Terms Used In Utah Code 41-6a-1302

• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bus: means a motor vehicle:

  (i)	designed for carrying more than 15 passengers and used for the transportation of persons; or

  (ii)

  designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102 Conviction: A judgement of guilt against a criminal defendant. Department: means the Department of Public Safety. See Utah Code 41-6a-102 Divided highway: means a highway divided into two or more roadways by: (a)  an unpaved intervening space; (b)  a physical barrier; or (c)  a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102 Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102 Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102 Operator: means : (a)  a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102 Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102 Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102 School bus: means a motor vehicle that: (i)  complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and (ii)  is used to transport school children to or from school or school activities. See Utah Code 41-6a-102 Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102 Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102 Two-way left turn lane: means a lane: (a)  provided for vehicle operators making left turns in either direction; (b)  that is not used for passing, overtaking, or through travel; and (c)  that has been indicated by a lane traffic-control device that may include lane markings. See Utah Code 41-6a-102 Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102 (a)  bear on the front and rear of the bus a plainly visible sign containing the words “school bus” in letters not less than eight inches in height, which shall be removed or covered when the vehicle is not in use for the transportation of school children; and (b)  be equipped with alternating flashing amber and red light signals visible from the front and rear, of a type approved and mounted as required under Section 41-6a-1301 and prescribed by the department under Section 41-6a-1601. (2)  The operator of a vehicle on a highway, upon meeting or overtaking a school bus equipped with signals required under this section which is displaying alternating flashing: (a)  amber warning light signals, shall slow the vehicle, but may proceed past the school bus using due care and caution at a speed not greater than specified in Subsection 41-6a-601(2) for school zones for the safety of the school children that may be in the vicinity; or (b)  red light signals visible from the front or rear, shall stop immediately before reaching the bus and may not proceed until the flashing red light signals cease operation. (3)  The operator of a vehicle need not stop upon meeting or passing a school bus displaying alternating flashing red light signals if the school bus is traveling in the opposite direction when: (a)  traveling on a divided highway; (b)  the bus is stopped at an intersection or other place controlled by a traffic-control signal or by a peace officer; or (c)  on a highway of five or more lanes, which may include a left-turn lane or two-way left turn lane. (4)  (a)  The operator of a school bus shall operate alternating flashing red light signals at all times when: (i)  children are unloading from a school bus to cross a highway; (ii)  a school bus is stopped for the purpose of loading children who must cross a highway to board the bus; or (iii)  it would be hazardous for vehicles to proceed past the stopped school bus. (b)  The alternating flashing red light signals may not be operated except: (i)  when the school bus is stopped for loading or unloading school children; or (ii)  for an emergency purpose. (5)  The operator of a school bus being operated on a highway shall have the headlights of the school bus lighted. (6)  (a)  A violation of Subsection (2) or (3) is a class C misdemeanor and the minimum penalty is: (i)  $250 and 10 hours of compensatory service for a first offense; (ii)  $500 and 20 hours of compensatory service for a second offense within three years of a previous conviction or bail forfeiture; and (iii)  $1,000 and 40 hours of compensatory service for a third or subsequent offense within three years of a previous conviction or bail forfeiture. (b)  A violation of Subsection (5) is an infraction and the fine is $50. (c)  The court may order the person to perform compensatory service in lieu of the fine or any portion of the fine if the court makes the reasons for the waiver part of the record. (d)  In accordance with Section 78A-5-110, 78A-6-210, or 78A-7-120, as applicable, if a photograph or video image obtained from an automated traffic enforcement safety device described in Section 41-6a-1310 was used as evidence of a violation of Subsection (2) or (3), 20% of the fine collected under Subsection (6)(a) shall be deposited with the school district or private school that owns or contracts for the operation of the bus to offset the costs of the automated traffic enforcement safety device. (7)  A violation of Subsection (1) or (4) is an infraction. (8)  The Driver License Division shall develop and implement a record system to distinguish: (a)  a conviction or bail forfeiture under this section from other convictions; and (b)  between a first and subsequent conviction or bail forfeiture under this section. Amended by Chapter 55, 2020 General Session   Previous section Next section    Part 13 Contents