(1)  For a charge of violation of a speed provision under this part, the citation or information shall specify the:

Terms Used In Utah Code 41-6a-607

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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)  speed at which the defendant is alleged to have operated a vehicle; and

(b)  speed limit applicable to the section of the highway where the violation is alleged to have occurred.

(2)  The provisions of this part declaring prima facie speed limitations do not relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.

Renumbered and Amended by Chapter 2, 2005 General Session