41-6a-1115.  Motor assisted scooters — Conflicting provisions — Restrictions — Penalties.

(1) 

Terms Used In Utah Code 41-6a-1115

(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:
(i) 
(A) the curbs; or
(B) in the absence of curbs, from the edges of the traversable roadway; and
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
  • 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
  • Motor assisted scooter: means a self-propelled device with:
    (i) at least two wheels in contact with the ground;
    (ii) a braking system capable of stopping the unit under typical operating conditions;
    (iii) an electric motor not exceeding 2,000 watts;
    (iv) either:
    (A) handlebars and a deck design for a person to stand while operating the device; or
    (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
    (v) a design for the ability to be propelled by human power alone; and
    (vi) a maximum speed of 20 miles per hour on a paved level surface. 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
  • parking: means the standing of a vehicle, whether the vehicle is occupied or not. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
  • Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. 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)  Except as otherwise provided in this section, a motor assisted scooter is subject to the provisions under this chapter for a bicycle.

    (b)  For a person operating a motor assisted scooter, the following provisions do not apply:

    (i)  seating positions under Section 41-6a-1501;

    (ii)  required lights, horns, and mirrors under Section 41-6a-1506;

    (iii)  entitlement to full use of a lane under Subsection 41-6a-1502(1); and

    (iv)  driver licensing requirements under Section 53-3-202.

    (c)  A person may operate a motor assisted scooter across a roadway in a crosswalk, except that the person may not operate the motor assisted scooter in a negligent manner in the crosswalk:

    (i)  so as to collide with a:

    (A)  pedestrian; or

    (B)  person operating a bicycle or vehicle or device propelled by human power; or

    (ii)  at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing.

    • (2)  A person under eight years of age may not operate a motor assisted scooter with the motor running on any public property, highway, path, or sidewalk.

    (3)  A person may not operate a motor assisted scooter:

    (a)  in a public parking structure;

    (b)  on public property posted as an area prohibiting bicycles;

    (c)  while carrying more persons at one time than the number for which it is designed;

    (d)  that has been structurally or mechanically altered from the original manufacturer’s design, except for an alteration by, or done at the request of, a person who rents the motor assisted scooter to lower the maximum speed for the motor assisted scooter; or

    (e)  at a speed of greater than 15 miles per hour or in violation of Subsection 41-6a-1115.1(3).

    (4)  Except where posted or prohibited by local ordinance, a motor assisted scooter is considered a nonmotorized vehicle if it is being used with the motor turned off.

    (5)  An owner may not authorize or knowingly permit a person under the age of 18 to operate a motor assisted scooter in violation of this section.

    (6)  A person who violates this section is guilty of an infraction.

    Amended by Chapter 428, 2019 General Session

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