2 2001 GENERAL SESSION

3 STATE OF UTAH

4 Sponsor: Marda Dillree

5 This act modifies the Motor Vehicles Code to amend certain operating and equipment

6 provisions for bicycles and other human powered vehicles.

7 This act affects sections of Utah Code Annotated 1953 as follows:

8 AMENDS:

16 Be it enacted by the Legislature of the state of Utah:

17 Section 1. Section 41-6-71 is amended to read:

18 41-6-71. Signals -- How made -- Exceptions for right hand signals.

19 [Signals required to be given by hand and arm shall be given]

20 (1) Except as provided in Subsection (2), a person operating a vehicle shall give the

21 required hand and arm signals from the left side of the vehicle as follows:

22 [(1)] (a) Left turn: hand and arm extended horizontally;

23 [(2)] (b) Right turn: hand and arm extended upward; and

24 [(3)] (c) Stop or decrease speed: hand and arm extended downward.

25 (2) A person operating a bicycle or device propelled by human power may give the

26 required hand and arm signals for a right turn by extending the right hand and arm horizontally to

27 the right.

28 Section 2. Section 41-6-87 is amended to read:

29 41-6-87. Operation of bicycle or moped on and use of roadway -- Duties,

30 prohibitions.

31 (1) A person operating a bicycle or a moped upon a roadway at less than the normal speed

32 of traffic at the time and place and under the conditions then existing shall ride as near as

33 practicable to the right-hand edge of the roadway except when:

34 (a) overtaking and passing another bicycle or vehicle proceeding in the same direction;

35 (b) preparing to make a left turn at an intersection or into a private road or driveway; [or]

36 (c) traveling straight through an intersection that has a right-turn only lane that is in

37 conflict with the straight through movement; or

38 [(c)] (d) reasonably necessary to avoid conditions that make it unsafe to continue along

39 the right-hand edge of the roadway including[, but not limited to,] fixed or moving objects, parked

40 or moving vehicles, bicycles, pedestrians, animals, surface hazards, or [substandard width lanes

41 that make it unsafe to continue along the right-hand edge. In this subsection, "substandard width

42 lane" means] a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within

43 the lane.

44 (2) A person operating a bicycle or moped on a highway shall operate in the designated

45 direction of traffic.

46 [(2)] (3) Persons riding bicycles or mopeds upon a roadway may not ride more than two

47 abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons

48 riding two abreast may not impede the normal and reasonable movement of traffic and [on a laned

49 roadway] shall ride within a single lane.

50 [(3)] (4) If a usable path for bicycles has been provided adjacent to a roadway, bicycle

51 riders [shall] may be directed by official traffic-control devices to use the path and not the

52 roadway.

53 Section 3. Section 41-6-87.3 is amended to read:

54 41-6-87.3. Bicycles and human powered vehicle or device to yield right-of-way to

55 pedestrians on sidewalks, paths, or trails -- Uses prohibited -- Negligent collision prohibited

56 -- Speed restrictions -- Rights and duties same as pedestrians.

57 (1) A person operating a bicycle or any vehicle or device propelled by human power shall

58 yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing

59 a pedestrian.

60 (2) A person may not operate a bicycle or a vehicle or device propelled by human power

61 on a sidewalk, path, or trail, or across a roadway in a crosswalk, where prohibited by official

62 traffic-control devices or ordinance.

63 (3) A person may not operate a bicycle or any vehicle or device propelled by human power

64 in a negligent manner so as to collide with any pedestrian or other person operating a bicycle or

65 any vehicle or device propelled by human power.

66 (4) A person operating a bicycle or a vehicle or device propelled by human power on a

67 sidewalk, path, or trail, or across a driveway, or across a roadway on a crosswalk may not operate

68 at a speed greater than is reasonable and prudent under the existing conditions, giving regard to

69 the actual and potential hazards then existing.

70 [(4)] (5) Except as provided under [Subsection] Subsections (1) and (4), a person operating

71 a bicycle or a vehicle or device propelled by human power on a sidewalk, path, or trail, or across

72 a roadway on a crosswalk, has all the rights and duties applicable to a pedestrian under the same

73 circumstances.

74 Section 4. Section 41-6-87.7 is amended to read:

75 41-6-87.7. Bicycles and mopeds -- Turn signals -- Exceptions.

76 (1) Except as provided in this section, a person riding a bicycle or moped shall comply

77 with Section 41-6-69.

78 (2) [A signal of intention to turn right or left when required shall be given continuously

79 during not less than the last 100 feet traveled by the bicycle or moped before turning, and shall be

80 given while the bicycle or moped is stopped waiting to turn.] A person is not required to signal

81 by hand and arm [need not be given] continuously if the hand is needed in the control or operation

82 of the bicycle or moped.

83 (3) A person operating a bicycle or moped and who is stopped in a lane designated for

84 turning traffic only is not required to signal prior to making the turning movement.

85 Section 5. Section 41-6-90 is amended to read:

86 41-6-90. Bicycles -- Lamps and reflective material required.

87 (1) Every bicycle in use at the times described in Section 41-6-118 shall be equipped with

88 a:

89 (a) lamp of a type approved by the department which is on the front emitting a white light

90 visible from a distance of at least 500 feet to the front; and [with a]

91 (b) (i) red reflector of a type approved by the department which is visible for 500 feet to

92 the rear when directly in front of lawful lower beams of head lamps on a motor vehicle[.]; or

93 (ii) red taillight designed for use on a bicycle and emitting flashing or nonflashing light

94 visible from a distance of 500 feet to the rear.

95 (2) Every bicycle when in use at the times described in Section 41-6-118 shall be equipped

96 with reflective material of sufficient size and reflectivity to be visible from both sides for 500 feet

97 when directly in front of lawful lower beams of head lamps on a motor vehicle, or in lieu of

98 reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.

99 (3) A bicycle or its rider may be equipped with lights or reflectors in addition to those

100 required by Subsections (1) and (2).

101 Section 6. Section 41-6-106.10 is amended to read:

102 41-6-106.10. Sidewalk -- Driving prohibited -- Exception.

103 [No] Except for a bicycle or device propelled by human power, a person [shall drive any]

104 may not operate a vehicle upon a sidewalk or sidewalk area except upon a [permanent or duly

105 authorized or temporary] driveway.

106 Section 7. Section 41-6-140 is amended to read:

107 41-6-140. High intensity beams -- Red or blue lights -- Flashing lights -- Color of rear

108 lights and reflectors.

109 (1) During the times specified in Section 41-6-118, any lighted lamp or illuminating device

110 upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals,

111 vehicular hazard warning lamps, and school bus warning lamps, which projects a beam of light of

112 an intensity greater than 300 candlepower shall be so directed that no part of the high intensity

113 portion of the beam will strike the level of the roadway on which the vehicle stands at a distance

114 of more than 75 feet from the vehicle.

115 (2) Except as required in Sections 41-6-132 and 41-6-140.10, a person may not drive or

116 move any vehicle or equipment upon any highway with any lamp or device capable of displaying

117 a red or blue light visible from directly in front of the center of the vehicle.

118 (3) Flashing lights are prohibited except as authorized or required in Sections 41-6-90,

119 41-6-121.10, 41-6-130, 41-6-132, 41-6-133, 41-6-140.10, and 41-6-140.20.

120 (4) The alternately flashing lights described in Sections 41-6-132 and 41-6-140.10 may

121 not be used on any vehicle other than a school bus or an authorized emergency vehicle. The

122 rotating light described in Section 41-6-132 may not be used on any vehicle other than an

123 authorized emergency vehicle.

124 (5) All lighting devices and reflectors mounted on the rear of any vehicle shall display or

125 reflect a red color, except the stop light or other signal device, which may be red or yellow, and

126 except that the light illuminating the license plate shall be white and the light emitted by a back-up

127 lamp shall be white.

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

The Transportation Interim Committee recommended this bill.