| (1) |
Terms Used In Utah Code 41-6a-604.5- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement agency: means the same as that term is as defined in Section 53-1-102. 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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
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| (a) |
A school crossing guard who observes an operator of a vehicle violating Section 41-6a-604 may prepare a report of the alleged violation, in a manner specified by the law enforcement agency with jurisdiction, for the law enforcement agency no more than two working days after the alleged violation occurred. |
| (b) |
The report under Subsection (1)(a) shall contain:
| (i) |
the date, time, and location of the violation; |
| (ii) |
the license plate number and state; |
| (iii) |
a description of the offending vehicle; |
| (iv) |
as much as practical, a description of the operator of the offending vehicle; |
| (v) |
a description of the incident involving the violation; |
| (vi) |
information on how to contact the school crossing guard who witnessed the offense; and |
| (vii) |
the signature of the school crossing guard who witnessed the offense attesting to the accuracy of the report. |
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| (2) |
| (a) |
Upon receiving a report in accordance with Subsection (1), the law enforcement agency shall promptly send a notification letter to the last-known registered owner of the vehicle. |
| (b) |
The notification letter shall include:
| (i) |
the applicable information on the school crossing guard’s report stating that the vehicle was observed speeding in a reduced speed school zone in violation of state law; |
| (ii) |
a complete explanation of the applicable provisions of Section 41-6a-604; and |
| (iii) |
an explanation that the notification letter is not a peace officer citation but is an effort to call attention to the seriousness of the incident. |
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| (c) |
A law enforcement agency shall make reporting forms for a report under Subsection (1) available:
| (i) |
to a school crossing guard; and |
| (ii) |
in school administrative offices. |
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| (3) |
A law enforcement agency that receives a report under Subsection (1) may have a peace officer initiate an investigation of the reported violation. |
Enacted by Chapter 124, 2009 General Session
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