Terms Used In Utah Code > Title 13 > Chapter 12 - Gasoline Products Marketing Act

• Adversely affected party: means a person other than a land use applicant who:

  (a)	owns real property adjoining the property that is the subject of a land use application or land use decision; or

  (b)

  will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103 Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authorized emergency vehicle: includes : (a)  fire department vehicles; (b)  police vehicles; (c)  ambulances; and (d)  other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102 Bus: means a motor vehicle: (i)  designed for carrying more than 15 passengers and used for the transportation of persons; or (ii)  designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Controlled-access highway: means a highway, street, or roadway: (a)  designed primarily for through traffic; and (b)  to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Crosswalk: means : (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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Public Safety. 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 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Divided highway: means a highway divided into two or more roadways by: (a)  an unpaved intervening space; (b)  a physical barrier; or (c)  a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102 Electric assisted bicycle: means a bicycle with an electric motor that: (a)  has a power output of not more than 750 watts; (b)  has fully operable pedals on permanently affixed cranks; (c)  is fully operable as a bicycle without the use of the electric motor; and (d)  is one of the following: (i)  an electric assisted bicycle equipped with a motor or electronics that: (A)  provides assistance only when the rider is pedaling; and (B)  ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; (ii)  an electric assisted bicycle equipped with a motor or electronics that: (A)  may be used exclusively to propel the bicycle; and (B)  is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or (iii)  an electric assisted bicycle equipped with a motor or electronics that: (A)  provides assistance only when the rider is pedaling; (B)  ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and (C)  is equipped with a speedometer. 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 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102 General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103 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 Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102 Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102 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. Land: includes :Utah Code 68-3-12.5 Land use authority: means : (a)  a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b)  if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103 Land use decision: means an administrative decision of a land use authority or appeal authority regarding: (a)  a land use permit; or (b)  a land use application. See Utah Code 10-9a-103 Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legislative body: means the municipal council. See Utah Code 10-9a-103 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Mini-motorcycle: means a motorcycle or motor-driven cycle that has a seat or saddle that is less than 24 inches from the ground as measured on a level surface with properly inflated tires. See Utah Code 41-6a-102 Mobility disability: means the inability of a person to use one or more of the person's extremities or difficulty with motor skills, that may include limitations with walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition. 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 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. 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 Other on-track equipment: means a railroad car, hi-rail vehicle, rolling stock, or other device operated, alone or coupled with another device, on stationary rails. 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Pedestrian: means a person traveling: (a)  on foot; or (b)  in a wheelchair. See Utah Code 41-6a-102 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103 Person: means :Utah Code 68-3-12.5 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Private road or driveway: means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Utah Code 41-6a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103 Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103 Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102 Railroad sign or signal: means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. See Utah Code 41-6a-102 Railroad train: means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails. 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 Road: includes :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 Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting: (a)  parliamentary order and procedure; (b)  ethical behavior; and (c)  civil discourse. See Utah Code 10-9a-103 Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Utah Code 41-6a-102 School bus: means a motor vehicle that: (i)  complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and (ii)  is used to transport school children to or from school or school activities. See Utah Code 41-6a-102 Semitrailer: means a vehicle with or without motive power: (i)  designed for carrying persons or property and for being drawn by a motor vehicle; and (ii)  constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. 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 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Soft-surface trail: means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle. See Utah Code 41-6a-102 standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-102 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 Statute: A law passed by a legislature. Subdivision: includes : (i)  the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii)  except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103 Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102 Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102 Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102 Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102 Two-way left turn lane: means a lane: (a)  provided for vehicle operators making left turns in either direction; (b)  that is not used for passing, overtaking, or through travel; and (c)  that has been indicated by a lane traffic-control device that may include lane markings. See Utah Code 41-6a-102 Unincorporated: means the area outside of the incorporated area of a city or town. See Utah Code 10-9a-103 United States: includes each state, district, and territory of the United States of America. 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 Writing: includes :Utah Code 68-3-12.5