provided by local ordinance, a vehicle stopped or parked on
\n2493 a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway in the
\n2494 direction of authorized traffic movement with its:
\n2495 (a) right-hand wheels:
\n2496 (i) within 12 inches of the right-hand curb; or
\n2497 (ii) as close as practicable to the right edge of the right-hand shoulder; or
\n2498 (b) left-hand wheels:
\n2499 (i) within 12 inches of the left-hand curb; or
\n2500 (ii) as close as practicable to the left edge of the left-hand shoulder.
\n2501 (3) (a) Except as provided in Subsection (3)(b), local highway authorities may by
\n2502 ordinance permit angle parking on any roadway.
\n2503 (b) Angle parking is not permitted on any federal-aid or state highway unless the
\n2504 Department of Transportation has determined that the roadway is of sufficient width to permit
\n2505 angle parking without interfering with the free movement of traffic.
\n2506 (4) (a) The Department of Transportation, with respect to highways under its
\n2507 jurisdiction, may place traffic-control devices prohibiting or restricting the stopping, standing,
\n2508 or parking of vehicles on a highway where:
\n2509 (i) the stopping, standing, or parking is dangerous to those using the highway; or
\n2510 (ii) the stopping, standing, or parking of vehicles would unduly interfere with the free
\n2511 movement of traffic.
\n2512 (b) A person may not stop, stand, or park a vehicle in violation of the restriction
\n2513 indicated by the devices under Subsection (4)(a).
\n2514 (5) A violation of this section is an infraction.
\n2515 Section 89. Section 41-6a-1404 is amended to read:
\n2516 41-6a-1404. Stopping or parking on roadway outside business or residential
\n2517 district.
\n2518 (1) Outside a business or residence district, a person may not stop, park, or leave
\n2519 standing a vehicle, whether attended or unattended, on the roadway when it is practical to stop,
\n2520 park, or leave the vehicle off the roadway.
\n2521 (2) A person who stops, parks, or leaves a vehicle standing on a roadway shall:
\n2522 (a) leave an unobstructed width of the highway opposite the vehicle for the free
\n2523 passage of other vehicles; and
\n2524 (b) leave the vehicle so that other vehicle operators have a clear view of the stopped
\n2525 vehicle from a distance of 200 feet in each direction on the roadway.
\n2526 (3) This section and Sections 41-6a-1401 and 41-6a-1402 do not apply to the operator
\n2527 of a vehicle if the vehicle becomes disabled while on the paved or main traveled portion of a
\n2528 roadway in a manner and to the extent that it is impossible to avoid stopping and temporarily
\n2529 leaving the disabled vehicle on the paved or main traveled portion of the roadway.
\n2530 (4) A violation of this section is an infraction.
\n2531 Section 90. Section 41-6a-1407 is amended to read:
\n2532 41-6a-1407. Removal of unattended vehicles prohibited without authorization —
\n2533 Penalties.
\n2534 (1) In cases not amounting to burglary or theft of a vehicle, a person may not remove
\n2535 an unattended vehicle without prior authorization of:
\n2536 (a) a peace officer;
\n2537 (b) a law enforcement agency;
\n2538 (c) a highway authority having jurisdiction over the highway on which there is an
\n2539 unattended vehicle; or
\n2540 (d) the owner or person in lawful possession or control of the real property.
\n2541 (2) (a) An authorization from a person specified under Subsection (1)(a), (b), or (c)
\n2542 shall be in a form specified by the Motor Vehicle Division.
\n2543 (b) The removal of the unattended vehicle shall comply with requirements of Section
\n2544 41-6a-1406.
\n2545 (3) The removal of the unattended vehicle authorized under Subsection (1)(d) shall
\n2546 comply with requirements of Section 72-9-603.
\n2547 (4) A person who violates Subsection (1) or (3) is guilty of [a class C misdemeanor] an
\n2548 infraction.
\n2549 Section 91. Section 41-6a-1408 is amended to read:
\n2550 41-6a-1408. Abandoned vehicles — Removal by peace officer — Report — Vehicle
\n2551 identification.
\n2552 (1) As used in this section, “abandoned vehicle, vessel, or outboard motor” means a
\n2553 vehicle, vessel, or outboard motor that is left unattended:
\n2554 (a) on a highway or on or in the waters of the state for a period in excess of 48 hours;
\n2555 or
\n2556 (b) on public or private property for a period in excess of seven days without express or
\n2557 implied consent of the owner or person in lawful possession or control of the property.
\n2558 (2) A person may not abandon a vehicle, vessel, or outboard motor on a highway or on
\n2559 or in the waters of the state.
\n2560 (3) A person may not abandon a vehicle, vessel, or outboard motor on public or private
\n2561 property without the express or implied consent of the owner or person in lawful possession or
\n2562 control of the property.
\n2563 (4) A peace officer who has reasonable grounds to believe that a vehicle, vessel, or
\n2564 outboard motor has been abandoned may remove the vehicle, vessel, or outboard motor or
\n2565 cause it to be removed in accordance with Section 41-6a-1406 or 73-18-20.1.
\n2566 (5) If the motor number, manufacturer’s number or identification mark of the
\n2567 abandoned vehicle, vessel, or outboard motor has been defaced, altered or obliterated, the
\n2568 vehicle, vessel, or outboard motor may not be released or sold until:
\n2569 (a) the original motor number, manufacturer’s number or identification mark has been
\n2570 replaced; or
\n2571 (b) a new number assigned by the Motor Vehicle Division has been stamped on the
\n2572 vehicle, vessel, or outboard motor.
\n2573 (6) A violation of this section is an infraction.
\n2574 Section 92. Section 41-6a-1501 is amended to read:
\n2575 41-6a-1501. Motorcycle or motor-driven cycle — Place for operator to ride —
\n2576 Passengers.
\n2577 (1) A person operating a motorcycle or motor-driven cycle shall ride only on the
\n2578 permanent and regular seat attached to the motorcycle or motor-driven cycle.
\n2579 (2) (a) Except as provided in Subsection (2)(b):
\n2580 (i) a person operating a motorcycle or motor-driven cycle may not carry any other
\n2581 person on the motorcycle or motor-driven cycle; and
\n2582 (ii) a passenger may not ride on a motorcycle or a motor-driven cycle.
\n2583 (b) If a motorcycle or motor-driven cycle is designed to carry more than one person, a
\n2584 passenger may ride on:
\n2585 (i) the permanent and regular seat, if designed for two persons; or
\n2586 (ii) another seat firmly attached to the motorcycle or motor-driven cycle at the rear or
\n2587 side of the operator.
\n2588 (3) A person shall ride on a motorcycle or motor-driven cycle only while sitting astride
\n2589 the seat, facing forward, with one leg on either side of the motorcycle or motor-driven cycle.
\n2590 (4) A person may not operate a motorcycle or motor-driven cycle while carrying a
\n2591 package, bundle, or other article which prevents the person from keeping both hands on the
\n2592 handlebars.
\n2593 (5) An operator of a motorcycle or motor-driven cycle may not carry a person and a
\n2594 person may not ride in a position that interferes with:
\n2595 (a) the operation or control of the motorcycle or motor-driven cycle; or
\n2596 (b) the view of the operator.
\n2597 (6) A violation of this section is an infraction.
\n2598 Section 93. Section 41-6a-1502 is amended to read:
\n2599 41-6a-1502. Motorcycles, motor-driven cycles, or all-terrain type I vehicles —
\n2600 Operation on public highways.
\n2601 (1) (a) A motorcycle or a motor-driven cycle is entitled to full use of a lane.
\n2602 (b) A person may not operate a motor vehicle in a manner that deprives a motorcycle or
\n2603 motor-driven cycle of the full use of a lane.
\n2604 (c) This Subsection (1) does not apply to motorcycles or motor-driven cycles operated
\n2605 two abreast in a single lane.
\n2606 (2) The operator of a motorcycle or motor-driven cycle may not overtake and pass in
\n2607 the same lane occupied by the vehicle being overtaken.
\n2608 (3) A person may not operate a motorcycle or motor-driven cycle between:
\n2609 (a) lanes of traffic; or
\n2610 (b) adjacent lines or rows of vehicles.
\n2611 (4) Motorcycles or motor-driven cycles may not be operated more than two abreast in a
\n2612 single lane.
\n2613 (5) Subsections (2) and (3) do not apply to peace officers acting in the peace officers’
\n2614 official capacities.
\n2615 (6) The provisions of this section also apply to all-terrain type I vehicles.
\n2616 (7) A violation of this section is an infraction.
\n2617 Section 94. Section 41-6a-1503 is amended to read:
\n2618 41-6a-1503. Motorcycle or motor-driven cycle — Attaching to another vehicle
\n2619 prohibited.
\n2620 (1) A person riding on a motorcycle or motor-driven cycle may not attach himself to
\n2621 any other vehicle on a roadway.
\n2622 (2) A violation of this section is an infraction.
\n2623 Section 95. Section 41-6a-1504 is amended to read:
\n2624 41-6a-1504. Motorcycle or motor-driven cycle — Footrests for passenger — Height
\n2625 of handlebars limited.
\n2626 (1) A motorcycle or motor-driven vehicle carrying a passenger on a public highway,
\n2627 other than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger.
\n2628 (2) A person may not operate a motorcycle or motor-driven cycle with handlebars
\n2629 above shoulder height.
\n2630 (3) A violation of this section is an infraction.
\n2631 Section 96. Section 41-6a-1505 is amended to read:
\n2632 41-6a-1505. Motorcycle or motor-driven cycle — Protective headgear — Closed
\n2633 cab excepted — Electric assisted bicycles, motor assisted scooters, electric personal
\n2634 assistive mobility devices.
\n2635 (1) A person under the age of 18 may not operate or ride on a motorcycle or
\n2636 motor-driven cycle on a highway unless the person is wearing protective headgear which
\n2637 complies with specifications adopted under Subsection (3).
\n2638 (2) This section does not apply to persons riding within an enclosed cab.
\n2639 (3) The following standards and specifications for protective headgear are adopted:
\n2640 (a) 49 C.F.R. 571.218 related to protective headgear for motorcycles; and
\n2641 (b) 16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted
\n2642 scooters, and electric personal assistive mobility devices.
\n2643 (4) A court shall waive $8 of a fine charged to a person operating a motorcycle or
\n2644 motor-driven cycle for a moving traffic violation if the person was:
\n2645 (a) 18 years of age or older at the time of operation; and
\n2646 (b) wearing protective headgear that complies with the specifications adopted under
\n2647 Subsection (3) at the time of operation.
\n2648 (5) The failure to wear protective headgear:
\n2649 (a) does not constitute contributory or comparative negligence on the part of a person
\n2650 seeking recovery for injuries; and
\n2651 (b) may not be introduced as evidence in any civil litigation on the issue of negligence,
\n2652 injuries, or the mitigation of damages.
\n2653 (6) Notwithstanding Subsection (4), a court may not waive $8 of a fine charged to a
\n2654 person operating a motorcycle or motor-driven cycle for a driving under the influence violation
\n2655 of Section 41-6a-502.
\n2656 (7) A violation of this section is an infraction.
\n2657 Section 97. Section 41-6a-1506 is amended to read:
\n2658 41-6a-1506. Motorcycles — Required equipment — Brakes.
\n2659 (1) A motorcycle and a motor-driven cycle shall be equipped with the following items:
\n2660 (a) one head lamp which, when factory equipped with an automatic lighting ignition
\n2661 system, may not be disconnected;
\n2662 (b) one tail lamp;
\n2663 (c) either a tail lamp or a separate lamp which illuminates the rear license plate with a
\n2664 white light;
\n2665 (d) one red reflector on the rear, either separate or as part of the tail lamp;
\n2666 (e) one stop lamp;
\n2667 (f) a braking system, other than parking brake, in accordance with Section 41-6a-1623;
\n2668 (g) a horn or warning device in accordance with Section 41-6a-1625;
\n2669 (h) a muffler and emission control system in accordance with Section 41-6a-1626;
\n2670 (i) a mirror in accordance with Section 41-6a-1627; and
\n2671 (j) tires in accordance with Section 41-6a-1636.
\n2672 (2) The department may require an inspection of the braking system on a motor-driven
\n2673 cycle and disapprove a braking system that is not designed or constructed as to insure
\n2674 reasonable and reliable performance in actual use in accordance with Section 41-6a-1623.
\n2675 (3) A person may not operate a motor-driven cycle on a highway if the department has
\n2676 disapproved the braking system on the motor-driven cycle.
\n2677 (4) (a) Upon notice to the party to whom the motor-driven cycle is registered, the
\n2678 department may suspend the registration of a motor-driven cycle if the department has
\n2679 disapproved the braking system under this section.
\n2680 (b) The Motor Vehicle Division shall, under Subsection 41-1a-109(1)(e) or (2), refuse
\n2681 to register a motor-driven cycle if it has reason to believe the motor-driven cycle has a braking
\n2682 system disapproved under this section.
\n2683 (5) A violation of this section is an infraction.
\n2684 Section 98. Section 41-6a-1508 is amended to read:
\n2685 41-6a-1508. Low-speed vehicle.
\n2686 (1) Except as otherwise provided in this section, a low-speed vehicle is considered a
\n2687 motor vehicle for purposes of the Utah Code including requirements for:
\n2688 (a) traffic rules under Title 41, Chapter 6a, Traffic Code;
\n2689 (b) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
\n2690 (c) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
\n2691 Motor Vehicle Owners and Operators Act;
\n2692 (d) vehicle registration, titling, vehicle identification numbers, license plates, and
\n2693 registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
\n2694 (e) vehicle taxation under Title 59, Chapter 13, Motor and Special Fuel Tax Act, and
\n2695 fee in lieu of property taxes or in lieu fees under Section 59-2-405;
\n2696 (f) motor vehicle dealer licensing under Title 41, Chapter 3, Motor Vehicle Business
\n2697 Regulation Act;
\n2698 (g) motor vehicle safety inspection requirements under Section 53-8-205; and
\n2699 (h) safety belt requirements under Title 41, Chapter 6a, Part 18, Motor Vehicle Safety
\n2700 Belt Usage Act.
\n2701 (2) (a) A low-speed vehicle shall comply with federal safety standards established in 49
\n2702 C.F.R. 571.500 and shall be equipped with:
\n2703 (i) headlamps;
\n2704 (ii) front and rear turn signals, tail lamps, and stop lamps;
\n2705 (iii) turn signal lamps;
\n2706 (iv) reflex reflectors one on the rear of the vehicle and one on the left and right side and
\n2707 as far to the rear of the vehicle as practical;
\n2708 (v) a parking brake;
\n2709 (vi) a windshield that meets the standards under Section 41-6a-1635, including a
\n2710 device for cleaning rain, snow, or other moisture from the windshield; and
\n2711 (vii) an exterior rearview mirror on the driver’s side and either an interior rearview
\n2712 mirror or an exterior rearview mirror on the passenger side.
\n2713 (b) A low-speed vehicle that complies with this Subsection (2) and Subsection (3) and
\n2714 that is not altered from the manufacturer is considered to comply with equipment requirements
\n2715 under Part 16, Vehicle Equipment.
\n2716 (3) A person may not operate a low-speed vehicle that has been structurally altered
\n2717 from the original manufacturer’s design.
\n2718 (4) A low-speed vehicle is exempt from a motor vehicle emissions inspection and
\n2719 maintenance program requirements under Section 41-6a-1642.
\n2720 (5) (a) Except to cross a highway at an intersection, a low-speed vehicle may not be
\n2721 operated on a highway with a posted speed limit of more than 35 miles per hour.
\n2722 (b) In addition to the restrictions under Subsection (5)(a), a highway authority, may
\n2723 prohibit or restrict the operation of a low-speed vehicle on any highway under its jurisdiction, if
\n2724 the highway authority determines the prohibition or restriction is necessary for public safety.
\n2725 (6) A person may not operate a low-speed vehicle on a highway without displaying on
\n2726 the rear of the low-speed vehicle, a slow-moving vehicle identification emblem that complies
\n2727 with the Society of Automotive Engineers standard SAE J943.
\n2728 (7) A person who violates Subsection (2), (3), (5), or (6) is guilty of [a class C
\n2729 misdemeanor] an infraction.
\n2730 Section 99. Section 41-6a-1509 is amended to read:
\n2731 41-6a-1509. Street-legal all-terrain vehicle — Operation on highways —
\n2732 Registration and licensing requirements — Equipment requirements.
\n2733 (1) (a) Except as provided in Subsection (1)(b), an all-terrain type I vehicle, utility type
\n2734 vehicle, or full-sized all-terrain vehicle that meets the requirements of this section may be
\n2735 operated as a street-legal ATV on a street or highway unless the highway is an interstate
\n2736 freeway or a limited access highway as defined in Section 41-6a-102.
\n2737 (b) Unless a street or highway is designated as open for street-legal ATV use by the
\n2738 controlling highway authority in accordance with Section 41-22-10.5, a person may not operate
\n2739 a street-legal ATV on a street or highway in accordance with Subsection (1)(a) if the highway
\n2740 is under the jurisdiction of:
\n2741 (i) a county of the first class; or
\n2742 (ii) a municipality that is within a county of the first class.
\n2743 (2) A street-legal ATV shall comply with the same requirements as:
\n2744 (a) a motorcycle for:
\n2745 (i) traffic rules under Title 41, Chapter 6a, Traffic Code;
\n2746 (ii) registration, titling, odometer statement, vehicle identification, license plates, and
\n2747 registration fees under Title 41, Chapter 1a, Motor Vehicle Act;
\n2748 (iii) fees in lieu of property taxes or in lieu of fees under Section 59-2-405.2; and
\n2749 (iv) the county motor vehicle emissions inspection and maintenance programs under
\n2750 Section 41-6a-1642;
\n2751 (b) a motor vehicle for:
\n2752 (i) driver licensing under Title 53, Chapter 3, Uniform Driver License Act;
\n2753 (ii) motor vehicle insurance under Title 41, Chapter 12a, Financial Responsibility of
\n2754 Motor Vehicle Owners and Operators Act; and
\n2755 (iii) safety inspection requirements under Title 53, Chapter 8, Part 2, Motor Vehicle
\n2756 Safety Inspection Act, except that a street-legal ATV shall be subject to a safety inspection:
\n2757 (A) when registered for the first time; and
\n2758 (B) subsequently, on the same frequency as described in Subsection 53-8-205(2) based
\n2759 on the age of the vehicle as determined by the model year identified by the manufacturer; and
\n2760 (c) an all-terrain type I or type II vehicle for off-highway vehicle provisions under Title
\n2761 41, Chapter 22, Off-Highway Vehicles, and Title 41, Chapter 3, Motor Vehicle Business
\n2762 Regulation Act, unless otherwise specified in this section.
\n2763 (3) (a) An all-terrain type I vehicle and a utility type vehicle being operated as a
\n2764 street-legal ATV shall be equipped with:
\n2765 (i) one or more headlamps that meet the requirements of Section 41-6a-1603;
\n2766 (ii) one or more tail lamps;
\n2767 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
\n2768 with a white light;
\n2769 (iv) one or more red reflectors on the rear;
\n2770 (v) one or more stop lamps on the rear;
\n2771 (vi) amber or red electric turn signals, one on each side of the front and rear;
\n2772 (vii) a braking system, other than a parking brake, that meets the requirements of
\n2773 Section 41-6a-1623;
\n2774 (viii) a horn or other warning device that meets the requirements of Section
\n2775 41-6a-1625;
\n2776 (ix) a muffler and emission control system that meets the requirements of Section
\n2777 41-6a-1626;
\n2778 (x) rearview mirrors on the right and left side of the driver in accordance with Section
\n2779 41-6a-1627;
\n2780 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
\n2781 (xii) a speedometer, illuminated for nighttime operation;
\n2782 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
\n2783 seat designed for passengers, including a footrest and handhold for each passenger;
\n2784 (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
\n2785 (xv) tires that:
\n2786 (A) do not exceed 29 inches in height;
\n2787 (B) are not larger than the tires that the all-terrain vehicle manufacturer made available
\n2788 for the all-terrain vehicle model; and
\n2789 (C) have at least 2\/32 inches or greater tire tread.
\n2790 (b) A full-sized all-terrain vehicle being operated as a street-legal all-terrain vehicle
\n2791 shall be equipped with:
\n2792 (i) two headlamps that meet the requirements of Section 41-6a-1603;
\n2793 (ii) two tail lamps;
\n2794 (iii) a tail lamp or other lamp constructed and placed to illuminate the registration plate
\n2795 with a white light;
\n2796 (iv) one or more red reflectors on the rear;
\n2797 (v) two stop lamps on the rear;
\n2798 (vi) amber or red electric turn signals, one on each side of the front and rear;
\n2799 (vii) a braking system, other than a parking brake, that meets the requirements of
\n2800 Section 41-6a-1623;
\n2801 (viii) a horn or other warning device that meets the requirements of Section
\n2802 41-6a-1625;
\n2803 (ix) a muffler and emission control system that meets the requirements of Section
\n2804 41-6a-1626;
\n2805 (x) rearview mirrors on the right and left side of the driver in accordance with Section
\n2806 41-6a-1627;
\n2807 (xi) a windshield, unless the operator wears eye protection while operating the vehicle;
\n2808 (xii) a speedometer, illuminated for nighttime operation;
\n2809 (xiii) for vehicles designed by the manufacturer for carrying one or more passengers, a
\n2810 seat designed for passengers, including a footrest and handhold for each passenger;
\n2811 (xiv) for vehicles with side-by-side seating, seatbelts for each vehicle occupant; and
\n2812 (xv) tires that:
\n2813 (A) do not exceed 44 inches in height; and
\n2814 (B) have at least 2\/32 inches or greater tire tread.
\n2815 (4) (a) Subject to the requirement in Subsection (4)(b), an operator of a street-legal
\n2816 all-terrain vehicle, when operating a street-legal all-terrain vehicle on a highway in accordance
\n2817 with this section, may not exceed the lesser of:
\n2818 (i) the posted speed limit; or
\n2819 (ii) 45 miles per hour.
\n2820 (b) An operator of a street-legal all-terrain vehicle, when operating a street-legal
\n2821 all-terrain vehicle on a highway with a posted speed limit higher than 45 miles per hour, shall:
\n2822 (i) operate the street-legal all-terrain vehicle on the extreme right hand side of the
\n2823 roadway; and
\n2824 (ii) equip the street-legal all-terrain vehicle with a reflector or reflective tape to the front
\n2825 and back of both sides of the vehicle.
\n2826 (5) (a) A nonresident operator of an off-highway vehicle that is authorized to be
\n2827 operated on the highways of another state has the same rights and privileges as a street-legal
\n2828 ATV that is granted operating privileges on the highways of this state, subject to the
\n2829 restrictions under this section and rules made by the Board of Parks and Recreation, if the other
\n2830 state offers reciprocal operating privileges to Utah residents.
\n2831 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
\n2832 Board of Parks and Recreation shall establish eligibility requirements for reciprocal operating
\n2833 privileges for nonresident users granted under Subsection (5)(a).
\n2834 (6) Nothing in this chapter shall restrict the operation of an off-highway vehicle in
\n2835 accordance with Section 41-22-10.5.
\n2836 (7) A violation of this section is an infraction.
\n2837 Section 100. Section 41-6a-1601 is amended to read:
\n2838 41-6a-1601. Operation of unsafe or improperly equipped vehicles on public
\n2839 highways — Exceptions.
\n2840 (1) (a) A person may not operate or move and an owner may not cause or knowingly
\n2841 permit to be operated or moved on a highway a vehicle or combination of vehicles which:
\n2842 (i) is in an unsafe condition that may endanger any person;
\n2843 (ii) does not contain those parts or is not at all times equipped with lamps and other
\n2844 equipment in proper condition and adjustment as required in this chapter;
\n2845 (iii) is equipped in any manner in violation of this chapter; or
\n2846 (iv) emits pollutants in excess of the limits allowed under the rules of the Air Quality
\n2847 Board created under Title 19, Chapter 2, Air Conservation Act, or under rules made by local
\n2848 health departments.
\n2849 (b) A person may not do any act forbidden or fail to perform any act required under this
\n2850 chapter.
\n2851 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
\n2852 and in coordination with the rules made under Section 53-8-204, the department shall make
\n2853 rules setting minimum standards covering the design, construction, condition, and operation of
\n2854 vehicle equipment for safely operating a motor vehicle on the highway as required under this
\n2855 part.
\n2856 (b) The rules under Subsection (2)(a):
\n2857 (i) shall conform as nearly as practical to Federal Motor Vehicle Safety Standards and
\n2858 Regulations;
\n2859 (ii) may incorporate by reference, in whole or in part, the federal standards under
\n2860 Subsection (2)(b)(i) and nationally recognized and readily available standards and codes on
\n2861 motor vehicle safety;
\n2862 (iii) shall include provisions for the issuance of a permit under Section 41-6a-1602;
\n2863 (iv) shall include standards for the emergency lights of authorized emergency vehicles;
\n2864 (v) may provide standards and specifications applicable to lighting equipment on
\n2865 school buses consistent with:
\n2866 (A) this part;
\n2867 (B) federal motor vehicle safety standards; and
\n2868 (C) current specifications of the Society of Automotive Engineers;
\n2869 (vi) shall provide procedures for the submission, review, approval, disapproval,
\n2870 issuance of an approval certificate, and expiration or renewal of approval of any part as
\n2871 required under Section 41-6a-1620;
\n2872 (vii) shall establish specifications for the display or etching of a vehicle identification
\n2873 number on a vehicle;
\n2874 (viii) shall establish specifications in compliance with this part for a flare, fusee,
\n2875 electric lantern, warning flag, or portable reflector used in compliance with this part;
\n2876 (ix) shall establish approved safety and law enforcement purposes when video display
\n2877 is visible to the motor vehicle operator; and
\n2878 (x) shall include standards and specifications for both original equipment and parts
\n2879 included when a vehicle is manufactured and aftermarket equipment and parts included after
\n2880 the original manufacture of a vehicle.
\n2881 (c) The following standards and specifications for vehicle equipment are adopted:
\n2882 (i) 49 C.F.R. 571.209 related to safety belts;
\n2883 (ii) 49 C.F.R. 571.213 related to child restraint devices;
\n2884 (iii) 49 C.F.R. 393, 396, and 396 Appendix G related to commercial motor vehicles
\n2885 and trailers operated in interstate commerce;
\n2886 (iv) 49 C.F.R. 571 Standard 108 related to lights and illuminating devices; and
\n2887 (v) 40 C.F.R. 82.30 through 82.42 and Part 82, Subpart B, Appendix A and B related
\n2888 to air conditioning equipment.
\n2889 (3) Nothing in this chapter or the rules made by the department prohibit:
\n2890 (a) equipment required by the United States Department of Transportation; or
\n2891 (b) the use of additional parts and accessories on a vehicle not inconsistent with the
\n2892 provisions of this chapter or the rules made by the department.
\n2893 (4) Except as specifically made applicable, the provisions of this chapter and rules of
\n2894 the department with respect to equipment required on vehicles do not apply to:
\n2895 (a) implements of husbandry;
\n2896 (b) road machinery;
\n2897 (c) road rollers;
\n2898 (d) farm tractors;
\n2899 (e) motorcycles;
\n2900 (f) motor-driven cycles;
\n2901 (g) vehicles moved solely by human power;
\n2902 (h) off-highway vehicles registered under Section 41-22-3 either:
\n2903 (i) on a highway designated as open for off-highway vehicle use; or
\n2904 (ii) in the manner prescribed by Subsections 41-22-10.3(1) through (3); or
\n2905 (i) off-highway implements of husbandry when operated in the manner prescribed by
\n2906 Subsections 41-22-5.5(3) through (5).
\n2907 (5) The vehicles referred to in Subsections (4)(h) and (i) are subject to the equipment
\n2908 requirements of Title 41, Chapter 22, Off-highway Vehicles, and the rules made under that
\n2909 chapter.
\n2910 (6) (a) (i) Except as provided in Subsection (6)(a)(ii), a federal motor vehicle safety
\n2911 standard supersedes any conflicting provision of this chapter.
\n2912 (ii) Federal motor vehicle safety standards do not supersede the provisions of Section
\n2913 41-6a-1509 governing the requirements for and use of street-legal all-terrain vehicles on
\n2914 highways.
\n2915 (b) The department:
\n2916 (i) shall report any conflict found under Subsection (6)(a) to the appropriate
\n2917 committees or officials of the Legislature; and
\n2918 (ii) may adopt a rule to replace the superseded provision.
\n2919 (7) A violation of this section is an infraction.
\n2920 Section 101. Section 41-6a-1602 is amended to read:
\n2921 41-6a-1602. Permit to operate vehicle in violation of equipment regulations.
\n2922 (1) The department may issue a permit which will allow temporary operation of a
\n2923 vehicle in violation of the provisions of this chapter or in violation of rules made by the
\n2924 department.
\n2925 (2) The permit shall be carried in the vehicle and shall be displayed upon demand of a
\n2926 magistrate or peace officer.
\n2927 (3) (a) The department may limit the time, manner, or duration of operation and may
\n2928 otherwise prescribe conditions of operation that are necessary to protect the safety of highway
\n2929 users or efficient movement of traffic.
\n2930 (b) Any conditions shall be stated on the permit and a person may not violate them.
\n2931 (4) A violation of this section is an infraction.
\n2932 Section 102. Section 41-6a-1603 is amended to read:
\n2933 41-6a-1603. Lights and illuminating devices — Duty to display — Time.
\n2934 (1) (a) The operator of a vehicle shall turn on the lamps or lights of the vehicle on a
\n2935 highway at any time from a half hour after sunset to a half hour before sunrise and at any other
\n2936 time when, due to insufficient light or unfavorable atmospheric conditions, persons and
\n2937 vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead.
\n2938 (b) The lights, lighted lamps, and other lamps and illuminating devices under
\n2939 Subsection (1)(a) shall be lighted as respectively required for different classes of vehicles,
\n2940 subject to the exceptions for parked vehicles under Section 41-6a-1607.
\n2941 (2) Whenever a requirement is made as to distance from which certain lamps and
\n2942 devices shall render objects visible or within which the lamps or devices shall be visible, the
\n2943 provisions apply during the times specified under Subsection (1)(a) for a vehicle without load
\n2944 on a straight, level, unlighted highway under normal atmospheric conditions, unless a different
\n2945 time or condition is expressly stated.
\n2946 (3) Whenever a requirement is made as to the mounted height of lamps or devices it
\n2947 shall mean from the center of the lamp or device to the level ground upon which the vehicle
\n2948 stands when the vehicle is without a load.
\n2949 (4) A violation of this section is an infraction.
\n2950 Section 103. Section 41-6a-1604 is amended to read:
\n2951 41-6a-1604. Motor vehicle head lamp, tail lamps, stop lamps, and other lamps —
\n2952 Requirements.
\n2953 (1) A motor vehicle shall be equipped with at least two head lamps with at least one on
\n2954 each side of the front of the motor vehicle.
\n2955 (2) (a) A motor vehicle, trailer, semitrailer, pole trailer, and any other vehicle which is
\n2956 being drawn at the end of a combination of vehicles, shall be equipped with at least two tail
\n2957 lamps and two or more red reflectors mounted on the rear.
\n2958 (b) (i) Except as provided under Subsections (2)(b)(ii), (2)(c), and Section 41-6a-1612,
\n2959 all stop lamps or other lamps and reflectors mounted on the rear of a vehicle shall display or
\n2960 reflect a red color.
\n2961 (ii) A turn signal or hazard warning light may be red or yellow.
\n2962 (c) Either a tail lamp or a separate lamp shall be so constructed and placed as to
\n2963 illuminate with a white light the rear registration plate.
\n2964 (3) (a) A motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two
\n2965 or more stop lamps and flashing turn signals.
\n2966 (b) A supplemental stop lamp may be mounted on the rear of a vehicle, if the
\n2967 supplemental stop lamp:
\n2968 (i) emits a red light;
\n2969 (ii) is mounted:
\n2970 (A) and constructed so that no light emitted from the device, either direct or reflected,
\n2971 is visible to the driver;
\n2972 (B) not lower than 15 inches above the roadway; and
\n2973 (C) on the vertical center line of the vehicle; and
\n2974 (iii) is the size, design, and candle power that conforms to federal standards regulating
\n2975 stop lamps.
\n2976 (4) (a) Each head lamp, tail lamp, supplemental stop lamp, flashing turn lamp, other
\n2977 lamp, or reflector required under this part shall comply with the requirements and limitations
\n2978 established under Section 41-6a-1601.
\n2979 (b) The department, by rules made under Section 41-6a-1601, may require trucks,
\n2980 buses, motor homes, motor vehicles with truck-campers, trailers, semitrailers, and pole trailers
\n2981 to have additional lamps and reflectors.
\n2982 (5) The department, by rules made under Section 41-6a-1601, may allow:
\n2983 (a) one tail lamp on any vehicle equipped with only one when it was made;
\n2984 (b) one stop lamp on any vehicle equipped with only one when it was made; and
\n2985 (c) passenger cars and trucks with a width less than 80 inches and manufactured or
\n2986 assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps.
\n2987 (6) A violation of this section is an infraction.
\n2988 Section 104. Section 41-6a-1606 is amended to read:
\n2989 41-6a-1606. Load extending beyond rear of vehicle — Duty to display lamps and
\n2990 reflectors or flags.
\n2991 (1) If a load on a vehicle extends to the rear four feet or more beyond the bed or body
\n2992 of the vehicle, the operator shall display lamps, reflectors, or flags at the extreme rear end of
\n2993 the load in accordance with this section.
\n2994 (2) During hours of darkness as specified in Section 41-6a-1603, the following shall be
\n2995 displayed:
\n2996 (a) two red reflectors located so as to indicate maximum width; and
\n2997 (b) two red lamps, one on each side with one red lamp located so as to indicate
\n2998 maximum overhang.
\n2999 (3) (a) At a time other than the time indicated under Subsection (2), on a vehicle
\n3000 having a load which extends beyond its sides or more than four feet beyond its rear, red flags
\n3001 shall be displayed marking the extremities of the load, at each point where a lamp or reflector
\n3002 is required under Subsection (2).
\n3003 (b) The red flags shall be at least 12 inches square.
\n3004 (4) A violation of this section is an infraction.
\n3005 Section 105. Section 41-6a-1607 is amended to read:
\n3006 41-6a-1607. Parking lamps required — Use when vehicle parked at night — Head
\n3007 lamps dimmed.
\n3008 (1) (a) A vehicle shall be equipped with one or more parking lamps.
\n3009 (b) The parking lamps shall comply with requirements established under Section
\n3010 41-6a-1601.
\n3011 (2) A vehicle parked or stopped on a roadway or shoulder, whether attended or
\n3012 unattended, shall display lighted parking lamps if conditions exist as specified under
\n3013 Subsection 41-6a-1603(1)(a).
\n3014 (3) Any lighted head lamps on a parked vehicle shall be dimmed.
\n3015 (4) A violation of this section is an infraction.
\n3016 Section 106. Section 41-6a-1608 is amended to read:
\n3017 41-6a-1608. Farm tractors and equipment — Lamps and reflectors —
\n3018 Slow-moving vehicle emblem.
\n3019 (1) (a) A farm tractor and a self-propelled implement of husbandry manufactured or
\n3020 assembled after January 1, 1970, shall be equipped with hazard warning lights of a type
\n3021 described in Section 41-6a-1611.
\n3022 (b) The hazard warning lights shall be:
\n3023 (i) visible from a distance of not less than 1,000 feet to the front and rear in normal
\n3024 sunlight; and
\n3025 (ii) displayed whenever a farm tractor or self-propelled implement of husbandry is
\n3026 operated on a highway.
\n3027 (2) (a) A farm tractor and a self-propelled implement of husbandry manufactured or
\n3028 assembled after January 1, 1970, shall be equipped with lamps and reflectors as required under
\n3029 this section.
\n3030 (b) A farm tractor and a self-propelled implement of husbandry manufactured or
\n3031 assembled prior to January 1, 1970 shall be equipped with lamps and reflectors as required in
\n3032 this section if operated on a highway under the conditions specified under Subsection
\n3033 41-6a-1603(1)(a).
\n3034 (3) Subject to the provisions of Subsection (2), a farm tractor and an implement of
\n3035 husbandry shall be equipped with:
\n3036 (a) at least two head lamps;
\n3037 (b) at least one red lamp visible when lighted from a distance of not less than 1,000
\n3038 feet to the rear mounted as far to the left of the center of the vehicle as practicable; and
\n3039 (c) at least two red reflectors visible from all distances within 600 feet to 100 feet to
\n3040 the rear when directly in front of lawful lower beams of head lamps.
\n3041 (4) Towed farm equipment or a towed implement of husbandry shall be equipped with
\n3042 lamps and reflectors as provided under this Subsection (4), if operated on a highway under the
\n3043 conditions specified under Subsection 41-6a-1603(1)(a).
\n3044 (a) If the towed unit or its load extends more than four feet to the rear of the tractor or
\n3045 obscures any light on a tractor, the towed unit shall be equipped on the rear with at least two
\n3046 red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in
\n3047 front of lawful lower beams of head lamps.
\n3048 (b) (i) If the towed unit extends more than four feet to the left of the center line of the
\n3049 tractor, the towed unit shall be equipped on the front with an amber reflector visible from all
\n3050 distances within 600 feet to 100 feet to the front when directly in front of lawful lower beams
\n3051 of head lamps.
\n3052 (ii) The reflector under Subsection (4)(b)(i) shall be positioned to indicate, as nearly as
\n3053 practicable, the extreme left projection of the towed unit.
\n3054 (c) If the towed unit or its load obscures either of the vehicle hazard warning lights on
\n3055 the tractor, the towed unit shall be equipped with vehicle hazard warning lights described in
\n3056 Subsection (1).
\n3057 (5) (a) The two red reflectors required under Subsections (3) and (4) shall be positioned
\n3058 to show, as nearly as practicable, the extreme width of the vehicle or combination of vehicles
\n3059 as viewed from the rear of the vehicle or combination of vehicles.
\n3060 (b) Reflective tape or paint may be used in lieu of the reflectors required under this
\n3061 section.
\n3062 (6) (a) A slow-moving vehicle emblem mounted on the rear is required on:
\n3063 (i) a farm tractor and a self-propelled implement of husbandry designed for operation at
\n3064 speeds not in excess of 25 miles per hour; or
\n3065 (ii) towed farm equipment or a towed implement of husbandry if the towed unit or any
\n3066 load on it obscures the slow-moving vehicle emblem on the farm tractor or self-propelled
\n3067 implement of husbandry.
\n3068 (b) The slow-moving vehicle emblem’s design, size, mounting, and position on the
\n3069 vehicle required under this Subsection (6), shall:
\n3070 (i) comply with current standards and specifications of the American Society of
\n3071 Agricultural Engineers; and
\n3072 (ii) be approved by the department.
\n3073 (c) A slow-moving vehicle identification emblem may not be:
\n3074 (i) used except as required under this section and Sections 41-6a-1508 and 41-6a-1609;
\n3075 or
\n3076 (ii) displayed on a vehicle traveling at a speed in excess of 25 miles per hour.
\n3077 (7) A violation of this section is an infraction.
\n3078 Section 107. Section 41-6a-1609 is amended to read:
\n3079 41-6a-1609. Lamps and reflectors on vehicles not otherwise specified —
\n3080 Slow-moving vehicle identification emblems on animal-drawn vehicles.
\n3081 (1) An animal-drawn vehicle, a vehicle under Section 41-6a-1604, and a vehicle not
\n3082 specifically required by the provisions of other sections in this chapter to be equipped with
\n3083 lamps or other lighting devices, shall be equipped with lamps or other lighting devices if
\n3084 operated on a highway under the conditions specified under Subsection 41-6a-1603(1)(a) as
\n3085 follows:
\n3086 (a) at least one lamp displaying a white light visible from a distance of not less than
\n3087 1,000 feet to the front of the vehicle; and
\n3088 (b) (i) two lamps displaying red light visible from a distance of not less than 1,000 feet
\n3089 to the rear of the vehicle; or
\n3090 (ii) one lamp displaying a red light visible from a distance of not less than 1,000 feet to
\n3091 the rear and two red reflectors visible from all distances of 600 to 100 feet to the rear when
\n3092 illuminated by the lawful lower beams of head lamps.
\n3093 (2) An animal-drawn vehicle shall at all times be equipped with a slow-moving vehicle
\n3094 identification emblem as provided under Section 41-6a-1608.
\n3095 (3) A violation of this section is an infraction.
\n3096 Section 108. Section 41-6a-1610 is amended to read:
\n3097 41-6a-1610. Spot lamps.
\n3098 (1) A motor vehicle may not be equipped with more than two spot lamps.
\n3099 (2) A lighted spot lamp may not be aimed or used so that any part of the high intensity
\n3100 portion of the beam strikes the windshield, or any windows, mirror, or occupant of another
\n3101 vehicle in use.
\n3102 (3) This section does not apply to spot lamps on an authorized emergency vehicle.
\n3103 (4) A violation of this section is an infraction.
\n3104 Section 109. Section 41-6a-1611 is amended to read:
\n3105 41-6a-1611. Hazard warning lamps.
\n3106 (1) A vehicle manufactured with hazard warning lights shall be equipped with hazard
\n3107 warning lights for the purpose of warning the operators of other vehicles of the presence of a
\n3108 vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or
\n3109 passing.
\n3110 (2) In addition to the requirements of Subsection (1), a bus, truck, truck-tractor, trailer,
\n3111 semitrailer, or pole trailer shall be equipped with hazard warning lights if the bus, truck,
\n3112 truck-tractor, trailer, semitrailer, or pole trailer is 80 inches or more in overall width or 30 feet
\n3113 or more in overall length.
\n3114 (3) The hazard warning lights required under this section shall comply with rules made
\n3115 by the department under Section 41-6a-1601.
\n3116 (4) A violation of this section is an infraction.
\n3117 Section 110. Section 41-6a-1612 is amended to read:
\n3118 41-6a-1612. Back-up lamps — Side marker lamps.
\n3119 (1) (a) A motor vehicle may be equipped with one or more back-up lamps either
\n3120 separately or in combination with other lamps.
\n3121 (b) A back-up lamp or lamps may not be lighted when the motor vehicle is in forward
\n3122 motion.
\n3123 (c) A lighted back-up lamp shall emit a white light.
\n3124 (2) A vehicle may be equipped with one or more side marker lamps that may be
\n3125 flashed in conjunction with turn or vehicular hazard warning signals.
\n3126 (3) A back-up lamp and side marker lamp under this section shall comply with rules
\n3127 made by the department under Section 41-6a-1601.
\n3128 (4) A violation of this section is an infraction.
\n3129 Section 111. Section 41-6a-1613 is amended to read:
\n3130 41-6a-1613. Lamp required for operation of vehicle on highway or adjacent
\n3131 shoulder — Dimming of lights.
\n3132 (1) (a) If a vehicle is operated on a highway or shoulder adjacent to the highway under
\n3133 the conditions specified under Subsection 41-6a-1603(1)(a), the operator of a vehicle shall use
\n3134 a high or low beam distribution of light or composite beam except as provided under
\n3135 Subsection (1)(c).
\n3136 (b) Except as provided under Subsection (1)(c), the distribution of light or composite
\n3137 beam shall be directed high enough and of sufficient intensity to reveal persons and vehicles at
\n3138 a safe distance in advance of the vehicle.
\n3139 (c) The operator of a vehicle shall use a low beam distribution of light or composite
\n3140 beam if the vehicle approaches:
\n3141 (i) an oncoming vehicle within 500 feet; or
\n3142 (ii) another vehicle from the rear within 300 feet.
\n3143 (2) (a) The low beam distribution of light or composite beam shall be aimed to avoid
\n3144 projecting glaring rays into the:
\n3145 (i) eyes of an oncoming operator; or
\n3146 (ii) rearview mirror of a vehicle approached from the rear.
\n3147 (b) A vehicle is not in violation of Subsection (2)(a) if:
\n3148 (i) the vehicle has not been significantly altered from the original vehicle
\n3149 manufacturer’s specifications; or
\n3150 (ii) the glaring rays result from road contour or a temporary load on the vehicle.
\n3151 (3) A violation of this section is an infraction.
\n3152 Section 112. Section 41-6a-1616 is amended to read:
\n3153 41-6a-1616. High intensity beams — Red or blue lights — Flashing lights — Color
\n3154 of rear lights and reflectors.
\n3155 (1) (a) Except as provided under Subsection (1)(b), under the conditions specified
\n3156 under Subsection 41-6a-1603(1)(a), a lighted lamp or illuminating device on a vehicle, which
\n3157 projects a beam of light of an intensity greater than 300 candlepower shall be directed so that
\n3158 no part of the high intensity portion of the beam will strike the level of the roadway on which
\n3159 the vehicle stands at a distance of more than 75 feet from the vehicle.
\n3160 (b) The provisions of Subsection (1)(a) do not apply to head lamps, spot lamps,
\n3161 auxiliary lamps, flashing turn signals, hazard warning lamps, and school bus warning lamps.
\n3162 (c) A motor vehicle on a highway may not have more than a total of four lamps lighted
\n3163 on the front of the vehicle including head lamps, auxiliary lamps, spot lamps, or any other lamp
\n3164 if the lamp projects a beam of an intensity greater than 300 candlepower.
\n3165 (2) (a) Except for an authorized emergency vehicle and a school bus, a person may not
\n3166 operate or move any vehicle or equipment on a highway with a lamp or device capable of
\n3167 displaying a red light that is visible from directly in front of the center of the vehicle.
\n3168 (b) Except for a law enforcement vehicle, a person may not operate or move any
\n3169 vehicle or equipment on a highway with a lamp or device capable of displaying a blue light that
\n3170 is visible from directly in front of the center of the vehicle.
\n3171 (3) A person may not use flashing lights on a vehicle except for:
\n3172 (a) taillights of bicycles under Section 41-6a-1114;
\n3173 (b) authorized emergency vehicles under rules made by the department under Section
\n3174 41-6a-1601;
\n3175 (c) turn signals under Section 41-6a-1604;
\n3176 (d) hazard warning lights under Sections 41-6a-1608 and 41-6a-1611;
\n3177 (e) school bus flashing lights under Section 41-6a-1302; and
\n3178 (f) vehicles engaged in highway construction or maintenance under Section
\n3179 41-6a-1617.
\n3180 (4) A person may not use a rotating light on any vehicle other than an authorized
\n3181 emergency vehicle.
\n3182 (5) A violation of this section is an infraction.
\n3183 Section 113. Section 41-6a-1618 is amended to read:
\n3184 41-6a-1618. Sale or use of unapproved lighting equipment or devices prohibited.
\n3185 (1) Except as provided under Subsection (2), a person may not use, have for sale, sell,
\n3186 or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer, semitrailer,
\n3187 or pole trailer any head lamp, auxiliary fog lamp, rear lamp, signal lamp, required reflector, or
\n3188 any parts of that equipment which tend to change the original design or performance, unless the
\n3189 part or equipment complies with the specifications adopted under Section 41-6a-1601.
\n3190 (2) The provisions of Subsection (1) do not apply to equipment in actual use prior to
\n3191 July 1, 1979 or to replacement parts of this equipment.
\n3192 (3) A person may not use on a motor vehicle, trailer, semitrailer, or pole trailer any
\n3193 lamps under this section unless the lamps are mounted, adjusted, and aimed in accordance with
\n3194 this part.
\n3195 (4) A violation of this section is an infraction.
\n3196 Section 114. Section 41-6a-1619 is amended to read:
\n3197 41-6a-1619. Sale of unapproved equipment prohibited — Trademark or brand
\n3198 name.
\n3199 (1) A person shall not sell or offer for sale any equipment or parts that do not comply
\n3200 with the standards adopted under Section 41-6a-1601 including any lamp, reflector, hydraulic
\n3201 brake fluid, seat belt, safety glass, emergency disablement warning device, studded tire,
\n3202 motorcycle helmet, eye protection device for motorists, or red rear bicycle reflector.
\n3203 (2) Any equipment described under Subsection (1) or Section 41-6a-1618 or any
\n3204 package containing the equipment shall bear the manufacturer’s trademark or brand name
\n3205 unless it complies with identification requirements of the United States Department of
\n3206 Transportation or other federal agencies.
\n3207 (3) A violation of this section is an infraction.
\n3208 Section 115. Section 41-6a-1623 is amended to read:
\n3209 41-6a-1623. Braking systems required — Adoption of performance requirements
\n3210 by department.
\n3211 (1) A motor vehicle and a combination of vehicles shall have a service braking system
\n3212 which will stop the motor vehicle or combination of vehicles within:
\n3213 (a) 40 feet from an initial speed of 20 miles per hour on a level, dry, smooth, hard
\n3214 surface; or
\n3215 (b) a shorter distance as may be specified by the department in accordance with federal
\n3216 standards.
\n3217 (2) A motor vehicle and a combination of vehicles shall have a parking brake system:
\n3218 (a) adequate to hold the motor vehicle or combination of vehicles on any grade on
\n3219 which it is operated under all conditions of loading on a surface free from snow, ice or loose
\n3220 material; or
\n3221 (b) which complies with performance standards issued by the department in accordance
\n3222 with federal standards.
\n3223 (3) In addition to the requirements of Subsections (1) and (2), if necessary for safe
\n3224 operation, the department may by rule require additional braking systems in accordance with
\n3225 federal standards.
\n3226 (4) A violation of this section is an infraction.
\n3227 Section 116. Section 41-6a-1624 is amended to read:
\n3228 41-6a-1624. Failure to repair a damaged or deployed airbag — Penalty.
\n3229 (1) As used in this section, “person” includes the owner or lessee of a motor vehicle, a
\n3230 body shop, dealer, remanufacturer, salvage rebuilder, vehicle service maintenance facility, or
\n3231 any entity or individual engaged in the repair or replacement of motor vehicles or airbag
\n3232 passive restraint systems.
\n3233 (2) Except as provided under Subsection (3), if a repair to a vehicle to be used on a
\n3234 highway is initiated, a person who has actual knowledge that a motor vehicle’s airbag passive
\n3235 restraint system is damaged or has been deployed may not fail or cause another person to fail to
\n3236 fully restore, arm, and return to original operating condition, the motor vehicle’s airbag passive
\n3237 restraint system.
\n3238 (3) In the course of repairing a motor vehicle, a person who has actual knowledge that
\n3239 the motor vehicle’s airbag passive restraint system is damaged or has been deployed shall notify
\n3240 the owner or lessee of the vehicle, in a form approved by the Department of Public Safety, that
\n3241 the failure to repair and fully restore the motor vehicle’s airbag passive restraint system is a
\n3242 class B misdemeanor.
\n3243 (4) Unless acting under a dismantling permit under Section 41-1a-1010, a person may
\n3244 not remove or modify a motor vehicle’s airbag passive restraint system with the intent of
\n3245 rendering the motor vehicle’s airbag passive restraint system inoperable.
\n3246 (5) A person who violates this section is guilty of a class [B] C misdemeanor.
\n3247 Section 117. Section 41-6a-1625 is amended to read:
\n3248 41-6a-1625. Horns and warning devices — Emergency vehicles.
\n3249 (1) (a) A motor vehicle operated on a highway shall be equipped with a horn or other
\n3250 warning device in good working order.
\n3251 (b) The horn or other warning device:
\n3252 (i) shall be capable of emitting sound audible under normal conditions from a distance
\n3253 of not less than 200 feet; and
\n3254 (ii) may not emit an unreasonably loud or harsh sound or a whistle.
\n3255 (c) The operator of a motor vehicle:
\n3256 (i) when reasonably necessary to insure safe operation, shall give audible warning with
\n3257 the horn; and
\n3258 (ii) except as provided under Subsection (1)(c)(i), may not use the horn on a highway.
\n3259 (2) Except as provided under this section, a vehicle may not be equipped with and a
\n3260 person may not use on a vehicle a siren, whistle, or bell.
\n3261 (3) (a) A vehicle may be equipped with a theft alarm signal device if it is arranged so
\n3262 that it cannot be used by the operator as an ordinary warning signal.
\n3263 (b) A theft alarm signal device may:
\n3264 (i) use a whistle, bell, horn or other audible signal; and
\n3265 (ii) not use a siren.
\n3266 (4) (a) An authorized emergency vehicle shall be equipped with a siren, whistle, or bell
\n3267 capable of emitting sound audible under normal conditions from a distance of not less than 500
\n3268 feet.
\n3269 (b) The type of sound shall be approved by the department based on standards adopted
\n3270 by rules under Section 41-6a-1601.
\n3271 (c) The siren on an authorized emergency vehicle may not be used except:
\n3272 (i) when the vehicle is operated in response to an emergency call; or
\n3273 (ii) in the immediate pursuit of an actual or suspected violator of the law.
\n3274 (d) The operator of an authorized emergency vehicle shall sound the siren in
\n3275 accordance with this section when reasonably necessary to warn pedestrians and other vehicle
\n3276 operators of the approach of the authorized emergency vehicle.
\n3277 (5) A violation of this section is an infraction.
\n3278 Section 118. Section 41-6a-1626 is amended to read:
\n3279 41-6a-1626. Mufflers — Prevention of noise, smoke, and fumes — Air pollution
\n3280 control devices.
\n3281 (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
\n3282 unusual noise.
\n3283 (b) A motor vehicle shall be equipped with a muffler or other effective noise
\n3284 suppressing system in good working order and in constant operation.
\n3285 (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
\n3286 (2) (a) Except while the engine is being warmed to the recommended operating
\n3287 temperature, the engine and power mechanism of a:
\n3288 (i) gasoline-powered motor vehicle may not emit visible contaminants during
\n3289 operation;
\n3290 (ii) diesel engine manufactured on or after January 1, 1973, may not emit visible
\n3291 contaminants of a shade or density darker than 20% opacity; and
\n3292 (iii) diesel engine manufactured before January 1, 1973, may not emit visible
\n3293 contaminants of a shade or density darker than 40% opacity.
\n3294 (b) A person who violates the provisions of Subsection (2)(a) is guilty of [a class C
\n3295 misdemeanor] an infraction.
\n3296 (3) (a) A motor vehicle equipped by a manufacturer with air pollution control devices
\n3297 shall maintain the devices in good working order and in constant operation.
\n3298 (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
\n3299 may be substituted for the manufacturer’s original device if the substituted device is at least as
\n3300 effective in the reduction of emissions from the vehicle motor as the air pollution control
\n3301 device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
\n3302 class.
\n3303 (c) A person who renders inoperable an air pollution control device on a motor vehicle
\n3304 is guilty of a class [B] C misdemeanor.
\n3305 (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
\n3306 fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
\n3307 motor vehicle are at levels that comply with existing state or federal standards for the emission
\n3308 of pollutants from a motor vehicle of the same class.
\n3309 (5) A violation of this section is an infraction, except that a violation of Subsection (3)
\n3310 is a class C misdemeanor.
\n3311 Section 119. Section 41-6a-1627 is amended to read:
\n3312 41-6a-1627. Mirrors.
\n3313 (1) (a) A motor vehicle shall be equipped with a mirror mounted on the left side of the
\n3314 vehicle.
\n3315 (b) A mirror under Subsection (1)(a) shall be located to reflect to the driver a view of
\n3316 the highway to the rear of the vehicle.
\n3317 (2) (a) Except for a motorcycle, in addition to the mirror required under Subsection (1),
\n3318 a motor vehicle shall be equipped with a mirror mounted either inside the vehicle
\n3319 approximately in the center or outside the vehicle on the right side.
\n3320 (b) The mirror under Subsection (2)(a) shall be located to reflect to the driver a view of
\n3321 the highway to the rear of the vehicle.
\n3322 (3) A violation of this section is an infraction.
\n3323 Section 120. Section 41-6a-1628 is amended to read:
\n3324 41-6a-1628. Seat belts — Design and installation — Specifications or requirements.
\n3325 (1) A safety belt installed in a vehicle to accommodate an adult person shall be
\n3326 designed and installed to prevent or materially reduce the movement of the person using the
\n3327 safety belt in the event of collision or upset of the vehicle.
\n3328 (2) A person may not sell, offer, or keep for sale a safety belt or attachments for use in
\n3329 a vehicle that does not comply with the specifications under Section 41-6a-1601.
\n3330 (3) A violation of this section is an infraction.
\n3331 Section 121. Section 41-6a-1630 is amended to read:
\n3332 41-6a-1630. Standards applicable to vehicles.
\n3333 (1) The following standards apply to vehicles under Sections 41-6a-1629 through
\n3334 41-6a-1633:
\n3335 (a) A replacement part and equipment used in a mechanical alteration shall be:
\n3336 (i) designed and capable of performing the function for which they are intended; and
\n3337 (ii) equal to or greater in strength and durability than the original parts provided by the
\n3338 original manufacturer.
\n3339 (b) Except for original equipment, a person may not use spacers to increase wheel track
\n3340 width of a vehicle.
\n3341 (c) A person may not use axle blocks to alter the suspension on the front axle of a
\n3342 vehicle.
\n3343 (d) A person may not stack two or more axle blocks of a vehicle.
\n3344 (2) (a) In doubtful or unusual cases, or to meet specific industrial requirements,
\n3345 personnel of the Utah Highway Patrol shall inspect the vehicle to determine:
\n3346 (i) the road worthiness and safe condition of the vehicle; and
\n3347 (ii) whether it complies with Sections 41-6a-1629 through 41-6a-1633.
\n3348 (b) If the vehicle complies, the Utah Highway Patrol shall issue a permit of approval
\n3349 that shall be carried in the vehicle.
\n3350 (3) (a) Upon notice to the party to whom the motor vehicle is registered, the
\n3351 department shall suspend the registration of any motor vehicle equipped, altered, or modified in
\n3352 violation of Sections 41-6a-1629 through 41-6a-1633.
\n3353 (b) The Motor Vehicle Division shall, under Subsection 41-1a-109(1)(e) or (2), refuse
\n3354 to register any motor vehicle it has reason to believe is equipped, altered, or modified in
\n3355 violation of Sections 41-6a-1629 through 41-6a-1633.
\n3356 (4) A violation of this section is a class C misdemeanor.
\n3357 Section 122. Section 41-6a-1631 is amended to read:
\n3358 41-6a-1631. Prohibitions.
\n3359 (1) A person may not operate on a highway a motor vehicle that is mechanically altered
\n3360 or changed:
\n3361 (a) in any way that may under normal operation:
\n3362 (i) cause the motor vehicle body or chassis to come in contact with the roadway;
\n3363 (ii) expose the fuel tank to damage from collision; or
\n3364 (iii) cause the wheels to come in contact with the body;
\n3365 (b) in any manner that may impair the safe operation of the vehicle;
\n3366 (c) so that any part of the vehicle other than tires, rims, and mudguards are less than
\n3367 three inches above the ground;
\n3368 (d) to a frame height of more than 24 inches for a motor vehicle with a gross vehicle
\n3369 weight rating of less than 4,500 pounds;
\n3370 (e) to a frame height of more than 26 inches for a motor vehicle with a gross vehicle
\n3371 weight rating of at least 4,500 pounds and less than 7,500 pounds;
\n3372 (f) to a frame height of more than 28 inches for a motor vehicle with a gross vehicle
\n3373 weight rating of at least 7,500 pounds;
\n3374 (g) by stacking or attaching vehicle frames (one from on top of or beneath another
\n3375 frame); or
\n3376 (h) so that the lowest portion of the body floor is raised more than three inches above
\n3377 the top of the frame.
\n3378 (2) If the wheel track is increased beyond the O.E.M. specification, the top 50% of the
\n3379 tires shall be covered by the original fenders, by rubber, or other flexible fender extenders
\n3380 under any loading condition.
\n3381 (3) A violation of this section is a class C misdemeanor.
\n3382 Section 123. Section 41-6a-1632 is amended to read:
\n3383 41-6a-1632. Bumpers.
\n3384 (1) A motor vehicle shall be equipped with a bumper on both front and rear of the
\n3385 motor vehicle, except a motor vehicle that was not originally designed or manufactured with a
\n3386 bumper or bumpers.
\n3387 (2) (a) On a motor vehicle required to have bumpers under Subsection (1), a bumper
\n3388 shall be:
\n3389 (i) at least 4.5 inches in vertical height;
\n3390 (ii) centered on the vehicle’s center line; and
\n3391 (iii) extend no less than the width of the respective wheel track distance.
\n3392 (b) A bumper shall be securely mounted, horizontal load bearing, and attached to the
\n3393 motor vehicle’s frame to effectively transfer impact when engaged.
\n3394 (3) If a motor vehicle is originally or later equipped with a bumper, the bumper shall:
\n3395 (a) be maintained in operational condition; and
\n3396 (b) comply with this section.
\n3397 (4) A violation of this section is an infraction.
\n3398 Section 124. Section 41-6a-1633 is amended to read:
\n3399 41-6a-1633. Mudguards or flaps at rear wheels of trucks, trailers, truck tractors,
\n3400 or altered motor vehicles — Exemptions.
\n3401 (1) (a) Except as provided in Subsection (2), when operated on a highway, the
\n3402 following vehicles shall be equipped with wheel covers, mudguards, flaps, or splash aprons
\n3403 behind the rearmost wheels to prevent, as far as practicable, the wheels from throwing dirt,
\n3404 water, or other materials on other vehicles:
\n3405 (i) a vehicle that has been altered:
\n3406 (A) from the original manufacturer’s frame height; or
\n3407 (B) in any other manner so that the motor vehicle’s wheels may throw dirt, water, or
\n3408 other materials on other vehicles;
\n3409 (ii) any truck with a gross vehicle weight rating of 10,500 pounds or more;
\n3410 (iii) any truck tractor; and
\n3411 (iv) any trailer or semitrailer with an unladen weight of 750 pounds or more.
\n3412 (b) The wheel covers, mudguards, flaps, or splash aprons shall:
\n3413 (i) be at least as wide as the tires they are protecting;
\n3414 (ii) be directly in line with the tires; and
\n3415 (iii) have a ground clearance of not more than 50% of the diameter of a rear-axle
\n3416 wheel, under any conditions of loading of the motor vehicle.
\n3417 (2) Wheel covers, mudguards, flaps, or splash aprons are not required:
\n3418 (a) if the motor vehicle, trailer, or semitrailer is designed and constructed so that the
\n3419 requirements of Subsection (1) are accomplished by means of fenders, body construction, or
\n3420 other means of enclosure; or
\n3421 (b) on a vehicle operated or driven during fair weather on well-maintained,
\n3422 hard-surfaced roads if the motor vehicle:
\n3423 (i) was made in America prior to 1935;
\n3424 (ii) is registered as a vintage vehicle; or
\n3425 (iii) is a custom vehicle as defined under Section 41-6a-1507.
\n3426 (3) Except as provided in Subsection (2)(b), rear wheels not covered at the top by
\n3427 fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means
\n3428 extending rearward at least to the center line of the rearmost axle.
\n3429 (4) A violation of this section is an infraction.
\n3430 Section 125. Section 41-6a-1634 is amended to read:
\n3431 41-6a-1634. Safety chains on towed vehicles required — Exceptions.
\n3432 (1) A towed vehicle shall be coupled by means of a safety chain, cable or equivalent
\n3433 device, in addition to the regular trailer hitch or coupling.
\n3434 (2) Except as provided under Subsection (3), a safety chain, cable or equivalent device
\n3435 shall be:
\n3436 (a) securely connected with the chassis of the towing vehicle, the towed vehicle, and
\n3437 the drawbar;
\n3438 (b) of sufficient material and strength to prevent the two vehicles from becoming
\n3439 separated; and
\n3440 (c) attached to:
\n3441 (i) have no more slack than is necessary for proper turning;
\n3442 (ii) the trailer drawbar to prevent it from dropping to the ground; and
\n3443 (iii) assure the towed vehicle follows substantially in the course of the towing vehicle
\n3444 in case the vehicles become separated.
\n3445 (3) A violation of Subsection (1) or (2) is an infraction.
\n3446 [(3)] (4) The provisions of Subsection (2) do not apply to a:
\n3447 (a) semitrailer having a connecting device composed of a fifth wheel and king pin
\n3448 assembly;
\n3449 (b) pole trailer; or
\n3450 (c) trailer being towed by a bicycle.
\n3451 Section 126. Section 41-6a-1635 is amended to read:
\n3452 41-6a-1635. Windshields and windows — Tinting — Obstructions reducing
\n3453 visibility — Wipers — Prohibitions.
\n3454 (1) Except as provided in Subsections (2) and (3), a person may not operate a motor
\n3455 vehicle with:
\n3456 (a) a windshield that allows less than 70% light transmittance;
\n3457 (b) a front side window that allows less than 43% light transmittance;
\n3458 (c) any windshield or window that is composed of, covered by, or treated with any
\n3459 material or component that presents a metallic or mirrored appearance; or
\n3460 (d) any sign, poster, or other nontransparent material on the windshield or side
\n3461 windows of the motor vehicle except:
\n3462 (i) a certificate or other paper required to be so displayed by law; or
\n3463 (ii) the vehicle’s identification number displayed or etched in accordance with rules
\n3464 made by the department under Section 41-6a-1601.
\n3465 (2) Nontransparent materials may be used:
\n3466 (a) along the top edge of the windshield if the materials do not extend downward more
\n3467 than four inches from the top edge of the windshield or beyond the AS-1 line whichever is
\n3468 lowest;
\n3469 (b) in the lower left-hand corner of the windshield provided they do not extend more
\n3470 than three inches to the right of the left edge or more than four inches above the bottom edge of
\n3471 the windshield; or
\n3472 (c) on the rear windows including rear side windows located behind the vehicle
\n3473 operator.
\n3474 (3) A windshield or other window is considered to comply with the requirements of
\n3475 Subsection (1) if the windshield or other window meets the federal statutes and regulations for
\n3476 motor vehicle window composition, covering, light transmittance, and treatment.
\n3477 (4) Except for material used on the windshield in compliance with Subsections (2)(a)
\n3478 and (b), a motor vehicle with tinting or nontransparent material on any window shall be
\n3479 equipped with rear-view mirrors mounted on the left side and on the right side of the motor
\n3480 vehicle to reflect to the driver a view of the highway to the rear of the motor vehicle.
\n3481 (5) (a) (i) The windshield on a motor vehicle shall be equipped with a device for
\n3482 cleaning rain, snow, or other moisture from the windshield.
\n3483 (ii) The device shall be constructed to be operated by the operator of the motor vehicle.
\n3484 (b) A windshield wiper on a motor vehicle shall be maintained in good working order.
\n3485 (6) A person may not have for sale, sell, offer for sale, install, cover, or treat a
\n3486 windshield or window in violation of this section.
\n3487 (7) Notwithstanding this section, any person subject to the federal Motor Vehicle
\n3488 Safety Standards, including motor vehicle manufacturers, distributors, dealers, importers, and
\n3489 repair businesses, shall comply with the federal standards on motor vehicle window tinting.
\n3490 (8) A violation of this section is an infraction.
\n3491 Section 127. Section 41-6a-1636 is amended to read:
\n3492 41-6a-1636. Tires which are prohibited — Regulatory powers of state
\n3493 transportation department — Winter use of studs — Special permits — Tread depth.
\n3494 (1) A solid rubber tire on a vehicle shall have rubber on its entire traction surface at
\n3495 least one inch thick above the edge of the flange of the entire periphery.
\n3496 (2) A person may not operate or move on a highway a motor vehicle, trailer, or
\n3497 semitrailer having a metal tire in contact with the roadway.
\n3498 (3) Except as otherwise provided in this section, a person may not have a tire on a
\n3499 vehicle that is moved on a highway that has on the tire’s periphery a block, stud, flange, cleat,
\n3500 or spike or any other protuberances of any material other than rubber which projects beyond the
\n3501 tread of the traction surface of the tire.
\n3502 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
\n3503 Department of Transportation may make rules to permit the use of tires on a vehicle having
\n3504 protuberances other than rubber, if the department concludes that protuberances do not:
\n3505 (a) damage the highway significantly; or
\n3506 (b) constitute a hazard to life, health, or property.
\n3507 (5) Notwithstanding any other provision of this section, a person may use:
\n3508 (a) a tire with protuberances consisting of tungsten carbide studs on a vehicle if the
\n3509 studs:
\n3510 (i) are only used during the winter periods of October 15 through December 31 and
\n3511 January 1 through March 31 of each year;
\n3512 (ii) do not project beyond the tread of the traction surface of the tire more than .050
\n3513 inches; and
\n3514 (iii) are not used on a vehicle with a maximum gross weight in excess of 9,000 pounds
\n3515 unless the vehicle is an emergency vehicle or school bus;
\n3516 (b) farm machinery with tires having protuberances which will not injure the highway;
\n3517 and
\n3518 (c) tire chains of reasonable proportions on a vehicle when required for safety because
\n3519 of snow, ice, or other conditions tending to cause a vehicle to skid.
\n3520 (6) Notwithstanding any other provision of this chapter, a highway authority, for a
\n3521 highway under its jurisdiction, may issue special permits authorizing the operation on a
\n3522 highway of:
\n3523 (a) farm tractors;
\n3524 (b) other farm machinery; or
\n3525 (c) traction engines or tractors having movable tracks with transverse corrugations on
\n3526 the periphery of the movable tracks.
\n3527 (7) (a) A person may not operate a vehicle if one or more of the tires in use on the
\n3528 vehicle:
\n3529 (i) is in an unsafe operating condition; or
\n3530 (ii) has a tread depth less than 2\/32 inch measured in any two adjacent tread grooves at
\n3531 three equally spaced intervals around the circumference of the tire.
\n3532 (b) The measurement under Subsection (7)(a) may not be made at the location of any
\n3533 tread wear indicator, tie bar, hump, or fillet.
\n3534 (8) A person in the business of selling tires may not sell or offer for sale for highway
\n3535 use any tire prohibited for use under Subsection (7).
\n3536 (9) A violation of this section is an infraction.
\n3537 Section 128. Section 41-6a-1637 is amended to read:
\n3538 41-6a-1637. Flares, fusees, or electric lanterns and flags — Alternative reflector
\n3539 units — Duty to carry in trucks and buses — Requirements.
\n3540 (1) Except as provided under Subsection (2) and unless the vehicle is carrying the
\n3541 equipment required under this section, a person may not operate a truck, bus or truck-tractor, or
\n3542 a motor vehicle towing a house trailer:
\n3543 (a) on a highway outside an urban district; or
\n3544 (b) on a divided highway during hours of darkness specified under Section 41-6a-1603.
\n3545 (2) (a) The vehicle shall carry at least:
\n3546 (i) three flares;
\n3547 (ii) three red electric lanterns;
\n3548 (iii) three portable red emergency reflectors; or
\n3549 (iv) three red-burning fusees.
\n3550 (b) The equipment required under Subsections (2)(a)(i) and (ii) shall be capable of
\n3551 being seen and distinguished at a distance of not less than 600 feet under normal atmospheric
\n3552 conditions during the hours of darkness.
\n3553 (c) The equipment required under Subsection (2)(a)(iii) shall be capable of reflecting
\n3554 red light clearly visible from a distance of not less than 600 feet under normal atmospheric
\n3555 conditions during the hours of darkness when directly in front of lawful lower beams of head
\n3556 lamps.
\n3557 (3) A flare, fusee, electric lantern, warning flag, or portable reflector used under this
\n3558 section or Section 41-6a-1638 shall comply with specifications adopted under Section
\n3559 41-6a-1601.
\n3560 (4) (a) A person may not operate a motor vehicle used for the transportation of
\n3561 explosives or any cargo tank truck used for the transportation of flammable liquids or
\n3562 compressed gases under the conditions specified under Subsections (1)(a) and (b) unless there
\n3563 is carried in the vehicle:
\n3564 (i) three red electric lanterns; or
\n3565 (ii) three portable red emergency reflectors.
\n3566 (b) A person operating a vehicle specified under Subsection (4)(a) or a vehicle using
\n3567 compressed gas as a motor fuel may not carry in the vehicle a flare, fusee, or signal produced
\n3568 by flame.
\n3569 (5) A person may not operate a vehicle described under this section on a highway
\n3570 outside of an urban district or on a divided highway during daylight hours unless at least two
\n3571 red flags, not less than 12 inches square, with standards to support the flags are carried in the
\n3572 vehicle.
\n3573 (6) A violation of this section is an infraction.
\n3574 Section 129. Section 41-6a-1638 is amended to read:
\n3575 41-6a-1638. Warning signal around disabled vehicle — Time and place.
\n3576 (1) (a) When a truck, bus, truck-tractor, trailer, semitrailer, or pole trailer 80 inches or
\n3577 more in over-all width or 30 feet or more in over-all length is stopped on a roadway or adjacent
\n3578 shoulder, the operator shall immediately actuate vehicular hazard warning signal lamps
\n3579 meeting the requirements of Section 41-6a-1611.
\n3580 (b) The signal lights need not be displayed by a vehicle:
\n3581 (i) parked lawfully in an urban district;
\n3582 (ii) stopped lawfully to receive or discharge passengers;
\n3583 (iii) stopped to avoid conflict with other traffic or to comply with the directions of a
\n3584 peace officer or an official traffic-control device; or
\n3585 (iv) while the devices specified in Subsections (2) through (6) are in place.
\n3586 (2) (a) Except as provided in Subsection (3), if a vehicle of a type specified under
\n3587 Subsection (1) is disabled or stopped for more than 10 minutes on a roadway outside of an
\n3588 urban district under the conditions specified under Subsection 41-6a-1603(1), the operator of
\n3589 the vehicle shall display the following warning devices:
\n3590 (i) a lighted fusee, a lighted red electric lantern, or a portable red emergency reflector
\n3591 shall immediately be placed at the traffic side of the vehicle in the direction of the nearest
\n3592 approaching traffic; and
\n3593 (ii) as soon as possible after placing the warning devices under Subsection (2)(a)(i) but
\n3594 within the burning period of the fusee (15 minutes), the driver shall place three liquid-burning
\n3595 flares (pot torches), or three lighted red electric lanterns, or three portable red emergency
\n3596 reflectors on the roadway in the following order:
\n3597 (A) one approximately 100 feet from the disabled vehicle in the center of the lane
\n3598 occupied by the vehicle and toward traffic approaching in that lane;
\n3599 (B) one approximately 100 feet in the opposite direction from the disabled vehicle and
\n3600 in the center of the traffic lane occupied by the vehicle; and
\n3601 (C) one at the traffic side of the disabled vehicle not less than 10 feet rearward or
\n3602 forward of the disabled vehicle in the direction of the nearest approaching traffic.
\n3603 (b) If a lighted red electric lantern or a red portable emergency reflector has been
\n3604 placed at the traffic side of the vehicle in accordance with Subsection (2)(a)(ii)(A), a rearward
\n3605 lantern or reflector under Subsection (2)(a)(ii)(C) is not required.
\n3606 (3) If a vehicle specified under this section is disabled, or stopped for more than 10
\n3607 minutes:
\n3608 (a) within 500 feet of a curve, hillcrest, or other obstruction to view, the warning
\n3609 device in that direction shall be placed to afford ample warning to other users of the highway,
\n3610 but in no case less than 100 feet or more than 500 feet from the disabled vehicle;
\n3611 (b) on a roadway of a divided highway under the conditions specified under Subsection
\n3612 41-6a-1603(1), the appropriate warning devices required under Subsections (2) and (4) shall be
\n3613 placed as follows:
\n3614 (i) one at a distance of approximately 200 feet from the vehicle in the center of the lane
\n3615 occupied by the stopped vehicle and in the direction of traffic approaching in that lane;
\n3616 (ii) one at a distance of approximately 100 feet from the vehicle, in the center of the
\n3617 lane occupied by the vehicle and in the direction of traffic approaching in that lane; and
\n3618 (iii) one at the traffic side of the vehicle and approximately 10 feet from the vehicle in
\n3619 the direction of the nearest approaching traffic; or
\n3620 (c) on a roadway outside of an urban district or on the roadway of a divided highway
\n3621 not under the conditions specified under Subsection 41-6a-1603(1), the driver of the vehicle
\n3622 shall display two red flags as follows:
\n3623 (i) if traffic on the roadway moves in two directions, one flag shall be placed
\n3624 approximately 100 feet to the rear and one flag approximately 100 feet in advance of the
\n3625 vehicle in the center of the lane occupied by the vehicle; or
\n3626 (ii) on a one-way roadway, one flag shall be placed approximately 100 feet and one flag
\n3627 approximately 200 feet to the rear of the vehicle in the center of the lane occupied by the
\n3628 vehicle.
\n3629 (4) When a motor vehicle used in the transportation of explosives or any cargo tank
\n3630 truck used for the transportation of any flammable liquid or compressed gas is disabled, or
\n3631 stopped for more than 10 minutes, at any time and place specified under Subsection (2) or (3),
\n3632 the operator of the vehicle shall immediately display red electric lanterns or portable red
\n3633 emergency reflectors in the same number and manner as specified in Subsection (2) or (3).
\n3634 (5) The warning devices specified under Subsections (2) through (4) are not required to
\n3635 be displayed where there is sufficient light to reveal persons and vehicles within a distance of
\n3636 1,000 feet.
\n3637 (6) If a vehicle described under this section is stopped entirely off the roadway and on
\n3638 an adjacent shoulder, the warning devices shall be placed, as nearly as practicable, on the
\n3639 shoulder near the edge of the roadway.
\n3640 (7) A violation of this section is an infraction.
\n3641 Section 130. Section 41-6a-1639 is amended to read:
\n3642 41-6a-1639. Hazardous materials — Transportation regulations — Fire
\n3643 extinguishers.
\n3644 (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
\n3645 the Department of Transportation shall make rules for the safe transportation of hazardous
\n3646 materials.
\n3647 (b) The rules shall adopt by reference or be consistent with current Hazardous
\n3648 Materials Regulations of the United States Department of Transportation.
\n3649 (c) An adoption by reference under Subsection (1)(b) shall be construed to incorporate
\n3650 amendments thereto as may be made from time to time.
\n3651 (2) A person operating a vehicle transporting any hazardous material as a cargo or part
\n3652 of a cargo on a highway shall at all times comply with rules made by the Department of
\n3653 Transportation under this section including being:
\n3654 (a) marked or placarded; and
\n3655 (b) equipped with fire extinguishers:
\n3656 (i) of a type, size, and number approved by rule; and
\n3657 (ii) that are filled, ready for immediate use, and placed at a convenient point on the
\n3658 vehicle.
\n3659 (c) A violation of Subsection (2)(a) or (b) is an infraction.
\n3660 Section 131. Section 41-6a-1641 is amended to read:
\n3661 41-6a-1641. Video display in motor vehicles prohibited if visible to driver —
\n3662 Exceptions.
\n3663 (1) A motor vehicle may not be operated on a highway if the motor vehicle is equipped
\n3664 with a video display located so that the display is visible to the operator of the vehicle.
\n3665 (2) This section does not prohibit the use of a video display used exclusively for:
\n3666 (a) safety or law enforcement purposes if the use is approved by rule of the department
\n3667 under Section 41-6a-1601;
\n3668 (b) motor vehicle navigation; or
\n3669 (c) monitoring of equipment and operating systems of the motor vehicle.
\n3670 (3) A violation of this section is an infraction.
\n3671 Section 132. Section 41-6a-1713 is amended to read:
\n3672 41-6a-1713. Penalty for littering on a highway.
\n3673 (1) A person who violates any of the provisions of Section 41-6a-1712 is guilty of [a
\n3674 class C misdemeanor] an infraction and shall be fined:
\n3675 (a) not less than $200 for a violation; or
\n3676 (b) not less than $500 for a second or subsequent violation within three years of a
\n3677 previous violation of this section.
\n3678 (2) The sentencing judge may require that the offender devote at least eight hours in
\n3679 cleaning up:
\n3680 (a) litter caused by the offender; and
\n3681 (b) existing litter from a safe area designated by the sentencing judge.
\n3682 Section 133. Section 41-8-1 is amended to read:
\n3683 41-8-1. Operation of vehicle by persons under 16 prohibited — Exceptions for
\n3684 off-highway vehicles and off-highway implements of husbandry.
\n3685 (1) A person under 16 years of age, whether resident or nonresident of this state, may
\n3686 not operate a motor vehicle upon any highway of this state.
\n3687 (2) This section does not apply to a person operating:
\n3688 (a) a motor vehicle under a permit issued under Section 53-3-210.5;
\n3689 (b) an off-highway vehicle registered under Section 41-22-3 either:
\n3690 (i) on a highway designated as open for off-highway vehicle use; or
\n3691 (ii) in the manner prescribed by Subsections 41-22-10.3(1) through (3); or
\n3692 (c) an off-highway implement of husbandry in the manner prescribed by Subsections
\n3693 41-22-5.5(3) through (5).
\n3694 (3) A violation of this section is an infraction.
\n3695 Section 134. Section 41-8-2 is amended to read:
\n3696 41-8-2. Operation of vehicle by persons under 17 during night hours prohibited
\n3697 — Exceptions.
\n3698 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
\n3699 person younger than 17 years of age, whether resident or nonresident of this state, may not
\n3700 operate a motor vehicle upon any highway of this state between the hours of 12:00 a.m. and
\n3701 5:00 a.m.
\n3702 (2) It is an affirmative defense to a charge under Subsection (1) that the person is
\n3703 operating a motor vehicle:
\n3704 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
\n3705 next to the driver;
\n3706 (b) for the driver’s employment, including the trip to and from the driver’s residence
\n3707 and the driver’s employment;
\n3708 (c) directly to the driver’s residence from a school-sponsored activity if:
\n3709 (i) transportation to the activity is provided by a school or school district; and
\n3710 (ii) the transportation under Subsection (2)(c)(i) commences from and returns to the
\n3711 school property where the driver is enrolled;
\n3712 (d) on assignment of a farmer or rancher and the driver is engaged in an agricultural
\n3713 operation; or
\n3714 (e) in an emergency.
\n3715 (3) (a) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
\n3716 License Act, a violation of this section is [a class C misdemeanor] an infraction.
\n3717 (b) A peace officer may not seize or impound a vehicle if:
\n3718 (i) the operator of the vehicle is cited for a violation of this section; and
\n3719 (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101,
\n3720 41-6a-1405, 41-6a-1608, or 73-18-20.1 or required under Section 41-6a-527.
\n3721 Section 135. Section 41-8-3 is amended to read:
\n3722 41-8-3. Operation of vehicle by persons under 16 and six months — Passenger
\n3723 limitations — Exceptions — Penalties.
\n3724 (1) In addition to the provisions of Title 53, Chapter 3, Uniform Driver License Act, a
\n3725 person, whether resident or nonresident of this state, may not operate a motor vehicle upon any
\n3726 highway of this state with any passenger who is not an immediate family member of the driver
\n3727 until the earlier of:
\n3728 (a) six months from the date the person’s driver license was issued; or
\n3729 (b) the person reaches 18 years of age.
\n3730 (2) It is an affirmative defense to a charge under Subsection (1) that the person is
\n3731 operating a motor vehicle:
\n3732 (a) accompanied by a licensed driver at least 21 years of age who is occupying a seat
\n3733 next to the driver;
\n3734 (b) on assignment of a farmer or rancher and the driver is engaged in an agricultural
\n3735 operation; or
\n3736 (c) in an emergency.
\n3737 (3) In addition to any penalties imposed under Title 53, Chapter 3, Uniform Driver
\n3738 License Act, a violation of this section is [a class C misdemeanor] an infraction.
\n3739 (4) (a) Enforcement of this section by state or local law enforcement officers shall be
\n3740 only as a secondary action when an operator of a motor vehicle has been detained for a
\n3741 suspected violation of Title 41, other than this section, or for another offense.
\n3742 (b) A peace officer may not seize or impound a vehicle if:
\n3743 (i) the operator of the vehicle is cited for a violation of this section; and
\n3744 (ii) the seizure or impoundment is not otherwise authorized under Section 41-1a-1101,
\n3745 41-6a-1405, 41-6a-1608, or 73-18-20.1 or required under Section 41-6a-527.
\n3746 Section 136. Section 41-12a-302 is amended to read:
\n3747 41-12a-302. Operating motor vehicle without owner’s or operator’s security —
\n3748 Penalty.
\n3749 (1) (a) Except as provided in Subsection (1)(b), an owner of a motor vehicle on which
\n3750 owner’s or operator’s security is required under Section 41-12a-301, who operates the owner’s
\n3751 vehicle or permits it to be operated on a highway in this state without owner’s security being in
\n3752 effect is guilty of a class [B] C misdemeanor, and the fine shall be not less than:
\n3753 (i) $400 for a first offense; and
\n3754 (ii) $1,000 for a second and subsequent offense within three years of a previous
\n3755 conviction or bail forfeiture.
\n3756 (b) A court may waive up to $300 of the fine charged to the owner of a motor vehicle
\n3757 under Subsection (1)(a)(i) if the owner demonstrates that owner’s or operator’s security required
\n3758 under Section 41-12a-301 was obtained subsequent to the violation but before sentencing.
\n3759 (2) (a) Except as provided under Subsection (2)(b), any other person who operates a
\n3760 motor vehicle upon a highway in Utah with the knowledge that the owner does not have
\n3761 owner’s security in effect for the motor vehicle is also guilty of a class [B] C misdemeanor, and
\n3762 the fine shall be not less than:
\n3763 (i) $400 for a first offense; and
\n3764 (ii) $1,000 for a second and subsequent offense within three years of a previous
\n3765 conviction or bail forfeiture.
\n3766 (b) A person that has in effect owner’s security on a Utah-registered motor vehicle or
\n3767 its equivalent that covers the operation, by the person, of the motor vehicle in question is
\n3768 exempt from this Subsection (2).
\n3769 Section 137. Section 41-12a-303.2 is amended to read:
\n3770 41-12a-303.2. Evidence of owner’s or operator’s security to be carried when
\n3771 operating motor vehicle — Defense — Penalties.
\n3772 (1) As used in this section:
\n3773 (a) “Division” means the Motor Vehicle Division of the State Tax Commission.
\n3774 (b) “Registration materials” means the evidences of motor vehicle registration,
\n3775 including all registration cards, license plates, temporary permits, and nonresident temporary
\n3776 permits.
\n3777 (2) (a) (i) A person operating a motor vehicle shall:
\n3778 (A) have in the person’s immediate possession evidence of owner’s or operator’s
\n3779 security for the motor vehicle the person is operating; and
\n3780 (B) display it upon demand of a peace officer.
\n3781 (ii) A person is exempt from the requirements of Subsection (2)(a)(i) if the person is
\n3782 operating:
\n3783 (A) a government-owned or leased motor vehicle; or
\n3784 (B) an employer-owned or leased motor vehicle and is driving it with the employer’s
\n3785 permission.
\n3786 (b) Evidence of owner’s or operator’s security includes any one of the following:
\n3787 (i) a copy of the operator’s valid:
\n3788 (A) insurance policy;
\n3789 (B) insurance policy declaration page;
\n3790 (C) binder notice;
\n3791 (D) renewal notice; or
\n3792 (E) card issued by an insurance company as evidence of insurance;
\n3793 (ii) a certificate of insurance issued under Section 41-12a-402;
\n3794 (iii) a certified copy of a surety bond issued under Section 41-12a-405;
\n3795 (iv) a certificate of the state treasurer issued under Section 41-12a-406;
\n3796 (v) a certificate of self-funded coverage issued under Section 41-12a-407; or
\n3797 (vi) information that the vehicle or driver is insured from the Uninsured Motorist
\n3798 Identification Database Program created under Title 41, Chapter 12a, Part 8.
\n3799 (c) A card issued by an insurance company as evidence of owner’s or operator’s
\n3800 security under Subsection (2)(b)(i)(E) on or after July 1, 2014, may not display the owner’s or
\n3801 operator’s address on the card.
\n3802 (d) (i) A person may provide to a peace officer evidence of owner’s or operator’s
\n3803 security described in this Subsection (2) in:
\n3804 (A) a hard copy format; or
\n3805 (B) an electronic format using a mobile electronic device.
\n3806 (ii) If a person provides evidence of owner’s or operator’s security in an electronic
\n3807 format using a mobile electronic device under this Subsection (2)(d), the peace officer viewing
\n3808 the owner’s or operator’s security on the mobile electronic device may not view any other
\n3809 content on the mobile electronic device.
\n3810 (iii) Notwithstanding any other provision under this section, a peace officer is not
\n3811 subject to civil liability or criminal penalties under this section if the peace officer inadvertently
\n3812 views content other than the evidence of owner’s or operator’s security on the mobile electronic
\n3813 device.
\n3814 (e) (i) Evidence of owner’s or operator’s security from the Uninsured Motorist
\n3815 Identification Database Program described under Subsection (2)(b)(vi) supercedes any
\n3816 evidence of owner’s or operator’s security described under Subsection (2)(b)(i)(D) or (E).
\n3817 (ii) A peace officer may not cite or arrest a person for a violation of Subsection (2)(a) if
\n3818 the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a,
\n3819 Part 8, information indicates that the vehicle or driver is insured.
\n3820 (3) It is an affirmative defense to a charge under this section that the person had
\n3821 owner’s or operator’s security in effect for the vehicle the person was operating at the time of
\n3822 the person’s citation or arrest.
\n3823 (4) (a) Evidence of owner’s or operator’s security as defined under Subsection (2)(b) or
\n3824 a written statement from an insurance producer or company verifying that the person had the
\n3825 required motor vehicle insurance coverage on the date specified is considered proof of owner’s
\n3826 or operator’s security for purposes of Subsection (3) and Section 41-12a-804.
\n3827 (b) The court considering a citation issued under this section shall allow the evidence
\n3828 or a written statement under Subsection (4)(a) and a copy of the citation to be faxed or mailed
\n3829 to the clerk of the court to satisfy Subsection (3).
\n3830 (c) The notice under Section 41-12a-804 shall specify that the written statement under
\n3831 Subsection (4)(a) and a copy of the notice shall be faxed or mailed to the designated agent to
\n3832 satisfy the proof of owner’s or operator’s security required under Section 41-12a-804.
\n3833 (5) A violation of this section is a class [B] C misdemeanor, and the fine shall be not
\n3834 less than:
\n3835 (a) $400 for a first offense; and
\n3836 (b) $1,000 for a second and subsequent offense within three years of a previous
\n3837 conviction or bail forfeiture.
\n3838 (6) Upon receiving notification from a court of a conviction for a violation of this
\n3839 section, the department:
\n3840 (a) shall suspend the person’s driver license; and
\n3841 (b) may not renew the person’s driver license or issue a driver license to the person
\n3842 until the person gives the department proof of owner’s or operator’s security.
\n3843 (i) This proof of owner’s or operator’s security shall be given by any of the ways
\n3844 required under Section 41-12a-401.
\n3845 (ii) This proof of owner’s or operator’s security shall be maintained with the department
\n3846 for a three-year period.
\n3847 (iii) An insurer that provides a certificate of insurance as provided under Section
\n3848 41-12a-402 or 41-12a-403 may not terminate the insurance policy unless notice of termination
\n3849 is filed with the department no later than 10 days after termination as required under Section
\n3850 41-12a-404.
\n3851 (iv) If a person who has canceled the certificate of insurance applies for a license
\n3852 within three years from the date proof of owner’s or operator’s security was originally required,
\n3853 the department shall refuse the application unless the person reestablishes proof of owner’s or
\n3854 operator’s security and maintains the proof for the remainder of the three-year period.
\n3855 Section 138. Section 41-22-3 is amended to read:
\n3856 41-22-3. Registration of vehicles — Application — Issuance of sticker and card —
\n3857 Proof of property tax payment — Records.
\n3858 (1) (a) Unless exempted under Section 41-22-9, a person may not operate or transport
\n3859 and an owner may not give another person permission to operate or transport any off-highway
\n3860 vehicle on any public land, trail, street, or highway in this state unless the off-highway vehicle
\n3861 is registered under this chapter for the current year.
\n3862 (b) Unless exempted under Section 41-22-9, a dealer may not sell an off-highway
\n3863 vehicle which can be used or transported on any public land, trail, street, or highway in this
\n3864 state, unless the off-highway vehicle is registered or is in the process of being registered under
\n3865 this chapter for the current year.
\n3866 (2) The owner of an off-highway vehicle subject to registration under this chapter shall
\n3867 apply to the Motor Vehicle Division for registration on forms approved by the Motor Vehicle
\n3868 Division.
\n3869 (3) Each application for registration of an off-highway vehicle shall be accompanied
\n3870 by:
\n3871 (a) evidence of ownership, a title, or a manufacturer’s certificate of origin, and a bill of
\n3872 sale showing ownership, make, model, horsepower or displacement, and serial number;
\n3873 (b) the past registration card; or
\n3874 (c) the fee for a duplicate.
\n3875 (4) (a) Upon each annual registration, the Motor Vehicle Division shall issue a
\n3876 registration sticker and a registration card for each off-highway vehicle registered.
\n3877 (b) The registration sticker shall:
\n3878 (i) contain a unique number using numbers, letters, or combination of numbers and
\n3879 letters to identify the off-highway vehicle for which it is issued;
\n3880 (ii) be affixed to the off-highway vehicle for which it is issued in a plainly visible
\n3881 position as prescribed by rule of the board under Section 41-22-5.1; and
\n3882 (iii) be maintained free of foreign materials and in a condition to be clearly legible.
\n3883 (c) At all times, a registration card shall be kept with the off-highway vehicle and shall
\n3884 be available for inspection by a law enforcement officer.
\n3885 (5) (a) Except as provided by Subsection (5)(c), an applicant for a registration card and
\n3886 registration sticker shall provide the Motor Vehicle Division a certificate, described under
\n3887 Subsection (5)(b), from the county assessor of the county in which the off-highway vehicle has
\n3888 situs for taxation.
\n3889 (b) The certificate required under Subsection (5)(a) shall state one of the following:
\n3890 (i) the property tax on the off-highway vehicle for the current year has been paid;
\n3891 (ii) in the county assessor’s opinion, the tax is a lien on real property sufficient to
\n3892 secure the payment of the tax; or
\n3893 (iii) the off-highway vehicle is exempt by law from payment of property tax for the
\n3894 current year.
\n3895 (c) An off-highway vehicle for which an off-highway implement of husbandry sticker
\n3896 has been issued in accordance with Section 41-22-5.5 is exempt from the requirement under
\n3897 this Subsection (5).
\n3898 (6) (a) All records of the division made or kept under this section shall be classified by
\n3899 the Motor Vehicle Division in the same manner as motor vehicle records are classified under
\n3900 Section 41-1a-116.
\n3901 (b) Division records are available for inspection in the same manner as motor vehicle
\n3902 records under Section 41-1a-116.
\n3903 (7) A violation of this section is an infraction.
\n3904 Section 139. Section 41-22-4 is amended to read:
\n3905 41-22-4. Falsification of documents unlawful — Alteration or removal of serial
\n3906 number unlawful — Display of sticker.
\n3907 (1) A person may not:
\n3908 [(1)] (a) knowingly falsify an application for registration, affidavit of ownership, or bill
\n3909 of sale for any off-highway vehicle;
\n3910 [(2)] (b) alter, deface, or remove any manufacturer’s serial number on any off-highway
\n3911 vehicle;
\n3912 [(3)] (c) use or permit the use or display of any registration sticker, registration card, or
\n3913 permit upon an off-highway vehicle or in the operation of any off-highway vehicle other than
\n3914 the vehicle for which it was issued; or
\n3915 [(4)] (d) alter or deface a registration sticker, registration card, or permit issued to an
\n3916 off-highway vehicle.
\n3917 (2) A violation of this section is a class C misdemeanor.
\n3918 Section 140. Section 41-22-5.5 is amended to read:
\n3919 41-22-5.5. Off-highway husbandry vehicles.
\n3920 (1) (a) (i) The owner of an all-terrain type I vehicle, motorcycle, all-terrain type II
\n3921 vehicle, or snowmobile used for agricultural purposes may apply to the Motor Vehicle Division
\n3922 for an off-highway implement of husbandry sticker.
\n3923 (ii) Each application under Subsection (1)(a)(i) shall be accompanied by:
\n3924 (A) evidence of ownership;
\n3925 (B) a title or a manufacturer’s certificate of origin; and
\n3926 (C) a signed statement certifying that the off-highway vehicle is used for agricultural
\n3927 purposes.
\n3928 (iii) The owner shall receive an off-highway implement of husbandry sticker upon
\n3929 production of:
\n3930 (A) the documents required under this Subsection (1); and
\n3931 (B) payment of an off-highway implement of husbandry sticker fee established by the
\n3932 board not to exceed $10.
\n3933 (b) If the vehicle is also used for recreational purposes on public lands, trails, streets, or
\n3934 highways, it shall also be registered under Section 41-22-3.
\n3935 (c) The off-highway implement of husbandry sticker shall be displayed in a manner
\n3936 prescribed by the board and shall identify the all-terrain type I vehicle, motorcycle, or
\n3937 snowmobile as an off-highway implement of husbandry.
\n3938 (2) The off-highway implement of husbandry sticker is valid only for the life of the
\n3939 ownership of the all-terrain type I vehicle, motorcycle, or snowmobile and is not transferable.
\n3940 (3) The off-highway implement of husbandry sticker is valid for an all-terrain type I
\n3941 vehicle, motorcycle, or snowmobile which is being operated adjacent to a roadway:
\n3942 (a) when the all-terrain type I vehicle, motorcycle, or snowmobile is only being used to
\n3943 travel from one parcel of land owned or operated by the owner of the vehicle to another parcel
\n3944 of land owned or operated by the owner; and
\n3945 (b) when this operation is necessary for the furtherance of agricultural purposes.
\n3946 (4) If the operation of an off-highway implement of husbandry adjacent to a roadway is
\n3947 impractical, it may be operated on the roadway if the operator exercises due care towards
\n3948 conventional motor vehicle traffic.
\n3949 (5) It is unlawful to operate an off-highway implement of husbandry along, across, or
\n3950 within the boundaries of an interstate freeway.
\n3951 (6) A violation of this section is an infraction.
\n3952 Section 141. Section 41-22-10.1 is amended to read:
\n3953 41-22-10.1. Vehicles operated on posted public land.
\n3954 (1) Currently registered off-highway vehicles may be operated on public land, trails,
\n3955 streets, or highways that are posted by sign or designated by map or description as open to
\n3956 off-highway vehicle use by the controlling federal, state, county, or municipal agency.
\n3957 (2) The controlling federal, state, county, or municipal agency may:
\n3958 (a) provide a map or description showing or describing land, trails, streets, or highways
\n3959 open to off-highway vehicle use; or
\n3960 (b) post signs designating lands, trails, streets, or highways open to off-highway
\n3961 vehicle use.
\n3962 (3) Liability may not be imposed on any federal, state, county, or municipality relating
\n3963 to the designation or maintenance of any land, trail, street, or highway open for off-highway
\n3964 vehicle use.
\n3965 (4) A violation of this section is an infraction.
\n3966 Section 142. Section 41-22-10.2 is amended to read:
\n3967 41-22-10.2. Off-highway vehicles — Prohibited on interstate freeway.
\n3968 (1) It is unlawful for an off-highway vehicle to operate along, across, or within the
\n3969 boundaries of an interstate freeway or controlled access highway, as defined in Section
\n3970 41-6a-102.
\n3971 (2) A violation of this section is an infraction.
\n3972 Section 143. Section 41-22-10.3 is amended to read:
\n3973 41-22-10.3. Operation of vehicles on highways — Limits.
\n3974 A person may not operate an off-highway vehicle upon any street or highway, not
\n3975 designated as open to off-highway vehicle use, except:
\n3976 (1) when crossing a street or highway and the operator comes to a complete stop before
\n3977 crossing, proceeds only after yielding the right of way to oncoming traffic, and crosses at a
\n3978 right angle;
\n3979 (2) when loading or unloading an off-highway vehicle from a vehicle or trailer, which
\n3980 shall be done with due regard for safety, and at the nearest practical point of operation;
\n3981 (3) when an emergency exists, during any period of time and at those locations when
\n3982 the operation of conventional motor vehicles is impractical or when the operation is directed by
\n3983 a peace officer or other public authority; or
\n3984 (4) when operating a street-legal all-terrain vehicle on a highway in accordance with
\n3985 Section 41-6a-1509.
\n3986 (5) A violation of this section is an infraction.
\n3987 Section 144. Section 41-22-10.7 is amended to read:
\n3988 41-22-10.7. Vehicle equipment requirements — Rulemaking — Exceptions.
\n3989 (1) Except as provided under Subsection (3), an off-highway vehicle shall be equipped
\n3990 with:
\n3991 (a) brakes adequate to control the movement of and to stop and hold the vehicle under
\n3992 normal operating conditions;
\n3993 (b) headlights and taillights when operated between sunset and sunrise;
\n3994 (c) a noise control device and except for a snowmobile, a spark arrestor device; and
\n3995 (d) when operated on sand dunes designated by the board, a safety flag that is:
\n3996 (i) red or orange in color;
\n3997 (ii) a minimum of six by 12 inches; and
\n3998 (iii) attached to:
\n3999 (A) the off-highway vehicle so that the safety flag is at least eight feet above the
\n4000 surface of level ground; or
\n4001 (B) the protective headgear of a person operating a motorcycle so that the safety flag is
\n4002 at least 18 inches above the top of the person’s head.
\n4003 (2) A violation of Subsection (1) is an infraction.
\n4004 [(2)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
\n4005 Act, the board may make rules which set standards for the equipment and which designate sand
\n4006 dunes where safety flags are required under Subsection (1).
\n4007 [(3)] (4) An off-highway implement of husbandry used only in agricultural operations
\n4008 and not operated on a highway, is exempt from the provisions of this section.
\n4009 Section 145. Section 41-22-11 is amended to read:
\n4010 41-22-11. Agencies authorized to erect regulatory signs on public land.
\n4011 (1) No person, except an agent of an appropriate federal, state, county, or city agency,
\n4012 operating within that agency’s authority, may place a regulatory sign governing off-highway
\n4013 vehicle use on any public land.
\n4014 (2) A violation of this section is an infraction.
\n4015 Section 146. Section 41-22-12 is amended to read:
\n4016 41-22-12. Restrictions on use of public lands.
\n4017 (1) Except as provided in Sections 79-4-203 and 79-4-304, federal agencies are
\n4018 encouraged and agencies of the state and its subdivisions shall pursue opportunities to open
\n4019 public land to responsible off-highway vehicle use and cross-country motor vehicle travel.
\n4020 (2) A person may not tear down, mutilate, deface, or destroy:
\n4021 (a) a sign, signboard, or other notice that prohibits or regulates the use of an
\n4022 off-highway vehicle on public land; or
\n4023 (b) a fence or other enclosure or a gate or bars belonging to the fence or other
\n4024 enclosure.
\n4025 (3) A violation of Subsection (2) is an infraction.
\n4026 Section 147. Section 41-22-12.1 is amended to read:
\n4027 41-22-12.1. Restrictions on use of snowmobile trails.
\n4028 (1) A person may not operate a wheeled vehicle with a gross vehicle weight of 800
\n4029 pounds or more on any snowmobile trail that the division has marked, posted, designated, or
\n4030 maintained as a snowmobile trail.
\n4031 (2) A violation of this section is an infraction.
\n4032 Section 148. Section 41-22-12.2 is amended to read:
\n4033 41-22-12.2. Unlawful cross-country motor vehicle travel on public land.
\n4034 (1) A person may not operate and an owner of a motor vehicle may not give another
\n4035 person permission to operate a motor vehicle cross-country on any public land not designated
\n4036 for that use by the controlling agency.
\n4037 (2) A person who violates this section is guilty of [a class C misdemeanor] an
\n4038 infraction.
\n4039 (3) As part of any sentence for a conviction of a violation of this section, the court:
\n4040 (a) may impose a fine not to exceed $150; and
\n4041 (b) may require the person to perform community service in the form of repairing any
\n4042 damage to the public land caused by the unlawful cross-country motor vehicle travel.
\n4043 Section 149. Section 41-22-12.5 is amended to read:
\n4044 41-22-12.5. Restrictions on use of privately-owned lands without permission —
\n4045 Unlawful for person to tamper with signs or fencing on privately-owned land.
\n4046 (1) (a) A person may not operate or accompany a person operating a motor vehicle on
\n4047 privately-owned land of any other person, firm, or corporation without permission from the
\n4048 owner or person in charge.
\n4049 (b) A person operating or accompanying a person operating a motor vehicle may not
\n4050 refuse to immediately leave private land upon request of the owner or person in charge of the
\n4051 land.
\n4052 (c) Subsections (1)(a) and (b) do not apply to prescriptive easements on privately
\n4053 owned land.
\n4054 (d) A person who violates Subsection (1)(a) [or (b) is guilty of a class C misdemeanor]
\n4055 is guilty of an infraction.
\n4056 (e) A person who violates Subsection (1)(b) is guilty of a class C misdemeanor.
\n4057 [(e)] (f) As part of any sentence for a conviction of a violation of Subsection (1)(a) or
\n4058 (b), the court may:
\n4059 (i) impose a fine of not more than $150;
\n4060 (ii) require the person to pay restitution not to exceed $500 for any damage caused by
\n4061 the unlawful motor vehicle travel; and
\n4062 (iii) require the person to perform community service in the form of repairing any
\n4063 damage caused by the unlawful motor vehicle travel.
\n4064 (2) A person operating or accompanying a person operating a motor vehicle may not
\n4065 obstruct an entrance or exit to private property without the owner’s permission.
\n4066 (3) A person may not:
\n4067 (a) tear down, mutilate, or destroy any sign, signboards, or other notice which regulates
\n4068 trespassing for purposes of operating a motor vehicle on land; or
\n4069 (b) tear down, deface, or destroy any fence or other enclosure or any gate or bars
\n4070 belonging to the fence or enclosure.
\n4071 (4) (a) A violation of Subsection (2) is an infraction.
\n4072 (b) A violation of Subsection (3) is a class C misdemeanor.
\n4073 Section 150. Section 41-22-12.7 is amended to read:
\n4074 41-22-12.7. Enhanced penalties for unlawful motor vehicle use on public or
\n4075 private property.
\n4076 (1) A person is guilty of a class [B] C misdemeanor for unlawful cross-country use of a
\n4077 motor vehicle on public land or unlawful motor vehicle use on private property if the person:
\n4078 (a) violates Section 41-22-12.2, 41-22-12.5, or 41-22-13; and
\n4079 (b) (i) has been convicted of violating Section 41-22-12, 41-22-12.2, 41-22-12.5, or
\n4080 41-22-13 within the last two years; or
\n4081 (ii) knowingly, intentionally, or recklessly:
\n4082 (A) damages vegetation, trees, wetlands, riparian areas, fences, structures, or
\n4083 improvements; or
\n4084 (B) harasses wildlife or livestock.
\n4085 (2) As part of any sentence for a conviction of a violation described in Subsection (1),
\n4086 the court may:
\n4087 (a) impose a fine not to exceed $300;
\n4088 (b) require the person to pay restitution not to exceed $1,000 for damage caused by the
\n4089 unlawful motor vehicle use; and
\n4090 (c) require the person to perform community service in the form of repairing any
\n4091 damage to the public land caused by the unlawful motor vehicle use.
\n4092 (3) As part of any sentence for a conviction described in Subsection (1) that is within
\n4093 five years of a prior conviction described in Subsection (1), the court may:
\n4094 (a) impose a fine not to exceed $1,000;
\n4095 (b) require the person to pay restitution not to exceed $2,000 for damage caused by the
\n4096 unlawful motor vehicle use; and
\n4097 (c) require the person to perform community service in the form of repairing any
\n4098 damage caused by the unlawful motor vehicle use.
\n4099 Section 151. Section 41-22-13 is amended to read:
\n4100 41-22-13. Prohibited uses.
\n4101 (1) No person may operate an off-highway vehicle in connection with acts of
\n4102 vandalism, harassment of wildlife or domestic animals, burglaries or other crimes, or damage
\n4103 to the environment which includes excessive pollution of air, water, or land, abuse of the
\n4104 watershed, impairment of plant or animal life, or excessive mechanical noise.
\n4105 (2) A violation of this section is an infraction.
\n4106 Section 152. Section 41-22-15 is amended to read:
\n4107 41-22-15. Permission required for race or organized event.
\n4108 (1) No person may organize, promote, or hold an off-highway vehicle race or other
\n4109 organized event on any land or highway within this state, except as permitted by the
\n4110 appropriate agency or landowner having jurisdiction over the land or highway.
\n4111 (2) A violation of this section is an infraction.
\n4112 Section 153. Section 41-22-17 is amended to read:
\n4113 41-22-17. Penalties for violations.
\n4114 (1) Except as otherwise provided, a person who violates the provisions of this chapter
\n4115 is guilty of [a class C misdemeanor] an infraction.
\n4116 (2) The division may revoke or suspend the registration of any off-highway vehicle
\n4117 whose application for registration has been falsified. The owner shall surrender to the division,
\n4118 within 15 days of suspension or revocation, the suspended or revoked registration card and
\n4119 registration sticker.
\n4120 Section 154. Section 53-3-202 is amended to read:
\n4121 53-3-202. Drivers must be licensed — Taxicab endorsement — Violation.
\n4122 (1) A person may not drive a motor vehicle on a highway in this state unless the person
\n4123 is:
\n4124 (a) granted the privilege to operate a motor vehicle by being licensed as a driver by the
\n4125 division under this chapter;
\n4126 (b) driving an official United States Government class D motor vehicle with a valid
\n4127 United States Government driver permit or license for that type of vehicle;
\n4128 (c) driving a road roller, road machinery, or any farm tractor or implement of
\n4129 husbandry temporarily drawn, moved, or propelled on the highways;
\n4130 (d) a nonresident who is at least 16 years of age and younger than 18 years of age who
\n4131 has in the nonresident’s immediate possession a valid license certificate issued to the
\n4132 nonresident in the nonresident’s home state or country and is driving in the class or classes
\n4133 identified on the home state license certificate, except those persons referred to in Part 6,
\n4134 Drivers’ License Compact, of this chapter;
\n4135 (e) a nonresident who is at least 18 years of age and who has in the nonresident’s
\n4136 immediate possession a valid license certificate issued to the nonresident in the nonresident’s
\n4137 home state or country if driving in the class or classes identified on the home state license
\n4138 certificate, except those persons referred to in Part 6, Drivers’ License Compact, of this chapter;
\n4139 (f) driving under a learner permit in accordance with Section 53-3-210.5;
\n4140 (g) driving with a temporary license certificate issued in accordance with Section
\n4141 53-3-207; or
\n4142 (h) exempt under Title 41, Chapter 22, Off-Highway Vehicles.
\n4143 (2) A person may not drive or, while within the passenger compartment of a motor
\n4144 vehicle, exercise any degree or form of physical control of a motor vehicle being towed by a
\n4145 motor vehicle upon a highway unless the person:
\n4146 (a) holds a valid license issued under this chapter for the type or class of motor vehicle
\n4147 being towed; or
\n4148 (b) is exempted under either Subsection (1)(b) or (1)(c).
\n4149 (3) A person may not drive a motor vehicle as a taxicab on a highway of this state
\n4150 unless the person has a taxicab endorsement issued by the division on his license certificate.
\n4151 (4) (a) Except as provided in Subsections (4)(b) and (c), a person may not operate:
\n4152 (i) a motorcycle unless the person has a valid class D driver license and a motorcycle
\n4153 endorsement issued under this chapter;
\n4154 (ii) a street legal all-terrain vehicle unless the person has a valid class D driver license;
\n4155 or
\n4156 (iii) a motor-driven cycle unless the person has a valid class D driver license and a
\n4157 motorcycle endorsement issued under this chapter.
\n4158 (b) A person operating a moped, as defined in Section 41-6a-102, or an electric assisted
\n4159 bicycle, as defined in Section 41-6a-102, is not required to have a motorcycle endorsement
\n4160 issued under this chapter.
\n4161 (c) A person is not required to have a valid class D driver license if the person is:
\n4162 (i) operating a motor assisted scooter, as defined in Section 41-6a-102, in accordance
\n4163 with Section 41-6a-1115; or
\n4164 (ii) operating an electric personal assistive mobility device, as defined in Section
\n4165 41-6a-102, in accordance with Section 41-6a-1116.
\n4166 (5) A person who violates this section is guilty of [a class C misdemeanor] an
\n4167 infraction.
\n4168 Section 155. Section 53-3-203 is amended to read:
\n4169 53-3-203. Authorizing or permitting driving in violation of chapter — Renting of
\n4170 motor vehicles — License requirements — Employees must be licensed — Violations.
\n4171 (1) A person may not authorize or knowingly permit a motor vehicle owned by him or
\n4172 under his control to be driven by a person in violation of this chapter.
\n4173 (2) (a) A person may not rent a motor vehicle to another person unless the person who
\n4174 will be the driver is licensed in this state, or in the case of a nonresident, licensed under the
\n4175 laws of the state or country of his residence.
\n4176 (b) A person may not rent a motor vehicle to another person until he has inspected the
\n4177 license certificate of the person who will be the driver and verified the signature on the license
\n4178 certificate by comparison with the signature of the person who will be the driver written in his
\n4179 presence.
\n4180 (c) A person renting a motor vehicle to another shall keep a record of the:
\n4181 (i) registration number of the rented motor vehicle;
\n4182 (ii) name and address of the person to whom the motor vehicle is rented;
\n4183 (iii) number of the license certificate of the renter; and
\n4184 (iv) date and place the license certificate was issued.
\n4185 (d) The record is open to inspection by any peace officer or officer or employee of the
\n4186 division.
\n4187 (3) A person may not employ a person to drive a motor vehicle who is not licensed as
\n4188 required under this chapter.
\n4189 (4) A person who violates [Subsection (1), (2)(a), or (3)] this section is guilty of [a
\n4190 class C misdemeanor] an infraction.
\n4191 Section 156. Section 53-3-207 is amended to read:
\n4192 53-3-207. License certificates or driving privilege cards issued to drivers by class
\n4193 of motor vehicle — Contents — Release of anatomical gift information — Temporary
\n4194 licenses or driving privilege cards — Minors’ licenses, cards, and permits — Violation.
\n4195 (1) As used in this section:
\n4196 (a) “Driving privilege” means the privilege granted under this chapter to drive a motor
\n4197 vehicle.
\n4198 (b) “Governmental entity” means the state and its political subdivisions as defined in
\n4199 this Subsection (1).
\n4200 (c) “Political subdivision” means any county, city, town, school district, public transit
\n4201 district, community development and renewal agency, special improvement or taxing district,
\n4202 local district, special service district, an entity created by an interlocal agreement adopted under
\n4203 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
\n4204 corporation.
\n4205 (d) “State” means this state, and includes any office, department, agency, authority,
\n4206 commission, board, institution, hospital, college, university, children’s justice center, or other
\n4207 instrumentality of the state.
\n4208 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
\n4209 regular license certificate, a limited-term license certificate, or a driving privilege card
\n4210 indicating the type or class of motor vehicle the person may drive.
\n4211 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
\n4212 class.
\n4213 (3) (a) Every regular license certificate, limited-term license certificate, or driving
\n4214 privilege card shall bear:
\n4215 (i) the distinguishing number assigned to the person by the division;
\n4216 (ii) the name, birth date, and Utah residence address of the person;
\n4217 (iii) a brief description of the person for the purpose of identification;
\n4218 (iv) any restrictions imposed on the license under Section 53-3-208;
\n4219 (v) a photograph of the person;
\n4220 (vi) a photograph or other facsimile of the person’s signature;
\n4221 (vii) an indication whether the person intends to make an anatomical gift under Title
\n4222 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
\n4223 under Subsection 53-3-214(3); and
\n4224 (viii) except as provided in Subsection (3)(b), if the person states that the person is a
\n4225 veteran of the United States military on the application for a driver license in accordance with
\n4226 Section 53-3-205 and provides verification that the person was granted an honorable or general
\n4227 discharge from the United States Armed Forces, an indication that the person is a United States
\n4228 military veteran for a regular license certificate or limited-term license certificate issued on or
\n4229 after July 1, 2011.
\n4230 (b) A regular license certificate or limited-term license certificate issued to any person
\n4231 younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not
\n4232 required to include an indication that the person is a United States military veteran under
\n4233 Subsection (3)(a)(viii).
\n4234 (c) A new license certificate issued by the division may not bear the person’s Social
\n4235 Security number.
\n4236 (d) (i) The regular license certificate, limited-term license certificate, or driving
\n4237 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
\n4238 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
\n4239 license certificate, limited-term license certificate, or driving privilege card shall be as
\n4240 prescribed by the commissioner.
\n4241 (iii) The commissioner may also prescribe the issuance of a special type of limited
\n4242 regular license certificate, limited-term license certificate, or driving privilege card under
\n4243 Subsection 53-3-220(4).
\n4244 (4) (a) (i) The division, upon determining after an examination that an applicant is
\n4245 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
\n4246 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
\n4247 license certificate.
\n4248 (ii) (A) The division shall issue a temporary regular license certificate or temporary
\n4249 limited-term license certificate allowing the person to drive a motor vehicle while the division
\n4250 is completing its investigation to determine whether the person is entitled to be granted a
\n4251 driving privilege.
\n4252 (B) A temporary regular license certificate or a temporary limited-term license
\n4253 certificate issued under this Subsection (4) shall be recognized and have the same rights and
\n4254 privileges as a regular license certificate or a limited-term license certificate.
\n4255 (b) The temporary regular license certificate or temporary limited-term license
\n4256 certificate shall be in the person’s immediate possession while driving a motor vehicle, and it is
\n4257 invalid when the person’s regular license certificate or limited-term license certificate has been
\n4258 issued or when, for good cause, the privilege has been refused.
\n4259 (c) The division shall indicate on the temporary regular license certificate or temporary
\n4260 limited-term license certificate a date after which it is not valid as a temporary license.
\n4261 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
\n4262 temporary driving privilege card or other temporary permit to an applicant for a driving
\n4263 privilege card.
\n4264 (ii) The division may issue a learner permit issued in accordance with Section
\n4265 53-3-210.5 to an applicant for a driving privilege card.
\n4266 (5) (a) The division shall distinguish learner permits, temporary permits, regular
\n4267 license certificates, limited-term license certificates, and driving privilege cards issued to any
\n4268 person younger than 21 years of age by use of plainly printed information or the use of a color
\n4269 or other means not used for other regular license certificates, limited-term license certificates,
\n4270 or driving privilege cards.
\n4271 (b) The division shall distinguish a regular license certificate, limited-term license
\n4272 certificate, or driving privilege card issued to any person:
\n4273 (i) younger than 21 years of age by use of a portrait-style format not used for other
\n4274 regular license certificates, limited-term license certificates, or driving privilege cards and by
\n4275 plainly printing the date the regular license certificate, limited-term license certificate, or
\n4276 driving privilege card holder is 21 years of age, which is the legal age for purchasing an
\n4277 alcoholic beverage or alcoholic product under Section 32B-4-403; and
\n4278 (ii) younger than 19 years of age, by plainly printing the date the regular license
\n4279 certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
\n4280 which is the legal age for purchasing tobacco products under Section 76-10-104.
\n4281 (6) The division shall distinguish a limited-term license certificate by clearly indicating
\n4282 on the document:
\n4283 (a) that it is temporary; and
\n4284 (b) its expiration date.
\n4285 (7) (a) The division shall only issue a driving privilege card to a person whose privilege
\n4286 was obtained without providing evidence of lawful presence in the United States as required
\n4287 under Subsection 53-3-205(8).
\n4288 (b) The division shall distinguish a driving privilege card from a license certificate by:
\n4289 (i) use of a format, color, font, or other means; and
\n4290 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
\n4291 similar to “FOR DRIVING PRIVILEGES ONLY — NOT VALID FOR IDENTIFICATION”.
\n4292 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
\n4293 permit, temporary regular license certificate, temporary limited-term license certificate, or any
\n4294 other temporary permit.
\n4295 (9) The division shall issue temporary license certificates of the same nature, except as
\n4296 to duration, as the license certificates that they temporarily replace, as are necessary to
\n4297 implement applicable provisions of this section and Section 53-3-223.
\n4298 (10) (a) A governmental entity may not accept a driving privilege card as proof of
\n4299 personal identification.
\n4300 (b) A driving privilege card may not be used as a document providing proof of a
\n4301 person’s age for any government required purpose.
\n4302 (11) A person who violates Subsection (2)(b) is guilty of [a class C misdemeanor] an
\n4303 infraction.
\n4304 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
\n4305 fees, restrictions, and sanctions under this code apply to a:
\n4306 (a) driving privilege in the same way as a license or limited-term license issued under
\n4307 this chapter; and
\n4308 (b) limited-term license certificate or driving privilege card in the same way as a
\n4309 regular license certificate issued under this chapter.
\n4310 Section 157. Section 53-3-208 is amended to read:
\n4311 53-3-208. Restrictions.
\n4312 (1) (a) When granting a license, the division may for good cause impose restrictions,
\n4313 suitable to the licensee’s driving ability, for the type of motor vehicle or special mechanical
\n4314 control devices required on a motor vehicle that the licensee may drive.
\n4315 (b) The division may impose other restrictions on the licensee as it determines
\n4316 appropriate to assure safe driving of a motor vehicle by the licensee.
\n4317 (2) The division may either grant a special restricted license or may set forth
\n4318 restrictions upon the regular license certificate.
\n4319 (3) (a) The division may suspend or revoke any license upon receiving satisfactory
\n4320 evidence of any violation of the restrictions imposed on the license.
\n4321 (b) Each licensee is entitled to a hearing for a suspension or revocation under this
\n4322 chapter.
\n4323 (4) It is [a class C misdemeanor] an infraction for a person to drive a motor vehicle in
\n4324 violation of the restrictions imposed on his license under this section.
\n4325 Section 158. Section 53-3-210.6 is amended to read:
\n4326 53-3-210.6. Motorcycle learner permit.
\n4327 (1) The division, upon receiving an application for a motorcycle learner permit, may
\n4328 issue a motorcycle learner permit effective for six months to an applicant who:
\n4329 (a) holds an original or provisional class D license, a CDL, or an out-of-state
\n4330 equivalent of an original or provisional class D license or a CDL; and
\n4331 (b) has passed the motorcycle knowledge test.
\n4332 (2) A motorcycle learner permit entitles an applicant to operate a motorcycle on a
\n4333 highway subject to the restrictions in Subsection (3).
\n4334 (3) (a) For the first two months from the date a motorcycle learner permit is issued, the
\n4335 operator of a motorcycle holding the motorcycle learner permit may not operate a motorcycle:
\n4336 (i) on a highway with a posted speed limit of more than 60 miles per hour;
\n4337 (ii) with any passengers; or
\n4338 (iii) during the nighttime hours after 10 p.m. and before 6 a.m.
\n4339 (b) For the third through sixth months from the date a motorcycle learner permit is
\n4340 issued, the operator of a motorcycle holding the motorcycle learner permit may operate a
\n4341 motorcycle without any restrictions imposed under this Subsection (3).
\n4342 (c) It is an affirmative defense to a charge that a person who has been issued a
\n4343 motorcycle learner permit is operating a motorcycle in violation of the restrictions under
\n4344 Subsection (3)(a) if the person is operating the motorcycle:
\n4345 (i) for the operator’s employment, including the trip to and from the operator’s
\n4346 residence and the operator’s employment;
\n4347 (ii) on assignment of a rancher or farmer and the operator is engaged in an agricultural
\n4348 operation; or
\n4349 (iii) in an emergency.
\n4350 (d) A violation of Subsection (3)(a) is an infraction.
\n4351 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
\n4352 division shall make rules governing the issuance of a motorcycle learner permit and
\n4353 establishing the proof requirements for an applicant to demonstrate that the applicant has
\n4354 completed a motorcycle rider education program.
\n4355 Section 159. Section 53-3-213 is amended to read:
\n4356 53-3-213. Age and experience requirements to drive school bus or certain other
\n4357 carriers — Misdemeanor to drive unauthorized class of motor vehicle — Waiver of driving
\n4358 examination by third party certification.
\n4359 (1) (a) A person must be at least 21 years of age:
\n4360 (i) to drive any school bus;
\n4361 (ii) to drive any commercial motor vehicle outside this state; or
\n4362 (iii) while transporting passengers for hire or hazardous materials.
\n4363 (b) Subject to the requirements of Subsection (1)(a), the division may grant a
\n4364 commercial driver license to any applicant who is at least 18 years of age and has had at least
\n4365 one year of previous driving experience.
\n4366 (c) It is [a class C misdemeanor] an infraction for any person to drive a class of motor
\n4367 vehicle for which he is not licensed.
\n4368 (2) (a) At the discretion of the commissioner and under standards established by the
\n4369 division, persons employed as commercial drivers may submit a third party certification as
\n4370 provided in Part 4, Uniform Commercial Driver License Act, in lieu of the driving segment of
\n4371 the examination.
\n4372 (b) The division shall maintain necessary records and set standards to certify
\n4373 companies desiring to qualify under Subsection (2)(a).
\n4374 Section 160. Section 53-3-217 is amended to read:
\n4375 53-3-217. License to be carried when driving motor vehicle — Production in court
\n4376 — Violation.
\n4377 (1) (a) The licensee shall have his license certificate in his immediate possession at all
\n4378 times when driving a motor vehicle.
\n4379 (b) A licensee shall display his license certificate upon demand of a justice of peace, a
\n4380 peace officer, or a field deputy or inspector of the division.
\n4381 (2) It is a defense to a charge under this section that the person charged produces in
\n4382 court a license certificate issued to him and valid at the time of his citation or arrest.
\n4383 (3) A person who violates Subsection (1)(a) or (1)(b) is guilty of [a class C
\n4384 misdemeanor] an infraction.
\n4385 Section 161. Section 53-3-218 is amended to read:
\n4386 53-3-218. Court to report convictions and may recommend suspension of license
\n4387 — Severity of speeding violation defined.
\n4388 (1) As used in this section, “conviction” means conviction by the court of first
\n4389 impression or final administrative determination in an administrative traffic proceeding.
\n4390 (2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over offenses
\n4391 committed under this chapter or any other law of this state, or under any municipal ordinance
\n4392 regulating driving motor vehicles on highways or driving motorboats on the water, shall
\n4393 forward to the division within five days, an abstract of the court record of the conviction or
\n4394 plea held in abeyance of any person in the court for a reportable traffic or motorboating
\n4395 violation of any laws or ordinances, and may recommend the suspension of the license of the
\n4396 person convicted.
\n4397 (b) When the division receives a court record of a conviction or plea in abeyance for a
\n4398 motorboat violation, the division may only take action against a person’s driver license if the
\n4399 motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the
\n4400 Influence and Reckless Driving.
\n4401 (c) (i) A court [is] may not [required to] forward to the division [within five days] an
\n4402 abstract of the court record of the conviction for a violation described in Subsection
\n4403 53-3-220(1)(c) and the Driver License Division [is] may not [required to] suspend a person’s
\n4404 license for a violation described in Subsection 53-3-220(1)(c) if:
\n4405 (A) the violation did not involve a motor vehicle; and
\n4406 (B) the person convicted of a violation described in Subsection 53-3-220(1)(c):
\n4407 (I) is participating in or has successfully completed substance abuse treatment at a
\n4408 licensed substance abuse treatment program that is approved by the Division of Substance
\n4409 Abuse and Mental Health in accordance with Section 62A-15-105; or
\n4410 (II) is participating in or has successfully completed probation through the Department
\n4411 of Corrections Adult Probation and Parole in accordance with Section 77-18-1.
\n4412 (ii) If the person convicted of a violation described in Subsection 53-3-220(1)(c) fails
\n4413 to comply with the terms of a substance abuse treatment program under Subsection
\n4414 (2)(c)(i)(B)(I) or the terms of probation under Subsection (2)(c)(i)(B)(II):
\n4415 (A) the substance abuse treatment program licensed by the Division of Substance
\n4416 Abuse and Mental Health or the Department of Corrections Adult Probation and Parole shall
\n4417 immediately provide an affidavit or other sworn information to the court notifying the court
\n4418 that the person has failed to comply with the terms of a substance abuse treatment program
\n4419 under Subsection (2)(c)(i)(B)(I) or the terms of probation under Subsection (2)(c)(i)(B)(II);
\n4420 (B) upon receipt of an affidavit or sworn statement under Subsection (2)(c)(ii)(A), the
\n4421 court shall immediately forward an abstract of the court record of the conviction for a violation
\n4422 described in Subsection 53-3-220(1)(c) to the division; and
\n4423 (C) the division shall immediately suspend the person’s license in accordance with
\n4424 Subsection 53-3-220(1)(c).
\n4425 (3) The abstract shall be made in the form prescribed by the division and shall include:
\n4426 (a) the name, date of birth, and address of the party charged;
\n4427 (b) the license certificate number of the party charged, if any;
\n4428 (c) the registration number of the motor vehicle or motorboat involved;
\n4429 (d) whether the motor vehicle was a commercial motor vehicle;
\n4430 (e) whether the motor vehicle carried hazardous materials;
\n4431 (f) whether the motor vehicle carried 16 or more occupants;
\n4432 (g) whether the driver presented a commercial driver license;
\n4433 (h) the nature of the offense;
\n4434 (i) whether the offense involved an accident;
\n4435 (j) the driver’s blood alcohol content, if applicable;
\n4436 (k) if the offense involved a speeding violation:
\n4437 (i) the posted speed limit;
\n4438 (ii) the actual speed; and
\n4439 (iii) whether the speeding violation occurred on a highway that is part of the interstate
\n4440 system as defined in Section 72-1-102;
\n4441 (l) the date of the hearing;
\n4442 (m) the plea;
\n4443 (n) the judgment or whether bail was forfeited; and
\n4444 (o) the severity of the violation, which shall be graded by the court as “minimum,”
\n4445 “intermediate,” or “maximum” as established in accordance with Subsection 53-3-221(4).
\n4446 (4) When a convicted person secures a judgment of acquittal or reversal in any
\n4447 appellate court after conviction in the court of first impression, the division shall reinstate the
\n4448 convicted person’s license immediately upon receipt of a certified copy of the judgment of
\n4449 acquittal or reversal.
\n4450 (5) Upon a conviction for a violation of the prohibition on using a handheld wireless
\n4451 communication device for text messaging or electronic mail communication while operating a
\n4452 moving motor vehicle under Section 41-6a-1716, a judge may order a suspension of the
\n4453 convicted person’s license for a period of three months.
\n4454 (6) Upon a conviction for a violation of careless driving under Section 41-6a-1715 that
\n4455 causes or results in the death of another person, a judge may order a revocation of the convicted
\n4456 person’s license for a period of one year.
\n4457 Section 162. Section 53-3-412 is amended to read:
\n4458 53-3-412. CDL classifications, endorsements, and restrictions.
\n4459 (1) A CDL may be granted with the following classifications, endorsements, and
\n4460 restrictions:
\n4461 (a) Classifications:
\n4462 (i) Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if
\n4463 the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
\n4464 (ii) Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
\n4465 including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less;
\n4466 and
\n4467 (iii) Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or
\n4468 that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the
\n4469 vehicle is designed:
\n4470 (A) to carry 16 or more passengers, including the driver;
\n4471 (B) as a school bus, and weighing less than 26,001 pounds GVWR; or
\n4472 (C) to transport hazardous materials that requires the vehicle to be placarded under 49
\n4473 C.F.R. Part 172, Subpart F.
\n4474 (b) Endorsements:
\n4475 (i) “H” authorizes the driver to drive a commercial motor vehicle transporting
\n4476 hazardous materials as defined in 49 C.F.R. Sec. 383.5.
\n4477 (ii) “N” authorizes the driver to drive a tank vehicle.
\n4478 (iii) “P” authorizes the driver to drive a motor vehicle designed to carry 16 or more
\n4479 passengers including the driver.
\n4480 (iv) “S” authorizes the driver to transport preprimary, primary, or secondary school
\n4481 students from home to school, school to home, or to and from school-sponsored events.
\n4482 (v) “T” authorizes the driver to drive a commercial motor vehicle with a double or
\n4483 triple trailer.
\n4484 (vi) “X” authorizes the driver to drive a tank vehicle and transport hazardous materials.
\n4485 (c) Restrictions:
\n4486 (i) “E” restricts the driver from driving a commercial motor vehicle with a manual
\n4487 transmission.
\n4488 (ii) “K” restricts the driver to driving intrastate only any commercial motor vehicle as
\n4489 defined by 49 C.F.R. Parts 383 and 390.
\n4490 (iii) “L” restricts the driver to driving a commercial motor vehicle not equipped with
\n4491 air brakes.
\n4492 (iv) “J” provides for other CDL restrictions.
\n4493 (v) “M” restricts a driver from transporting passengers using a class A bus.
\n4494 (vi) “N” restricts a driver from transporting passengers using a class A or class B bus.
\n4495 (vii) “O” restricts a driver from driving a commercial motor vehicle equipped with a
\n4496 tractor trailer.
\n4497 (viii) (A) “V” indicates that the driver has been issued a variance by the Federal Motor
\n4498 Carrier Safety Administration in reference to the driver’s medical certification status.
\n4499 (B) A driver with a “V” restriction shall have the letter outlining the specifications for
\n4500 the variance in the driver’s possession along with the driver’s commercial driver license when
\n4501 operating a commercial motor vehicle.
\n4502 (ix) “Z” restricts a driver from driving a commercial motor vehicle with non-fully
\n4503 equipped air brakes.
\n4504 (2) A commercial driver instruction permit may be granted with the following
\n4505 classifications, endorsements, and restrictions:
\n4506 (a) Classifications:
\n4507 (i) Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if
\n4508 the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;
\n4509 (ii) Class B: any single motor vehicle with a GVWR of 26,001 pounds or more,
\n4510 including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less;
\n4511 and
\n4512 (iii) Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or
\n4513 that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the
\n4514 vehicle is designed:
\n4515 (A) to carry 16 or more passengers, including the driver;
\n4516 (B) as a school bus, and weighing less than 26,001 pounds GVWR; or
\n4517 (C) to transport hazardous material that requires the vehicle to be placarded under 49
\n4518 C.F.R. Part 172, Subpart F.
\n4519 (b) Endorsements:
\n4520 (i) “N” authorizes the driver to drive a tank vehicle. An “N” endorsement may only be
\n4521 issued with an “X” restriction.
\n4522 (ii) “P” authorizes the driver to drive a motor vehicle designed to carry 16 or more
\n4523 passengers including the driver. A “P” endorsement may only be issued with a “P” restriction.
\n4524 (iii) “S” authorizes the driver to transport preprimary, primary, or secondary school
\n4525 students from home to school, school to home, or to and from school-sponsored events. An
\n4526 “S” endorsement may only be issued with a “P” restriction.
\n4527 (c) Restrictions:
\n4528 (i) “K” restricts the driver to driving intrastate only any commercial motor vehicle as
\n4529 defined by 49 C.F.R. Parts 383 and 390.
\n4530 (ii) “L” restricts the driver to driving a commercial motor vehicle not equipped with air
\n4531 brakes.
\n4532 (iii) “M” restricts a driver from transporting passengers using a class A bus.
\n4533 (iv) “N” restricts a driver from transporting passengers using a class A or class B bus.
\n4534 (v) “P” restricts a driver from having one or more passengers in the vehicle while
\n4535 driving a commercial motor vehicle bus unless the passenger is:
\n4536 (A) a federal or state auditor or inspector;
\n4537 (B) a test examiner;
\n4538 (C) another trainee; or
\n4539 (D) the CDL holder accompanying the CDIP holder as required in 49 C.F.R. Sec.
\n4540 383.25.
\n4541 (vi) (A) “V” indicates that the driver has been issued a variance by the Federal Motor
\n4542 Carrier Safety Administration in reference to the driver’s medical certification status.
\n4543 (B) A driver with a “V” restriction shall have the letter outlining the specifications for
\n4544 the variance in the driver’s possession along with the driver’s commercial driver license when
\n4545 operating a commercial motor vehicle.
\n4546 (vii) “X” restricts a driver from having cargo in a commercial motor vehicle tank
\n4547 vehicle.
\n4548 (3) A violation of this section is a class C misdemeanor.
\n4549 Section 163. Section 53-8-205 is amended to read:
\n4550 53-8-205. Safety inspection required — Frequency of safety inspection — Safety
\n4551 inspection certificate required — Out-of-state permits.
\n4552 (1) (a) Except as provided in Subsection (1)(b), a person may not operate on a highway
\n4553 a motor vehicle required to be registered in this state unless the motor vehicle has passed a
\n4554 safety inspection if required in the current year.
\n4555 (b) Subsection (1)(a) does not apply to:
\n4556 (i) a vehicle that is exempt from registration under Section 41-1a-205;
\n4557 (ii) an off-highway vehicle, unless the off-highway vehicle is being registered as a
\n4558 street-legal all-terrain vehicle in accordance with Section 41-6a-1509;
\n4559 (iii) a vintage vehicle as defined in Section 41-21-1;
\n4560 (iv) a commercial vehicle with a gross vehicle weight rating over 26,000 pounds that:
\n4561 (A) is operating with an apportioned registration under Section 41-1a-301; and
\n4562 (B) has a valid annual federal inspection that complies with the requirements of 49
\n4563 C.F.R. Sec. 396.17; and
\n4564 (v) a trailer, semitrailer, or trailering equipment attached to a commercial motor vehicle
\n4565 described in Subsection (1)(b)(iv) that has a valid annual federal inspection that complies with
\n4566 the requirements of 49 C.F.R. Sec. 396.17.
\n4567 (2) Except as provided in Subsection (3), the frequency of the safety inspection shall be
\n4568 determined based on the age of the vehicle determined by model year and shall:
\n4569 (a) be required each year for a vehicle that is 10 or more years old on January 1; or
\n4570 (b) for each vehicle that is less than 10 years old on January 1, be required in the fourth
\n4571 year and the eighth year;
\n4572 (c) be made by a safety inspector certified by the division at a safety inspection station
\n4573 authorized by the division;
\n4574 (d) cover an inspection of the motor vehicle mechanism, brakes, and equipment to
\n4575 ensure proper adjustment and condition as required by department rules; and
\n4576 (e) include an inspection for the display of license plates in accordance with Section
\n4577 41-1a-404.
\n4578 (3) (a) (i) A salvage vehicle as defined in Section 41-1a-1001 is required to pass a
\n4579 safety inspection when an application is made for initial registration as a salvage vehicle.
\n4580 (ii) After initial registration as a salvage vehicle, the frequency of the safety inspection
\n4581 shall correspond with the model year, as provided in Subsection (2).
\n4582 (b) Beginning on the date that the Motor Vehicle Division has implemented the Motor
\n4583 Vehicle Division’s GenTax system, a commercial vehicle as defined in Section 41-1a-102 with
\n4584 a gross vehicle weight rating of 10,001 pounds or more is required to pass a safety inspection
\n4585 annually or comply with Subsection (1)(b)(iv)(B).
\n4586 (4) (a) A safety inspection station shall issue two safety inspection certificates to the
\n4587 owner of:
\n4588 (i) each motor vehicle that passes a safety inspection under this section; and
\n4589 (ii) a street-legal all-terrain vehicle that meets all the equipment requirements in
\n4590 Section 41-6a-1509.
\n4591 (b) A safety inspection station shall use one safety inspection certificate issued under
\n4592 this Subsection (4) for processing the vehicle registration.
\n4593 (c) A person operating a motor vehicle shall have in the person’s immediate possession
\n4594 a safety inspection certificate or other evidence of compliance with the requirement to obtain a
\n4595 safety inspection under this section.
\n4596 (5) The division may:
\n4597 (a) authorize the acceptance in this state of a safety inspection certificate issued in
\n4598 another state having a safety inspection law similar to this state; and
\n4599 (b) extend the time within which a safety inspection certificate must be obtained by the
\n4600 resident owner of a vehicle that was not in this state during the time a safety inspection was
\n4601 required.
\n4602 (6) A violation of this section is an infraction.
\n4603 Section 164. Section 53B-3-107 is amended to read:
\n4604 53B-3-107. Traffic violations — Notice of rule or regulation.
\n4605 (1) It is a violation of this section for any person to operate or park a vehicle upon any
\n4606 property owned or controlled by a state institution of higher education contrary to posted signs
\n4607 authorized by the published rules and regulations of the institution or to block or impede traffic
\n4608 through or on any of these properties.
\n4609 (2) A violation of Subsection (1) is a class C misdemeanor.
\n4610 [(2)] (3) Notice of a rule or regulation to all persons is sufficient if the rule or
\n4611 regulation is published in one issue of a newspaper of general circulation in the county or
\n4612 counties in which the institution and the campus or facility is located.
\n4613 Section 165. Section 58-37-8 is amended to read:
\n4614 58-37-8. Prohibited acts — Penalties.
\n4615 (1) Prohibited acts A — Penalties:
\n4616 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
\n4617 intentionally:
\n4618 (i) produce, manufacture, or dispense, or to possess with intent to produce,
\n4619 manufacture, or dispense, a controlled or counterfeit substance;
\n4620 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
\n4621 arrange to distribute a controlled or counterfeit substance;
\n4622 (iii) possess a controlled or counterfeit substance with intent to distribute; or
\n4623 (iv) engage in a continuing criminal enterprise where:
\n4624 (A) the person participates, directs, or engages in conduct which results in any
\n4625 violation of any provision of Title 58, Chapters 37, 37a, 37b, 37c, or 37d that is a felony; and
\n4626 (B) the violation is a part of a continuing series of two or more violations of Title 58,
\n4627 Chapters 37, 37a, 37b, 37c, or 37d on separate occasions that are undertaken in concert with
\n4628 five or more persons with respect to whom the person occupies a position of organizer,
\n4629 supervisor, or any other position of management.
\n4630 (b) Any person convicted of violating Subsection (1)(a) with respect to:
\n4631 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
\n4632 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
\n4633 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
\n4634 subsequent conviction is guilty of a first degree felony;
\n4635 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
\n4636 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
\n4637 upon a second or subsequent conviction is guilty of a second degree felony; or
\n4638 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
\n4639 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
\n4640 felony.
\n4641 (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
\n4642 may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
\n4643 of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on his
\n4644 person or in his immediate possession during the commission or in furtherance of the offense,
\n4645 the court shall additionally sentence the person convicted for a term of one year to run
\n4646 consecutively and not concurrently; and the court may additionally sentence the person
\n4647 convicted for an indeterminate term not to exceed five years to run consecutively and not
\n4648 concurrently.
\n4649 (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
\n4650 felony punishable by imprisonment for an indeterminate term of not less than seven years and
\n4651 which may be for life. Imposition or execution of the sentence may not be suspended, and the
\n4652 person is not eligible for probation.
\n4653 (2) Prohibited acts B — Penalties:
\n4654 (a) It is unlawful:
\n4655 (i) for any person knowingly and intentionally to possess or use a controlled substance
\n4656 analog or a controlled substance, unless it was obtained under a valid prescription or order,
\n4657 directly from a practitioner while acting in the course of the person’s professional practice, or as
\n4658 otherwise authorized by this chapter;
\n4659 (ii) for any owner, tenant, licensee, or person in control of any building, room,
\n4660 tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
\n4661 be occupied by persons unlawfully possessing, using, or distributing controlled substances in
\n4662 any of those locations; or
\n4663 (iii) for any person knowingly and intentionally to possess an altered or forged
\n4664 prescription or written order for a controlled substance.
\n4665 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
\n4666 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
\n4667 or
\n4668 (ii) a substance classified in Schedule I or II, [marijuana, if the amount is more than 16
\n4669 ounces, but less than 100 pounds,] or a controlled substance analog, is guilty of a class A
\n4670 misdemeanor on a first or second conviction, and on a third or subsequent conviction is guilty
\n4671 of a third degree felony[; or].
\n4672 [(iii) marijuana, if the marijuana is not in the form of an extracted resin from any part
\n4673 of the plant, and the amount is more than one ounce but less than 16 ounces, is guilty of a class
\n4674 A misdemeanor.]
\n4675 (c) Upon a person’s conviction of a violation of this Subsection (2) subsequent to a
\n4676 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
\n4677 penalty than provided in this Subsection (2).
\n4678 (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
\n4679 substances not included in Subsection (2)(b)(i)[,] or (ii), [or (iii),] including a substance listed
\n4680 in Section 58-37-4.2, or [less than one ounce of] marijuana, is guilty of a class B misdemeanor.
\n4681 Upon a [second] third conviction the person is guilty of a class A misdemeanor, and upon a
\n4682 [third] fourth or subsequent conviction the person is guilty of a third degree felony.
\n4683 (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
\n4684 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
\n4685 any public jail or other place of confinement shall be sentenced to a penalty one degree greater
\n4686 than provided in Subsection (2)(b), and if the conviction is with respect to controlled
\n4687 substances as listed in:
\n4688 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
\n4689 indeterminate term as provided by law, and:
\n4690 (A) the court shall additionally sentence the person convicted to a term of one year to
\n4691 run consecutively and not concurrently; and
\n4692 (B) the court may additionally sentence the person convicted for an indeterminate term
\n4693 not to exceed five years to run consecutively and not concurrently; and
\n4694 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
\n4695 indeterminate term as provided by law, and the court shall additionally sentence the person
\n4696 convicted to a term of six months to run consecutively and not concurrently.
\n4697 (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
\n4698 (i) on a first conviction, guilty of a class B misdemeanor;
\n4699 (ii) on a second conviction, guilty of a class A misdemeanor; and
\n4700 (iii) on a third or subsequent conviction, guilty of a third degree felony.
\n4701 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
\n4702 amounting to a violation of Section 76-5-207:
\n4703 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person’s
\n4704 body any measurable amount of a controlled substance; and
\n4705 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
\n4706 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
\n4707 (h) A person who violates Subsection (2)(g) by having in the person’s body:
\n4708 (i) a controlled substance classified under Schedule I, other than those described in
\n4709 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
\n4710 degree felony;
\n4711 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
\n4712 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
\n4713 degree felony; or
\n4714 (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
\n4715 A misdemeanor.
\n4716 (i) A person is guilty of a separate offense for each victim suffering serious bodily
\n4717 injury or death as a result of the person’s negligent driving in violation of Subsection
\n4718 58-37-8(2)(g) whether or not the injuries arise from the same episode of driving.
\n4719 (3) Prohibited acts C — Penalties:
\n4720 (a) It is unlawful for any person knowingly and intentionally:
\n4721 (i) to use in the course of the manufacture or distribution of a controlled substance a
\n4722 license number which is fictitious, revoked, suspended, or issued to another person or, for the
\n4723 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
\n4724 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
\n4725 person;
\n4726 (ii) to acquire or obtain possession of, to procure or attempt to procure the
\n4727 administration of, to obtain a prescription for, to prescribe or dispense to any person known to
\n4728 be attempting to acquire or obtain possession of, or to procure the administration of any
\n4729 controlled substance by misrepresentation or failure by the person to disclose receiving any
\n4730 controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
\n4731 prescription or written order for a controlled substance, or the use of a false name or address;
\n4732 (iii) to make any false or forged prescription or written order for a controlled substance,
\n4733 or to utter the same, or to alter any prescription or written order issued or written under the
\n4734 terms of this chapter; or
\n4735 (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
\n4736 to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
\n4737 device of another or any likeness of any of the foregoing upon any drug or container or labeling
\n4738 so as to render any drug a counterfeit controlled substance.
\n4739 [(b) Any person convicted of violating Subsection (3)(a) is guilty of a third degree
\n4740 felony.]
\n4741 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
\n4742 misdemeanor.
\n4743 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
\n4744 degree felony.
\n4745 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
\n4746 (4) Prohibited acts D — Penalties:
\n4747 (a) Notwithstanding other provisions of this section, a person not authorized under this
\n4748 chapter who commits any act [declared to be] that is unlawful under [this section, Title 58,
\n4749 Chapter 37a, Utah Drug Paraphernalia Act, or under Title 58, Chapter 37b, Imitation
\n4750 Controlled Substances Act,] Subsection (1)(a), Section 58-37a-5, or Section 58-37b-4 is upon
\n4751 conviction subject to the penalties and classifications under this Subsection (4) if the trier of
\n4752 fact finds the act is committed:
\n4753 (i) in a public or private elementary or secondary school or on the grounds of any of
\n4754 those schools during the hours of 6 a.m. through 10 p.m.;
\n4755 (ii) in a public or private vocational school or postsecondary institution or on the
\n4756 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
\n4757 [(iii) in those portions of any building, park, stadium, or other structure or grounds
\n4758 which are, at the time of the act, being used for an activity sponsored by or through a school or
\n4759 institution under Subsections (4)(a)(i) and (ii);]
\n4760 [(iv)] (iii) in or on the grounds of a preschool or child-care facility during the
\n4761 preschool’s or facility’s hours of operation;
\n4762 [(v)] (iv) in a public park, amusement park, arcade, or recreation center when the
\n4763 public or amusement park, arcade, or recreation center is open to the public;
\n4764 [(vi)] (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
\n4765 [(vii) in a shopping mall, sports facility, stadium, arena, theater, movie house,
\n4766 playhouse, or parking lot or structure adjacent thereto;]
\n4767 [(viii)] (vi) in or on the grounds of a library when the library is open to the public;
\n4768 [(ix)] (vii) within any area that is within [1,000] 100 feet of any structure, facility, or
\n4769 grounds included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi)[, and (vii)];
\n4770 [(x)] (viii) in the presence of a person younger than 18 years of age, regardless of
\n4771 where the act occurs; or
\n4772 [(xi)] (ix) for the purpose of facilitating, arranging, or causing the transport, delivery,
\n4773 or distribution of a substance in violation of this section to an inmate or on the grounds of any
\n4774 correctional facility as defined in Section 76-8-311.3.
\n4775 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
\n4776 and shall be imprisoned for a term of not less than five years if the penalty that would
\n4777 otherwise have been established but for this Subsection (4) would have been a first degree
\n4778 felony.
\n4779 (ii) Imposition or execution of the sentence may not be suspended, and the person is
\n4780 not eligible for probation.
\n4781 (c) If the classification that would otherwise have been established would have been
\n4782 less than a first degree felony but for this Subsection (4), a person convicted under this
\n4783 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
\n4784 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
\n4785 (d) (i) If the violation is of Subsection (4)(a)[(xi)](ix):
\n4786 (A) the person may be sentenced to imprisonment for an indeterminate term as
\n4787 provided by law, and the court shall additionally sentence the person convicted for a term of
\n4788 one year to run consecutively and not concurrently; and
\n4789 (B) the court may additionally sentence the person convicted for an indeterminate term
\n4790 not to exceed five years to run consecutively and not concurrently; and
\n4791 (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
\n4792 the mental state required for the commission of an offense, directly or indirectly solicits,
\n4793 requests, commands, coerces, encourages, or intentionally aids another person to commit a
\n4794 violation of Subsection (4)(a)[(xi)](ix).
\n4795 (e) It is not a defense to a prosecution under this Subsection (4) that the actor
\n4796 mistakenly believed the individual to be 18 years of age or older at the time of the offense or
\n4797 was unaware of the individual’s true age; nor that the actor mistakenly believed that the
\n4798 location where the act occurred was not as described in Subsection (4)(a) or was unaware that
\n4799 the location where the act occurred was as described in Subsection (4)(a).
\n4800 (5) Any violation of this chapter for which no penalty is specified is a class B
\n4801 misdemeanor.
\n4802 (6) (a) For purposes of penalty enhancement under Subsections (1)[(b)] and (2)[(c)], a
\n4803 plea of guilty or no contest to a violation or attempted violation of this section or a plea which
\n4804 is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a
\n4805 conviction, even if the charge has been subsequently reduced or dismissed in accordance with
\n4806 the plea in abeyance agreement.
\n4807 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
\n4808 conviction that is:
\n4809 (i) from a separate criminal episode than the current charge; and
\n4810 (ii) from a conviction that is separate from any other conviction used to enhance the
\n4811 current charge.
\n4812 (7) A person may be charged and sentenced for a violation of this section,
\n4813 notwithstanding a charge and sentence for a violation of any other section of this chapter.
\n4814 (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
\n4815 lieu of, any civil or administrative penalty or sanction authorized by law.
\n4816 (b) Where violation of this chapter violates a federal law or the law of another state,
\n4817 conviction or acquittal under federal law or the law of another state for the same act is a bar to
\n4818 prosecution in this state.
\n4819 (9) In any prosecution for a violation of this chapter, evidence or proof which shows a
\n4820 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
\n4821 substance or substances, is prima facie evidence that the person or persons did so with
\n4822 knowledge of the character of the substance or substances.
\n4823 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
\n4824 veterinarian’s professional practice only and not for humans, from prescribing, dispensing, or
\n4825 administering controlled substances or from causing the substances to be administered by an
\n4826 assistant or orderly under the veterinarian’s direction and supervision.
\n4827 (11) Civil or criminal liability may not be imposed under this section on:
\n4828 (a) any person registered under this chapter who manufactures, distributes, or possesses
\n4829 an imitation controlled substance for use as a placebo or investigational new drug by a
\n4830 registered practitioner in the ordinary course of professional practice or research; or
\n4831 (b) any law enforcement officer acting in the course and legitimate scope of the
\n4832 officer’s employment.
\n4833 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
\n4834 as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
\n4835 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
\n4836 as defined in Subsection 58-37-2(1)(w).
\n4837 (b) In a prosecution alleging violation of this section regarding peyote as defined in
\n4838 Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
\n4839 possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
\n4840 connection with the practice of a traditional Indian religion.
\n4841 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
\n4842 defense under this Subsection (12) as soon as practicable, but not later than 10 days prior to
\n4843 trial.
\n4844 (ii) The notice shall include the specific claims of the affirmative defense.
\n4845 (iii) The court may waive the notice requirement in the interest of justice for good
\n4846 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
\n4847 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
\n4848 a preponderance of the evidence. If the defense is established, it is a complete defense to the
\n4849 charges.
\n4850 (13) (a) It is an affirmative defense that the person produced, possessed, or
\n4851 administered a controlled substance listed in Section 58-37-4.2 if the person:
\n4852 (i) was engaged in medical research; and
\n4853 (ii) was a holder of a valid license to possess controlled substances under Section
\n4854 58-37-6.
\n4855 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
\n4856 a controlled substance listed in Section 58-37-4.2.
\n4857 (14) It is an affirmative defense that the person possessed, in the person’s body, a
\n4858 controlled substance listed in Section 58-37-4.2 if:
\n4859 (a) the person was the subject of medical research conducted by a holder of a valid
\n4860 license to possess controlled substances under Section 58-37-6; and
\n4861 (b) the substance was administered to the person by the medical researcher.
\n4862 (15) The application of any increase in penalty under this section to a violation of
\n4863 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
\n4864 Subsection (15) takes precedence over any conflicting provision of this section.
\n4865 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
\n4866 listed in Subsection (16)(b) that the person:
\n4867 (i) reasonably believes that the person or another person is experiencing an overdose
\n4868 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
\n4869 controlled substance or other substance;
\n4870 (ii) reports in good faith the overdose event to a medical provider, an emergency
\n4871 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
\n4872 emergency call system, or an emergency dispatch system, or the person is the subject of a
\n4873 report made under this Subsection (16);
\n4874 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
\n4875 actual location of the overdose event that facilitates responding to the person experiencing the
\n4876 overdose event;
\n4877 (iv) remains at the location of the person experiencing the overdose event until a
\n4878 responding law enforcement officer or emergency medical service provider arrives, or remains
\n4879 at the medical care facility where the person experiencing an overdose event is located until a
\n4880 responding law enforcement officer arrives;
\n4881 (v) cooperates with the responding medical provider, emergency medical service
\n4882 provider, and law enforcement officer, including providing information regarding the person
\n4883 experiencing the overdose event and any substances the person may have injected, inhaled, or
\n4884 otherwise introduced into the person’s body; and
\n4885 (vi) is alleged to have committed the offense in the same course of events from which
\n4886 the reported overdose arose.
\n4887 (b) The offenses referred to in Subsection (16)(a) are:
\n4888 (i) the possession or use of less than 16 ounces of marijuana;
\n4889 (ii) the possession or use of a scheduled or listed controlled substance other than
\n4890 marijuana; and
\n4891 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
\n4892 Imitation Controlled Substances Act.
\n4893 (c) As used in this Subsection (16) and in Section 76-3-203.11, “good faith” does not
\n4894 include seeking medical assistance under this section during the course of a law enforcement
\n4895 agency’s execution of a search warrant, execution of an arrest warrant, or other lawful search.
\n4896 (17) If any provision of this chapter, or the application of any provision to any person
\n4897 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
\n4898 invalid provision or application.
\n4899 (18) A legislative body of a political subdivision may not enact an ordinance that is
\n4900 less restrictive than any provision of this chapter.
\n4901 Section 166. Section 62A-15-102 is amended to read:
\n4902 62A-15-102. Definitions.
\n4903 As used in this chapter:
\n4904 (1) “Criminal risk factors” means a person’s characteristics and behaviors that:
\n4905 (a) affect the person’s risk of engaging in criminal behavior; and
\n4906 (b) are diminished when addressed by effective treatment, supervision, and other
\n4907 support resources, resulting in reduced risk of criminal behavior.
\n4908 [(1)] (2) “Director” means the director of the Division of Substance Abuse and Mental
\n4909 Health.
\n4910 [(2)] (3) “Division” means the Division of Substance Abuse and Mental Health
\n4911 established in Section 62A-15-103.
\n4912 [(3)] (4) “Local mental health authority” means a county legislative body.
\n4913 [(4)] (5) “Local substance abuse authority” means a county legislative body.
\n4914 [(5)] (6) (a) “Public funds” means federal money received from the Department of
\n4915 Human Services or the Department of Health, and state money appropriated by the Legislature
\n4916 to the Department of Human Services, the Department of Health, a county governing body, or a
\n4917 local substance abuse authority, or a local mental health authority for the purposes of providing
\n4918 substance abuse or mental health programs or services.
\n4919 (b) “Public funds” include federal and state money that has been transferred by a local
\n4920 substance abuse authority or a local mental health authority to a private provider under an
\n4921 annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
\n4922 health programs or services for the local substance abuse authority or local mental health
\n4923 authority. The money maintains the nature of “public funds” while in the possession of the
\n4924 private entity that has an annual or otherwise ongoing contract with a local substance abuse
\n4925 authority or a local mental health authority to provide comprehensive substance abuse or
\n4926 mental health programs or services for the local substance abuse authority or local mental
\n4927 health authority.
\n4928 (c) Public funds received for the provision of services pursuant to substance abuse or
\n4929 mental health service plans may not be used for any other purpose except those authorized in
\n4930 the contract between the local mental health or substance abuse authority and provider for the
\n4931 provision of plan services.
\n4932 [(6)] (7) “Severe mental disorder” means schizophrenia, major depression, bipolar
\n4933 disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
\n4934 the division.
\n4935 Section 167. Section 62A-15-103 is amended to read:
\n4936 62A-15-103. Division — Creation — Responsibilities.
\n4937 (1) There is created the Division of Substance Abuse and Mental Health within the
\n4938 department, under the administration and general supervision of the executive director. The
\n4939 division is the substance abuse authority and the mental health authority for this state.
\n4940 (2) The division shall:
\n4941 (a) (i) educate the general public regarding the nature and consequences of substance
\n4942 abuse by promoting school and community-based prevention programs;
\n4943 (ii) render support and assistance to public schools through approved school-based
\n4944 substance abuse education programs aimed at prevention of substance abuse;
\n4945 (iii) promote or establish programs for the prevention of substance abuse within the
\n4946 community setting through community-based prevention programs;
\n4947 (iv) cooperate with and assist treatment centers, recovery residences, and other
\n4948 organizations that provide services to individuals recovering from a substance abuse disorder,
\n4949 by identifying and disseminating information about effective practices and programs;
\n4950 (v) promote integrated programs that address an individual’s substance abuse, mental
\n4951 health, [and] physical [healthcare needs] health, and criminal risk factors;
\n4952 (vi) establish and promote an evidence-based continuum of screening, assessment,
\n4953 prevention, treatment, and recovery support services in the community for individuals with
\n4954 substance abuse and mental illness that addresses criminal risk factors;
\n4955 [(vi)] (vii) evaluate the effectiveness of programs described in Subsection (2);
\n4956 [(vii)] (viii) consider the impact of the programs described in Subsection (2) on:
\n4957 (A) emergency department utilization;
\n4958 (B) jail and prison populations;
\n4959 (C) the homeless population; and
\n4960 (D) the child welfare system; and
\n4961 [(viii)] (ix) promote or establish programs for education and certification of instructors
\n4962 to educate persons convicted of driving under the influence of alcohol or drugs or driving with
\n4963 any measurable controlled substance in the body;
\n4964 (b) (i) collect and disseminate information pertaining to mental health;
\n4965 (ii) provide direction over the state hospital including approval of its budget,
\n4966 administrative policy, and coordination of services with local service plans;
\n4967 (iii) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
\n4968 Rulemaking Act, to educate families concerning mental illness and promote family
\n4969 involvement, when appropriate, and with patient consent, in the treatment program of a family
\n4970 member; and
\n4971 (iv) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
\n4972 Rulemaking Act, to direct that all individuals receiving services through local mental health
\n4973 authorities or the Utah State Hospital be informed about and, if desired, provided assistance in
\n4974 completion of a declaration for mental health treatment in accordance with Section
\n4975 62A-15-1002;
\n4976 (c) (i) consult and coordinate with local substance abuse authorities and local mental
\n4977 health authorities regarding programs and services;
\n4978 (ii) provide consultation and other assistance to public and private agencies and groups
\n4979 working on substance abuse and mental health issues;
\n4980 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
\n4981 medical and social agencies, public health authorities, law enforcement agencies, education and
\n4982 research organizations, and other related groups;
\n4983 (iv) promote or conduct research on substance abuse and mental health issues, and
\n4984 submit to the governor and the Legislature recommendations for changes in policy and
\n4985 legislation;
\n4986 (v) receive, distribute, and provide direction over public funds for substance abuse and
\n4987 mental health services;
\n4988 (vi) monitor and evaluate programs provided by local substance abuse authorities and
\n4989 local mental health authorities;
\n4990 (vii) examine expenditures of any local, state, and federal funds;
\n4991 (viii) monitor the expenditure of public funds by:
\n4992 (A) local substance abuse authorities;
\n4993 (B) local mental health authorities; and
\n4994 (C) in counties where they exist, the private contract provider that has an annual or
\n4995 otherwise ongoing contract to provide comprehensive substance abuse or mental health
\n4996 programs or services for the local substance abuse authority or local mental health authorities;
\n4997 (ix) contract with local substance abuse authorities and local mental health authorities
\n4998 to provide a comprehensive continuum of services that include community-based services for
\n4999 individuals involved in the criminal justice system, in accordance with division policy, contract
\n5000 provisions, and the local plan;
\n5001 (x) contract with private and public entities for special statewide or nonclinical
\n5002 services, or services for individuals involved in the criminal justice system, according to
\n5003 division rules;
\n5004 (xi) review and approve each local substance abuse authority’s plan and each local
\n5005 mental health authority’s plan in order to ensure:
\n5006 (A) a statewide comprehensive continuum of substance abuse services;
\n5007 (B) a statewide comprehensive continuum of mental health services;
\n5008 (C) services result in improved overall health and functioning; [and]
\n5009 (D) a statewide comprehensive continuum of community-based services designed to
\n5010 reduce criminal risk factors for individuals who are determined to have substance abuse or
\n5011 mental illness conditions or both, and who are involved in the criminal justice system;
\n5012 (E) compliance, where appropriate, with the certification requirements in Subsection
\n5013 (2)(i); and
\n5014 [(D)] (F) appropriate expenditure of public funds;
\n5015 (xii) review and make recommendations regarding each local substance abuse
\n5016 authority’s contract with its provider of substance abuse programs and services and each local
\n5017 mental health authority’s contract with its provider of mental health programs and services to
\n5018 ensure compliance with state and federal law and policy;
\n5019 (xiii) monitor and ensure compliance with division rules and contract requirements;
\n5020 and
\n5021 (xiv) withhold funds from local substance abuse authorities, local mental health
\n5022 authorities, and public and private providers for contract noncompliance, failure to comply
\n5023 with division directives regarding the use of public funds, or for misuse of public funds or
\n5024 money;
\n5025 (d) assure that the requirements of this part are met and applied uniformly by local
\n5026 substance abuse authorities and local mental health authorities across the state;
\n5027 (e) require each local substance abuse authority and each local mental health authority
\n5028 to submit its plan to the division by May 1 of each year;
\n5029 (f) conduct an annual program audit and review of each local substance abuse authority
\n5030 in the state and its contract provider and each local mental health authority in the state and its
\n5031 contract provider, including:
\n5032 (i) a review and determination regarding whether:
\n5033 (A) public funds allocated to local substance abuse authorities and local mental health
\n5034 authorities are consistent with services rendered and outcomes reported by them or their
\n5035 contract providers; and
\n5036 (B) each local substance abuse authority and each local mental health authority is
\n5037 exercising sufficient oversight and control over public funds allocated for substance abuse and
\n5038 mental health programs and services; and
\n5039 (ii) items determined by the division to be necessary and appropriate; and
\n5040 (g) define “prevention” by rule as required under Title 32B, Chapter 2, Part 4,
\n5041 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account
\n5042 Act[.];
\n5043 (h) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
\n5044 Rulemaking Act, minimum standards and requirements for the provision of substance abuse
\n5045 and mental health treatment to individuals who are required to participate in treatment by the
\n5046 court or the Board of Pardons and Parole, or who are incarcerated, including:
\n5047 (i) collaboration with the Department of Corrections, the Utah Substance Abuse
\n5048 Advisory Council to develop and coordinate the standards, including standards for county and
\n5049 state programs serving individuals convicted of class A and class B misdemeanors;
\n5050 (ii) determining that the standards ensure available treatment includes the most current
\n5051 practices and procedures demonstrated by recognized scientific research to reduce recidivism,
\n5052 including focus on the individual’s criminal risk factors; and
\n5053 (iii) requiring that all public and private treatment programs meet the standards
\n5054 established under this Subsection (2)(h) in order to receive public funds allocated to the
\n5055 division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
\n5056 for the costs of providing screening, assessment, prevention, treatment, and recovery support;
\n5057 (i) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
\n5058 Rulemaking Act, the requirements and procedures for the certification of licensed public and
\n5059 private providers who provide, as part of their practice, substance abuse and mental health
\n5060 treatment to individuals involved in the criminal justice system, including:
\n5061 (i) collaboration with the Department of Corrections, the Utah Substance Abuse
\n5062 Advisory Council, and the Utah Association of Counties to develop, coordinate, and implement
\n5063 the certification process;
\n5064 (ii) basing the certification process on the standards developed under Subsection (2)(h)
\n5065 for the treatment of individuals involved in the criminal justice system; and
\n5066 (iii) the requirement that all public and private providers of treatment to individuals
\n5067 involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
\n5068 shall renew the certification every two years, in order to qualify for funds allocated to the
\n5069 division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
\n5070 on or after July 1, 2016;
\n5071 (j) collaboration with the Commission on Criminal and Juvenile Justice to analyze and
\n5072 provide recommendations to the Legislature regarding:
\n5073 (i) pretrial services and the resources needed for the reduced recidivism efforts;
\n5074 (ii) county jail and county behavioral health early-assessment resources needed for
\n5075 offenders convicted of a class A or class B misdemeanor; and
\n5076 (iii) the replacement of federal dollars associated with drug interdiction law
\n5077 enforcement task forces that are reduced;
\n5078 (k) (i) establish performance goals and outcome measurements for all treatment
\n5079 programs for which minimum standards are established under Subsection (2)(h), including
\n5080 recidivism data and data regarding cost savings associated with recidivism reduction and the
\n5081 reduction in the number of inmates, that are obtained in collaboration with the Administrative
\n5082 Office of the Courts and the Department of Corrections; and
\n5083 (ii) collect data to track and determine whether the goals and measurements are being
\n5084 attained and make this information available to the public;
\n5085 (l) in its discretion, use the data to make decisions regarding the use of funds allocated
\n5086 to the division, the Administrative Office of the Courts, and the Department of Corrections to
\n5087 provide treatment for which standards are established under Subsection (2)(h); and
\n5088 (m) annually, on or before August 31, submit the data collected under Subsection (2)(j)
\n5089 to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
\n5090 based on the data and provide the report to the legislative Judiciary Interim Committee, the
\n5091 Health and Human Services Interim Committee, the Law Enforcement and Criminal Justice
\n5092 Interim Committee, and the related appropriations subcommittees.
\n5093 (3) (a) The division may refuse to contract with and may pursue its legal remedies
\n5094 against any local substance abuse authority or local mental health authority that fails, or has
\n5095 failed, to expend public funds in accordance with state law, division policy, contract
\n5096 provisions, or directives issued in accordance with state law.
\n5097 (b) The division may withhold funds from a local substance abuse authority or local
\n5098 mental health authority if the authority’s contract with its provider of substance abuse or mental
\n5099 health programs or services fails to comply with state and federal law or policy.
\n5100 (4) Before reissuing or renewing a contract with any local substance abuse authority or
\n5101 local mental health authority, the division shall review and determine whether the local
\n5102 substance abuse authority or local mental health authority is complying with its oversight and
\n5103 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
\n5104 17-43-309. Nothing in this Subsection (4) may be used as a defense to the responsibility and
\n5105 liability described in Section 17-43-303 and to the responsibility and liability described in
\n5106 Section 17-43-203.
\n5107 (5) In carrying out its duties and responsibilities, the division may not duplicate
\n5108 treatment or educational facilities that exist in other divisions or departments of the state, but
\n5109 shall work in conjunction with those divisions and departments in rendering the treatment or
\n5110 educational services that those divisions and departments are competent and able to provide.
\n5111 (6) The division may accept in the name of and on behalf of the state donations, gifts,
\n5112 devises, or bequests of real or personal property or services to be used as specified by the
\n5113 donor.
\n5114 (7) The division shall annually review with each local substance abuse authority and
\n5115 each local mental health authority the authority’s statutory and contract responsibilities
\n5116 regarding:
\n5117 (a) the use of public funds;
\n5118 (b) oversight responsibilities regarding public funds; and
\n5119 (c) governance of substance abuse and mental health programs and services.
\n5120 (8) The Legislature may refuse to appropriate funds to the division upon the division’s
\n5121 failure to comply with the provisions of this part.
\n5122 (9) If a local substance abuse authority contacts the division under Subsection
\n5123 17-43-201(9) for assistance in providing treatment services to a pregnant woman or pregnant
\n5124 minor, the division shall:
\n5125 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
\n5126 capacity to provide the treatment services; or
\n5127 (b) otherwise ensure that treatment services are made available to the pregnant woman
\n5128 or pregnant minor.
\n5129 Section 168. Section 63M-7-204 is amended to read:
\n5130 63M-7-204. Duties of commission.
\n5131 The State Commission on Criminal and Juvenile Justice administration shall:
\n5132 (1) promote the commission’s purposes as enumerated in Section 63M-7-201;
\n5133 (2) promote the communication and coordination of all criminal and juvenile justice
\n5134 agencies;
\n5135 (3) study, evaluate, and report on the status of crime in the state and on the
\n5136 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
\n5137 reduction of crime in the state;
\n5138 (4) study, evaluate, and report on programs initiated by state and local agencies to
\n5139 address reducing recidivism, including changes in penalties and sentencing guidelines intended
\n5140 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
\n5141 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
\n5142 alternative to incarceration, as resources allow;
\n5143 [(4)] (5) study, evaluate, and report on policies, procedures, and programs of other
\n5144 jurisdictions which have effectively reduced crime;
\n5145 [(5)] (6) identify and promote the implementation of specific policies and programs the
\n5146 commission determines will significantly reduce crime in Utah;
\n5147 [(6)] (7) provide analysis and recommendations on all criminal and juvenile justice
\n5148 legislation, state budget, and facility requests, including program and fiscal impact on all
\n5149 components of the criminal and juvenile justice system;
\n5150 [(7)] (8) provide analysis, accountability, recommendations, and supervision for state
\n5151 and federal criminal justice grant money;
\n5152 [(8)] (9) provide public information on the criminal and juvenile justice system and
\n5153 give technical assistance to agencies or local units of government on methods to promote
\n5154 public awareness;
\n5155 [(9)] (10) promote research and program evaluation as an integral part of the criminal
\n5156 and juvenile justice system;
\n5157 [(10)] (11) provide a comprehensive criminal justice plan annually;
\n5158 [(11)] (12) review agency forecasts regarding future demands on the criminal and
\n5159 juvenile justice systems, including specific projections for secure bed space;
\n5160 [(12)] (13) promote the development of criminal and juvenile justice information
\n5161 systems that are consistent with common standards for data storage and are capable of
\n5162 appropriately sharing information with other criminal justice information systems by:
\n5163 (a) developing and maintaining common data standards for use by all state criminal
\n5164 justice agencies;
\n5165 (b) annually performing audits of criminal history record information maintained by
\n5166 state criminal justice agencies to assess their accuracy, completeness, and adherence to
\n5167 standards;
\n5168 (c) defining and developing state and local programs and projects associated with the
\n5169 improvement of information management for law enforcement and the administration of
\n5170 justice; and
\n5171 (d) establishing general policies concerning criminal and juvenile justice information
\n5172 systems and making rules as necessary to carry out the duties under this Subsection [(12)] (13)
\n5173 and Subsection [(10)] (11);
\n5174 [(13)] (14) allocate and administer grants, from money made available, for approved
\n5175 education programs to help prevent the sexual exploitation of children; [and]
\n5176 [(14)] (15) allocate and administer grants funded from money from the Law
\n5177 Enforcement Operations Account created in Section 51-9-411 for law enforcement operations
\n5178 and programs related to reducing illegal drug activity and related criminal activity[.];
\n5179 (16) request, receive, and evaluate data and recommendations collected and reported by
\n5180 agencies and contractors related to policies recommended by the commission regarding
\n5181 recidivism reduction; and
\n5182 (17) establish and administer a performance incentive grant program that allocates
\n5183 funds appropriated by the Legislature to programs and practices implemented by counties that
\n5184 reduce recidivism and reduce the number of offenders per capita who are incarcerated.
\n5185 Section 169. Section 63M-7-404 is amended to read:
\n5186 63M-7-404. Purpose — Duties.
\n5187 (1) The purpose of the commission shall be to develop guidelines and propose
\n5188 recommendations to the Legislature, the governor, and the Judicial Council about the
\n5189 sentencing and release of juvenile and adult offenders in order to:
\n5190 [(1)] (a) respond to public comment;
\n5191 [(2)] (b) relate sentencing practices and correctional resources;
\n5192 [(3)] (c) increase equity in criminal sentencing;
\n5193 [(4)] (d) better define responsibility in criminal sentencing; and
\n5194 [(5)] (e) enhance the discretion of sentencing judges while preserving the role of the
\n5195 Board of Pardons and Parole and the Youth Parole Authority.
\n5196 (2) (a) The commission shall modify the sentencing guidelines for adult offenders to
\n5197 implement the recommendations of the Commission on Criminal and Juvenile Justice for
\n5198 reducing recidivism.
\n5199 (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
\n5200 the public and ensuring efficient use of state funds.
\n5201 (3) (a) The commission shall modify the criminal history score in the sentencing
\n5202 guidelines for adult offenders to implement the recommendations of the Commission on
\n5203 Criminal and Juvenile Justice for reducing recidivism.
\n5204 (b) The modifications to the criminal history score under Subsection (3)(a) shall
\n5205 include factors in an offender’s criminal history that are relevant to the accurate determination
\n5206 of an individual’s risk of offending again.
\n5207 (4) (a) The commission shall establish sentencing guidelines for periods of
\n5208 incarceration for individuals who are on probation and:
\n5209 (i) who have violated one or more conditions of probation; and
\n5210 (ii) whose probation has been revoked by the court.
\n5211 (b) The guidelines shall consider the seriousness of the violation of the conditions of
\n5212 probation, the probationer’s conduct while on probation, and the probationer’s criminal history.
\n5213 (5) (a) The commission shall establish sentencing guidelines for periods of
\n5214 incarceration for individuals who are on parole and:
\n5215 (i) who have violated a condition of parole; and
\n5216 (ii) whose parole has been revoked by the Board of Pardons and Parole.
\n5217 (b) The guidelines shall consider the seriousness of the violation of the conditions of
\n5218 parole, the individual’s conduct while on parole, and the individual’s criminal history.
\n5219 (6) The commission shall establish graduated sanctions to facilitate the prompt and
\n5220 effective response to an individual’s violation of the terms of probation or parole by the adult
\n5221 probation and parole section of the Department of Corrections in order to implement the
\n5222 recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
\n5223 including:
\n5224 (a) sanctions to be used in response to a violation of the terms of probation or parole;
\n5225 (b) when violations should be reported to the court or the Board of Pardons and Parole;
\n5226 and
\n5227 (c) a range of sanctions that may not exceed a period of incarceration of more than:
\n5228 (i) three consecutive days; and
\n5229 (ii) a total of five days in a period of 30 days.
\n5230 (7) The commission shall establish graduated incentives to facilitate a prompt and
\n5231 effective response by the adult probation and parole section of the Department of Corrections
\n5232 to an offender’s:
\n5233 (a) compliance with the terms of probation or parole; and
\n5234 (b) positive conduct that exceeds those terms.
\n5235 Section 170. Section 64-13-1 is amended to read:
\n5236 64-13-1. Definitions.
\n5237 As used in this chapter:
\n5238 (1) “Case action plan” means a document developed by the Department of Corrections
\n5239 that identifies the program priorities for the treatment of the offender, including the criminal
\n5240 risk factors as determined by a risk and needs assessment conducted by the department.
\n5241 [(1)] (2) “Community correctional center” means a nonsecure correctional facility
\n5242 operated:
\n5243 (a) by the department; or
\n5244 (b) under a contract with the department.
\n5245 [(2)] (3) “Correctional facility” means any facility operated to house offenders, either in
\n5246 a secure or nonsecure setting:
\n5247 (a) by the department; or
\n5248 (b) under a contract with the department.
\n5249 (4) “Criminal risk factors” means a person’s characteristics and behaviors that:
\n5250 (a) affect that person’s risk of engaging in criminal behavior; and
\n5251 (b) are diminished when addressed by effective treatment, supervision, and other
\n5252 support resources, resulting in a reduced risk of criminal behavior.
\n5253 [(3)] (5) “Department” means the Department of Corrections.
\n5254 [(4)] (6) “Emergency” means any riot, disturbance, homicide, inmate violence
\n5255 occurring in any correctional facility, or any situation that presents immediate danger to the
\n5256 safety, security, and control of the department.
\n5257 [(5)] (7) “Executive director” means the executive director of the Department of
\n5258 Corrections.
\n5259 [(6)] (8) “Inmate” means any person who is committed to the custody of the department
\n5260 and who is housed at a correctional facility or at a county jail at the request of the department.
\n5261 [(7)] (9) “Offender” means any person who has been convicted of a crime for which he
\n5262 may be committed to the custody of the department and is at least one of the following:
\n5263 (a) committed to the custody of the department;
\n5264 (b) on probation; or
\n5265 (c) on parole.
\n5266 (10) “Risk and needs assessment” means an actuarial tool validated on criminal
\n5267 offenders that determines:
\n5268 (a) an individual’s risk of reoffending; and
\n5269 (b) the criminal risk factors that, when addressed, reduce the individual’s risk of
\n5270 reoffending.
\n5271 [(8)] (11) “Secure correctional facility” means any prison, penitentiary, or other
\n5272 institution operated by the department or under contract for the confinement of offenders,
\n5273 where force may be used to restrain them if they attempt to leave the institution without
\n5274 authorization.
\n5275 Section 171. Section 64-13-6 is amended to read:
\n5276 64-13-6. Department duties.
\n5277 (1) The department shall:
\n5278 (a) protect the public through institutional care and confinement, and supervision in the
\n5279 community of offenders where appropriate;
\n5280 (b) implement court-ordered punishment of offenders;
\n5281 (c) provide program opportunities for offenders;
\n5282 (d) provide treatment for sex offenders who are found to be treatable based upon
\n5283 criteria developed by the department;
\n5284 (e) provide the results of ongoing assessment of sex offenders and objective diagnostic
\n5285 testing to sentencing and release authorities;
\n5286 (f) manage programs that take into account the needs and interests of victims, where
\n5287 reasonable;
\n5288 (g) supervise probationers and parolees as directed by statute and implemented by the
\n5289 courts and the Board of Pardons and Parole;
\n5290 (h) subject to Subsection (2), investigate criminal conduct involving offenders
\n5291 incarcerated in a state correctional facility;
\n5292 (i) cooperate and exchange information with other state, local, and federal law
\n5293 enforcement agencies to achieve greater success in prevention and detection of crime and
\n5294 apprehension of criminals; [and]
\n5295 (j) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
\n5296 Offender Supervision[.]; and
\n5297 (k) establish a case action plan for each offender as follows:
\n5298 (i) if an offender is to be supervised in the community, the case action plan shall be
\n5299 established for the offender not more than 90 days after supervision by the department begins;
\n5300 and
\n5301 (ii) if the offender is committed to the custody of the department, the case action plan
\n5302 shall be established for the offender not more than 120 days after the commitment.
\n5303 (2) The department may in the course of supervising probationers and parolees:
\n5304 (a) impose graduated sanctions, as established by the Utah Sentencing Commission
\n5305 under Subsection 63M-7-404(6), for an individual’s violation of one or more terms of the
\n5306 probation or parole; and
\n5307 (b) upon approval by the court or the Board of Pardons and Parole, impose as a
\n5308 sanction for an individual’s violation of the terms of probation or parole a period of
\n5309 incarceration of not more than three consecutive days and not more than a total of five days
\n5310 within a period of 30 days.
\n5311 [(2)] (3) (a) By following the procedures in Subsection [(2)] (3)(b), the department may
\n5312 investigate the following occurrences at state correctional facilities:
\n5313 (i) criminal conduct of departmental employees;
\n5314 (ii) felony crimes resulting in serious bodily injury;
\n5315 (iii) death of any person; or
\n5316 (iv) aggravated kidnaping.
\n5317 (b) Prior to investigating any occurrence specified in Subsection [(2)] (3)(a), the
\n5318 department shall:
\n5319 (i) notify the sheriff or other appropriate law enforcement agency promptly after
\n5320 ascertaining facts sufficient to believe an occurrence specified in Subsection [(2)] (3)(a) has
\n5321 occurred; and
\n5322 (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
\n5323 conduct an investigation involving an occurrence specified in Subsection [(2)] (3)(a).
\n5324 [(3)] (4) Upon request, the department shall provide copies of investigative reports of
\n5325 criminal conduct to the sheriff or other appropriate law enforcement agencies.
\n5326 [(4)] (5) The department shall provide data to the Commission on Criminal and
\n5327 Juvenile Justice to show the criteria for determining sex offender treatability, the
\n5328 implementation and effectiveness of sex offender treatment, and the results of ongoing
\n5329 assessment and objective diagnostic testing. The Commission on Criminal and Juvenile
\n5330 Justice shall then report these data in writing to the Judiciary Interim Committee, if requested
\n5331 by the committee, and to the appropriate appropriations subcommittee annually.
\n5332 [(5)] (6) The Department of Corrections shall collect accounts receivable ordered by
\n5333 the district court as a result of prosecution for a criminal offense according to the requirements
\n5334 and during the time periods established in Subsection 77-18-1(9).
\n5335 Section 172. Section 64-13-7.5 is amended to read:
\n5336 64-13-7.5. Persons in need of mental health services — Contracts.
\n5337 (1) Except as provided for in Subsection (2), when the department determines that a
\n5338 person in its custody is in need of mental health services, the department shall contract with the
\n5339 Division of Substance Abuse and Mental Health, local mental health authorities, or the state
\n5340 hospital to provide mental health services for that person. Those services may be provided at
\n5341 the Utah State Hospital or in community programs provided by or under contract with the
\n5342 Division of Substance Abuse and Mental Health, a local mental health authority, or other
\n5343 public or private mental health care providers.
\n5344 (2) (a) If the Division of Substance Abuse and Mental Health, a local mental health
\n5345 authority, or the state hospital notifies the department that it is unable to provide mental health
\n5346 services under Subsection (1), the department may contract with other public or private mental
\n5347 health care providers to provide mental health services for persons in its custody.
\n5348 (b) The standards established by rule under Section 64-13-25 apply to the public or
\n5349 private mental health care providers with whom the department contracts under this Subsection
\n5350 (2).
\n5351 (3) A person who provides mental health services for sex offender treatment as
\n5352 required in Section 64-13-6 shall be licensed as a mental health professional in accordance with
\n5353 Title 58, Chapter 60, Mental Health Professional Practice Act, or Title 58, Chapter 61,
\n5354 Psychologist Licensing Act, and exhibit competency to practice in the area of sex offender
\n5355 treatment based on education, training, and practice.
\n5356 Section 173. Section 64-13-10.5 is enacted to read:
\n5357 64-13-10.5. Transition and reentry of inmates at termination of incarceration.
\n5358 (1) The department shall evaluate the case action plan and update the case action plan
\n5359 as necessary to prepare for the offender’s transition from incarceration to release, including:
\n5360 (a) establishing the supervision level and program needs, based on the offender’s
\n5361 criminal risk factors;
\n5362 (b) identifying barriers to the offender’s ability to obtain housing, food, clothing, and
\n5363 transportation;
\n5364 (c) identifying community-based treatment resources that are reasonably accessible to
\n5365 the offender; and
\n5366 (d) establishing the initial supervision procedures and strategy for the offender’s parole
\n5367 officer.
\n5368 (2) The department shall notify the Board of Pardons and Parole not fewer than 30 days
\n5369 prior to an offender’s release of:
\n5370 (a) the offender’s case action plan; and
\n5371 (b) any specific conditions of parole necessary to better facilitate transition to the
\n5372 community.
\n5373 Section 174. Section 64-13-14.5 is amended to read:
\n5374 64-13-14.5. Limits of confinement place — Release status — Work release.
\n5375 (1) The department may extend the limits of the place of confinement of an inmate
\n5376 when, as established by department policies and procedures, there is cause to believe the
\n5377 inmate will honor [his] the trust, by authorizing [him] the inmate under prescribed conditions:
\n5378 (a) to leave temporarily for purposes specified by department policies and procedures
\n5379 to visit specifically designated places for a period not to exceed 30 days;
\n5380 (b) to participate in a voluntary training program in the community while housed at a
\n5381 correctional facility or to work at paid employment;
\n5382 (c) to be housed in a nonsecure community correctional center operated by the
\n5383 department; or
\n5384 (d) to be housed in any other facility under contract with the department.
\n5385 (2) The department shall establish rules governing offenders on release status. A copy
\n5386 of the rules shall be furnished to the offender and to any employer or other person participating
\n5387 in the offender’s release program. Any employer or other participating person shall agree in
\n5388 writing to abide by the rules and to notify the department of the offender’s discharge or other
\n5389 release from a release program activity, or of any violation of the rules governing release status.
\n5390 (3) The willful failure of an inmate to remain within the extended limits of his
\n5391 confinement or to return within the time prescribed to an institution or facility designated by
\n5392 the department is an escape from custody.
\n5393 (4) If an offender is arrested for the commission of a crime, the arresting authority shall
\n5394 immediately notify the department of the arrest.
\n5395 (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
\n5396 upon offenders who violate [rules] guidelines established by the Utah Sentencing Commission,
\n5397 including prosecution for escape under Section 76-8-309 and for unauthorized absence.
\n5398 (6) An inmate who is housed at a nonsecure correctional facility and on work release
\n5399 may not be required to work for less than the current federally established minimum wage, or
\n5400 under substandard working conditions.
\n5401 Section 175. Section 64-13-21 is amended to read:
\n5402 64-13-21. Supervision of sentenced offenders placed in community — Rulemaking
\n5403 — POST certified parole or probation officers and peace officers — Duties — Supervision
\n5404 fee.
\n5405 (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
\n5406 offenders placed in the community on probation by the courts, on parole by the Board of
\n5407 Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
\n5408 Compact for the Supervision of Parolees and Probationers.
\n5409 (b) Standards for the supervision of offenders shall be established by the department in
\n5410 accordance with [Title 63G, Chapter 3, Utah Administrative Rulemaking Act] sentencing
\n5411 guidelines, including the graduated sanctions matrix, established by the Utah Sentencing
\n5412 Commission, giving priority, based on available resources, to felony offenders and offenders
\n5413 sentenced pursuant to Subsection 58-37-8(2)(b)(ii).
\n5414 (2) The department shall apply graduated sanctions established by the Utah Sentencing
\n5415 Commission to facilitate a prompt and appropriate response to an individual’s violation of the
\n5416 terms of probation or parole, including:
\n5417 (a) sanctions to be used in response to a violation of the terms of probation or parole;
\n5418 and
\n5419 (b) requesting approval from the court or Board of Pardons and Parole to impose a
\n5420 sanction for an individual’s violation of the terms of probation or parole, for a period of
\n5421 incarceration of not more than three consecutive days and not more than a total of five days
\n5422 within a period of 30 days.
\n5423 (3) The department shall implement a program of graduated incentives as established
\n5424 by the Utah Sentencing Commission to facilitate the department’s prompt and appropriate
\n5425 response to an offender’s:
\n5426 (a) compliance with the terms of probation or parole; or
\n5427 (b) positive conduct that exceeds those terms.
\n5428 (4) (a) The department shall, in collaboration with the Commission on Criminal and
\n5429 Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards and
\n5430 procedures for the collection of information, including cost savings related to recidivism
\n5431 reduction and the reduction in the number of inmates, related to the use of the graduated
\n5432 sanctions and incentives, and offenders’ outcomes.
\n5433 (b) The collected information shall be provided to the Commission on Criminal and
\n5434 Juvenile Justice not less frequently than annually on or before August 31.
\n5435 [(2)] (5) Employees of the department who are POST certified as law enforcement
\n5436 officers or correctional officers and who are designated as parole and probation officers by the
\n5437 executive director have the following duties:
\n5438 (a) monitoring, investigating, and supervising a parolee’s or probationer’s compliance
\n5439 with the conditions of the parole or probation agreement;
\n5440 (b) investigating or apprehending any offender who has escaped from the custody of
\n5441 the department or absconded from supervision;
\n5442 (c) providing investigative services for the courts, the department, or the Board of
\n5443 Pardons and Parole;
\n5444 (d) supervising any offender during transportation; or
\n5445 (e) collecting DNA specimens when the specimens are required under Section
\n5446 53-10-404.
\n5447 [(3)] (6) (a) A monthly supervision fee of $30 shall be collected from each offender on
\n5448 probation or parole. The fee may be suspended or waived by the department upon a showing
\n5449 by the offender that imposition would create a substantial hardship or if the offender owes
\n5450 restitution to a victim.
\n5451 (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
\n5452 Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
\n5453 supervision fee and the circumstances under which an offender may request a hearing.
\n5454 (ii) In determining whether the imposition of the supervision fee would constitute a
\n5455 substantial hardship, the department shall consider the financial resources of the offender and
\n5456 the burden that the fee would impose, with regard to the offender’s other obligations.
\n5457 (7) (a) The department shall establish a program allowing an offender on probation
\n5458 under Section 77-18-1 or on parole under Subsection 76-3-202(1)(a) to earn credits for the
\n5459 offender’s compliance with the terms of the offender’s probation or parole, which shall be
\n5460 applied to reducing the period of probation or parole as provided in this Subsection (7).
\n5461 (b) The program shall provide that an offender earns a reduction credit of 30 days from
\n5462 the offender’s period of probation or parole for each month the offender completes without any
\n5463 violation of the terms of the offender’s probation or parole agreement, including the case action
\n5464 plan.
\n5465 (c) The department shall maintain a record of credits earned by an offender under this
\n5466 Subsection (7) and shall request from the court or the Board of Pardons and Parole the
\n5467 termination of probation or parole not fewer than 30 days prior to the termination date that
\n5468 reflects the credits earned under this Subsection (7).
\n5469 (d) This Subsection (7) does not prohibit the department from requesting a termination
\n5470 date earlier than the termination date established by earned credits under Subsection (7)(c).
\n5471 (e) The court or the Board of Pardons and Parole shall terminate an offender’s
\n5472 probation or parole upon completion of the period of probation or parole accrued by time
\n5473 served and credits earned under this Subsection (7) unless the court or the Board of Pardons
\n5474 and Parole finds that termination would interrupt the completion of a necessary treatment
\n5475 program, in which case the termination of probation or parole shall occur when the treatment
\n5476 program is completed.
\n5477 (f) The department shall report annually to the Commission on Criminal and Juvenile
\n5478 Justice on or before August 31:
\n5479 (i) the number of offenders who have earned probation or parole credits under this
\n5480 Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
\n5481 offenders on probation or parole during that time that this number represents;
\n5482 (ii) the average number of credits earned by those offenders who earned credits;
\n5483 (iii) the number of offenders who earned credits by county of residence while on
\n5484 probation or parole;
\n5485 (iv) the cost savings associated with sentencing reform programs and practices; and
\n5486 (v) a description of how the savings will be invested in treatment and
\n5487 early-intervention programs and practices at the county and state levels.
\n5488 Section 176. Section 64-13-25 is amended to read:
\n5489 64-13-25. Standards for programs — Audits.
\n5490 (1) To promote accountability and to ensure safe and professional operation of
\n5491 correctional programs, the department shall establish minimum standards for the organization
\n5492 and operation of its programs, including collaborating with the Department of Human Services
\n5493 to establish minimum standards for programs providing assistance for individuals involved in
\n5494 the criminal justice system.
\n5495 (a) The standards shall be promulgated according to state rulemaking provisions.
\n5496 Those standards that apply to offenders are exempt from the provisions of Title 63G, Chapter
\n5497 3, the Utah Administrative Rulemaking Act. Offenders are not a class of persons under that
\n5498 act.
\n5499 (b) Standards shall provide for inquiring into and processing offender complaints.
\n5500 (c) (i) The department shall establish minimum standards and qualifications for
\n5501 treatment programs provided in county jails to which persons committed to the state prison are
\n5502 placed by jail contract under Section 64-13e-103.
\n5503 (ii) In establishing the standards and qualifications for the treatment programs, the
\n5504 department shall:
\n5505 (A) consult and collaborate with the county sheriffs and the Division of Substance
\n5506 Abuse and Mental Health; and
\n5507 (B) include programs demonstrated by recognized scientific research to reduce
\n5508 recidivism by addressing an offender’s criminal risk factors as determined by a risk and needs
\n5509 assessment.
\n5510 (iii) All jails contracting to house offenders committed to the state prison shall meet the
\n5511 minimum standards for treatment programs as established under this Subsection (1)(c).
\n5512 (d) (i) The department shall establish minimum standards of treatment for sex
\n5513 offenders, which shall include the requirements under Subsection 64-13-7.5(3) regarding
\n5514 licensure and competency.
\n5515 (ii) The standards shall require the use of the most current best practices demonstrated
\n5516 by recognized scientific research to address an offender’s criminal risk factors.
\n5517 (iii) The department shall collaborate with the Division of Substance Abuse and
\n5518 Mental Health to develop and effectively distribute the standards to jails and to mental health
\n5519 professionals who desire to provide mental health treatment for sex offenders.
\n5520 (iv) The department shall establish the standards by administrative rule pursuant to
\n5521 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
\n5522 (2) [There shall be] The department shall establish an audit for compliance with
\n5523 standards established under this section according to policies and procedures established by the
\n5524 department, for continued operation of correctional and treatment programs provided to
\n5525 offenders committed to the department’s custody, including inmates housed in county jails by
\n5526 contract with the Department of Corrections.
\n5527 (a) At least every three years, the department shall internally audit all programs for
\n5528 compliance with established standards.
\n5529 (b) All financial statements and accounts of the department shall be reviewed during
\n5530 the audit. Written review shall be provided to the managers of the programs and the executive
\n5531 director of the department.
\n5532 (c) The reports shall be classified as confidential internal working papers and access is
\n5533 available at the discretion of the executive director or the governor, or upon court order.
\n5534 (3) The department shall establish a certification program for public and private
\n5535 providers of treatment for sex offenders on probation or parole that requires the providers’ sex
\n5536 offender treatment practices meet the standards and practices established under Subsection
\n5537 (1)(d) to reduce sex offender recidivism.
\n5538 (a) The department shall collaborate with the Division of Substance Abuse and Mental
\n5539 Health to develop, coordinate, and implement the certification program.
\n5540 (b) The certification program shall be based on the standards under Subsection (1)(d)
\n5541 and shall require renewal of certification every two years.
\n5542 (c) All public and private providers of sex offender treatment, including those
\n5543 providing treatment to offenders housed in county jails by contract under Section 64-13e-103,
\n5544 shall comply with these standards on and after July 1, 2016, in order to begin receiving or
\n5545 continue receiving payment from the department to provide sex offender treatment on or after
\n5546 July 1, 2016.
\n5547 (d) The department shall establish the certification program by administrative rule
\n5548 pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
\n5549 (4) The department shall establish performance goals and outcome measurements for
\n5550 all programs that are subject to the minimum standards established under this section and shall
\n5551 collect data to analyze and evaluate whether the goals and measurements are attained.
\n5552 (a) The department shall collaborate with the Division of Substance Abuse and Mental
\n5553 Health to develop and coordinate the performance goals and outcome measurements, including
\n5554 recidivism rates and treatment success and failure rates.
\n5555 (b) The department may use these data to make decisions on the use of funds to
\n5556 provide treatment for which standards are established under this section.
\n5557 (c) The department shall collaborate with the Division of Substance Abuse and Mental
\n5558 Health to track a subgroup of participants to determine if there is a net positive result from the
\n5559 use of treatment as an alternative to incarceration.
\n5560 (d) The department shall collaborate with the Division of Substance Abuse and Mental
\n5561 Health to evaluate the costs, including any additional costs, and the resources needed to attain
\n5562 the performance goals established for the use of treatment as an alternative to incarceration.
\n5563 (e) The department shall annually provide data collected under this Subsection (4) to
\n5564 the Commission on Criminal and Juvenile Justice on or before August 31. The commission
\n5565 shall compile a written report of the findings based on the data and shall provide the report to
\n5566 the legislative Judiciary Interim Committee, the Health and Human Services Interim
\n5567 Committee, the Law Enforcement and Criminal Justice Interim Committee, and the related
\n5568 appropriations subcommittees.
\n5569 Section 177. Section 64-13-26 is amended to read:
\n5570 64-13-26. Private providers of services.
\n5571 (1) The department may contract with private providers or other agencies for the
\n5572 provision of care, treatment, and supervision of offenders committed to the care and custody of
\n5573 the department.
\n5574 (2) (a) The department shall:
\n5575 (i) establish standards for the operation of the programs; [and]
\n5576 (ii) establish standards pursuant to Section 64-13-25 regarding program standards; and
\n5577 [(ii)] (iii) annually review the programs for compliance.
\n5578 (b) The reviews shall be classified as confidential internal working papers.
\n5579 (c) Access to records regarding the reviews is available upon the discretion of the
\n5580 executive director or the governor, or upon court order.
\n5581 Section 178. Section 64-13-29 is amended to read:
\n5582 64-13-29. Violation of parole or probation — Detention — Hearing.
\n5583 (1) (a) The department shall ensure that the court is notified of violations of the terms
\n5584 and conditions of probation in the case of probationers under the department’s supervision, or
\n5585 the Board of Pardons and Parole in the case of parolees under the department’s supervision[.]
\n5586 when:
\n5587 (i) a sanction of incarceration is recommended; or
\n5588 (ii) the department determines that a graduated sanction is not an appropriate response
\n5589 to the offender’s violation and recommends revocation of probation or parole.
\n5590 (b) In cases where the department desires to detain an offender alleged to have violated
\n5591 his parole or probation and where it is unlikely that the Board of Pardons and Parole or court
\n5592 will conduct a hearing within a reasonable time to determine if the offender has violated his
\n5593 conditions of parole or probation, the department shall hold an administrative hearing within a
\n5594 reasonable time, unless the hearing is waived by the parolee or probationer, to determine if
\n5595 there is probable cause to believe that a violation has occurred.
\n5596 (c) If there is a conviction for a crime based on the same charges as the probation or
\n5597 parole violation, or a finding by a federal or state court that there is probable cause to believe
\n5598 that an offender has committed a crime based on the same charges as the probation or parole
\n5599 violation, the department need not hold [its] an administrative hearing.
\n5600 (2) The appropriate officer or officers of the department shall, as soon as practical
\n5601 following the department’s administrative hearing, report to the court or the Board of Pardons
\n5602 and Parole, furnishing a summary of the hearing, and may make recommendations regarding
\n5603 the disposition to be made of the parolee or probationer. Pending any proceeding under this
\n5604 section, the department may take custody of and detain the parolee or probationer involved for
\n5605 a period not to exceed 72 hours excluding weekends and holidays.
\n5606 (3) If the hearing officer determines that there is probable cause to believe that the
\n5607 offender has violated the conditions of his parole or probation, the department may detain the
\n5608 offender for a reasonable period of time after the hearing or waiver, as necessary to arrange for
\n5609 the incarceration of the offender. Written order of the department is sufficient authorization for
\n5610 any peace officer to incarcerate the offender. The department may promulgate rules for the
\n5611 implementation of this section.
\n5612 Section 179. Section 64-13e-104 is amended to read:
\n5613 64-13e-104. Housing of state probationary inmates or state parole inmates —
\n5614 Payments.
\n5615 (1) (a) A county shall accept and house a state probationary inmate or a state parole
\n5616 inmate in a county correctional facility, subject to available resources.
\n5617 (b) A county may release a number of inmates from a county correctional facility, but
\n5618 not to exceed the number of state probationary inmates and state parole inmates in excess of
\n5619 the number of inmates funded by the appropriation authorized in Subsection (2) if:
\n5620 (i) the state does not fully comply with the provisions of Subsection (9) for the most
\n5621 current fiscal year; or
\n5622 (ii) funds appropriated by the Legislature for this purpose are less than 50% of the
\n5623 average actual state daily incarceration rate.
\n5624 (2) Within funds appropriated by the Legislature for this purpose, the Division of
\n5625 Finance shall pay a county that houses a state probationary inmate or a state parole inmate at a
\n5626 rate of 50% of the final state daily incarceration rate.
\n5627 (3) Funds appropriated by the Legislature under Subsection (2):
\n5628 (a) are nonlapsing;
\n5629 (b) may only be used for the purposes described in Subsection (2) and Subsection (10);
\n5630 and
\n5631 (c) may not be used for:
\n5632 (i) the costs of administering the payment described in this section; or
\n5633 (ii) payment of contract costs under Section 64-13e-103.
\n5634 (4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
\n5635 appropriation.
\n5636 (5) (a) The Division of Finance shall administer the payment described in Subsection
\n5637 (2) and Subsection (10).
\n5638 (b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
\n5639 Chapter 3, Utah Administrative Rulemaking Act, establish procedures for the calculation of the
\n5640 payment described in Subsection (2) and Subsection (10).
\n5641 (c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
\n5642 of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
\n5643 amount of the payments made does not exceed the amount appropriated by the Legislature for
\n5644 the payments.
\n5645 (6) Counties that receive the payment described in Subsection (2) and Subsection (10)
\n5646 shall, on at least a monthly basis, submit a report to CCJJ that includes:
\n5647 (a) the number of state probationary inmates and state parole inmates the county
\n5648 housed under this section; [and]
\n5649 (b) the total number of state probationary inmate days of incarceration and state parole
\n5650 inmate days of incarceration that were provided by the county[.];
\n5651 (c) the total number of offenders housed pursuant to Subsection 64-13-21(2)(b); and
\n5652 (d) the total number of days of incarceration of offenders housed pursuant to
\n5653 Subsection 64-13-21(2)(b).
\n5654 (7) (a) On or before September 30 of each year, CCJJ shall compile the information
\n5655 from the reports described in Subsection (6) that relate to the preceding state fiscal year and
\n5656 provide a copy of the compilation to each county that submitted a report.
\n5657 (b) On or before October 15 of each year, CCJJ shall inform the Division of Finance
\n5658 and each county of the exact amount of the payment described in this section that shall be made
\n5659 to each county.
\n5660 (8) On or before December 15 of each year, the Division of Finance shall distribute the
\n5661 payment described in Subsection (7)(b) in a single payment to each county.
\n5662 (9) (a) The amount paid to each county under Subsection (8) shall be calculated on a
\n5663 pro rata basis, based on the average number of state probationary inmate days of incarceration
\n5664 and the average state parole inmate days of incarceration that were provided by each county for
\n5665 the preceding five state fiscal years[.]; and
\n5666 (b) if funds are available, the total number of days of incarceration of offenders housed
\n5667 pursuant to Subsection 64-13-21(2)(b).
\n5668 (10) If funds appropriated under Subsection (2) remain after payments are made
\n5669 pursuant to Subsection (8), the Division of Finance shall pay a county that houses in its jail a
\n5670 person convicted of a felony who is on probation or parole and who is incarcerated pursuant to
\n5671 Subsection 64-13-21(2)(b) on a pro rata basis not to exceed 50% of the final state daily
\n5672 incarceration rate.
\n5673 Section 180. Section 72-7-402 is amended to read:
\n5674 72-7-402. Limitations as to vehicle width, height, length, and load extensions.
\n5675 (1) (a) Except as provided by statute, all state or federally approved safety devices and
\n5676 any other lawful appurtenant devices, including refrigeration units, hitches, air line
\n5677 connections, and load securing devices related to the safe operation of a vehicle are excluded
\n5678 for purposes of measuring the width and length of a vehicle under the provisions of this part, if
\n5679 the devices are not designed or used for carrying cargo.
\n5680 (b) Load-induced tire bulge is excluded for purposes of measuring the width of
\n5681 vehicles under the provisions of this part.
\n5682 (c) Appurtenances attached to the sides or rear of a recreational vehicle that is not a
\n5683 commercial motor vehicle are excluded for purposes of measuring the width and length of the
\n5684 recreational vehicle if the additional width or length of the appurtenances does not exceed six
\n5685 inches.
\n5686 (2) A vehicle unladen or with a load may not exceed a width of 8-1\/2 feet.
\n5687 (3) A vehicle unladen or with a load may not exceed a height of 14 feet.
\n5688 (4) (a) (i) A single-unit vehicle, unladen or with a load, may not exceed a length of 45
\n5689 feet including front and rear bumpers.
\n5690 (ii) In this section, a truck tractor coupled to one or more semitrailers or trailers is not
\n5691 considered a single-unit vehicle.
\n5692 (b) (i) Except as provided under Subsection (4)(b)(iii), a semitrailer, unladen or with a
\n5693 load, may not exceed a length of 48 feet excluding refrigeration units, hitches, air line
\n5694 connections, and safety appurtenances.
\n5695 (ii) There is no overall length limitation on a truck tractor and semitrailer combination
\n5696 when the semitrailer length is 48 feet or less.
\n5697 (iii) A semitrailer that exceeds a length of 48 feet but does not exceed a length of 53
\n5698 feet may operate on a route designated by the department or within one mile of that route.
\n5699 (c) (i) Two trailers coupled together, unladen or with a load, may not exceed an overall
\n5700 length of 61 feet, measured from the front of the first trailer to the rear of the second trailer.
\n5701 (ii) There is no overall length limitation on a truck tractor and double trailer
\n5702 combination when the trailers coupled together measure 61 feet or less.
\n5703 (d) All other combinations of vehicles, unladen or with a load, when coupled together,
\n5704 may not exceed a total length of 65 feet, except the length limitations do not apply to
\n5705 combinations of vehicles operated at night by a public utility when required for emergency
\n5706 repair of public service facilities or properties, or when operated under a permit under Section
\n5707 72-7-406.
\n5708 (5) (a) Subject to Subsection (4), a vehicle or combination of vehicles may not carry
\n5709 any load extending more than three feet beyond the front of the body of the vehicle or more
\n5710 than six feet beyond the rear of the bed or body of the vehicle.
\n5711 (b) A passenger vehicle may not carry any load extending beyond the line of the
\n5712 fenders on the left side of the vehicle nor extending more than six inches beyond the line of the
\n5713 fenders on the right side of the vehicle.
\n5714 (6) Any exception to this section must be authorized by a permit as provided under
\n5715 Section 72-7-406.
\n5716 (7) Any person who violates this section is guilty of a class [B] C misdemeanor.
\n5717 Section 181. Section 72-7-403 is amended to read:
\n5718 72-7-403. Towing requirements and limitations on towing.
\n5719 (1) (a) The draw-bar or other connection between any two vehicles, one of which is
\n5720 towing or drawing the other on a highway, may not exceed 15 feet in length from one vehicle
\n5721 to the other except:
\n5722 (i) in the case of a connection between any two vehicles transporting poles, pipe,
\n5723 machinery, or structural material that cannot be dismembered when transported upon a pole
\n5724 trailer as defined in Section 41-6a-102; or
\n5725 (ii) when operated under a permit under Section 72-7-406.
\n5726 (b) When the connection between the two vehicles is a chain, rope, or cable, a red flag
\n5727 or other signal or cloth not less than 12 inches both in length and width shall be displayed on or
\n5728 near the midpoint of the connection.
\n5729 (2) A person may not operate a combination of vehicles when any trailer, semitrailer,
\n5730 or other vehicle being towed:
\n5731 (a) whips or swerves from side to side dangerously or unreasonably; or
\n5732 (b) fails to follow substantially in the path of the towing vehicle.
\n5733 (3) A person who violates this section is guilty of a class [B] C misdemeanor.
\n5734 Section 182. Section 72-7-404 is amended to read:
\n5735 72-7-404. Maximum gross weight limitation for vehicles — Bridge formula for
\n5736 weight limitations — Minimum mandatory fines.
\n5737 (1) (a) As used in this section:
\n5738 (i) “Axle load” means the total load on all wheels whose centers may be included
\n5739 between two parallel transverse vertical planes 40 inches apart.
\n5740 (ii) “Tandem axle” means two or more axles spaced not less than 40 inches nor more
\n5741 than 96 inches apart and having at least one common point of weight suspension.
\n5742 (b) The tire load rating shall be marked on the tire sidewall. A tire, wheel, or axle may
\n5743 not carry a greater weight than the manufacturer’s rating.
\n5744 (2) (a) A vehicle may not be operated or moved on any highway in the state with:
\n5745 (i) a gross weight in excess of 10,500 pounds on one wheel;
\n5746 (ii) a single axle load in excess of 20,000 pounds; or
\n5747 (iii) a tandem axle load in excess of 34,000 pounds.
\n5748 (b) Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle
\n5749 or combination of vehicles may not exceed 80,000 pounds.
\n5750 (3) (a) Subject to the limitations in Subsection (2), no group of two or more
\n5751 consecutive axles between the first and last axle of a vehicle or combination of vehicles and no
\n5752 vehicle or combination of vehicles may carry a gross weight in excess of the weight provided
\n5753 by the following bridge formula, except as provided in Subsection (3)(b):
\n5754
\nW = 500 {LN\/(N-1) + 12N+36}<\/p>\n
5755 (i) W = overall gross weight on any group of two or more consecutive axles to the
\n5756 nearest 500 pounds.
\n5757 (ii) L = distance in feet between the extreme of any group of two or more consecutive
\n5758 axles. When the distance in feet includes a fraction of a foot of one inch or more the next
\n5759 larger number of feet shall be used.
\n5760 (iii) N = number of axles in the group under consideration.
\n5761 (b) Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds
\n5762 each if the overall distance between the first and last axles of the consecutive sets of tandem
\n5763 axles is 36 feet or more.
\n5764 (4) Any exception to this section must be authorized by an overweight permit as
\n5765 provided in Section 72-7-406.
\n5766 (5) (a) Any person who violates this section is guilty of a class [B] C misdemeanor
\n5767 except that, notwithstanding Sections 76-3-301 and 76-3-302, the violator shall pay the largest
\n5768 minimum mandatory fine of either:
\n5769 (i) $50 plus the sum of the overweight axle fines calculated under Subsection (5)(b); or
\n5770 (ii) $50 plus the gross vehicle weight fine calculated under Subsection (5)(b).
\n5771 (b) The fine for each axle and a gross vehicle weight violation shall be calculated
\n5772 according to the following schedule:<\/p>\n
5773
\nNumber of Pounds Overweight\tAxle Fine (Cents per Pound for
\nEach Overweight Axle)\tGross Vehicle Weight
\nFine(Cents per Pound)
\n5774 \t1 – 2,000\t\t0\t\t0
\n5775 \t2,001 – 5,000\t\t4\t\t5
\n5776 \t5,001 – 8,000\t\t5\t\t5
\n5777 \t8,001 – 12,000\t\t6\t\t5
\n5778 \t12,001 – 16,000\t\t7\t\t5
\n5779 \t16,001 – 20,000\t\t9\t\t5
\n5780 \t20,001 – 25,000\t\t11\t\t5
\n5781 \t25,001 or more\t\t13\t\t5\t<\/p>\n
5782 Section 183. Section 72-7-405 is amended to read:
\n5783 72-7-405. Measuring vehicles for size and weight compliance — Summary powers
\n5784 of peace officers — Penalty for violations.
\n5785 (1) Any peace officer having reason to believe that the height, width, length, or weight
\n5786 of a vehicle and load is unlawful may require the operator to stop the vehicle and submit to a
\n5787 measurement or weighing of the vehicle and load.
\n5788 (2) A peace officer may require that the vehicle be driven to the nearest scales or
\n5789 port-of-entry if the scales or port-of-entry is within three miles.
\n5790 (3) (a) A peace officer, special function officer, or port-of-entry agent may measure or
\n5791 weigh a vehicle and vehicle load for compliance with this chapter.
\n5792 (b) If, upon measuring or weighing a vehicle and load, it is determined that the height,
\n5793 width, length, or weight is unlawful, the measuring or weighing peace officer, special function
\n5794 officer, or port-of-entry agent may require the operator to park the vehicle in a suitable place.
\n5795 The vehicle shall remain parked until the vehicle or its load is adjusted or a portion of the load
\n5796 is removed to conform to legal limits. All materials unloaded shall be cared for by the owner
\n5797 or operator of the vehicle at his risk.
\n5798 (4) An operator who fails or refuses to stop and submit the vehicle and load to a
\n5799 measurement or weighing, or who fails or refuses when directed by a peace officer, special
\n5800 function officer, or port-of-entry agent to comply with this section is guilty of a class [B] C
\n5801 misdemeanor.
\n5802 (5) Any driver or owner of a vehicle who violates Section 72-7-404 or 72-7-406 is
\n5803 guilty of a class [B] C misdemeanor.
\n5804 Section 184. Section 72-7-406 is amended to read:
\n5805 72-7-406. Oversize permits and oversize and overweight permits for vehicles of
\n5806 excessive size or weight — Applications — Restrictions — Fees — Rulemaking provisions —
\n5807 Penalty.
\n5808 (1) (a) The department may, upon receipt of an application and good cause shown,
\n5809 issue in writing an oversize permit or an oversize and overweight permit. The oversize permit
\n5810 or oversize and overweight permit may authorize the applicant to operate or move upon a
\n5811 highway:
\n5812 (i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
\n5813 maximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total
\n5814 gross weight; or
\n5815 (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or
\n5816 length provisions under Section 72-7-402 or draw-bar length restriction under Subsection
\n5817 72-7-403(1)(a).
\n5818 (b) Except as provided under Subsection (8), an oversize and overweight permit may
\n5819 not be issued under this section to allow the transportation of a load that is reasonably divisible.
\n5820 (c) The maximum size or weight authorized by a permit under this section shall be
\n5821 within limits that do not impair the state’s ability to qualify for federal-aid highway funds.
\n5822 (d) The department may deny or issue a permit under this section to protect the safety
\n5823 of the traveling public and to protect highway foundation, surfaces, or structures from undue
\n5824 damage by one or more of the following:
\n5825 (i) limiting the number of trips the vehicle may make;
\n5826 (ii) establishing seasonal or other time limits within which the vehicle may operate or
\n5827 move on the highway indicated;
\n5828 (iii) requiring security in addition to the permit to compensate for any potential damage
\n5829 by the vehicle to any highway; and
\n5830 (iv) otherwise limiting the conditions of operation or movement of the vehicle.
\n5831 (e) Prior to granting a permit under this section, the department shall approve the route
\n5832 of any vehicle or combination of vehicles.
\n5833 (2) An application for a permit under this section shall state:
\n5834 (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
\n5835 vehicle or combination of vehicles;
\n5836 (b) the proposed maximum load size and maximum size of each vehicle or
\n5837 combination of vehicles;
\n5838 (c) the specific roads requested to be used under authority of the permit; and
\n5839 (d) if the permit is requested for a single trip or if other seasonal limits or time limits
\n5840 apply.
\n5841 (3) Each oversize permit or oversize and overweight permit shall be carried in the
\n5842 vehicle or combination of vehicles to which it refers and shall be available for inspection by
\n5843 any peace officer, special function officer, port of entry agent, or other personnel authorized by
\n5844 the department.
\n5845 (4) A permit under this section may not be issued or is not valid unless the vehicle or
\n5846 combination of vehicles is:
\n5847 (a) properly registered for the weight authorized by the permit; or
\n5848 (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden
\n5849 weight authorized by the permit exceeds 80,000 pounds.
\n5850 (5) (a) (i) An oversize permit may be issued under this section for a vehicle or
\n5851 combination of vehicles that exceeds one or more of the maximum width, height, or length
\n5852 provisions under Section 72-7-402.
\n5853 (ii) Except for an annual oversize permit for an implement of husbandry under Section
\n5854 72-7-407 or for an annual oversize permit issued under Subsection (5)(a)(iii), only a single trip
\n5855 oversize permit may be issued for a vehicle or combination of vehicles that is more than 14 feet
\n5856 6 inches wide, 14 feet high, or 105 feet long.
\n5857 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
\n5858 the department shall make rules for the issuance of an annual oversize permit for a vehicle or
\n5859 combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long
\n5860 if the department determines that the permit is needed to accommodate highway transportation
\n5861 needs for multiple trips on a specified route.
\n5862 (b) The fee is $30 for a single trip oversize permit under this Subsection (5). This
\n5863 permit is valid for not more than 96 continuous hours.
\n5864 (c) The fee is $75 for a semiannual oversize permit under this Subsection (5). This
\n5865 permit is valid for not more than 180 continuous days.
\n5866 (d) The fee is $90 for an annual oversize permit under this Subsection (5). This permit
\n5867 is valid for not more than 365 continuous days.
\n5868 (6) (a) An oversize and overweight permit may be issued under this section for a
\n5869 vehicle or combination of vehicles carrying a nondivisible load that exceeds one or more of the
\n5870 maximum weight provisions of Section 72-7-404 up to a gross weight of 125,000 pounds.
\n5871 (b) The fee is $60 for a single trip oversize and overweight permit under this
\n5872 Subsection (6). This permit is valid for not more than 96 continuous hours.
\n5873 (c) A semiannual oversize and overweight permit under this Subsection (6) is valid for
\n5874 not more than 180 continuous days. The fee for this permit is:
\n5875 (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5876 than 80,000 pounds, but not exceeding 84,000 pounds;
\n5877 (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5878 than 84,000 pounds, but not exceeding 112,000 pounds; and
\n5879 (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5880 than 112,000 pounds, but not exceeding 125,000 pounds.
\n5881 (d) An annual oversize and overweight permit under this Subsection (6) is valid for not
\n5882 more than 365 continuous days. The fee for this permit is:
\n5883 (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5884 than 80,000 pounds, but not exceeding 84,000 pounds;
\n5885 (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5886 than 84,000 pounds, but not exceeding 112,000 pounds; and
\n5887 (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5888 than 112,000 pounds, but not exceeding 125,000 pounds.
\n5889 (7) (a) A single trip oversize and overweight permit may be issued under this section
\n5890 for a vehicle or combination of vehicles carrying a nondivisible load that exceeds:
\n5891 (i) one or more of the maximum weight provisions of Section 72-7-404; or
\n5892 (ii) a gross weight of 125,000 pounds.
\n5893 (b) (i) The fee for a single trip oversize and overweight permit under this Subsection
\n5894 (7), which is valid for not more than 96 continuous hours, is $.012 per mile for each 1,000
\n5895 pounds above 80,000 pounds subject to the rounding described in Subsection (7)(c).
\n5896 (ii) The minimum fee that may be charged under this Subsection (7) is $80.
\n5897 (iii) The maximum fee that may be charged under this Subsection (7) is $540.
\n5898 (c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded up
\n5899 to the nearest 50 mile increment.
\n5900 (ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded up
\n5901 to the nearest 25,000 pound increment.
\n5902 (iii) The dollar amount used to calculate the fee under this Subsection (7) shall be
\n5903 rounded to the nearest $10 increment.
\n5904 (8) (a) An oversize and overweight permit may be issued under this section for a
\n5905 vehicle or combination of vehicles carrying a divisible load if:
\n5906 (i) the bridge formula under Subsection 72-7-404(3) is not exceeded; and
\n5907 (ii) the length of the vehicle or combination of vehicles is:
\n5908 (A) more than the limitations specified under Subsections 72-7-402(4)(c) and (d) or
\n5909 Subsection 72-7-403(1)(a) but not exceeding 81 feet in cargo carrying length and the
\n5910 application is for a single trip, semiannual trip, or annual trip permit; or
\n5911 (B) more than 81 feet in cargo carrying length but not exceeding 95 feet in cargo
\n5912 carrying length and the application is for an annual trip permit.
\n5913 (b) The fee is $60 for a single trip oversize and overweight permit under this
\n5914 Subsection (8). The permit is valid for not more than 96 continuous hours.
\n5915 (c) The fee for a semiannual oversize and overweight permit under this Subsection (8),
\n5916 which permit is valid for not more than 180 continuous days is:
\n5917 (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5918 than 80,000 pounds, but not exceeding 84,000 pounds;
\n5919 (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5920 than 84,000 pounds, but not exceeding 112,000 pounds; and
\n5921 (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5922 than 112,000 pounds, but not exceeding 129,000 pounds.
\n5923 (d) The fee for an annual oversize and overweight permit under this Subsection (8),
\n5924 which permit is valid for not more than 365 continuous days is:
\n5925 (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5926 than 80,000 pounds, but not exceeding 84,000 pounds;
\n5927 (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5928 than 84,000 pounds, but not exceeding 112,000 pounds; and
\n5929 (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
\n5930 than 112,000 pounds, but not exceeding 129,000 pounds.
\n5931 (9) Permit fees collected under this section shall be credited monthly to the
\n5932 Transportation Fund.
\n5933 (10) The department shall prepare maps, drawings, and instructions as guidance when
\n5934 issuing permits under this section.
\n5935 (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
\n5936 the department shall make rules governing the issuance and revocation of all permits under this
\n5937 section and Section 72-7-407.
\n5938 (12) Any person who violates any of the terms or conditions of a permit issued under
\n5939 this section:
\n5940 (a) may have the person’s permit revoked; and
\n5941 (b) is guilty of a class [B] C misdemeanor, except that a violation of any rule made
\n5942 under Subsection (11) is not subject to a criminal penalty.
\n5943 Section 185. Section 72-7-407 is amended to read:
\n5944 72-7-407. Implements of husbandry — Escort vehicle requirements — Oversize
\n5945 permit — Penalty.
\n5946 (1) As used in this section, “escort vehicle” means a motor vehicle, as defined under
\n5947 Section 41-1a-102, that has its emergency warning lights operating, and that is being used to
\n5948 warn approaching motorists by either preceding or following a slow or oversized vehicle,
\n5949 object, or implement of husbandry being moved on the highway.
\n5950 (2) An implement of husbandry being moved on a highway shall be accompanied by:
\n5951 (a) front and rear escort vehicles when the implement of husbandry is 16 feet in width
\n5952 or greater unless the implement of husbandry is moved by a farmer or rancher or the farmer or
\n5953 rancher’s employees in connection with an agricultural operation; or
\n5954 (b) one or more escort vehicles when the implement of husbandry is traveling on a
\n5955 highway where special hazards exist related to weather, pedestrians, other traffic, or highway
\n5956 conditions.
\n5957 (3) In addition to the requirements of Subsection (2), a person may not move an
\n5958 implement of husbandry on a highway during hours of darkness without lights and reflectors as
\n5959 required under Section 41-6a-1608 or 41-6a-1609.
\n5960 (4) (a) Except for an implement of husbandry moved by a farmer or rancher or the
\n5961 farmer’s or rancher’s employees in connection with an agricultural operation, a person may not
\n5962 move an implement of husbandry on the highway without:
\n5963 (i) an oversize permit obtained under Section 72-7-406 if required;
\n5964 (ii) trained escort vehicle drivers and approved escort vehicles when required under
\n5965 Subsection (2); and
\n5966 (iii) compliance with the vehicle weight requirements of Section 72-7-404.
\n5967 (b) (i) The department shall issue an annual oversize permit for the purpose of allowing
\n5968 the movement of implements of husbandry on the highways in accordance with this chapter.
\n5969 (ii) The permit shall require the applicant to obtain verbal permission from the
\n5970 department for each trip involving the movement of an implement of husbandry 16 feet or
\n5971 greater in width.
\n5972 (5) Any person who violates this section is guilty of a class [B] C misdemeanor.
\n5973 Section 186. Section 72-7-408 is amended to read:
\n5974 72-7-408. Highway authority — Restrictions on highway use — Erection and
\n5975 maintenance of signs designating restrictions — Penalty.
\n5976 (1) (a) Subject to Subsection (1)(b), a highway authority may by rule or ordinance
\n5977 prescribe procedures and criteria which prohibit the operation of any vehicle or impose
\n5978 restrictions on the weight of a vehicle upon any highway under its jurisdiction.
\n5979 (b) A highway authority may impose restrictions for a highway under Subsection (1)(a)
\n5980 if an engineering inspection concludes that, due to deterioration caused by climatic conditions,
\n5981 a highway will be seriously damaged or destroyed unless certain vehicles are prohibited or
\n5982 vehicle weights are restricted.
\n5983 (2) The highway authority imposing restrictions under this section shall erect signs
\n5984 citing the provisions of the rule or ordinance at each end of that portion of any highway
\n5985 affected. The restriction is effective only when the signs are erected and maintained.
\n5986 (3) Any person who violates any restriction imposed under the authority of this section
\n5987 is guilty of a class [B] C misdemeanor.
\n5988 Section 187. Section 72-7-409 is amended to read:
\n5989 72-7-409. Loads on vehicles — Limitations — Confining, securing, and fastening
\n5990 load required — Penalty.
\n5991 (1) As used in this section:
\n5992 (a) “Agricultural product” means any raw product which is derived from agriculture,
\n5993 including silage, hay, straw, grain, manure, and other similar product.
\n5994 (b) “Vehicle” has the same meaning set forth in Section 41-1a-102.
\n5995 (2) A vehicle may not be operated or moved on any highway unless the vehicle is
\n5996 constructed or loaded to prevent its contents from dropping, sifting, leaking, or otherwise
\n5997 escaping.
\n5998 (3) (a) In addition to the requirements under Subsection (2), a vehicle carrying dirt,
\n5999 sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or
\n6000 scrap metal shall have a covering over the entire load unless:
\n6001 (i) the highest point of the load does not extend above the top of any exterior wall or
\n6002 sideboard of the cargo compartment of the vehicle; and
\n6003 (ii) the outer edges of the load are at least six inches below the top inside edges of the
\n6004 exterior walls or sideboards of the cargo compartment of the vehicle.
\n6005 (b) In addition to the requirements under Subsection (2), a vehicle carrying trash or
\n6006 garbage shall have a covering over the entire load.
\n6007 (c) The following material is exempt from the provisions of Subsection (3)(a):
\n6008 (i) hot mix asphalt;
\n6009 (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form
\n6010 not susceptible to being blown out of the vehicle;
\n6011 (iii) material being transported across a highway between two parcels of property that
\n6012 would be contiguous but for the highway that is being crossed; and
\n6013 (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers,
\n6014 bags, or packaging.
\n6015 (d) A chemical substance capable of coating or bonding a load so that the load is
\n6016 confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long
\n6017 as the chemical substance remains effective at confining the load.
\n6018 (4) Subsections (2) and (3) do not apply to a vehicle or implement of husbandry
\n6019 carrying an agricultural product, if the agricultural product is:
\n6020 (a) being transported in a manner which is not a hazard or a potential hazard to the safe
\n6021 operation of the vehicle or to other highway users; and
\n6022 (b) loaded in a manner that only allows minimal spillage.
\n6023 (5) (a) An authorized vehicle performing snow removal services on a highway is
\n6024 exempt from the requirements of this section.
\n6025 (b) This section does not prohibit the necessary spreading of any substance connected
\n6026 with highway maintenance, construction, securing traction, or snow removal.
\n6027 (6) A person may not operate a vehicle with a load on any highway unless the load and
\n6028 any load covering is fastened, secured, and confined to prevent the covering or load from
\n6029 becoming loose, detached, or in any manner a hazard to the safe operation of the vehicle, or to
\n6030 other highway users.
\n6031 (7) Before entering a highway, the operator of a vehicle carrying any material listed
\n6032 under Subsection (3), shall remove all loose material on any portion of the vehicle not designed
\n6033 to carry the material.
\n6034 (8) (a) Any person who violates this section is guilty of a class [B] C misdemeanor.
\n6035 (b) A person who violates a provision of this section shall be fined not less than:
\n6036 (i) $200 for a violation; or
\n6037 (ii) $500 for a second or subsequent violation within three years of a previous violation
\n6038 of this section.
\n6039 (c) A person who violates a provision of this section while operating a commercial
\n6040 vehicle as defined in Section 72-9-102 shall be fined:
\n6041 (i) not less than $500 for a violation; or
\n6042 (ii) $1,000 for a second or subsequent violation within three years of a previous
\n6043 violation of this section.
\n6044 Section 188. Section 73-18-6 is amended to read:
\n6045 73-18-6. Numbering of motorboats and sailboats required — Exception.
\n6046 (1) Every motorboat and sailboat on the waters of this state shall be numbered. No
\n6047 person shall operate or give permission for the operation of any motorboat or sailboat on the
\n6048 waters of this state unless the motorboat or sailboat is numbered in accordance with:
\n6049 (a) this chapter;
\n6050 (b) applicable federal law; or
\n6051 (c) a federally-approved numbering system of another state, if the owner is a resident
\n6052 of that state and his motorboat or sailboat has not been in this state in excess of 60 days for the
\n6053 calendar year.
\n6054 (2) The number assigned to a motorboat or sailboat in accordance with this chapter,
\n6055 applicable federal law, or a federally-approved numbering system of another state shall be
\n6056 displayed on each side of the bow of the motorboat or sailboat, except this requirement does
\n6057 not apply to any vessel which has a valid marine document issued by the United States Coast
\n6058 Guard.
\n6059 (3) A violation of this section is a class C misdemeanor.
\n6060 Section 189. Section 73-18-7 is amended to read:
\n6061 73-18-7. Registration requirements — Exemptions — Fee — Agents — Records —
\n6062 Period of registration and renewal — Expiration — Notice of transfer of interest or change
\n6063 of address — Duplicate registration card — Invalid registration — Powers of board.
\n6064 (1) (a) Except as provided by Section 73-18-9, the owner of each motorboat and
\n6065 sailboat on the waters of this state shall register it with the division as provided in this chapter.
\n6066 (b) A person may not place, give permission for the placement of, operate, or give
\n6067 permission for the operation of a motorboat or sailboat on the waters of this state, unless the
\n6068 motorboat or sailboat is registered as provided in this chapter.
\n6069 (2) (a) The owner of a motorboat or sailboat required to be registered shall file an
\n6070 application for registration with the division on forms approved by the division.
\n6071 (b) The owner of the motorboat or sailboat shall sign the application and pay the fee set
\n6072 by the board in accordance with Section 63J-1-504.
\n6073 (c) Before receiving a registration card and registration decals, the applicant shall
\n6074 provide the division with a certificate from the county assessor of the county in which the
\n6075 motorboat or sailboat has situs for taxation, stating that:
\n6076 (i) the property tax on the motorboat or sailboat for the current year has been paid;
\n6077 (ii) in the county assessor’s opinion, the property tax is a lien on real property sufficient
\n6078 to secure the payment of the property tax; or
\n6079 (iii) the motorboat or sailboat is exempt by law from payment of property tax for the
\n6080 current year.
\n6081 (d) If the board modifies the fee under Subsection (2)(b), the modification shall take
\n6082 effect on the first day of the calendar quarter after 90 days from the day on which the board
\n6083 provides the State Tax Commission:
\n6084 (i) notice from the board stating that the board will modify the fee; and
\n6085 (ii) a copy of the fee modification.
\n6086 (3) (a) Upon receipt of the application in the approved form, the division shall record
\n6087 the receipt and issue to the applicant registration decals and a registration card that state the
\n6088 number assigned to the motorboat or sailboat and the name and address of the owner.
\n6089 (b) The registration card shall be available for inspection on the motorboat or sailboat
\n6090 for which it was issued, whenever that motorboat or sailboat is in operation.
\n6091 (4) The assigned number shall:
\n6092 (a) be painted or permanently attached to each side of the forward half of the motorboat
\n6093 or sailboat;
\n6094 (b) consist of plain vertical block characters not less than three inches in height;
\n6095 (c) contrast with the color of the background and be distinctly visible and legible;
\n6096 (d) have spaces or hyphens equal to the width of a letter between the letter and numeral
\n6097 groupings; and
\n6098 (e) read from left to right.
\n6099 (5) A motorboat or sailboat with a valid marine document issued by the United States
\n6100 Coast Guard is exempt from the number display requirements of Subsection (4).
\n6101 (6) The nonresident owner of any motorboat or sailboat already covered by a valid
\n6102 number that has been assigned to it according to federal law or a federally approved numbering
\n6103 system of the owner’s resident state is exempt from registration while operating the motorboat
\n6104 or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity
\n6105 period provided for in Subsection 73-18-9(1).
\n6106 (7) (a) If the ownership of a motorboat or sailboat changes, the new owner shall file a
\n6107 new application form and fee with the division, and the division shall issue a new registration
\n6108 card and registration decals in the same manner as provided for in Subsections (2) and (3).
\n6109 (b) The division shall reassign the current number assigned to the motorboat or sailboat
\n6110 to the new owner to display on the motorboat or sailboat.
\n6111 (8) If the United States Coast Guard has in force an overall system of identification
\n6112 numbering for motorboats or sailboats within the United States, the numbering system
\n6113 employed under this chapter by the board shall conform with that system.
\n6114 (9) (a) The division may authorize any person to act as its agent for the registration of
\n6115 motorboats and sailboats.
\n6116 (b) A number assigned, a registration card, and registration decals issued by an agent of
\n6117 the division in conformity with this chapter and rules of the board are valid.
\n6118 (10) (a) The Motor Vehicle Division shall classify all records of the division made or
\n6119 kept according to this section in the same manner that motor vehicle records are classified
\n6120 under Section 41-1a-116.
\n6121 (b) Division records are available for inspection in the same manner as motor vehicle
\n6122 records pursuant to Section 41-1a-116.
\n6123 (11) (a) (i) Each registration, registration card, and decal issued under this chapter shall
\n6124 continue in effect for 12 months, beginning with the first day of the calendar month of
\n6125 registration.
\n6126 (ii) A registration may be renewed by the owner in the same manner provided for in the
\n6127 initial application.
\n6128 (iii) The division shall reassign the current number assigned to the motorboat or
\n6129 sailboat when the registration is renewed.
\n6130 (b) Each registration, registration card, and registration decal expires the last day of the
\n6131 month in the year following the calendar month of registration.
\n6132 (c) If the last day of the registration period falls on a day in which the appropriate state
\n6133 or county offices are not open for business, the registration of the motorboat or sailboat is
\n6134 extended to 12 midnight of the next business day.
\n6135 (d) The division may receive applications for registration renewal and issue new
\n6136 registration cards at any time before the expiration of the registration, subject to the availability
\n6137 of renewal materials.
\n6138 (e) The new registration shall retain the same expiration month as recorded on the
\n6139 original registration even if the registration has expired.
\n6140 (f) The year of registration shall be changed to reflect the renewed registration period.
\n6141 (g) If the registration renewal application is an application generated by the division
\n6142 through its automated system, the owner is not required to surrender the last registration card or
\n6143 duplicate.
\n6144 (12) (a) An owner shall notify the division of:
\n6145 (i) the transfer of all or any part of the owner’s interest, other than creation of a security
\n6146 interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and
\n6147 (ii) the destruction or abandonment of the owner’s motorboat or sailboat.
\n6148 (b) Notification must take place within 15 days of the transfer, destruction, or
\n6149 abandonment.
\n6150 (c) (i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates
\n6151 its registration.
\n6152 (ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not
\n6153 affect the owner’s right to operate a motorboat or sailboat does not terminate the registration.
\n6154 (13) (a) A registered owner shall notify the division within 15 days if the owner’s
\n6155 address changes from the address appearing on the registration card and shall, as a part of this
\n6156 notification, furnish the division with the owner’s new address.
\n6157 (b) The board may provide in its rules for:
\n6158 (i) the surrender of the registration card bearing the former address; and
\n6159 (ii) (A) the replacement of the card with a new registration card bearing the new
\n6160 address; or
\n6161 (B) the alteration of an existing registration card to show the owner’s new address.
\n6162 (14) (a) If a registration card is lost or stolen, the division may collect a fee of $4 for
\n6163 the issuance of a duplicate card.
\n6164 (b) If a registration decal is lost or stolen, the division may collect a fee of $3 for the
\n6165 issuance of a duplicate decal.
\n6166 (15) A number other than the number assigned to a motorboat or sailboat or a number
\n6167 for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached,
\n6168 or otherwise displayed on either side of the bow of a motorboat or sailboat.
\n6169 (16) A motorboat or sailboat registration and number are invalid if obtained by
\n6170 knowingly falsifying an application for registration.
\n6171 (17) The board may designate the suffix to assigned numbers, and by following the
\n6172 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
\n6173 make rules for:
\n6174 (a) the display of registration decals;
\n6175 (b) the issuance and display of dealer numbers and registrations; and
\n6176 (c) the issuance and display of temporary registrations.
\n6177 (18) A violation of this section is a class C misdemeanor.
\n6178 Section 190. Section 73-18-8 is amended to read:
\n6179 73-18-8. Safety equipment required to be on board vessels.
\n6180 (1) (a) Except as provided in Subsection (1)(c), each vessel shall have, for each person
\n6181 on board, one personal flotation device that is approved for the type of use by the commandant
\n6182 of the United States Coast Guard.
\n6183 (b) Each personal flotation device shall be:
\n6184 (i) in serviceable condition;
\n6185 (ii) legally marked with the United States Coast Guard approval number; and
\n6186 (iii) of an appropriate size for the person for whom it is intended.
\n6187 (c) (i) Sailboards are exempt from the provisions of Subsection (1)(a).
\n6188 (ii) The board may exempt certain types of vessels from the provisions of Subsection
\n6189 (1)(a) under certain conditions or upon certain waters.
\n6190 (d) The board may require by rule for personal flotation devices to be worn:
\n6191 (i) while a person is on board a certain type of vessel;
\n6192 (ii) by a person under a certain age; or
\n6193 (iii) on certain waters of the state.
\n6194 (e) For vessels 16 feet or more in length, there shall also be on board, one Type IV
\n6195 throwable personal flotation device which is approved for this use by the commandant of the
\n6196 United States Coast Guard.
\n6197 (2) The operator of a vessel operated between sunset and sunrise shall display lighted
\n6198 navigation lights approved by the division.
\n6199 (3) If a vessel is not entirely open and it carries or uses any flammable or toxic fluid in
\n6200 any enclosure for any purpose, the vessel shall be equipped with an efficient natural or
\n6201 mechanical ventilation system that is capable of removing resulting gases before and during the
\n6202 time the vessel is occupied by any person.
\n6203 (4) Each vessel shall have fire extinguishing equipment on board.
\n6204 (5) Any inboard gasoline engine shall be equipped with a carburetor backfire flame
\n6205 control device.
\n6206 (6) The board may:
\n6207 (a) require additional safety equipment by rule; and
\n6208 (b) adopt rules conforming with the requirements of this section which govern
\n6209 specifications for and the use of safety equipment.
\n6210 (7) A person may not operate or give permission for the operation of a vessel that is not
\n6211 equipped as required by this section or rules promulgated under this section.
\n6212 (8) A violation of this section is a class C misdemeanor.
\n6213 Section 191. Section 73-18-8.1 is amended to read:
\n6214 73-18-8.1. Capacity and certification label.
\n6215 (1) Each vessel manufactured after November 1, 1972, which is less than 20 feet in
\n6216 length, except a sailboat, canoe, kayak, inflatable vessel, or homemade motor boat must have a
\n6217 United States Coast Guard capacity and certification label permanently affixed to the vessel
\n6218 and clearly visible to the operator when boarding or operating the vessel. The capacity and
\n6219 certification information may be combined together and displayed on one label.
\n6220 (2) No person shall operate, or give permission for the operation of, any vessel on the
\n6221 waters of this state if it is loaded or powered in excess of the maximum capacity information
\n6222 on the United States Coast Guard capacity label.
\n6223 (3) No person shall alter, deface, or remove any United States Coast Guard capacity or
\n6224 certification information label affixed to a vessel.
\n6225 (4) No person shall operate, or give permission for the operation of, a vessel on the
\n6226 waters of this state if the required United States Coast Guard capacity or certification
\n6227 information label has been altered, defaced, or removed.
\n6228 (5) A violation of this section is a class C misdemeanor.
\n6229 Section 192. Section 73-18-13 is amended to read:
\n6230 73-18-13. Duties of operator involved in accident — Notification and reporting
\n6231 procedures — Use of accident reports — Giving false information as misdemeanor.
\n6232 (1) As used in this section, “agent” has the same meaning as provided in Section
\n6233 41-6a-404.
\n6234 (2) (a) It is the duty of the operator of a vessel involved in an accident, if the operator
\n6235 can do so without seriously endangering the operator’s own vessel, crew, or passengers, to
\n6236 render aid to those affected by the accident as may be practicable.
\n6237 (b) The operator shall also give the operator’s name, address, and identification of the
\n6238 operator’s vessel in writing to:
\n6239 (i) any person injured; or
\n6240 (ii) the owner of any property damaged in the accident.
\n6241 (c) A violation of this Subsection (2) is a class B misdemeanor.
\n6242 (3) (a) The board shall adopt rules governing the notification and reporting procedure
\n6243 for vessels involved in accidents.
\n6244 (b) The rules shall be consistent with federal requirements.
\n6245 (4) (a) Except as provided in Subsection (4)(b), all accident reports:
\n6246 (i) are protected and shall be for the confidential use of the division or other state,
\n6247 local, or federal agencies having use for the records for official governmental statistical,
\n6248 investigative, and accident prevention purposes; and
\n6249 (ii) may be disclosed only in a statistical form that protects the privacy of any person
\n6250 involved in the accident.
\n6251 (b) The division shall disclose a written accident report and its accompanying data to:
\n6252 (i) a person involved in the accident, excluding a witness to the accident;
\n6253 (ii) a person suffering loss or injury in the accident;
\n6254 (iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i)
\n6255 and (ii);
\n6256 (iv) a member of the press or broadcast news media;
\n6257 (v) a state, local, or federal agency that uses the records for official governmental,
\n6258 investigative, or accident prevention purposes;
\n6259 (vi) law enforcement personnel when acting in their official governmental capacity;
\n6260 and
\n6261 (vii) a licensed private investigator.
\n6262 (c) Information provided to a member of the press or broadcast news media under
\n6263 Subsection (4)(b)(iv) may only include:
\n6264 (i) the name, age, sex, and city of residence of each person involved in the accident;
\n6265 (ii) the make and model year of each vehicle involved in the accident;
\n6266 (iii) whether or not each person involved in the accident was covered by a vehicle
\n6267 insurance policy;
\n6268 (iv) the location of the accident; and
\n6269 (v) a description of the accident that excludes personal identifying information not
\n6270 listed in Subsection (4)(c)(i).
\n6271 (5) (a) Except as provided in Subsection (5)(c), an accident report may not be used as
\n6272 evidence in any civil or criminal trial, arising out of an accident.
\n6273 (b) Upon demand of any person who has, or claims to have, made the report, or upon
\n6274 demand of any court, the division shall furnish a certificate showing that a specified accident
\n6275 report has or has not been made to the division solely to prove a compliance or a failure to
\n6276 comply with the requirement that a report be made to the division.
\n6277 (c) Accident reports may be used as evidence when necessary to prosecute charges
\n6278 filed in connection with a violation of Subsection (6).
\n6279 (6) Any person who gives false information, knowingly or having reason to believe it is
\n6280 false, in an oral or written report as required in this chapter, is guilty of a class [A] B
\n6281 misdemeanor.
\n6282 Section 193. Section 73-18-15.1 is amended to read:
\n6283 73-18-15.1. Vessel navigation and steering laws.
\n6284 (1) The operator of a vessel shall maintain a proper lookout by sight and hearing at all
\n6285 times to avoid the risk of collision.
\n6286 (2) When the operators of two motorboats approach each other where there is risk of
\n6287 collision, each operator shall alter course to the right and pass on the left side of the other.
\n6288 (3) When the operators of two motorboats are crossing paths and are at risk of a
\n6289 collision, the operator of the vessel that has the other vessel on its right side shall keep out of
\n6290 the way and yield right-of-way if necessary.
\n6291 (4) The operator of any vessel overtaking any other vessel shall keep out of the way of
\n6292 the vessel being overtaken.
\n6293 (5) The operator of a vessel underway shall keep out of the way of a:
\n6294 (a) vessel not under command;
\n6295 (b) vessel restricted in its ability to maneuver;
\n6296 (c) vessel engaged in fishing; and
\n6297 (d) sailing vessel.
\n6298 (6) If the operator of one of two vessels is to keep out of the way, the other vessel
\n6299 operator shall maintain his course and speed unless it becomes apparent the other vessel is not
\n6300 taking the appropriate action.
\n6301 (7) In narrow channels an operator of a vessel underway shall keep to the right of the
\n6302 middle of the channel.
\n6303 (8) The operator of a vessel shall proceed at a safe speed at all times so that the
\n6304 operator can take proper and effective action to avoid collision and be stopped within a
\n6305 distance appropriate to the prevailing circumstances or conditions.
\n6306 (9) (a) When the operators of two sailboats are approaching one another so as to
\n6307 involve risk of collision, one of the operators shall keep out of the way of the other as follows:
\n6308 (i) when each has the wind on a different side, the operator of the vessel that has the
\n6309 wind on the left side shall keep out of the way of the other;
\n6310 (ii) when both have the wind on the same side, the operator of the vessel that is to the
\n6311 windward shall keep out of the way of the vessel that is to leeward; and
\n6312 (iii) if the operator of a vessel with the wind on the left side sees a vessel to windward
\n6313 and cannot determine with certainty whether the other vessel has the wind on the left or on the
\n6314 right side, the operator shall keep out of way of the other vessel.
\n6315 (b) For purposes of this Subsection (9), the windward side shall be the side opposite
\n6316 that on which the mainsail is carried.
\n6317 (10) The operator of any vessel may not exceed a wakeless speed when within 150 feet
\n6318 of:
\n6319 (a) another vessel;
\n6320 (b) a person in or floating on the water;
\n6321 (c) a water skier being towed by another boat;
\n6322 (d) a water skier that had been towed behind the operator’s vessel unless the skier is
\n6323 still surfing or riding in an upright stance on the wake created by the vessel;
\n6324 (e) a water skier that had been towed behind another vessel and the skier is still surfing
\n6325 or riding in an upright stance on the wake created by the other vessel;
\n6326 (f) a shore fisherman;
\n6327 (g) a launching ramp;
\n6328 (h) a dock; or
\n6329 (i) a designated swimming area.
\n6330 (11) The operator of a motorboat is responsible for any damage or injury caused by the
\n6331 wake produced by the operator’s motorboat.
\n6332 (12) (a) Except as provided in Subsection (12)(b), the operator of a motorboat that is
\n6333 less than 65 feet in length may not exceed a wakeless speed while any person is riding upon the
\n6334 bow decking, gunwales, transom, seatbacks, or motor cover.
\n6335 (b) Subsection (12)(a) does not apply if the motorboat is:
\n6336 (i) between 16 feet and 65 feet in length; and
\n6337 (ii) the motorboat is equipped with adequate rails or other safeguards to prevent a
\n6338 person from falling overboard.
\n6339 (13) If a person is riding upon the bow decking of a motorboat that does not have
\n6340 designed seating for passengers, the person shall straddle one of the upright supports of the
\n6341 bow rail and may not block the vision of the operator.
\n6342 (14) The operator of a vessel may not tow a water skier or a person on another device:
\n6343 (a) unless an onboard observer, who is at least eight years of age, is designated by the
\n6344 operator to watch the person being towed; or
\n6345 (b) between sunset and sunrise.
\n6346 (15) A person who violates this section is guilty of [a class C misdemeanor] an
\n6347 infraction.
\n6348 Section 194. Section 73-18-15.2 is amended to read:
\n6349 73-18-15.2. Minimum age of operators — Boating safety course for youth to
\n6350 operate personal watercraft.
\n6351 (1) (a) A person under 16 years of age may not operate a motorboat on the waters of
\n6352 this state unless the person is under the on-board and direct supervision of a person who is at
\n6353 least 18 years of age.
\n6354 (b) A person under 16 years of age may operate a sailboat, if the person is under the
\n6355 direct supervision of a person who is at least 18 years of age.
\n6356 (2) A person who is at least 12 years of age or older but under 16 years of age may
\n6357 operate a personal watercraft provided he:
\n6358 (a) is under the direct supervision of a person who is at least 18 years of age;
\n6359 (b) completes a boating safety course approved by the division; and
\n6360 (c) has in his possession a boating safety certificate issued by the boating safety course
\n6361 provider.
\n6362 (3) A person who is at least 16 years of age but under 18 years of age may operate a
\n6363 personal watercraft, if the person:
\n6364 (a) completes a boating safety course approved by the division; and
\n6365 (b) has in his possession a boating safety certificate issued by the boating safety course
\n6366 provider.
\n6367 (4) A person required to attend a boating safety course under Subsection (3)(a) need
\n6368 not be accompanied by a parent or legal guardian while completing a boating safety course.
\n6369 (5) A person may not give permission to another person to operate a vessel in violation
\n6370 of this section.
\n6371 (6) As used in this section, “direct supervision” means oversight at a distance within
\n6372 which visual contact is maintained.
\n6373 (7) (a) The division may collect fees set by the board in accordance with Section
\n6374 63J-1-504 from each person who takes the division’s boating safety course to help defray the
\n6375 cost of the boating safety course.
\n6376 (b) Money collected from the fees collected under Subsection (7)(a) shall be deposited
\n6377 in the Boating Account.
\n6378 (8) A violation of this section is a class C misdemeanor.
\n6379 Section 195. Section 73-18-15.3 is amended to read:
\n6380 73-18-15.3. Personal watercraft — Prohibition on operation between sunset and
\n6381 sunrise.
\n6382 (1) A person may not operate a personal watercraft on the waters of this state between
\n6383 sunset and sunrise.
\n6384 (2) A violation of this section is a class C misdemeanor.
\n6385 Section 196. Section 73-18-16 is amended to read:
\n6386 73-18-16. Regattas, races, exhibitions — Rules.
\n6387 (1) The division may authorize the holding of regattas, motorboat or other boat races,
\n6388 marine parades, tournaments, or exhibitions on any waters of this state.
\n6389 (2) The board may adopt rules concerning the safety of vessels and persons, either as
\n6390 observers or participants, that do not conflict with the provisions of Subsections (3) and (4).
\n6391 (3) A person may elect, at the person’s own risk, to wear a non-Coast Guard approved
\n6392 personal floatation device if the person is on an American Water Ski Association regulation
\n6393 tournament slalom course and is:
\n6394 (a) engaged in barefoot water skiing;
\n6395 (b) water skiing in an American Water Ski Association regulation competition;
\n6396 (c) a performer participating in a professional exhibition or other tournament; or
\n6397 (d) practicing for an event described in Subsection (3)(b) or (c).
\n6398 (4) If a person is water skiing in an American Water Ski Association regulation
\n6399 tournament slalom course, an observer and flag are not required if the vessel is:
\n6400 (a) equipped with a wide angle mirror with a viewing surface of at least 48 square
\n6401 inches; and
\n6402 (b) operated by a person who is at least 18 years of age.
\n6403 (5) A violation of this section is a class C misdemeanor.
\n6404 Section 197. Section 73-18-20.4 is amended to read:
\n6405 73-18-20.4. Duty to report falsified vessel or motor number.
\n6406 (1) Any person owning or operating a marina, marine dealership, service station, public
\n6407 garage, paint shop, or a vessel repair shop shall immediately notify the local police authorities
\n6408 of any vessel or outboard motor that has any numbers that have apparently been altered,
\n6409 obliterated, or removed.
\n6410 (2) A violation of this section is a class B misdemeanor.
\n6411 Section 198. Section 73-18-21 is amended to read:
\n6412 73-18-21. Violation of chapter as class C misdemeanor.
\n6413 Unless otherwise specified, any person who violates any provision of this chapter or
\n6414 rule promulgated under this chapter is guilty of a class [B] C misdemeanor.
\n6415 Section 199. Section 73-18c-302 is amended to read:
\n6416 73-18c-302. Operating motorboats without owner’s or operator’s security —
\n6417 Penalty.
\n6418 (1) Any owner of a motorboat on which owner’s or operator’s security is required under
\n6419 Section 73-18c-301, who operates the motorboat or permits it to be operated on waters of the
\n6420 state without owner’s security being in effect is guilty of a class [B] C misdemeanor.
\n6421 (2) Any other person who operates a motorboat upon waters of the state with the
\n6422 knowledge that the owner does not have owner’s security in effect for the motorboat is also
\n6423 guilty of a class [B] C misdemeanor, unless that person has in effect owner’s or operator’s
\n6424 security on a Utah-registered motorboat or its equivalent that covers the operation, by him or
\n6425 her, of the motorboat in question.
\n6426 Section 200. Section 73-18c-304 is amended to read:
\n6427 73-18c-304. Evidence of owner’s or operator’s security to be carried when
\n6428 operating motorboat — Defense — Penalties.
\n6429 (1) (a) (i) Except as provided in Subsection (1)(a)(ii), a person operating a motorboat
\n6430 shall:
\n6431 (A) have in the person’s immediate possession evidence of owner’s or operator’s
\n6432 security for the motorboat the person is operating; and
\n6433 (B) display it upon demand of a peace officer.
\n6434 (ii) A person operating a government-owned or government-leased motorboat is
\n6435 exempt from the requirements of Subsection (1)(a)(i).
\n6436 (b) Evidence of owner’s or operator’s security includes any one of the following:
\n6437 (i) the operator’s:
\n6438 (A) insurance policy;
\n6439 (B) binder notice;
\n6440 (C) renewal notice; or
\n6441 (D) card issued by an insurance company as evidence of insurance;
\n6442 (ii) a copy of a surety bond, certified by the surety, which conforms to Section
\n6443 73-18c-102;
\n6444 (iii) a certificate of the state treasurer issued under Section 73-18c-305; or
\n6445 (iv) a certificate of self-funded coverage issued under Section 73-18c-306.
\n6446 (2) It is an affirmative defense to a charge under this section that the person had
\n6447 owner’s or operator’s security in effect for the motorboat the person was operating at the time of
\n6448 the person’s citation or arrest.
\n6449 (3) (a) A letter from an insurance producer or company verifying that the person had
\n6450 the required liability insurance coverage on the date specified is considered proof of owner’s or
\n6451 operator’s security for purposes of Subsection (2).
\n6452 (b) The court considering a citation issued under this section shall allow the letter
\n6453 under Subsection (3)(a) and a copy of the citation to be faxed or mailed to the clerk of the court
\n6454 to satisfy Subsection (2).
\n6455 (4) A violation of this section is a class [B] C misdemeanor.
\n6456 (5) If a person is convicted of a violation of this section and if the person is the owner
\n6457 of a motorboat, the court shall:
\n6458 (a) require the person to surrender the person’s registration materials to the court; and
\n6459 (b) forward the registration materials, together with a copy of the conviction, to the
\n6460 division.
\n6461 (6) (a) Upon receiving notification from a court of a conviction for a violation of this
\n6462 section, the division shall revoke the person’s motorboat registration.
\n6463 (b) Any registration revoked shall be renewed in accordance with Section 73-18-7.
\n6464 Section 201. Section 76-3-202 is amended to read:
\n6465 76-3-202. Paroled persons — Termination or discharge from sentence — Time
\n6466 served on parole — Discretion of Board of Pardons and Parole.
\n6467 (1) (a) Except as provided in Subsection (1)(b), every person committed to the state
\n6468 prison to serve an indeterminate term and later released on parole shall, upon completion of
\n6469 three years on parole outside of confinement and without violation, be terminated from the
\n6470 person’s sentence unless the parole is earlier terminated by the Board of Pardons and Parole or
\n6471 is terminated pursuant to Section 64-13-21.
\n6472 (b) Every person committed to the state prison to serve an indeterminate term and later
\n6473 released on parole on or after July 1, 2008, and who was convicted of any felony offense under
\n6474 Title 76, Chapter 5, Offenses Against the Person, or any attempt, conspiracy, or solicitation to
\n6475 commit any of these felony offenses, shall complete a term of parole that extends through the
\n6476 expiration of the person’s maximum sentence, unless the parole is earlier terminated by the
\n6477 Board of Pardons and Parole.
\n6478 (2) Every person convicted of a second degree felony for violating Section 76-5-404,
\n6479 forcible sexual abuse, or 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a
\n6480 child, or attempting, conspiring, or soliciting the commission of a violation of any of those
\n6481 sections, and who is paroled before July 1, 2008, shall, upon completion of 10 years parole
\n6482 outside of confinement and without violation, be terminated from the sentence unless the
\n6483 person is earlier terminated by the Board of Pardons and Parole.
\n6484 (3) (a) Every person convicted of a first degree felony for committing any offense listed
\n6485 in Subsection (3)(b), or attempting, conspiring, or soliciting the commission of a violation of
\n6486 any of those sections, shall complete a term of lifetime parole outside of confinement and
\n6487 without violation unless the person is earlier terminated by the Board of Pardons and Parole.
\n6488 (b) The offenses referred to in Subsection (3)(a) are:
\n6489 (i) Section 76-5-301.1, child kidnapping;
\n6490 (ii) Subsection 76-5-302(1)(b)(vi), aggravated kidnapping involving a sexual offense;
\n6491 (iii) Section 76-5-402, rape;
\n6492 (iv) Section 76-5-402.1, rape of a child;
\n6493 (v) Section 76-5-402.2, object rape;
\n6494 (vi) Section 76-5-402.3, object rape of a child;
\n6495 (vii) Subsection 76-5-403(2), forcible sodomy;
\n6496 (viii) Section 76-5-403.1, sodomy on a child;
\n6497 (ix) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
\n6498 or
\n6499 (x) Section 76-5-405, aggravated sexual assault.
\n6500 (4) Any person who violates the terms of parole, while serving parole, for any offense
\n6501 under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole be
\n6502 recommitted to prison to serve the portion of the balance of the term as determined by the
\n6503 Board of Pardons and Parole, but not to exceed the maximum term.
\n6504 (5) In order for a parolee convicted on or after May 5, 1997, to be eligible for early
\n6505 termination from parole, the parolee must provide to the Board of Pardons and Parole:
\n6506 (a) evidence that the parolee has completed high school classwork and has obtained a
\n6507 high school graduation diploma, a GED certificate, or a vocational certificate; or
\n6508 (b) documentation of the inability to obtain one of the items listed in Subsection (5)(a)
\n6509 because of:
\n6510 (i) a diagnosed learning disability; or
\n6511 (ii) other justified cause.
\n6512 (6) Any person paroled following a former parole revocation may not be discharged
\n6513 from the person’s sentence until:
\n6514 (a) the person has served the applicable period of parole under this section outside of
\n6515 confinement and without violation;
\n6516 (b) the person’s maximum sentence has expired; or
\n6517 (c) the Board of Pardons and Parole orders the person to be discharged from the
\n6518 sentence.
\n6519 (7) (a) All time served on parole, outside of confinement and without violation,
\n6520 constitutes service of the total sentence but does not preclude the requirement of serving the
\n6521 applicable period of parole under this section, outside of confinement and without violation.
\n6522 (b) Any time a person spends outside of confinement after commission of a parole
\n6523 violation does not constitute service of the total sentence unless the person is exonerated at a
\n6524 parole revocation hearing.
\n6525 (c) (i) Any time a person spends in confinement awaiting a hearing before the Board of
\n6526 Pardons and Parole or a decision by the board concerning revocation of parole constitutes
\n6527 service of the sentence.
\n6528 (ii) In the case of exoneration by the board, the time spent is included in computing the
\n6529 total parole term.
\n6530 (8) When any parolee without authority from the Board of Pardons and Parole absents
\n6531 himself from the state or avoids or evades parole supervision, the period of absence, avoidance,
\n6532 or evasion tolls the parole period.
\n6533 (9) (a) While on parole, time spent in confinement outside the state may not be credited
\n6534 toward the service of any Utah sentence.
\n6535 (b) Time in confinement outside the state or in the custody of any tribal authority or the
\n6536 United States government for a conviction obtained in another jurisdiction tolls the expiration
\n6537 of the Utah sentence.
\n6538 (10) This section does not preclude the Board of Pardons and Parole from paroling or
\n6539 discharging an inmate at any time within the discretion of the Board of Pardons and Parole
\n6540 unless otherwise specifically provided by law.
\n6541 (11) A parolee sentenced to lifetime parole may petition the Board of Pardons and
\n6542 Parole for termination of lifetime parole.
\n6543 Section 202. Section 76-6-206 is amended to read:
\n6544 76-6-206. Criminal trespass.
\n6545 (1) As used in this section, “enter” means intrusion of the entire body.
\n6546 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
\n6547 burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section
\n6548 76-10-2402 regarding commercial obstruction:
\n6549 (a) the person enters or remains unlawfully on property and:
\n6550 (i) intends to cause annoyance or injury to any person or damage to any property,
\n6551 including the use of graffiti as defined in Section 76-6-107;
\n6552 (ii) intends to commit any crime, other than theft or a felony; or
\n6553 (iii) is reckless as to whether his presence will cause fear for the safety of another;
\n6554 (b) knowing the person’s entry or presence is unlawful, the person enters or remains on
\n6555 property as to which notice against entering is given by:
\n6556 (i) personal communication to the actor by the owner or someone with apparent
\n6557 authority to act for the owner;
\n6558 (ii) fencing or other enclosure obviously designed to exclude intruders; or
\n6559 (iii) posting of signs reasonably likely to come to the attention of intruders; or
\n6560 (c) the person enters a condominium unit in violation of Subsection 57-8-7(8).
\n6561 (3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was
\n6562 committed in a dwelling, in which event it is a class A misdemeanor.
\n6563 (b) A violation of Subsection (2)(c) is an infraction.
\n6564 (4) It is a defense to prosecution under this section that:
\n6565 (a) the property was at the time open to the public [when the actor entered or
\n6566 remained]; and
\n6567 (b) [the actor’s conduct did not substantially interfere with the owner’s use of the
\n6568 property] the actor complied with all lawful conditions imposed on access to or remaining on
\n6569 the property.
\n6570 Section 203. Section 76-10-503 is amended to read:
\n6571 76-10-503. Restrictions on possession, purchase, transfer, and ownership of
\n6572 dangerous weapons by certain persons — Exceptions.
\n6573 (1) For purposes of this section:
\n6574 (a) A Category I restricted person is a person who:
\n6575 (i) has been convicted of any violent felony as defined in Section 76-3-203.5;
\n6576 (ii) is on probation or parole for any felony;
\n6577 (iii) is on parole from a secure facility as defined in Section 62A-7-101;
\n6578 (iv) within the last 10 years has been adjudicated delinquent for an offense which if
\n6579 committed by an adult would have been a violent felony as defined in Section 76-3-203.5; [or]
\n6580 (v) is an alien who is illegally or unlawfully in the United States[.]; or
\n6581 (vi) is on probation for a conviction of possessing a substance classified in Schedule I
\n6582 or II in Section 58-37-8, or a controlled substance analog or a substance listed in Section
\n6583 58-37-4.2.
\n6584 (b) A Category II restricted person is a person who:
\n6585 (i) has been convicted of any felony;
\n6586 (ii) within the last seven years has been adjudicated delinquent for an offense which if
\n6587 committed by an adult would have been a felony;
\n6588 (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
\n6589 (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
\n6590 unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
\n6591 (v) has been found not guilty by reason of insanity for a felony offense;
\n6592 (vi) has been found mentally incompetent to stand trial for a felony offense;
\n6593 (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
\n6594 Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
\n6595 to a mental institution;
\n6596 (viii) has been dishonorably discharged from the armed forces; or
\n6597 (ix) has renounced his citizenship after having been a citizen of the United States.
\n6598 (c) As used in this section, a conviction of a felony or adjudication of delinquency for
\n6599 an offense which would be a felony if committed by an adult does not include:
\n6600 (i) a conviction or adjudication of delinquency for an offense pertaining to antitrust
\n6601 violations, unfair trade practices, restraint of trade, or other similar offenses relating to the
\n6602 regulation of business practices not involving theft or fraud; or
\n6603 (ii) a conviction or adjudication of delinquency which, according to the law of the
\n6604 jurisdiction in which it occurred, has been expunged, set aside, reduced to a misdemeanor by
\n6605 court order, pardoned or regarding which the person’s civil rights have been restored unless the
\n6606 pardon, reduction, expungement, or restoration of civil rights expressly provides that the person
\n6607 may not ship, transport, possess, or receive firearms.
\n6608 (d) It is the burden of the defendant in a criminal case to provide evidence that a
\n6609 conviction or adjudication of delinquency is subject to an exception provided in Subsection
\n6610 (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the
\n6611 conviction or adjudication of delinquency is not subject to that exception.
\n6612 (2) A Category I restricted person who intentionally or knowingly agrees, consents,
\n6613 offers, or arranges to purchase, transfer, possess, use, or have under the person’s custody or
\n6614 control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
\n6615 the person’s custody or control:
\n6616 (a) any firearm is guilty of a second degree felony; or
\n6617 (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
\n6618 (3) A Category II restricted person who intentionally or knowingly purchases, transfers,
\n6619 possesses, uses, or has under the person’s custody or control:
\n6620 (a) any firearm is guilty of a third degree felony; or
\n6621 (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
\n6622 (4) A person may be subject to the restrictions of both categories at the same time.
\n6623 (5) If a higher penalty than is prescribed in this section is provided in another section
\n6624 for one who purchases, transfers, possesses, uses, or has under this custody or control any
\n6625 dangerous weapon, the penalties of that section control.
\n6626 (6) It is an affirmative defense to a charge based on the definition in Subsection
\n6627 (1)(b)(iv) that the person was:
\n6628 (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
\n6629 for use of a member of the person’s household or for administration to an animal owned by the
\n6630 person or a member of the person’s household; or
\n6631 (b) otherwise authorized by law to possess the substance.
\n6632 (7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
\n6633 by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
\n6634 (i) was possessed by the person or was under the person’s custody or control before the
\n6635 person became a restricted person;
\n6636 (ii) was not used in or possessed during the commission of a crime or subject to
\n6637 disposition under Section 24-3-103;
\n6638 (iii) is not being held as evidence by a court or law enforcement agency;
\n6639 (iv) was transferred to a person not legally prohibited from possessing the weapon; and
\n6640 (v) unless a different time is ordered by the court, was transferred within 10 days of the
\n6641 person becoming a restricted person.
\n6642 (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
\n6643 of a firearm or other dangerous weapon by a restricted person.
\n6644 (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or
\n6645 dangerous weapon to any person, knowing that the recipient is a person described in
\n6646 Subsection (1)(a) or (b).
\n6647 (b) A person who violates Subsection (8)(a) when the recipient is:
\n6648 (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
\n6649 guilty of a second degree felony;
\n6650 (ii) a person described in Subsection (1)(a) and the transaction involves any dangerous
\n6651 weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
\n6652 the weapon for any unlawful purpose, is guilty of a third degree felony;
\n6653 (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
\n6654 guilty of a third degree felony; or
\n6655 (iv) a person described in Subsection (1)(b) and the transaction involves any dangerous
\n6656 weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
\n6657 the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
\n6658 (9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
\n6659 other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
\n6660 circumstances which the person knows would be a violation of the law.
\n6661 (b) A person may not provide to a dealer or other person any information that the
\n6662 person knows to be materially false information with intent to deceive the dealer or other
\n6663 person about the legality of a sale, transfer or other disposition of a firearm or dangerous
\n6664 weapon.
\n6665 (c) “Materially false information” means information that portrays an illegal transaction
\n6666 as legal or a legal transaction as illegal.
\n6667 (d) A person who violates this Subsection (9) is guilty of:
\n6668 (i) a third degree felony if the transaction involved a firearm; or
\n6669 (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
\n6670 firearm.
\n6671 Section 204. Section 77-1-3 is amended to read:
\n6672 77-1-3. Definitions.
\n6673 For the purpose of this act:
\n6674 (1) “Criminal action” means the proceedings by which a person is charged, accused,
\n6675 and brought to trial for a public offense.
\n6676 (2) “Indictment” means an accusation in writing presented by a grand jury to the
\n6677 district court charging a person with a public offense.
\n6678 (3) “Information” means an accusation, in writing, charging a person with a public
\n6679 offense which is presented, signed, and filed in the office of the clerk where the prosecution is
\n6680 commenced pursuant to Section 77-2-1.1.
\n6681 (4) “Magistrate” means a justice or judge of a court of record or not of record or a
\n6682 commissioner of such a court appointed in accordance with Section 78A-5-107, except that the
\n6683 authority of a court commissioner to act as a magistrate shall be limited by rule of the judicial
\n6684 council. The judicial council rules shall not exceed constitutional limitations upon the
\n6685 delegation of judicial authority.
\n6686 (5) “Risk and needs assessment” means an actuarial tool validated on offenders that
\n6687 determines:
\n6688 (a) an individual’s risk of reoffending; and
\n6689 (b) the criminal risk factors that, when addressed, reduce the individual’s risk of
\n6690 reoffending.
\n6691 Section 205. Section 77-18-1 is amended to read:
\n6692 77-18-1. Suspension of sentence — Pleas held in abeyance — Probation —
\n6693 Supervision — Presentence investigation — Standards — Confidentiality — Terms and
\n6694 conditions — Termination, revocation, modification, or extension — Hearings — Electronic
\n6695 monitoring.
\n6696 (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
\n6697 in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77,
\n6698 Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
\n6699 (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
\n6700 crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
\n6701 and place the defendant on probation. The court may place the defendant:
\n6702 (i) on probation under the supervision of the Department of Corrections except in cases
\n6703 of class C misdemeanors or infractions;
\n6704 (ii) on probation with an agency of local government or with a private organization; or
\n6705 (iii) on bench probation under the jurisdiction of the sentencing court.
\n6706 (b) (i) The legal custody of all probationers under the supervision of the department is
\n6707 with the department.
\n6708 (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
\n6709 is vested as ordered by the court.
\n6710 (iii) The court has continuing jurisdiction over all probationers.
\n6711 (3) (a) The department shall establish supervision and presentence investigation
\n6712 standards for all individuals referred to the department. These standards shall be based on:
\n6713 (i) the type of offense;
\n6714 (ii) the results of a risk and needs assessment;
\n6715 [(ii)] (iii) the demand for services;
\n6716 [(iii)] (iv) the availability of agency resources;
\n6717 [(iv) the] (v) public safety; and
\n6718 [(v)] (vi) other criteria established by the department to determine what level of
\n6719 services shall be provided.
\n6720 (b) Proposed supervision and investigation standards shall be submitted to the Judicial
\n6721 Council and the Board of Pardons and Parole on an annual basis for review and comment prior
\n6722 to adoption by the department.
\n6723 (c) The Judicial Council and the department shall establish procedures to implement
\n6724 the supervision and investigation standards.
\n6725 (d) The Judicial Council and the department shall annually consider modifications to
\n6726 the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
\n6727 appropriate.
\n6728 (e) The Judicial Council and the department shall annually prepare an impact report
\n6729 and submit it to the appropriate legislative appropriations subcommittee.
\n6730 (4) Notwithstanding other provisions of law, the department is not required to
\n6731 supervise the probation of persons convicted of class B or C misdemeanors or infractions or to
\n6732 conduct presentence investigation reports on class C misdemeanors or infractions. However,
\n6733 the department may supervise the probation of class B misdemeanants in accordance with
\n6734 department standards.
\n6735 (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
\n6736 the defendant, continue the date for the imposition of sentence for a reasonable period of time
\n6737 for the purpose of obtaining a presentence investigation report from the department or
\n6738 information from other sources about the defendant.
\n6739 (b) The presentence investigation report shall include:
\n6740 (i) a victim impact statement according to guidelines set in Section 77-38a-203
\n6741 describing the effect of the crime on the victim and the victim’s family;
\n6742 (ii) a specific statement of pecuniary damages, accompanied by a recommendation
\n6743 from the department regarding the payment of restitution with interest by the defendant in
\n6744 accordance with Title 77, Chapter 38a, Crime Victims Restitution Act;
\n6745 (iii) findings from any screening and any assessment of the offender conducted under
\n6746 Section 77-18-1.1;
\n6747 (iv) recommendations for treatment of the offender; and
\n6748 (v) the number of days since the commission of the offense that the offender has spent
\n6749 in the custody of the jail and the number of days, if any, the offender was released to a
\n6750 supervised release or alternative incarceration program under Section 17-22-5.5.
\n6751 (c) The contents of the presentence investigation report are protected and are not
\n6752 available except by court order for purposes of sentencing as provided by rule of the Judicial
\n6753 Council or for use by the department.
\n6754 (6) (a) The department shall provide the presentence investigation report to the
\n6755 defendant’s attorney, or the defendant if not represented by counsel, the prosecutor, and the
\n6756 court for review, three working days prior to sentencing. Any alleged inaccuracies in the
\n6757 presentence investigation report, which have not been resolved by the parties and the
\n6758 department prior to sentencing, shall be brought to the attention of the sentencing judge, and
\n6759 the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
\n6760 report with the department. If after 10 working days the inaccuracies cannot be resolved, the
\n6761 court shall make a determination of relevance and accuracy on the record.
\n6762 (b) If a party fails to challenge the accuracy of the presentence investigation report at
\n6763 the time of sentencing, that matter shall be considered to be waived.
\n6764 (7) At the time of sentence, the court shall receive any testimony, evidence, or
\n6765 information the defendant or the prosecuting attorney desires to present concerning the
\n6766 appropriate sentence. This testimony, evidence, or information shall be presented in open court
\n6767 on record and in the presence of the defendant.
\n6768 (8) While on probation, and as a condition of probation, the court may require that the
\n6769 defendant:
\n6770 (a) perform any or all of the following:
\n6771 (i) pay, in one or several sums, any fine imposed at the time of being placed on
\n6772 probation;
\n6773 (ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
\n6774 (iii) provide for the support of others for whose support the defendant is legally liable;
\n6775 (iv) participate in available treatment programs, including any treatment program in
\n6776 which the defendant is currently participating, if the program is acceptable to the court;
\n6777 (v) serve a period of time, not to exceed one year, in a county jail designated by the
\n6778 department, after considering any recommendation by the court as to which jail the court finds
\n6779 most appropriate;
\n6780 (vi) serve a term of home confinement, which may include the use of electronic
\n6781 monitoring;
\n6782 (vii) participate in compensatory service restitution programs, including the
\n6783 compensatory service program provided in Section 76-6-107.1;
\n6784 (viii) pay for the costs of investigation, probation, and treatment services;
\n6785 (ix) make restitution or reparation to the victim or victims with interest in accordance
\n6786 with Title 77, Chapter 38a, Crime Victims Restitution Act; and
\n6787 (x) comply with other terms and conditions the court considers appropriate; and
\n6788 (b) if convicted on or after May 5, 1997:
\n6789 (i) complete high school classwork and obtain a high school graduation diploma, a
\n6790 GED certificate, or a vocational certificate at the defendant’s own expense if the defendant has
\n6791 not received the diploma, GED certificate, or vocational certificate prior to being placed on
\n6792 probation; or
\n6793 (ii) provide documentation of the inability to obtain one of the items listed in
\n6794 Subsection (8)(b)(i) because of:
\n6795 (A) a diagnosed learning disability; or
\n6796 (B) other justified cause.
\n6797 (9) The department shall collect and disburse the account receivable as defined by
\n6798 Section 76-3-201.1, with interest and any other costs assessed under Section 64-13-21 during:
\n6799 (a) the parole period and any extension of that period in accordance with Subsection
\n6800 77-27-6(4); and
\n6801 (b) the probation period in cases for which the court orders supervised probation and
\n6802 any extension of that period by the department in accordance with Subsection (10).
\n6803 (10) (a) (i) Probation may be terminated at any time at the discretion of the court or
\n6804 upon completion without violation of 36 months probation in felony or class A misdemeanor
\n6805 cases, [or] 12 months in cases of class B or C misdemeanors or infractions, or as allowed
\n6806 pursuant to Section 64-13-21 regarding earned credits.
\n6807 (ii) (A) If, upon expiration or termination of the probation period under Subsection
\n6808 (10)(a)(i), there remains an unpaid balance upon the account receivable as defined in Section
\n6809 76-3-201.1, the court may retain jurisdiction of the case and continue the defendant on bench
\n6810 probation for the limited purpose of enforcing the payment of the account receivable. If the
\n6811 court retains jurisdiction for this limited purpose, the court may order the defendant to pay to
\n6812 the court the costs associated with continued probation under this Subsection (10).
\n6813 (B) In accordance with Section 77-18-6, the court shall record in the registry of civil
\n6814 judgments any unpaid balance not already recorded and immediately transfer responsibility to
\n6815 collect the account to the Office of State Debt Collection.
\n6816 (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
\n6817 own motion, the court may require the defendant to show cause why the defendant’s failure to
\n6818 pay should not be treated as contempt of court.
\n6819 (b) (i) The department shall notify the sentencing court, the Office of State Debt
\n6820 Collection, and the prosecuting attorney in writing in advance in all cases when termination of
\n6821 supervised probation will occur by law.
\n6822 (ii) The notification shall include a probation progress report and complete report of
\n6823 details on outstanding accounts receivable.
\n6824 (11) (a) (i) Any time served by a probationer outside of confinement after having been
\n6825 charged with a probation violation and prior to a hearing to revoke probation does not
\n6826 constitute service of time toward the total probation term unless the probationer is exonerated
\n6827 at a hearing to revoke the probation.
\n6828 (ii) Any time served in confinement awaiting a hearing or decision concerning
\n6829 revocation of probation does not constitute service of time toward the total probation term
\n6830 unless the probationer is exonerated at the hearing.
\n6831 (iii) Any time served in confinement awaiting a hearing or decision concerning
\n6832 revocation of probation constitutes service of time toward a term of incarceration imposed as a
\n6833 result of the revocation of probation.
\n6834 (b) The running of the probation period is tolled upon the filing of a violation report
\n6835 with the court alleging a violation of the terms and conditions of probation or upon the issuance
\n6836 of an order to show cause or warrant by the court.
\n6837 (12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing
\n6838 by the probationer or upon a hearing and a finding in court that the probationer has violated the
\n6839 conditions of probation.
\n6840 (ii) Probation may not be revoked except upon a hearing in court and a finding that the
\n6841 conditions of probation have been violated.
\n6842 (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
\n6843 constitute violation of the conditions of probation, the court that authorized probation shall
\n6844 determine if the affidavit establishes probable cause to believe that revocation, modification, or
\n6845 extension of probation is justified.
\n6846 (ii) If the court determines there is probable cause, it shall cause to be served on the
\n6847 defendant a warrant for the defendant’s arrest or a copy of the affidavit and an order to show
\n6848 cause why the defendant’s probation should not be revoked, modified, or extended.
\n6849 (c) (i) The order to show cause shall specify a time and place for the hearing and shall
\n6850 be served upon the defendant at least five days prior to the hearing.
\n6851 (ii) The defendant shall show good cause for a continuance.
\n6852 (iii) The order to show cause shall inform the defendant of a right to be represented by
\n6853 counsel at the hearing and to have counsel appointed if the defendant is indigent.
\n6854 (iv) The order shall also inform the defendant of a right to present evidence.
\n6855 (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
\n6856 (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
\n6857 shall present evidence on the allegations.
\n6858 (iii) The persons who have given adverse information on which the allegations are
\n6859 based shall be presented as witnesses subject to questioning by the defendant unless the court
\n6860 for good cause otherwise orders.
\n6861 (iv) The defendant may call witnesses, appear and speak in the defendant’s own behalf,
\n6862 and present evidence.
\n6863 (e) (i) After the hearing the court shall make findings of fact.
\n6864 (ii) Upon a finding that the defendant violated the conditions of probation, the court
\n6865 may order the probation revoked, modified, continued, or that the entire probation term
\n6866 commence anew.
\n6867 [(iii) If probation is revoked, the defendant shall be sentenced or the sentence
\n6868 previously imposed shall be executed.]
\n6869 (iii) If a period of incarceration is imposed for a violation, the defendant shall be
\n6870 sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
\n6871 Subsection 63M-7-404(4), unless the judge determines that:
\n6872 (A) the defendant needs substance abuse or mental health treatment, as determined by a
\n6873 risk and needs assessment, that warrants treatment services that are immediately available in
\n6874 the community; or
\n6875 (B) the sentence previously imposed shall be executed.
\n6876 (iv) If the defendant had, prior to the imposition of a term of incarceration or the
\n6877 execution of the previously imposed sentence under this Subsection (12), served time in jail as
\n6878 a condition of probation or due to a violation of probation under Subsection 77-18-1(12)(e)(iii),
\n6879 the time the probationer served in jail constitutes service of time toward the sentence
\n6880 previously imposed.
\n6881 (13) The court may order the defendant to commit himself or herself to the custody of
\n6882 the Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as
\n6883 a condition of probation or stay of sentence, only after the superintendent of the Utah State
\n6884 Hospital or the superintendent’s designee has certified to the court that:
\n6885 (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
\n6886 (b) treatment space at the hospital is available for the defendant; and
\n6887 (c) persons described in Subsection 62A-15-610(2)(g) are receiving priority for
\n6888 treatment over the defendants described in this Subsection (13).
\n6889 (14) Presentence investigation reports are classified protected in accordance with Title
\n6890 63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
\n6891 63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a
\n6892 presentence investigation report. Except for disclosure at the time of sentencing pursuant to
\n6893 this section, the department may disclose the presentence investigation only when:
\n6894 (a) ordered by the court pursuant to Subsection 63G-2-202(7);
\n6895 (b) requested by a law enforcement agency or other agency approved by the department
\n6896 for purposes of supervision, confinement, and treatment of the offender;
\n6897 (c) requested by the Board of Pardons and Parole;
\n6898 (d) requested by the subject of the presentence investigation report or the subject’s
\n6899 authorized representative; or
\n6900 (e) requested by the victim of the crime discussed in the presentence investigation
\n6901 report or the victim’s authorized representative, provided that the disclosure to the victim shall
\n6902 include only information relating to statements or materials provided by the victim, to the
\n6903 circumstances of the crime including statements by the defendant, or to the impact of the crime
\n6904 on the victim or the victim’s household.
\n6905 (15) (a) The court shall consider home confinement as a condition of probation under
\n6906 the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
\n6907 (b) The department shall establish procedures and standards for home confinement,
\n6908 including electronic monitoring, for all individuals referred to the department in accordance
\n6909 with Subsection (16).
\n6910 (16) (a) If the court places the defendant on probation under this section, it may order
\n6911 the defendant to participate in home confinement through the use of electronic monitoring as
\n6912 described in this section until further order of the court.
\n6913 (b) The electronic monitoring shall alert the department and the appropriate law
\n6914 enforcement unit of the defendant’s whereabouts.
\n6915 (c) The electronic monitoring device shall be used under conditions which require:
\n6916 (i) the defendant to wear an electronic monitoring device at all times; and
\n6917 (ii) that a device be placed in the home of the defendant, so that the defendant’s
\n6918 compliance with the court’s order may be monitored.
\n6919 (d) If a court orders a defendant to participate in home confinement through electronic
\n6920 monitoring as a condition of probation under this section, it shall:
\n6921 (i) place the defendant on probation under the supervision of the Department of
\n6922 Corrections;
\n6923 (ii) order the department to place an electronic monitoring device on the defendant and
\n6924 install electronic monitoring equipment in the residence of the defendant; and
\n6925 (iii) order the defendant to pay the costs associated with home confinement to the
\n6926 department or the program provider.
\n6927 (e) The department shall pay the costs of home confinement through electronic
\n6928 monitoring only for those persons who have been determined to be indigent by the court.
\n6929 (f) The department may provide the electronic monitoring described in this section
\n6930 either directly or by contract with a private provider.
\n6931 Section 206. Section 77-27-1 is amended to read:
\n6932 77-27-1. Definitions.
\n6933 As used in this chapter:
\n6934 (1) “Appearance” means any opportunity to address the board, a board member, a
\n6935 panel, or hearing officer, including an interview.
\n6936 (2) “Board” means the Board of Pardons and Parole.
\n6937 (3) “Case action plan” means a document developed by the Department of Corrections
\n6938 that identifies the program priorities for the treatment of the offender, including the criminal
\n6939 risk factors as determined by a risk and needs assessment conducted by the department.
\n6940 [(3)] (4) “Commission” means the Commission on Criminal and Juvenile Justice.
\n6941 [(4)] (5) “Commutation” is the change from a greater to a lesser punishment after
\n6942 conviction.
\n6943 (6) “Criminal risk factors” means a person’s characteristics and behaviors that:
\n6944 (a) affect that person’s risk of engaging in criminal behavior; and
\n6945 (b) are diminished when addressed by effective treatment, supervision, and other
\n6946 support resources resulting in reduced risk of criminal behavior.
\n6947 [(5)] (7) “Department” means the Department of Corrections.
\n6948 [(6)] (8) “Expiration” occurs when the maximum sentence has run.
\n6949 [(7)] (9) “Family” means persons related to the victim as a spouse, child, sibling,
\n6950 parent, or grandparent, or the victim’s legal guardian.
\n6951 [(8)] (10) “Hearing” means an appearance before the board, a panel, a board member or
\n6952 hearing examiner, at which an offender or inmate is afforded an opportunity to be present and
\n6953 address the board, and encompasses the term “full hearing.”
\n6954 [(9)] (11) “Location,” in reference to a hearing, means the physical location at which
\n6955 the board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless
\n6956 of the location of any person participating by electronic means.
\n6957 [(10)] (12) “Open session” means any hearing before the board, a panel, a board
\n6958 member, or a hearing examiner which is open to the public, regardless of the location of any
\n6959 person participating by electronic means.
\n6960 [(11)] (13) “Panel” means members of the board assigned by the chairperson to a
\n6961 particular case.
\n6962 [(12)] (14) “Pardon” is an act of grace that forgives a criminal conviction and restores
\n6963 the rights and privileges forfeited by or because of the criminal conviction. A pardon releases
\n6964 an offender from the entire punishment prescribed for a criminal offense and from disabilities
\n6965 that are a consequence of the criminal conviction. A pardon reinstates any civil rights lost as a
\n6966 consequence of conviction or punishment for a criminal offense.
\n6967 [(13)] (15) “Parole” is a release from imprisonment on prescribed conditions which, if
\n6968 satisfactorily performed by the parolee, enables the parolee to obtain a termination of his
\n6969 sentence.
\n6970 [(14)] (16) “Probation” is an act of grace by the court suspending the imposition or
\n6971 execution of a convicted offender’s sentence upon prescribed conditions.
\n6972 [(15)] (17) “Reprieve or respite” is the temporary suspension of the execution of the
\n6973 sentence.
\n6974 [(16)] (18) “Termination” is the act of discharging from parole or concluding the
\n6975 sentence of imprisonment prior to the expiration of the sentence.
\n6976 [(17)] (19) “Victim” means:
\n6977 (a) a person against whom the defendant committed a felony or class A misdemeanor
\n6978 offense, and regarding which offense a hearing is held under this chapter; or
\n6979 (b) the victim’s family, if the victim is deceased as a result of the offense for which a
\n6980 hearing is held under this chapter.
\n6981 Section 207. Section 77-27-5.4 is enacted to read:
\n6982 77-27-5.4. Earned time program.
\n6983 (1) The board shall establish an earned time program that reduces the period of
\n6984 incarceration for offenders who successfully complete specified programs, the purpose of
\n6985 which is to reduce the risk of recidivism.
\n6986 (2) The earned time program shall:
\n6987 (a) provide not less than four months of earned time credit for the completion of the
\n6988 highest ranked priority in the offender’s case action plan;
\n6989 (b) provide not less than four months of earned time credit for completion of one of the
\n6990 recommended programs in the offender’s case action plan; or
\n6991 (c) allow the board to grant in its discretion earned time credit in addition to the earned
\n6992 time credit provided under Subsections (2)(a) and (b).
\n6993 (3) The program may not provide earned time credit for offenders:
\n6994 (a) whose previously ordered release date does not provide enough time for the Board
\n6995 of Pardons and Parole to grant the earned time credit;
\n6996 (b) who have been sentenced by the court to a term of life without the possibility of
\n6997 parole; or
\n6998 (c) who have been ordered by the Board of Pardons and Parole to serve a life sentence.
\n6999 (4) The board may order the forfeiture of earned time credits under this section if the
\n7000 offender commits a major disciplinary infraction.
\n7001 (5) The department shall notify the board not more than 30 days after an offender
\n7002 completes a priority in the case action plan.
\n7003 (6) The board shall collect data for the fiscal year regarding the operation of the earned
\n7004 time credit program, including:
\n7005 (a) the number of offenders who have earned time credit under this section in the prior
\n7006 year;
\n7007 (b) the amount of time credit earned in the prior year;
\n7008 (c) the number of offenders who forfeited earned time credit; and
\n7009 (d) additional related information as requested by the Commission on Criminal and
\n7010 Juvenile Justice.
\n7011 (7) The board shall collaborate with the Department of Corrections in the
\n7012 establishment of the earned time credit program.
\n7013 (8) To the extent possible, programming and hearings shall be provided early enough
\n7014 in an offender’s incarceration to allow the offender to earn time credit.
\n7015 Section 208. Section 77-27-10 is amended to read:
\n7016 77-27-10. Conditions of parole — Inmate agreement to warrant — Rulemaking —
\n7017 Intensive early release parole program.
\n7018 (1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall
\n7019 issue to the parolee a certificate setting forth the conditions of parole, including the use of
\n7020 graduated sanctions pursuant to Section 64-13-21, which the offender shall accept and agree to
\n7021 as evidenced by the offender’s signature affixed to the agreement.
\n7022 (b) The parole agreement shall require that the inmate agree in writing that the board
\n7023 may issue a warrant and conduct a parole revocation hearing if:
\n7024 (i) the board determines after the grant of parole that the inmate willfully provided to
\n7025 the board false or inaccurate information that the board finds was significant in the board’s
\n7026 determination to grant parole; or
\n7027 (ii) (A) the inmate has engaged in criminal conduct prior to the granting of parole; and
\n7028 (B) the board did not have information regarding the conduct at the time parole was
\n7029 granted.
\n7030 (c) A copy of the agreement shall be delivered to the Department of Corrections and a
\n7031 copy shall be given to the parolee. The original shall remain with the board’s file.
\n7032 (2) (a) If an offender convicted of violating or attempting to violate Section
\n7033 76-5-301.1, Subsection 76-5-302(1), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3,
\n7034 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, or 76-5-405, is released on parole, the board shall
\n7035 order outpatient mental health counseling and treatment as a condition of parole.
\n7036 (b) The board shall develop standards and conditions of parole under this Subsection
\n7037 (2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
\n7038 (c) This Subsection (2) does not apply to intensive early release parole.
\n7039 (3) (a) In addition to the conditions set out in Subsection (1), the board may place
\n7040 offenders in an intensive early release parole program. The board shall determine the
\n7041 conditions of parole which are reasonably necessary to protect the community as well as to
\n7042 protect the interests of the offender and to assist the offender to lead a law-abiding life.
\n7043 (b) The offender is eligible for this program only if the offender:
\n7044 (i) has not been convicted of a sexual offense; or
\n7045 (ii) has not been sentenced pursuant to Section 76-3-406.
\n7046 (c) The department shall:
\n7047 (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
\n7048 Rulemaking Act, for operation of the program;
\n7049 (ii) adopt and implement internal management policies for operation of the program;
\n7050 (iii) determine whether or not to refer an offender into this program within 120 days
\n7051 from the date the offender is committed to prison by the sentencing court; and
\n7052 (iv) make the final recommendation to the board regarding the placement of an
\n7053 offender into the program.
\n7054 (d) The department may not consider credit for time served in a county jail awaiting
\n7055 trial or sentencing when calculating the 120-day period.
\n7056 (e) The prosecuting attorney or sentencing court may refer an offender for
\n7057 consideration by the department for participation in the program.
\n7058 (f) The board shall determine whether or not to place an offender into this program
\n7059 within 30 days of receiving the department’s recommendation.
\n7060 (4) This program shall be implemented by the department within the existing budget.
\n7061 (5) During the time the offender is on parole, the department shall collect from the
\n7062 offender the monthly supervision fee authorized by Section 64-13-21.
\n7063 (6) When a parolee commits a violation of the parole agreement, the department may:
\n7064 (a) impose a graduated sanction pursuant to Section 64-13-21; or
\n7065 (b) when the graduated sanctions matrix under Subsection 63M-7-404(6) indicates,
\n7066 refer the parolee to the Board of Pardons and Parole for revocation of parole.
\n7067 Section 209. Section 77-27-11 is amended to read:
\n7068 77-27-11. Revocation of parole.
\n7069 (1) The board may revoke the parole of any person who is found to have violated any
\n7070 condition of his parole.
\n7071 (2) (a) If a parolee is [detained] confined by the Department of Corrections or any law
\n7072 enforcement official for a suspected violation of parole, the Department of Corrections shall
\n7073 immediately report the alleged violation to the board, by means of an incident report, and make
\n7074 any recommendation regarding the incident.
\n7075 (b) No parolee may be held for a period longer than 72 hours, excluding weekends and
\n7076 holidays, without first obtaining a warrant.
\n7077 (3) Any member of the board may issue a warrant based upon a certified warrant
\n7078 request to a peace officer or other persons authorized to arrest, detain, and return to actual
\n7079 custody a parolee, and may upon arrest or otherwise direct the Department of Corrections to
\n7080 determine if there is probable cause to believe that the parolee has violated the conditions of his
\n7081 parole.
\n7082 (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
\n7083 again pending a hearing by the board or its appointed examiner.
\n7084 (5) (a) The board or its appointed examiner shall conduct a hearing on the alleged
\n7085 violation, and the parolee shall have written notice of the time and location of the hearing, the
\n7086 alleged violation of parole, and a statement of the evidence against him.
\n7087 (b) The board or its appointed examiner shall provide the parolee the opportunity:
\n7088 (i) to be present;
\n7089 (ii) to be heard;
\n7090 (iii) to present witnesses and documentary evidence;
\n7091 (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
\n7092 for not allowing the confrontation; and
\n7093 (v) to be represented by counsel when the parolee is mentally incompetent or pleading
\n7094 not guilty.
\n7095 (c) If heard by an appointed examiner, the examiner shall make a written decision
\n7096 which shall include a statement of the facts relied upon by the examiner in determining the
\n7097 guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
\n7098 alleged violation occurred. The appointed examiner shall then refer the case to the board for
\n7099 disposition.
\n7100 (d) Final decisions shall be reached by majority vote of the members of the board
\n7101 sitting and the parolee shall be promptly notified in writing of the board’s findings and
\n7102 decision.
\n7103 (6) (a) Parolees found to have violated the conditions of parole may, at the discretion of
\n7104 the board, be returned to parole, have restitution ordered, or be imprisoned again as determined
\n7105 by the board, not to exceed the maximum term, or be subject to any other conditions the board
\n7106 may impose within its discretion.
\n7107 (b) If the board revokes parole for a violation and orders incarceration, the board shall
\n7108 impose a period of incarceration consistent with the guidelines under Subsection
\n7109 63M-7-404(5).
\n7110 (c) The following periods of time constitute service of time toward the period of
\n7111 incarceration imposed under Subsection (6)(b):
\n7112 (i) time served in jail by a parolee awaiting a hearing or decision concerning revocation
\n7113 of parole; and
\n7114 (ii) time served in jail by a parolee due to a violation of parole under Subsection
\n7115 64-13-6(2).
\n7116 Section 210. Section 78A-5-201 is amended to read:
\n7117 78A-5-201. Creation and expansion of existing drug court programs — Definition
\n7118 of drug court program — Criteria for participation in drug court programs — Reporting
\n7119 requirements.
\n7120 (1) There may be created a drug court program in any judicial district that
\n7121 demonstrates:
\n7122 (a) the need for a drug court program; and
\n7123 (b) the existence of a collaborative strategy between the court, prosecutors, defense
\n7124 counsel, corrections, and substance abuse treatment services to reduce substance abuse by
\n7125 offenders.
\n7126 (2) The collaborative strategy in each drug court program shall:
\n7127 (a) include monitoring and evaluation components to measure program effectiveness;
\n7128 and
\n7129 (b) be submitted to, for the purpose of coordinating the disbursement of funding, the:
\n7130 (i) executive director of the Department of Human Services;
\n7131 (ii) executive director of the Department of Corrections; and
\n7132 (iii) state court administrator.
\n7133 (3) (a) Funds disbursed to a drug court program shall be allocated as follows:
\n7134 (i) 87% to the Department of Human Services for testing, treatment, and case
\n7135 management; and
\n7136 (ii) 13% to the Administrative Office of the Courts for increased judicial and court
\n7137 support costs.
\n7138 (b) This provision does not apply to federal block grant funds.
\n7139 (4) A drug court program shall include continuous judicial supervision using a
\n7140 cooperative approach with prosecutors, defense counsel, corrections, substance abuse treatment
\n7141 services, juvenile court probation, and the Division of Child and Family Services as appropriate
\n7142 to promote public safety, protect participants’ due process rights, and integrate substance abuse
\n7143 treatment with justice system case processing.
\n7144 (5) Screening criteria for participation in a drug court program shall include:
\n7145 (a) a plea to, conviction of, or adjudication for a nonviolent drug offense or
\n7146 drug-related offense;
\n7147 (b) an agreement to frequent alcohol and other drug testing;
\n7148 (c) participation in one or more substance abuse treatment programs; and
\n7149 (d) an agreement to submit to sanctions for noncompliance with drug court program
\n7150 requirements.
\n7151 (6) (a) The Judicial Council shall develop rules prescribing eligibility requirements for
\n7152 participation in adult criminal drug courts.
\n7153 (b) Acceptance of an offender into a drug court shall be based on a risk and needs
\n7154 assessment, without regard to the nature of the offense.
\n7155 Section 211. Effective date.
\n7156 (1) Except as provided in Subsections (2) and (3), this bill takes effect on May 12,
\n7157 2015.
\n7158 (2) Section 64-13e-104 takes effect on July 1, 2015; and
\n7159 (3) The following sections take effect on October 1, 2015:
\n7160 (a) Section 58-37-8;
\n7161 (b) Section 64-13-6;
\n7162 (c) Section 64-13-10.5;
\n7163 (d) Section 64-13-14.5;
\n7164 (e) Section 64-13-21;
\n7165 (f) Section 64-13-29;
\n7166 (g) Section 76-3-202;
\n7167 (h) Section 77-18-1;
\n7168 (i) Section 77-27-10; and
\n7169 (j) Section 77-27-11. <\/p>\n","protected":false},"excerpt":{"rendered":"
Enrolled 1st Sub. 1 CRIMINAL JUSTICE PROGRAMS AND AMENDMENTS 2 2015 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Eric K. Hutchings 5 Senate Sponsor: J. Stuart Adams 6 Cosponsors: 7 Patrice M. Arent 8 Stewart Barlow 9 Joel K. Briscoe 10 Melvin R. Brown 11 Rebecca Chavez-Houck 12 LaVar Christensen 13 Kim Coleman … Read More →<\/a><\/p>\n","protected":false},"author":1,"featured_media":168,"parent":145,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":"","_links_to":"","_links_to_target":""},"class_list":["post-162","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/pages\/162","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/comments?post=162"}],"version-history":[{"count":3,"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/pages\/162\/revisions"}],"predecessor-version":[{"id":167,"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/pages\/162\/revisions\/167"}],"up":[{"embeddable":true,"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/pages\/145"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/media\/168"}],"wp:attachment":[{"href":"http:\/\/inmateinfo.washeriff.net\/index.php\/wp-json\/wp\/v2\/media?parent=162"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}