41-6a-706.5.  Definitions — Operation of motor vehicle near a vulnerable user of a highway prohibited — Endangering a vulnerable user of a highway prohibited.

(1)  As used in this section, “vulnerable user of a highway” means:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 41-6a-706.5

  • Bicycle: includes an electric assisted bicycle. 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
  • Farm tractor: means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 41-6a-102
  • Golf cart: means a device that:
    (i) is designed for transportation by players on a golf course;
    (ii) has not less than three wheels in contact with the ground;
    (iii) has an unladen weight of less than 1,800 pounds;
    (iv) is designed to operate at low speeds; and
    (v) is designed to carry not more than six persons including the driver. 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 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
  • Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. 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
  • Motorcycle: means :
    (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
    (b) an autocycle. 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
  • Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. 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)  a pedestrian, including a person engaged in work upon a highway or upon utilities facilities along a highway or providing emergency services within the right-of-way of a highway;

    (b)  a person riding an animal; or

    (c)  a person operating any of the following on a highway:

    (i)  a farm tractor or implement of husbandry, without an enclosed shell;

    (ii)  a skateboard;

    (iii)  roller skates;

    (iv)  in-line skates;

    (v)  a bicycle;

    (vi)  an electric-assisted bicycle;

    (vii)  an electric personal assistive mobility device;

    (viii)  a moped;

    (ix)  a motor assisted scooter;

    (x)  a motor-driven cycle;

    (xi)  a motorcycle;

    (xii)  a manual wheelchair; or

    (xiii)  a golf cart.
  • (2)  An operator of a motor vehicle may not knowingly, intentionally, or recklessly:

    (a)  operate a motor vehicle within three feet of a vulnerable user of a highway;

    (b)  distract or attempt to distract a vulnerable user of a highway for the purpose of causing violence or injury to the vulnerable user of a highway;

    (c)  force or attempt to force a vulnerable user of a highway off of the roadway for a purpose unrelated to public safety; or

    (d)  cause a motor vehicle to emit an excessive amount of exhaust in a manner that distracts or endangers a vulnerable user of a highway.

    (3) 

    (a)  Except as provided in Subsection (3)(b), a violation of Subsection (2) is an infraction.

    (b)  A violation of Subsection (2) that results in bodily injury to the vulnerable user of a highway is a class C misdemeanor.

    Amended by Chapter 84, 2020 General Session