41-6a-1116.  Electric personal assistive mobility devices — Conflicting provisions — Restrictions — Penalties.

(1) 

Terms Used In Utah Code 41-6a-1116

  • Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
  • Direct supervision: means oversight at a distance within which:
(a) visual contact is maintained; and
(b) advice and assistance can be given and received. See Utah Code 41-6a-102
  • Electric personal assistive mobility device: means a self-balancing device with:
    (i) two nontandem wheels in contact with the ground;
    (ii) a system capable of steering and stopping the unit under typical operating conditions;
    (iii) an electric propulsion system with average power of one horsepower or 750 watts;
    (iv) a maximum speed capacity on a paved, level surface of 12. 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
  • Moped: means a motor-driven cycle having:
    (i) pedals to permit propulsion by human power; and
    (ii) a motor that:
    (A) produces not more than two brake horsepower; and
    (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102
  • Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
    (i) an engine with less than 150 cubic centimeters displacement; or
    (ii) a motor that produces not more than five horsepower. 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
  • Pedestrian: means a person traveling:
    (a) on foot; or
    (b) in a wheelchair. 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
  • 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
  • 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
  • (a)  Except as otherwise provided in this section, an electric personal assistive mobility device is subject to the provisions under this chapter for a bicycle, moped, or a motor-driven cycle.

    (b)  For a person operating an electric personal assistive mobility device, 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.
  • (2)  A person under 15 years of age may not operate an electric personal assistive mobility device using the motor unless the person is under the direct supervision of the person’s parent or guardian.

    (3)  A person may not operate an electric personal assistive mobility device:

    (a)  on a highway consisting of a total of four or more lanes designated for regular vehicular traffic;

    (b)  on a highway with a posted speed limit greater than 35 miles per hour; or

    (c)  that has been structurally or mechanically altered from the original manufacturer’s design.

    (4)  An owner may not authorize or knowingly permit a person to operate an electric personal assistive mobility device in violation of this section.

    (5)  A person may operate an electric personal assistive mobility device on a sidewalk if the operation does not:

    (a)  exceed a speed which is greater than is reasonable or prudent having due regard for weather, visibility, and pedestrians; or

    (b)  endanger the safety of other persons or property.

    (6)  A person operating an electric personal assistive mobility device shall yield to a pedestrian or other person using a mobility aid.

    (7) 

    (a)  An electric personal assistive mobility device may be operated on:

    (i)  a path or trail designed for the use of a bicycle; or

    (ii)  on a highway where a bicycle is allowed if the speed limit on the highway does not exceed 35 miles per hour.

    (b)  A person operating an electric personal assistive mobility device in an area described in Subsection (7)(a)(i) or (ii) is subject to the laws governing bicycles.

    (8)  A person may operate an electric personal assistive mobility device at night if the device is equipped with or the operator is wearing:

    (a)  a lamp pointing to the front that emits a white light visible from a distance of not less than 300 feet in front of the device; and

    (b)  front, rear, and side reflectors.

    (9)  A person may not operate an electric personal assistive mobility device while carrying an article that prevents the person from keeping both hands on the handlebars or interferes with the person’s ability to safely operate the electric personal assistive mobility device.

    (10)  Only one person may operate an electric personal assistive mobility device at a time.

    (11)  A person may not park an electric personal assistive mobility device on a highway or sidewalk in a manner that obstructs vehicular or pedestrian traffic.

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

    Amended by Chapter 412, 2015 General Session