Electric Mobility Device Amendments

55
13-20-2
13-35-102
41-1a-102
41-6a-102
41-6a-526
41-6a-706.5
41-6a-1115
41-6a-1115.5
41-6a-1115.6
41-6a-1116
41-6a-1501
41-6a-1502
41-6a-1503
41-6a-1504
41-6a-1505
41-6a-1506
41-6a-1511
41-6a-1512
41-6a-1513
41-22-2
41-22-3.5
53-3-202
63I-1-241
79-7-301
13-20-2
13-35-102
41-1a-102
41-6a-102
41-6a-526
41-6a-706.5
41-6a-1115
41-6a-1115.5
41-6a-1115.6
41-6a-1116
41-6a-1501
41-6a-1502
41-6a-1503
41-6a-1504
41-6a-1505
41-6a-1506
41-6a-1511
41-6a-1512
41-6a-1513
41-22-2
41-22-3.5
53-3-202
63I-1-241
79-7-301
0
Electric Mobility Device Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: Todd Weiler

Cosponsor:
Matt MacPherson
Clinton D. Okerlund
Ariel Defay
Tracy J. Miller
David Shallenberger
LONG TITLE
General Description:
This bill amends provisions regarding electric assisted bicycles and other devices.
Highlighted Provisions:
This bill:
defines terms;
clarifies that the definition of motorcycle includes a motorcycle being powered by an
electric or combustion engine;
makes it unlawful to consume alcohol while operating an electric assisted bicycle;
addresses tampering with or modifying equipment beyond the manufacturer's original
settings on an electric assisted bicycle or motorcycle;
requires an individual under 21 years old
to wear a helmet while operating certain devices
on a highway;
allows a peace officer to hold an individual's electric vehicle and release it to a parent if
the peace officer observes a violation and the individual is under 18 years old;
creates a safety course for the operation of certain electric devices on a highway and
describes the circumstances under which the course is required; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-20-2
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 234
13-35-102
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 507
41-1a-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 285
41-6a-102
Effective
05/06/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, Chapters 220, 471
41-6a-526
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 84
41-6a-706.5
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 84
41-6a-1115
Effective
05/05/27
, as last amended by Laws of Utah 2019, Chapter 428
41-6a-1115.5
Effective
05/05/27
, as last amended by Laws of Utah 2024, Chapter 445
41-6a-1116
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 452
41-6a-1501
Effective
05/06/26
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-1502
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 74
41-6a-1503
Effective
05/06/26
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-1504
Effective
05/06/26
, as last amended by Laws of Utah 2015, Chapter 412
41-6a-1505
Effective
05/06/26
, as last amended by Laws of Utah 2017, Chapter 369
41-6a-1506
Effective
05/06/26
, as last amended by Laws of Utah 2016, Chapter 40
41-22-2
Effective
05/06/26
Partially Repealed
07/01/27
, as last amended by Laws of
Utah 2025, Chapter 285
41-22-3.5
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 279
53-3-202
Effective
05/05/27
, as last amended by Laws of Utah 2025, Chapter 229
63I-1-241
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 277
79-7-301
Effective
05/06/26
, as enacted by Laws of Utah 2021, Chapter 280
ENACTS:
41-6a-1115.6
Effective
05/06/26
, Utah Code Annotated 1953
41-6a-1511
Effective
05/06/26
, Utah Code Annotated 1953
41-6a-1512
Effective
05/05/27
, Utah Code Annotated 1953
41-6a-1513
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-20-2
is amended to read:
13-20-2
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Consumer" means an individual who enters into an agreement or contract for the
transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or
sublease during the duration of the period defined under Section
13-20-5
.
(2)
"Manufacturer" means manufacturer, importer, distributor, or anyone who is named as
the warrantor on an express written warranty on a motor vehicle.
(3)
"Motor home" means a self-propelled vehicular unit, primarily designed as a temporary
dwelling for travel, recreational, and vacation use.
(4)
(a)
"Motor vehicle" includes:
(i)
a motor home, as defined in this section, but only the self-propelled vehicle and
chassis sold in this state;
(ii)
a motor vehicle, as defined in Section
41-1a-102
, sold in this state; and
(iii)
a motorcycle, as defined in Section
41-1a-102
, sold in this state if the motorcycle
is designed primarily for use and operation on paved highways.
(b)
"Motor vehicle" does not include:
(i)
those portions of a motor home designated, used, or maintained primarily as a
mobile dwelling, office, or commercial space;
(ii)
a road tractor or truck tractor as defined in Section
41-1a-102
;
(iii)
a mobile home as defined in Section
41-1a-102
;
(iv)
any motor vehicle with a gross laden weight of over 14,000 pounds, except:
(A)
a motor home as defined under Subsection
(3)
; and
(B)
a farm tractor as defined in Section
41-1a-102
;
(v)
a motorcycle, as defined in Section
41-1a-102
, if the motorcycle is designed
primarily for use or operation over unimproved terrain;
(vi)
an electric assisted bicycle as defined in Section
41-6a-102
;
(vii)
a moped as defined in Section
41-6a-102
;
or
(viii)
a motor assisted scooter as defined in Section
41-6a-102
; or
.
(ix)
a motor-driven cycle as defined in Section
41-6a-102
.
(5)
"Recreational vehicle trailer" means a travel trailer, camping trailer, or fifth wheel
trailer.
Section 2. Section
13-35-102
is amended to read:
13-35-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Dealership" means a site or location in this state:
(a)
at which a franchisee conducts the business of a new powersport vehicle dealer; and
(b)
that is identified as a new powersport vehicle dealer's principal place of business for
registration purposes under Section
13-35-105
.
(2)
"Department" means the Department of Commerce.
(3)
"Executive director" means the executive director of the Department of Commerce.
(4)
"Franchise" or "franchise agreement" means a written agreement, for a definite or
indefinite period, in which:
(a)
a person grants to another person a license to use a trade name, trademark, service
mark, or related characteristic; and
(b)
a community of interest exists in the marketing of new powersport vehicles, new
powersport vehicle parts, and services related to the sale or lease of new powersport
vehicles at wholesale or retail.
(5)
"Franchisee" means a person with whom a franchisor has agreed or permitted, in writing
or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured,
produced, represented, or distributed by the franchisor.
(6)
(a)
"Franchisor" means a person who has, in writing or in practice, agreed with or
permits a franchisee to purchase, sell, or offer for sale new powersport vehicles
manufactured, produced, represented, or distributed by the franchisor, and includes:
(i)
the manufacturer or distributor of the new powersport vehicles;
(ii)
an intermediate distributor;
(iii)
an agent, officer, or field or area representative of the franchisor; and
(iv)
a person who is affiliated with a manufacturer or a representative or who directly
or indirectly through an intermediary is controlled by, or is under common control
with the manufacturer.
(b)
For purposes of Subsection
(6)(a)(iv)
, a person is controlled by a manufacturer if the
manufacturer has the authority directly or indirectly by law or by an agreement of the
parties, to direct or influence the management and policies of the person.
(7)
"Lead" means the referral by a franchisor to a franchisee of an actual or potential
customer for the purchase or lease of a new powersport vehicle, or for service work
related to the franchisor's vehicles.
(8)
"Line-make" means the powersport vehicles that are offered for sale, lease, or
distribution under a common name, trademark, service mark, or brand name of the
franchisor, or manufacturer of the powersport vehicle.
(9)
"New powersport vehicle dealer" means a person who is engaged in the business of
buying, selling, offering for sale, or exchanging new powersport vehicles either outright
or on conditional sale, bailment, lease, chattel mortgage, or otherwise who has
established a place of business for the sale, lease, trade, or display of powersport
vehicles.
(10)
"Notice" or "notify" includes both traditional written communications and all reliable
forms of electronic communication unless expressly prohibited by statute or rule.
(11)
(a)
"Powersport vehicle" means:
(i)
an all-terrain type I, type II, or type III vehicle "ATV" defined in Section
41-22-2
;
(ii)
a snowmobile as defined in Section
41-22-2
;
(iii)
a motorcycle as defined in Section
41-1a-102
;
(iv)
a personal watercraft as defined in Section
73-18-2
;
or
(v)
except as provided in Subsection (11)(b), a motor-driven cycle as defined in
Section
41-6a-102
; or
(vi)
(v)
a moped as defined in Section
41-6a-102
.
(b)
"Powersport vehicle" does not include:
(i)
an electric assisted bicycle defined in Section
41-6a-102
;
(ii)
a motor assisted scooter as defined in Section
41-6a-102
; or
(iii)
an electric personal assistive mobility device as defined in Section
41-6a-102
.
(12)
"Relevant market area" means:
(a)
for a powersport dealership in a county that has a population of less than 225,000:
(i)
the county in which the powersport dealership exists or is to be established or
relocated; and
(ii)
in addition to the county described in Subsection
(12)(a)(i)
, the area within a
15-mile radius from the site of the existing, new, or relocated dealership; or
(b)
for a powersport dealership in a county that has a population of 225,000 or more, the
area within a 10-mile radius from the site of the existing, new, or relocated dealership.
(13)
"Sale, transfer, or assignment" means any disposition of a franchise or an interest in a
franchise, with or without consideration, including a bequest, inheritance, gift, exchange,
lease, or license.
(14)
"Serve" or "served," unless expressly indicated otherwise by statute or rule, includes
any reliable form of communication.
(15)
"Written," "write," "in writing," or other variations of those terms shall include all
reliable forms of electronic communication.
Section 3. Section
41-1a-102
is amended to read:
41-1a-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Actual miles" means the actual distance a vehicle has traveled while in operation.
(2)
"Actual weight" means the actual unladen weight of a vehicle or combination of
vehicles as operated and certified to by a weighmaster.
(3)
"All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(4)
"All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(5)
"All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(6)
"Alternative fuel vehicle" means:
(a)
an electric motor vehicle;
(b)
a hybrid electric motor vehicle;
(c)
a plug-in hybrid electric motor vehicle; or
(d)
a motor vehicle powered exclusively by a fuel other than:
(i)
motor fuel;
(ii)
diesel fuel;
(iii)
natural gas; or
(iv)
propane.
(7)
"Amateur radio operator" means a person licensed by the Federal Communications
Commission to engage in private and experimental two-way radio operation on the
amateur band radio frequencies.
(8)
"Autocycle" means the same as that term is defined in Section
53-3-102
.
(9)
"Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(10)
"Branded title" means a title certificate that is labeled:
(a)
rebuilt and restored to operation;
(b)
flooded and restored to operation; or
(c)
not restored to operation.
(11)
"Camper" means a structure designed, used, and maintained primarily to be mounted
on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile
dwelling, sleeping place, commercial space, or facilities for human habitation or for
camping.
(12)
"Certificate of title" means a document issued by a jurisdiction to establish a record of
ownership between an identified owner and the described vehicle, vessel, or outboard
motor.
(13)
"Certified scale weigh ticket" means a weigh ticket that has been issued by a
weighmaster.
(14)
"Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or maintained
for the transportation of persons or property that operates:
(a)
as a carrier for hire, compensation, or profit; or
(b)
as a carrier to transport the vehicle owner's goods or property in furtherance of the
owner's commercial enterprise.
(15)
"Commission" means the State Tax Commission.
(16)
"Consumer price index" means the same as that term is defined in Section
59-13-102
.
(17)
"Dealer" means a person engaged or licensed to engage in the business of buying,
selling, or exchanging new or used vehicles, vessels, or outboard motors either outright
or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an
established place of business for the sale, lease, trade, or display of vehicles, vessels, or
outboard motors.
(18)
"Diesel fuel" means the same as that term is defined in Section
59-13-102
.
(19)
"Division" means the Motor Vehicle Division of the commission, created in Section
41-1a-106
.
(20)
"Dynamic driving task" means the same as that term is defined in Section
41-26-102.1
.
(21)
"Electric motor vehicle" means a motor vehicle that is powered solely by an electric
motor drawing current from a rechargeable energy storage system.
(22)
"Essential parts" means the integral and body parts of a vehicle of a type required to be
registered in this state, the removal, alteration, or substitution of which would tend to
conceal the identity of the vehicle or substantially alter the vehicle's appearance, model,
type, or mode of operation.
(23)
"Farm tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(24)
(a)
"Farm truck" means a truck used by the owner or operator of a farm solely for
the owner's or operator's own use in the transportation of:
(i)
farm products, including livestock and its products, poultry and its products,
floricultural and horticultural products;
(ii)
farm supplies, including tile, fence, and any other thing or commodity used in
agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii)
livestock, poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of a farm.
(b)
"Farm truck" does not include the operation of trucks by commercial processors of
agricultural products.
(25)
"Fleet" means:
(a)
one or more commercial vehicles; or
(b)
for purposes of Section
41-1a-215
, one or more personal vehicles.
(26)
"Foreign vehicle" means a vehicle of a type required to be registered, brought into this
state from another state, territory, or country other than in the ordinary course of
business by or through a manufacturer or dealer, and not registered in this state.
(27)
"Gross laden weight" means the actual weight of a vehicle or combination of vehicles,
equipped for operation, to which shall be added the maximum load to be carried.
(28)
"Highway" or "street" means the entire width between property lines of every way or
place of whatever nature when any part of it is open to the public, as a matter of right,
for purposes of vehicular traffic.
(29)
"Hybrid electric motor vehicle" means a motor vehicle that draws propulsion energy
from onboard sources of stored energy that are both:
(a)
an internal combustion engine or heat engine using consumable fuel; and
(b)
a rechargeable energy storage system where energy for the storage system comes
solely from sources onboard the vehicle.
(30)
(a)
"Identification number" means the identifying number assigned by the
manufacturer or by the division for the purpose of identifying the vehicle, vessel, or
outboard motor.
(b)
"Identification number" includes a vehicle identification number, state assigned
identification number, hull identification number, and motor serial number.
(31)
"Implement of husbandry" means a vehicle designed or adapted and used exclusively
for an agricultural operation and only incidentally operated or moved upon the highways.
(32)
(a)
"In-state miles" means the total number of miles operated in this state during the
preceding year by fleet power units.
(b)
If a fleet is composed entirely of trailers or semitrailers, "in-state miles" means the
total number of miles that those vehicles were towed on Utah highways during the
preceding year.
(33)
"Interstate vehicle" means a commercial vehicle operated in more than one state,
province, territory, or possession of the United States or foreign country.
(34)
"Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(35)
"Lienholder" means a person with a security interest in particular property.
(36)
"Manufactured home" means a transportable factory built housing unit constructed on
or after June 15, 1976, according to the Federal Home Construction and Safety
Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling
mode, is eight body feet or more in width or 40 body feet or more in length, or when
erected on site, is 400 or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems.
(37)
"Manufacturer" means a person engaged in the business of constructing,
manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or
outboard motors for the purpose of sale or trade.
(38)
"Military vehicle" means a vehicle of any size or weight that was manufactured for use
by armed forces and that is maintained in a condition that represents the vehicle's
military design and markings regardless of current ownership or use.
(39)
"Mobile home" means a transportable factory built housing unit built prior to June 15,
1976, in accordance with a state mobile home code which existed prior to the Federal
Manufactured Housing and Safety Standards Act (HUD Code).
(40)
"Motor fuel" means the same as that term is defined in Section
59-13-102
.
(41)
(a)
"Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on the highways.
(b)
"Motor vehicle" includes a roadable aircraft and a street-legal all-terrain vehicle.
(c)
"Motor vehicle" does not include:
(i)
an off-highway vehicle; or
(ii)
a motor assisted scooter as defined in Section
41-6a-102
.
(42)
"Motorboat" means the same as that term is defined in Section
73-18c-102
.
(43)
"Motorcycle" means
:
(a)
a motor vehicle having a saddle for the use of the rider and designed to travel on not
more than three wheels in contact with the ground; or
(b)
an autocycle.
the same as that term is defined in Section
41-6a-102
.
(44)
"Natural gas" means a fuel of which the primary constituent is methane.
(45)
(a)
"Nonresident" means a person who is not a resident of this state as defined by
Section
41-1a-202
, and who does not engage in intrastate business within this state
and does not operate in that business any motor vehicle, trailer, or semitrailer within
this state.
(b)
A person who engages in intrastate business within this state and operates in that
business any motor vehicle, trailer, or semitrailer in this state or who, even though
engaging in interstate commerce, maintains a vehicle in this state as the home station
of that vehicle is considered a resident of this state, insofar as that vehicle is
concerned in administering this chapter.
(46)
"Odometer" means a device for measuring and recording the actual distance a vehicle
travels while in operation, but does not include any auxiliary odometer designed to be
periodically reset.
(47)
"Off-highway implement of husbandry" means the same as that term is defined in
Section
41-22-2
.
(48)
"Off-highway vehicle" means the same as that term is defined in Section
41-22-2
.
(49)
(a)
"Operate" means:
(i)
to navigate a vessel; or
(ii)
collectively, the activities performed in order to perform the entire dynamic
driving task for a given motor vehicle by:
(A)
a human driver as defined in Section
41-26-102.1
; or
(B)
an engaged automated driving system.
(b)
"Operate" includes testing of an automated driving system.
(50)
"Original issue license plate" means a license plate that is of a format and type issued
by the state in the same year as the model year of a vehicle that is a model year 1973 or
older.
(51)
"Outboard motor" means a detachable self-contained propulsion unit, excluding fuel
supply, used to propel a vessel.
(52)
(a)
"Owner" means a person, other than a lienholder, holding title to a vehicle,
vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is
subject to a security interest.
(b)
If a vehicle is the subject of an agreement for the conditional sale or installment sale
or mortgage of the vehicle with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of possession vested
in the conditional vendee or mortgagor, or if the vehicle is the subject of a security
agreement, then the conditional vendee, mortgagor, or debtor is considered the owner
for the purposes of this chapter.
(c)
If a vehicle is the subject of an agreement to lease, the lessor is considered the owner
until the lessee exercises the lessee's option to purchase the vehicle.
(53)
"Park model recreational vehicle" means a unit that:
(a)
is designed and marketed as temporary living quarters for recreational, camping,
travel, or seasonal use;
(b)
is not permanently affixed to real property for use as a permanent dwelling;
(c)
requires a special highway movement permit for transit; and
(d)
is built on a single chassis mounted on wheels with a gross trailer area not exceeding
400 square feet in the setup mode.
(54)
"Personal vehicle" means a vehicle that is not a commercial vehicle.
(55)
"Personalized license plate" means a license plate that has displayed on it a
combination of letters, numbers, or both as requested by the owner of the vehicle and
assigned to the vehicle by the division.
(56)
(a)
"Pickup truck" means a two-axle motor vehicle with motive power
manufactured, remanufactured, or materially altered to provide an open cargo area.
(b)
"Pickup truck" includes a motor vehicle with the open cargo area covered with a
camper, camper shell, tarp, removable top, or similar structure.
(57)
"Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that has
the capability to charge the battery or batteries used for vehicle propulsion from an
off-vehicle electric source, such that the off-vehicle source cannot be connected to the
vehicle while the vehicle is in motion.
(58)
"Pneumatic tire" means a tire in which compressed air is designed to support the load.
(59)
"Preceding year" means a period of 12 consecutive months fixed by the division that is
within 16 months immediately preceding the commencement of the registration or
license year in which proportional registration is sought. The division in fixing the
period shall conform it to the terms, conditions, and requirements of any applicable
agreement or arrangement for the proportional registration of vehicles.
(60)
"Public garage" means a building or other place where vehicles or vessels are kept and
stored and where a charge is made for the storage and keeping of vehicles and vessels.
(61)
"Receipt of surrender of ownership documents" means the receipt of surrender of
ownership documents described in Section
41-1a-503
.
(62)
"Reconstructed vehicle" means a vehicle of a type required to be registered in this state
that is materially altered from its original construction by the removal, addition, or
substitution of essential parts, new or used.
(63)
"Recreational vehicle" means the same as that term is defined in Section
13-14-102
.
(64)
"Registration" means a document issued by a jurisdiction that allows operation of a
vehicle or vessel on the highways or waters of this state for the time period for which the
registration is valid and that is evidence of compliance with the registration requirements
of the jurisdiction.
(65)
"Registration decal" means the decal issued by the division that is evidence of
compliance with the division's registration requirements.
(66)
(a)
"Registration year" means a 12 consecutive month period commencing with the
completion of the applicable registration criteria.
(b)
For administration of a multistate agreement for proportional registration the division
may prescribe a different 12-month period.
(67)
"Repair or replacement" means the restoration of vehicles, vessels, or outboard motors
to a sound working condition by substituting any inoperative part of the vehicle, vessel,
or outboard motor, or by correcting the inoperative part.
(68)
"Replica vehicle" means:
(a)
a street rod that meets the requirements under Subsection
41-21-1(3)(a)(i)(B)
; or
(b)
a custom vehicle that meets the requirements under Subsection
41-6a-1507(1)(a)(i)(B)
.
(69)
"Restored-modified vehicle" means a motor vehicle that has been restored and
modified with modern parts and technology, including emission control technology and
an on-board diagnostic system.
(70)
"Road tractor" means a motor vehicle designed and used for drawing other vehicles
and constructed so it does not carry any load either independently or any part of the
weight of a vehicle or load that is drawn.
(71)
"Roadable aircraft" means the same as that term is defined in Section
72-10-102
.
(72)
"Sailboat" means the same as that term is defined in Section
73-18-2
.
(73)
"Security interest" means an interest that is reserved or created by a security agreement
to secure the payment or performance of an obligation and that is valid against third
parties.
(74)
"Semitrailer" means the same as the term "trailer."
(75)
"Special group license plate" means a type of license plate designed for a particular
group of people or a license plate authorized and issued by the division in accordance
with Section
41-1a-418
or Part 16, Sponsored Special Group License Plates.
(76)
(a)
"Special interest vehicle" means a vehicle used for general transportation
purposes and that is:
(i)
20 years or older from the current year; or
(ii)
a make or model of motor vehicle recognized by the division director as having
unique interest or historic value.
(b)
In making a determination under Subsection
(76)(a)
, the division director shall give
special consideration to:
(i)
a make of motor vehicle that is no longer manufactured;
(ii)
a make or model of motor vehicle produced in limited or token quantities;
(iii)
a make or model of motor vehicle produced as an experimental vehicle or one
designed exclusively for educational purposes or museum display; or
(iv)
a motor vehicle of any age or make that has not been substantially altered or
modified from original specifications of the manufacturer and because of its
significance is being collected, preserved, restored, maintained, or operated by a
collector or hobbyist as a leisure pursuit.
(77)
(a)
"Special mobile equipment" means a vehicle:
(i)
not designed or used primarily for the transportation of persons or property;
(ii)
not designed to operate in traffic; and
(iii)
only incidentally operated or moved over the highways.
(b)
"Special mobile equipment" includes:
(i)
farm tractors;
(ii)
off-road motorized construction or maintenance equipment including backhoes,
bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii)
ditch-digging apparatus.
(c)
"Special mobile equipment" does not include a commercial vehicle as defined under
Section
72-9-102
.
(78)
"Specially constructed vehicle" means a vehicle of a type required to be registered in
this state, not originally constructed under a distinctive name, make, model, or type by a
generally recognized manufacturer of vehicles, and not materially altered from its
original construction.
(79)
(a)
"Standard license plate" means a license plate for general issue described in
Subsection
41-1a-402(1)
.
(b)
"Standard license plate" includes a license plate for general issue that the division
issues before January 1, 2024.
(80)
"State impound yard" means a yard for the storage of a vehicle, vessel, or outboard
motor that meets the requirements of rules made by the commission as described in
Subsection
41-1a-1101(7)
.
(81)
"Street-legal all-terrain vehicle" or "street-legal ATV" means the same as that term is
defined in Section
41-6a-102
.
(82)
"Symbol decal" means the decal that is designed to represent a special group and
displayed on a special group license plate.
(83)
"Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(84)
(a)
"Total fleet miles" means the total number of miles operated in all jurisdictions
during the preceding year by power units.
(b)
If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the
number of miles that those vehicles were towed on the highways of all jurisdictions
during the preceding year.
(85)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(86)
"Tow truck operator" means the same as that term is defined in Section
72-9-102
.
(87)
"Trailer" means a vehicle:
(a)
without motive power; and
(b)
designed for:
(i)
carrying persons or property; and
(ii)
being drawn by a motor vehicle.
(88)
"Transferee" means a person to whom the ownership of property is conveyed by sale,
gift, or any other means except by the creation of a security interest.
(89)
"Transferor" means a person who transfers the person's ownership in property by sale,
gift, or any other means except by creation of a security interest.
(90)
"Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle
without motive power, designed as a temporary dwelling for travel, recreational, or
vacation use that does not require a special highway movement permit when drawn by a
self-propelled motor vehicle.
(91)
"Truck tractor" means a motor vehicle designed and used primarily for drawing other
vehicles and not constructed to carry a load other than a part of the weight of the vehicle
and load that is drawn.
(92)
"Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper,
park model recreational vehicle, manufactured home, and mobile home.
(93)
"Vessel" means the same as that term is defined in Section
73-18-2
.
(94)
"Vintage vehicle" means the same as that term is defined in Section
41-21-1
.
(95)
"Waters of this state" means the same as that term is defined in Section
73-18-2
.
(96)
"Weighmaster" means a person, association of persons, or corporation permitted to
weigh vehicles under this chapter.
Section 4. Section
41-6a-102
is amended to read:
41-6a-102
Effective
05/06/26
Partially Repealed
07/01/27
. Definitions.
As used in this chapter:
(1)
"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.
(2)
"All-terrain type I vehicle" means the same as that term is defined in Section
41-22-2
.
(3)
"All-terrain type II vehicle" means the same as that term is defined in Section
41-22-2
.
(4)
"All-terrain type III vehicle" means the same as that term is defined in Section
41-22-2
.
(5)
"Authorized emergency vehicle" includes:
(a)
a fire department vehicle;
(b)
a police vehicle;
(c)
an ambulance; and
(d)
other publicly or privately owned vehicles as designated by the commissioner of the
Department of Public Safety.
(6)
"Autocycle" means the same as that term is defined in Section
53-3-102
.
(7)
(a)
"Bicycle" means a wheeled vehicle:
(i)
propelled by human power by feet or hands acting upon pedals or cranks;
(ii)
with a seat or saddle designed for the use of the operator;
(iii)
designed to be operated on the ground; and
(iv)
whose wheels are not less than 14 inches in diameter.
(b)
"Bicycle" includes an electric assisted bicycle.
(c)
"Bicycle" does not include scooters and similar devices.
(8)
(a)
"Bicycle lane" means a portion of a highway that has been designated by a
highway authority through striping, signage, pavement markings, or barriers for the
preferential or exclusive use of bicycle, electric assisted bicycle, and motor assisted
scooter traffic.
(b)
"Bicycle lane" does not include shared lanes intended for both motor vehicle and
bicycle travel.
(9)
(a)
"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.
(b)
"Bus" does not include a taxicab.
(10)
(a)
"Circular intersection" means an intersection that has an island, generally
circular in design, located in the center of the intersection where traffic passes to the
right of the island.
(b)
"Circular intersection" includes:
(i)
roundabouts;
(ii)
rotaries; and
(iii)
traffic circles.
(11)
"Class 1 electric assisted bicycle" means 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.
(12)
"Class 2 electric assisted bicycle" means 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.
(13)
"Class 3 electric assisted bicycle" means 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.
(14)
"Commissioner" means the commissioner of the Department of Public Safety.
(15)
"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.
(16)
"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.
(17)
"Department" means the Department of Public Safety.
(18)
"Direct supervision" means oversight at a distance within which:
(a)
visual contact is maintained; and
(b)
advice and assistance can be given and received.
(19)
"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.
(20)
"Echelon formation" means the operation of two or more snowplows arranged
side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
clear snow from two or more lanes at once.
(21)
(a)
"Electric assisted bicycle" means a bicycle with an electric motor that:
(i)
has a power output of not more than 750 watts;
(ii)
has fully operable pedals;
(iii)
has permanently affixed cranks that were installed at the time of the original
manufacture;
(iv)
is fully operable as a bicycle without the use of the electric motor; and
(v)
is one of the following:
(A)
a class 1 electric assisted bicycle;
(B)
a class 2 electric assisted bicycle;
(C)
a class 3 electric assisted bicycle; or
(D)
a programmable electric assisted bicycle.
(b)
"Electric assisted bicycle" does not include:
(i)
a moped;
(ii)
a motor assisted scooter;
(iii)
an electric motorcycle;
(iii)
(iv)
a motorcycle;
or
(iv)
a motor-driven cycle; or
(v)
any other vehicle with less than four wheels that is designed, manufactured,
intended, or advertised by the seller to have any of the following capabilities or
features, or that is modifiable or is modified to have any of the following
capabilities or features:
(A)
has the ability to attain the speed of 20 miles per hour or greater on motor
power alone;
(B)
is equipped with a continuous rated motor power of
more than
750 watts
or
greater
;
(C)
is equipped with foot pegs for the operator at the time of manufacture, or
requires installation of a pedal kit to have operable pedals; or
(D)
if equipped with multiple operating modes and a throttle, has one or more
modes that exceed 20 miles per hour on motor power alone.
(22)
(a)
"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 12.5 miles per hour; and
(v)
a deck design for a person to stand while operating the device.
(b)
"Electric personal assistive mobility device" does not include a wheelchair.
(23)
"Electric motorcycle" means a motorcycle:
(a)
powered by an electric motor of more than 750 watts; or
(b)
capable of exceeding a speed of 20 miles per hour using the power of the electric
motor alone.
(23)
(24)
"Electric unicycle" means a self-balancing personal transportation device that:
(a)
has a single wheel;
(b)
is powered by an electric motor that utilizes gyroscopes and accelerometers to
stabilize the rider; and
(c)
is designed for the operator to face in the direction of travel while operating the
device.
(24)
(25)
"Explosives" means a chemical compound or mechanical mixture commonly
used or intended for the purpose of producing an explosion and that contains any
oxidizing and combustive units or other ingredients in proportions, quantities, or
packing so that an ignition by fire, friction, concussion, percussion, or detonator of any
part of the compound or mixture may cause a sudden generation of highly heated gases,
and the resultant gaseous pressures are capable of producing destructive effects on
contiguous objects or of causing death or serious bodily injury.
(25)
(26)
"Farm tractor" means a motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines, and other implements of husbandry.
(26)
(27)
"Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
as determined by a Tagliabue or equivalent closed-cup test device.
(27)
(28)
"Freeway" means a controlled-access highway that is part of the interstate system
as defined in Section
72-1-102
.
(28)
(29)
(a)
"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.
(b)
"Golf cart" does not include:
(i)
a low-speed vehicle or an off-highway vehicle;
(ii)
a motorized wheelchair;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section
41-6a-1120
.
(29)
(30)
"Gore area" means the area delineated by two solid white lines that is between a
continuing lane of a through roadway and a lane used to enter or exit the continuing lane
including similar areas between merging or splitting highways.
(30)
(31)
"Gross weight" means the weight of a vehicle without a load plus the weight of
any load on the vehicle.
(32)
(a)
"High power electric device" means a self-propelled vehicle, other than a motor
vehicle subject to the title and registration requirement described in Chapter 1a,
Motor Vehicle Act, powered by an electric motor that is capable of traveling more
than 20 miles per hour on the power of the electric motor alone.
(b)
"High power electric device" includes:
(i)
an electric assisted bicycle that has modified or tampered equipment beyond the
manufacturer's original settings to change the speed or power output; and
(ii)
an electric assisted bicycle that has been modified to be capable of traveling more
than 20 miles per hour on the power of the electric motor alone.
(31)
(33)
"Hi-rail vehicle" means a roadway maintenance vehicle that is:
(a)
manufactured to meet Federal Motor Vehicle Safety Standards; and
(b)
equipped with retractable flanged wheels that allow the vehicle to travel on a
highway or railroad tracks.
(32)
(34)
"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.
(33)
(35)
"Highway authority" means the same as that term is defined in Section
72-1-102
.
(34)
(36)
"Interdicted person" means the same as that term is defined in Section
32B-1-102
.
(35)
(37)
(a)
"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.
(b)
Where a highway includes two roadways 30 feet or more apart:
(i)
every crossing of each roadway of the divided highway by an intersecting
highway is a separate intersection; and
(ii)
if the intersecting highway also includes two roadways 30 feet or more apart, then
every crossing of two roadways of the highways is a separate intersection.
(c)
"Intersection" does not include the junction of an alley with a street or highway.
(36)
(38)
"Island" means an area between traffic lanes or at an intersection for control of
vehicle movements or for pedestrian refuge designated by:
(a)
pavement markings, which may include an area designated by two solid yellow lines
surrounding the perimeter of the area;
(b)
channelizing devices;
(c)
curbs;
(d)
pavement edges; or
(e)
other devices.
(37)
(39)
(a)
"Lane filtering" means, when operating a motorcycle other than an
autocycle, the act of overtaking and passing another vehicle that is stopped in the
same direction of travel in the same lane.
(b)
"Lane filtering" does not include lane splitting.
(38)
(40)
(a)
"Lane splitting" means, when operating a motorcycle other than an
autocycle, the act of riding a motorcycle between clearly marked lanes for traffic
traveling in the same direction of travel while traffic is in motion.
(b)
"Lane splitting" does not include lane filtering.
(39)
(41)
"Law enforcement agency" means the same as that term is as defined in Section
53-1-102
.
(40)
(42)
"Limited access highway" means a highway:
(a)
that is designated specifically for through traffic; and
(b)
over, from, or to which neither owners nor occupants of abutting lands nor other
persons have any right or easement, or have only a limited right or easement of
access, light, air, or view.
(41)
(43)
"Local highway authority" means the legislative, executive, or governing body of
a county, municipal, or other local board or body having authority to enact laws relating
to traffic under the constitution and laws of the state.
(42)
(44)
(a)
"Low-speed vehicle" means a four wheeled motor vehicle that:
(i)
is designed to be operated at speeds of not more than 25 miles per hour; and
(ii)
has a capacity of not more than six passengers, including a conventional driver or
fallback-ready user if on board the vehicle, as those terms are defined in Section
41-26-102.1
.
(b)
"Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
(43)
(45)
"Metal tire" means a tire, the surface of which in contact with the highway is
wholly or partly of metal or other hard nonresilient material.
(44)
(46)
(a)
"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.
(b)
"Mini-motorcycle" does not include a moped or a motor assisted scooter.
(c)
"Mini-motorcycle" does not include a motorcycle that is:
(i)
designed for off-highway use; and
(ii)
registered as an off-highway vehicle under Section
41-22-3
.
(45)
(47)
"Mobile home" means:
(a)
a trailer or semitrailer that is:
(i)
designed, constructed, and equipped as a dwelling place, living abode, or sleeping
place either permanently or temporarily; and
(ii)
equipped for use as a conveyance on streets and highways; or
(b)
a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
for use as a mobile home, as defined in Subsection
(45)(a)
,
(47)(a)
,
but that is
instead used permanently or temporarily for:
(i)
the advertising, sale, display, or promotion of merchandise or services; or
(ii)
any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(46)
(48)
"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.
(47)
(49)
(a)
"Moped" means a
motor-driven cycle
motorcycle
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.
(b)
If an internal combustion engine is used, the displacement may not exceed 50 cubic
centimeters and the moped shall have a power drive system that functions directly or
automatically without clutching or shifting by the operator after the drive system is
engaged.
(c)
"Moped" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor assisted scooter.
(48)
(50)
(a)
"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.
(b)
"Motor assisted scooter" does not include
:
an electric assisted bicycle.
(i)
an electric assisted bicycle; or
(ii)
a motor-driven cycle.
(49)
(51)
(a)
"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.
(b)
"Motor vehicle" does not include:
(i)
vehicles moved solely by human power;
(ii)
motorized wheelchairs;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section
41-6a-1120
.
(50)
(52)
(a)
"Motorcycle" means:
(a)
(i)
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)
(ii)
an autocycle
.
;
(iii)
a moped; or
(iv)
an electric motorcycle.
(b)
"Motorcycle" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor assisted scooter.
(51)
(a)
"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.
(b)
"Motor-driven cycle" does not include:
(i)
an electric personal assistive mobility device;
(ii)
a motor assisted scooter; or
(iii)
an electric assisted bicycle.
(52)
(53)
"Off-highway implement of husbandry" means the same as that term is defined
under Section
41-22-2
.
(53)
(54)
"Off-highway motorcycle" means the same as that term is defined in Section
41-22-2
.
(54)
(55)
"Off-highway vehicle" means the same as that term is defined under Section
41-22-2
.
(55)
(56)
"Operate" means the same as that term is defined in Section
41-1a-102
.
(56)
(57)
"Operator" means:
(a)
a human driver, as defined in Section
41-26-102.1
, that operates a vehicle; or
(b)
an automated driving system, as defined in Section
41-26-102.1
, that operates a
vehicle.
(57)
(58)
"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.
(58)
(59)
(a)
"Park" or "parking" means the standing of a vehicle, whether the vehicle is
occupied or not.
(b)
"Park" or "parking" does not include:
(i)
the standing of a vehicle temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers; or
(ii)
a motor vehicle with an engaged automated driving system that has achieved a
minimal risk condition, as those terms are defined in Section
41-26-102.1
.
(59)
(60)
"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.
(60)
(61)
"Pedestrian" means a person traveling:
(a)
on foot; or
(b)
in a wheelchair.
(61)
(62)
"Pedestrian traffic-control signal" means a traffic-control signal used to regulate
pedestrians.
(62)
(63)
"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.
(63)
(64)
"Pole trailer" means a vehicle without motive power:
(a)
designed to be drawn by another vehicle and attached to the towing vehicle by means
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle;
and
(b)
that is ordinarily used for transporting long or irregular shaped loads including poles,
pipes, or structural members generally capable of sustaining themselves as beams
between the supporting connections.
(64)
(65)
"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.
(65)
(66)
"Programmable electric assisted bicycle" means an electric assisted bicycle with
capability to switch or be programmed
by a user
to function as a class 1 electric assisted
bicycle, class 2 electric assisted bicycle, or class 3 electric assisted bicycle,
provided
that
if
the electric assisted bicycle fully conforms with the respective requirements of
each class of electric assisted bicycle when operated in that mode.
(66)
(67)
"Railroad" means a carrier of persons or property upon cars operated on
stationary rails.
(67)
(68)
"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.
(68)
(69)
"Railroad train" means a locomotive propelled by any form of energy, coupled
with or operated without cars, and operated upon rails.
(69)
(70)
"Restored-modified vehicle" means the same as the term defined in Section
41-1a-102
.
(70)
(71)
"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.
(71)
(72)
(a)
"Roadway" means that portion of highway improved, designed, or
ordinarily used for vehicular travel.
(b)
"Roadway" does not include the sidewalk, berm, or shoulder, even though any of
them are used by persons riding bicycles or other human-powered vehicles.
(c)
"Roadway" refers to any roadway separately but not to all roadways collectively, if a
highway includes two or more separate roadways.
(72)
(73)
"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.
(73)
(74)
(a)
"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";
"The National School
Transportation Specifications and Procedures";
and
(ii)
is used to transport school children to or from school or school activities.
(b)
"School bus" does not include a vehicle operated by a common carrier in
transportation of school children to or from school or school activities.
(74)
(75)
"Self-balancing electric skateboard" means a device similar to a skateboard that:
(a)
has a single wheel;
(b)
is powered by an electric motor;
(c)
is not capable of exceeding a speed of 20 miles per hour using the power of the
electric motor alone;
and
(c)
(d)
is designed for the operator to face perpendicular to the direction of travel while
operating the device.
(75)
(76)
(a)
"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.
(b)
"Semitrailer" does not include a pole trailer.
(76)
(77)
"Shoulder area" means:
(a)
that area of the hard-surfaced highway separated from the roadway by a pavement
edge line as established in the current approved "Manual on Uniform Traffic Control
Devices"; or
(b)
that portion of the road contiguous to the roadway for accommodation of stopped
vehicles, for emergency use, and for lateral support.
(77)
(78)
"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.
(78)
(79)
(a)
"Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
that is designated for the use of a bicycle.
(b)
"Soft-surface trail" does not mean a trail:
(i)
where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
federal law, regulation, or rule; or
(ii)
located in whole or in part on land granted to the state or a political subdivision
subject to a conservation easement that prohibits the use of a motorized vehicle.
(79)
(80)
"Solid rubber tire" means a tire of rubber or other resilient material that does not
depend on compressed air for the support of the load.
(80)
(81)
"Stand" or "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.
(81)
(82)
"Stop" when required means complete cessation from movement.
(82)
(83)
"Stop" or "stopping" when prohibited means any halting even momentarily of a
vehicle, whether occupied or not, except when:
(a)
necessary to avoid conflict with other traffic; or
(b)
in compliance with the directions of a peace officer or traffic-control device.
(83)
(84)
"Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, or an off-highway
motorcycle, that is modified to meet the requirements of Section
41-6a-1509
to operate
on highways in the state in accordance with Section
41-6a-1509
.
(84)
(85)
"Street-legal novel vehicle" means a vehicle registered as a novel vehicle under
Section
41-27-201
that is modified to meet the requirements of Section
41-6a-1509
to
operate on highways in the state in accordance with Section
41-6a-1509
.
(85)
(86)
"Tow truck operator" means the same as that term is defined in Section
72-9-102
.
(86)
(87)
"Tow truck motor carrier" means the same as that term is defined in Section
72-9-102
.
(87)
(88)
"Traffic" means pedestrians, bicyclists, ridden or herded animals, vehicles, and
other conveyances either singly or together while using any highway for the purpose of
travel.
(88)
(89)
"Traffic signal preemption device" means an instrument or mechanism designed,
intended, or used to interfere with the operation or cycle of a traffic-control signal.
(89)
(90)
"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.
(90)
(91)
"Traffic-control signal" means a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and permitted to
proceed.
(91)
(92)
(a)
"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.
(b)
"Trailer" does not include a pole trailer.
(92)
(93)
"Truck" means a motor vehicle designed, used, or maintained primarily for the
transportation of property.
(93)
(94)
"Truck tractor" means a motor vehicle:
(a)
designed and used primarily for drawing other vehicles; and
(b)
constructed to carry a part of the weight of the vehicle and load drawn by the truck
tractor.
(94)
(95)
"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.
(95)
(96)
"Urban district" means the territory contiguous to and including any street, in
which structures devoted to business, industry, or dwelling houses are situated at
intervals of less than 100 feet, for a distance of a quarter of a mile or more.
(96)
(97)
"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.
(97)
(98)
"Wheelie" means a maneuver performed while operating a motorcycle whereby
the front wheel of the motorcycle is raised off of the ground.
Section 5. Section
41-6a-526
is amended to read:
41-6a-526
Effective
05/06/26
. Drinking alcoholic beverage and open containers
in motor vehicle prohibited -- Definitions -- Exceptions.
(1)
As used in this section:
(a)
"Alcoholic beverage" has the same meaning as defined in Section
32B-1-102
.
(b)
"Chartered bus" has the same meaning as defined in Section
32B-1-102
.
(c)
"Limousine" has the same meaning as defined in Section
32B-1-102
.
(d)
(i)
"Passenger compartment" means the area of the vehicle normally occupied by
the operator and passengers.
(ii)
"Passenger compartment" includes areas accessible to the operator and passengers
while traveling, including a utility or glove compartment.
(iii)
"Passenger compartment" does not include a separate front or rear trunk
compartment or other area of the vehicle not accessible to the operator or
passengers while inside the vehicle.
(e)
"Waters of the state" has the same meaning as defined in Section
73-18-2
.
(2)
A person may not drink an alcoholic beverage while operating a golf cart, a motor
vehicle, a motor assisted scooter, or
a class 2
an
electric assisted bicycle, or while a
passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any
highway or waters of the state.
(3)
A person may not keep, carry, possess, transport, or allow another to keep, carry,
possess, or transport in the passenger compartment of a motor vehicle, on a golf cart, on
a motor assisted scooter, or on
a class 2
an
electric assisted bicycle, when the vehicle is
on any highway or waters of the state, any container that contains an alcoholic beverage
if the container has been opened,
its
the container's
seal broken, or the contents of the
container partially consumed.
(4)
Subsections
(2)
and
(3)
do not apply to a passenger:
(a)
in the living quarters of a motor home or camper;
(b)
who has carried an alcoholic beverage onto a limousine or chartered bus that is in
compliance with Subsections
32B-4-415(4)(b)
and
(c)
; or
(c)
in a motorboat on the waters of the state.
(5)
Subsection
(3)
does not apply to passengers traveling in any licensed taxicab or bus.
(6)
A violation of Subsection
(2)
or
(3)
is a class C misdemeanor.
Section 6. Section
41-6a-706.5
is amended to read:
41-6a-706.5
Effective
05/06/26
. 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:
(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 high power electric device;
(viii)
(ix)
a moped;
(ix)
(x)
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.
Section 7. Section
41-6a-1115
is amended to read:
41-6a-1115
Effective
05/05/27
. Motor assisted scooters -- Conflicting provisions
-- Restrictions -- Penalties.
(1)
(a)
Except as otherwise provided in this section, a motor assisted scooter is subject to
the provisions under this chapter for a bicycle.
(b)
For
a person
an individual
operating a motor assisted scooter, 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
.
(c)
A person
An individual
may operate a motor assisted scooter across a roadway in a
crosswalk, except that the
person
individual
may not operate the motor assisted
scooter in a negligent manner in the crosswalk:
(i)
so as to collide with
a
:
(A)
a
pedestrian; or
(B)
person
an individual
operating a bicycle or vehicle or device propelled by
human power; or
(ii)
at a speed greater than is reasonable and prudent under the existing conditions,
giving regard to the actual and potential hazards then existing.
(2)
An individual eight years old or older and younger than 16 years old may operate a
motor assisted scooter with the motor running on a highway
if the individual:
(a)
is under direct supervision of the individual's parent or another responsible adult; or
(b)
has a personal electric vehicle safety certificate as described in Section
41-6a-1512
.
(3)
An individual 16 years old or older may operate a motor assisted scooter with the motor
running on a highway without supervision.
(2)
(4)
A person
An individual
under eight years
of age
old
may not operate a motor
assisted scooter with the motor running
on any public property, highway, path, or
sidewalk
on a highway
.
(3)
(5)
A person
An individual
may not operate a motor assisted scooter:
(a)
in a public parking structure;
(b)
on a freeway;
(b)
(c)
on public property posted as an area prohibiting bicycles;
(c)
(d)
while carrying more
persons
individuals
at one time than the number for which
it is designed;
(d)
(e)
that has been structurally or mechanically altered from the original
manufacturer's design, except for an alteration by, or done at the request of, a person
who rents the motor assisted scooter to lower the maximum speed for the motor
assisted scooter; or
(e)
(f)
at a speed of greater than 15 miles per hour or in violation of Subsection
41-6a-1115.1(3)
.
(4)
(6)
Except where posted or prohibited by local ordinance, a motor assisted scooter is
considered a nonmotorized vehicle if it is being used with the motor turned off.
(5)
(7)
An owner may not authorize or knowingly permit
a person
an individual
under the
age of
18
16
to operate a motor assisted scooter in violation of this section.
(6)
(8)
A person
An individual
who violates this section is guilty of an infraction.
Section 8. Section
41-6a-1115.5
is amended to read:
41-6a-1115.5
Effective
05/05/27
. Electric assisted bicycles -- Restrictions --
Penalties.
(1)
Except as otherwise provided in this section, an electric assisted bicycle is subject to the
provisions under this chapter for a bicycle.
(2)
An individual may operate an electric assisted bicycle on a path or trail designated for
the use of a bicycle.
(3)
(a)
A local authority or state agency may adopt an ordinance or rule to regulate or
restrict the use of an electric assisted bicycle, or a specific classification of an electric
assisted bicycle, on a sidewalk, path, or trail within the jurisdiction of the local
authority or state agency.
(b)
When enacting ordinances or making rules related to the use of a pathway or
soft-surface trail, and during the planning or construction of a pathway or soft-surface
trail, a local authority or state agency shall consider accommodations and increased
trail access by a person with a mobility disability.
(4)
An individual under 16 years old may not operate a class 3 electric assisted bicycle.
(5)
An individual under 14 years old may not operate an electric assisted bicycle with the
electric motor engaged on any public property, highway, path, or sidewalk unless the
individual is under the direct supervision of the individual's parent or guardian.
(4)
An individual eight years old or older and younger than 16 years old may operate an
electric assisted bicycle with the motor engaged on a highway if the individual:
(a)
is under direct supervision of the individual's parent or another responsible adult; or
(b)
has a personal electric vehicle safety certificate as described in Section
41-6a-1512
.
(5)
An individual 16 years old or older may operate an electric assisted bicycle with the
motor engaged on a highway without supervision.
(6)
An individual under eight years old may not operate an electric assisted bicycle with the
electric motor engaged on
any public property, highway, path, or sidewalk
a highway
.
(7)
The owner of an electric assisted bicycle may not authorize or knowingly permit an
individual to operate an electric assisted bicycle in violation of this section.
(8)
(a)
Beginning January 1, 2017, each
A
Utah-based manufacturer of an electric
assisted bicycle and
each
a
distributor of an electric assisted bicycle in Utah shall
permanently affix a label in a prominent location on the electric assisted bicycle.
(b)
Each manufacturer and each
distributer
distributor
shall ensure that the label is
printed in Arial font, in 9-point type or larger, and includes the:
(i)
appropriate electric assisted bicycle classification number described in Section
41-6a-102
;
(ii)
top assisted speed; and
(iii)
wattage of the motor.
(c)
A Utah-based manufacturer or
commercial
seller shall ensure that a programmable
electric assisted bicycle is equipped with a conspicuous label indicating the class or
classes of electric assisted bicycle of which the programmable electric assisted
bicycle is capable of operating.
(d)
Beginning May 1, 2024, a
A commercial
seller of any new or used vehicle with
less than four wheels that is powered by an electric motor that is not an electric
assisted bicycle shall clearly and conspicuously provide the following disclosure to a
prospective purchaser at the time of sale and in any advertising materials, online
website, or social media post promoting the vehicle: "THIS VEHICLE IS NOT AN
"ELECTRIC ASSISTED BICYCLE" AS DEFINED BY UTAH MOTOR VEHICLE
CODE AND IS INSTEAD A TYPE OF MOTOR VEHICLE AND SUBJECT TO
APPLICABLE MOTOR VEHICLE LAWS IF USED ON PUBLIC ROADS OR
PUBLIC LANDS.
A HELMET MAY BE REQUIRED WHILE OPERATING.
YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR
ACCIDENTS INVOLVING THE USE OF THIS VEHICLE. TO DETERMINE IF
COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE
COMPANY OR AGENT."
(e)
For a disclosure described in Subsection
(8)(d)
, the
commercial
seller shall ensure
that the disclosure appears in bold, capital letters at least the same font size as the
description of the vehicle.
(f)
A person's actions to knowingly advertise, offer for sale, or sell a vehicle that is not
an electric assisted bicycle as an electric bicycle, electric assisted bicycle, electric
bike, or e-bike without making the disclosure described in Subsection
(8)(d)

constitutes prima facie evidence of a deceptive trade practice under Section
13-11a-3
.
(9)
(a)
An individual who violates this section is guilty of an infraction.
(b)
If an individual younger than 18 years old violates a provision of this section, a
peace officer may hold an electric assisted bicycle involved in a violation of this
section or for a moving violation under this chapter and release the electric assisted
bicycle to a parent or guardian of the individual accused of a violation as described in
Section
41-6a-1115.6
.
(10)
A class 2
An
electric assisted bicycle is subject to the restrictions of Section
41-6a-526
.
Section 9. Section
41-6a-1115.6
is enacted to read:
41-6a-1115.6
Effective
05/06/26
. Electric assisted bicycles -- Law enforcement
hold.
(1)
As used in this section:
(a)
"Hold" means an action by a peace officer to take into custody and retain an
individual's personal electric device.
(b)
"Personal electric vehicle" means the same as that term is defined in Section
41-6a-1512
.
(c)
"Release" means an action by a peace officer to transfer custody of an individual's
personal electric device to an individual.
(2)
If a peace officer observes an individual under 18 years old commit a violation of this
chapter and the violation occurred while the individual was operating a personal electric
vehicle, the peace officer may hold the personal electric vehicle.
(3)
If a peace officer holds an individual's personal electric vehicle as described in
Subsection
(2)
, the peace officer may release the personal electric vehicle to only the
individual's parent or guardian.
Section 10. Section
41-6a-1116
is amended to read:
41-6a-1116
Effective
05/06/26
. Electric personal assistive mobility devices --
Conflicting provisions -- Restrictions -- Penalties.
(1)
(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
an individual
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
An individual
under
15
16
years old may not operate an electric personal
assistive mobility device using the motor unless the
person
individual
is under the
direct supervision of the
person's
individual's
parent or
guardian
a responsible adult
.
(3)
A person
An individual
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, except when operating in a lane designated for bicycle traffic;
(b)
on a highway with a posted speed limit greater than 35 miles per hour, except when
operating in a lane designated for bicycle traffic; 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
an individual
to operate an
electric personal assistive mobility device in violation of this section.
(5)
A person
An individual
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
An individual
operating an electric personal assistive mobility device shall
yield to a pedestrian or other
person
individual
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, including any lane designated for
bicycle traffic regardless of the posted speed limit or number of general purpose
lanes.
(b)
A person
An individual
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
An individual
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
An individual
may not operate an electric personal assistive mobility device
while carrying an article that prevents the
person
individual
from keeping both hands
on the handlebars or interferes with the
person's
individual's
ability to safely operate the
electric personal assistive mobility device.
(10)
Only one
person
individual
may operate an electric personal assistive mobility device
at a time.
(11)
A person
An individual
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
An individual
who violates this section is guilty of an infraction.
Section 11. Section
41-6a-1501
is amended to read:
41-6a-1501
Effective
05/06/26
. Motorcycle-- Place for operator to ride --
Passengers.
(1)
A person
An individual
operating a motorcycle
or motor-driven cycle
shall ride only
on the permanent and regular seat attached to the motorcycle
or motor-driven cycle
.
(2)
(a)
Except as provided in Subsection
(2)(b)
:
(i)
a person
an individual
operating a motorcycle
or motor-driven cycle
may not
carry any other
person
individual
on the motorcycle
or motor-driven cycle
; and
(ii)
a passenger may not ride on a motorcycle
or a motor-driven cycle
.
(b)
If a motorcycle
or motor-driven cycle
is designed to carry more than one
person
individual
, a passenger may ride on:
(i)
the permanent and regular seat, if designed for two
persons
individuals
; or
(ii)
another seat firmly attached to the motorcycle
or motor-driven cycle
at the rear
or side of the operator.
(3)
A person
An individual
shall ride on a motorcycle
or motor-driven cycle
only while
sitting astride the seat, facing forward, with one leg on either side of the motorcycle
or
motor-driven cycle
.
(4)
A person
An individual
may not operate a motorcycle
or motor-driven cycle
while
carrying a package, bundle, or other article
which
that
prevents the
person
operator
from keeping both hands on the handlebars.
(5)
An operator of a motorcycle
or motor-driven cycle
may not carry
a person
an
individual
and
a person
an individual
may not ride in a position that interferes with:
(a)
the operation or control of the motorcycle
or motor-driven cycle
; or
(b)
the view of the operator.
(6)
A violation of this section is an infraction.
Section 12. Section
41-6a-1502
is amended to read:
41-6a-1502
Effective
05/06/26
. Motorcycles and all-terrain type I vehicles --
Operation on public highways.
(1)
(a)
A motorcycle
or a motor-driven cycle
is entitled to full use of a lane.
(b)
An individual may not operate a motor vehicle in a manner that deprives a
motorcycle
or motor-driven cycle
of the full use of a lane.
(c)
This Subsection
(1)
does not apply to motorcycles
or motor-driven cycles
operated
two abreast in a single lane.
(2)
The operator of a motorcycle
or motor-driven cycle
may not overtake and pass in the
same lane occupied by the vehicle being overtaken.
(3)
(a)
Except as described in Subsection
(3)(b)
, an individual may not operate a
motorcycle
or motor-driven cycle
between:
(i)
lanes of traffic; or
(ii)
adjacent lines or rows of vehicles.
(b)
Subsection
(3)(a)
does not apply to an individual operating a motorcycle engaging in
lane filtering as described in Section
41-6a-704
.
(4)
Motorcycles
or motor-driven cycles
may not be operated more than two abreast in a
single lane.
(5)
Subsections
(2)
and
(3)(a)
do not apply to peace officers acting in the peace officers'
official capacities.
(6)
The provisions of this section also apply to all-terrain type I vehicles.
(7)
A violation of this section is an infraction.
Section 13. Section
41-6a-1503
is amended to read:
41-6a-1503
Effective
05/06/26
. Motorcycle-- Attaching to another vehicle
prohibited.
(1)
A person
An individual
riding on a motorcycle
or motor-driven cycle
may not attach
himself
themselves
to any other vehicle on a roadway.
(2)
A violation of this section is an infraction.
Section 14. Section
41-6a-1504
is amended to read:
41-6a-1504
Effective
05/06/26
. Motorcycle-- Footrests for passenger -- Height
of handlebars limited.
(1)
A motorcycle
or motor-driven vehicle
carrying a passenger on a public highway, other
than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger.
(2)
A person
An individual
may not operate a motorcycle
or motor-driven cycle
with
handlebars above shoulder height.
(3)
A violation of this section is an infraction.
Section 15. Section
41-6a-1505
is amended to read:
41-6a-1505
Effective
05/06/26
. Motorcycle-- Protective headgear -- Closed cab
excepted -- Electric assisted bicycles, motor assisted scooters, electric personal assistive
mobility devices.
(1)
A person
An individual
under
the age of 21
21 years old
may not operate or ride
any
of
the following on a highway unless the
person
individual
is wearing protective
headgear that complies with specifications adopted under
Subsection
(3)
Subsection
(4)
:
(a)
a motorcycle;
(b)
a motor-driven cycle;
(c)
a class 3 electric assisted bicycle; or
(b)
an electric assisted bicycle;
(c)
a motor assisted scooter;
(d)
a high power electric device; or
(d)
(e)
an autocycle that is not fully enclosed.
(2)
This section does not apply to
persons
an individual
riding within an enclosed cab.
(3)
This section does not apply to an individual operating a class 1 electric assisted bicycle
or a motor assisted scooter rented from a business or corporate entity.
(3)
(4)
The following standards and specifications for protective headgear are adopted:
(a)
49 C.F.R.
Sec.
571.218 related to protective headgear for motorcycles; and
(b)
16 C.F.R. Part 1203 related to protective headgear for bicycles, motor assisted
scooters, and electric personal assistive mobility devices.
(4)
(5)
A court shall waive $8 of a fine charged to
a person
an individual
operating a
vehicle described in Subsection
(1)
for a moving traffic violation if the
person
individual
was:
(a)
21 years
of age or older
old or older
at the time of operation; and
(b)
wearing protective headgear that complies with the specifications adopted under
Subsection
(3)

Subsection
(4)

at the time of operation.
(5)
(6)
The failure to wear protective headgear:
(a)
does not constitute contributory or comparative negligence on the part of
a person
an individual
seeking recovery for injuries; and
(b)
may not be introduced as evidence in any civil litigation on the issue of negligence,
injuries, or the mitigation of damages.
(6)
(7)
Notwithstanding
Subsection
(4)
Subsection
(5)
, a court may not waive $8 of a fine
charged to
a person
an individual
operating a motorcycle
or motor-driven cycle
for a
driving under the influence violation of Section
41-6a-502
.
(7)
(8)
(a)
A violation of this section is an infraction.
(b)
Upon conviction of a violation of this section, a court may not impose a fine
exceeding:
(i)
$25 for an individual who violates this section while operating an electric assisted
bicycle or a motor assisted scooter; and
(ii)
$110 for an individual who violates this section while operating a motorcycle or a
high power electric device.
Section 16. Section
41-6a-1506
is amended to read:
41-6a-1506
Effective
05/06/26
. Motorcycles -- Required equipment -- Brakes.
(1)
A motorcycle
and a motor-driven cycle
shall be equipped with the following items:
(a)
one head lamp that, when factory equipped with an automatic lighting ignition
system, may not be disconnected;
(b)
one tail lamp;
(c)
either a tail lamp or a separate lamp which illuminates the rear license plate with a
white light;
(d)
one red reflector on the rear, either separate or as part of the tail lamp;
(e)
one stop lamp;
(f)
a braking system, other than parking brake, in accordance with Section
41-6a-1623
;
(g)
a horn or warning device in accordance with Section
41-6a-1625
;
(h)
a muffler and emission control system in accordance with Section
41-6a-1626
;
(i)
a mirror in accordance with Section
41-6a-1627
; and
(j)
tires in accordance with Section
41-6a-1636
.
(2)
An autocycle shall be equipped with the following items:
(a)
a seatbelt for each seat installed in the autocycle in accordance with Section
41-6a-1628
;
(b)
at least one head lamp that, when factory equipped with an automatic lighting
ignition system, may not be disconnected;
(c)
at least one tail lamp;
(d)
either a tail lamp or a separate lamp that illuminates the rear license plate with a
white light;
(e)
at least one red reflector, either separate or as part of the tail lamp or tail lamps;
(f)
at least one stop lamp;
(g)
a braking system, other than a parking brake, in accordance with Section
41-6a-1623
;
(h)
a horn or warning device in accordance with Section
41-6a-1625
;
(i)
a muffler and emission control system in accordance with Section
41-6a-1626
that,
when factory equipped, may not be removed;
(j)
a mirror in accordance with Section
41-6a-1627
; and
(k)
tires in accordance with Section
41-6a-1636
.
(3)
The department may require an inspection of the braking system on a motor-driven
cycle and disapprove a braking system that is not designed or constructed as to insure
reasonable and reliable performance in actual use in accordance with Section
41-6a-1623
.
(4)
A person may not operate a motor-driven cycle on a highway if the department has
disapproved the braking system on the motor-driven cycle.
(5)
(a)
Upon notice to the party to whom the motor-driven cycle is registered, the
department may suspend the registration of a motor-driven cycle if the department
has disapproved the braking system under this section.
(b)
The Motor Vehicle Division shall, under Subsection
41-1a-109(1)(e)
or
(2)
, refuse
to register a motor-driven cycle if it has reason to believe the motor-driven cycle has
a braking system disapproved under this section.
(6)
(3)
A violation of this section is an infraction.
Section 17. Section
41-6a-1511
is enacted to read:
41-6a-1511
Effective
05/06/26
. Electric motorcycles and high power electric
devices.
(1)
(a)
An individual operating a high power electric device, including an electric
motorcycle, has all rights and is subject to all provisions of this chapter applicable to
an operator of a motorcycle.
(b)
Notwithstanding Subsection
(1)(a)
, a high power electric device without a vehicle
identification number that is not a motorcycle is not subject to the requirement to
maintain liability insurance as described in Section
41-12a-301
.
(2)
(a)
A local authority may adopt an ordinance or a state agency may adopt a rule to
regulate or restrict the use of a high power electric device on a sidewalk, path, or trail
within the jurisdiction of the local authority or state agency.
(b)
When enacting ordinances or making rules related to the use of a pathway or
soft-surface trail, and during the planning or construction of a pathway or soft-surface
trail, a local authority or state agency shall consider accommodations and increased
trail access by a person with a mobility disability.
(3)
An individual younger than 16 years old may not operate a high power electric device
on a highway.
(4)
The owner of a high power electric device may not authorize or knowingly permit an
individual to operate a high power electric device in violation of this section.
(5)
An individual may not operate a high power electric device on a freeway.
(6)
(a)
Beginning January 1, 2027, a commercial seller of any new or used vehicle shall
clearly and conspicuously provide the disclosure described in Subsection
(6)(b)
to a
prospective purchaser at the time of sale and in any advertising materials, online
website, or social media post promoting the vehicle if the vehicle:
(i)
has fewer than four wheels;
(ii)
is powered by an electric motor; and
(iii)
is not an electric assisted bicycle.
(b)
The disclosure required under Subsection
(6)(a)
shall state: "THIS VEHICLE IS
NOT AN "ELECTRIC ASSISTED BICYCLE" AS DEFINED BY UTAH MOTOR
VEHICLE CODE AND IS INSTEAD A TYPE OF MOTOR VEHICLE AND
SUBJECT TO APPLICABLE MOTOR VEHICLE LAWS IF USED ON PUBLIC
ROADS OR PUBLIC LANDS. A HELMET MAY BE REQUIRED WHILE
OPERATING. YOUR INSURANCE POLICIES MAY NOT PROVIDE
COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS VEHICLE. TO
DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR
INSURANCE COMPANY OR AGENT."
(c)
A commercial seller of a new or used high power electric device shall inform
prospective purchasers of state law requirements for insurance and registration
applying to operators of high power electric devices.
(7)
Except for offenses otherwise provided under this chapter, an individual who violates
this section is guilty of an infraction.
Section 18. Section
41-6a-1512
is enacted to read:
41-6a-1512
Effective
05/05/27
. Safety program -- Personal electric vehicles.
(1)
As used in this section:
(a)
"Personal electric vehicle" means an electric assisted bicycle, high power electric
device, or motor assisted scooter.
(b)
"Personal electric vehicle safety certificate" means the personal electric vehicle
safety certificate issued under Subsection
(2)(c)
.
(c)
"Program" means the personal electric vehicle safety education and training program
described in Subsection
(2)(a)
.
(2)
The department shall:
(a)
design and administer a personal electric vehicle safety education and training
program to develop and instill the knowledge, attitudes, habits, and skills necessary
for the safe and ethical operation of a personal electric vehicle on a highway;
(b)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules that establish curriculum standards for the program;
(c)
issue a personal electric vehicle safety certificate to an individual who successfully
completes the program; and
(d)
ensure that an individual may complete the program online.
(3)
The department may:
(a)
contract with another person to implement the program; and
(b)
collect a fee of $10 or less from each applicant for administration of the program.
(4)
(a)
An individual eight years old or older and younger than 16 years old may not
operate a personal electric vehicle on a highway in this state unless:
(i)
the individual obtains a personal electric vehicle safety certificate; or
(ii)
the individual is under direct supervision of a parent or responsible adult while
operating a personal electric device on a highway.
(b)
Notwithstanding Subsection
(4)(a)
, an individual who is younger than 16 years old
may not operate a high power electric device on a highway.
(c)
An individual who is younger than eight years old may not operate a personal
electric vehicle on a highway.
(5)
An individual younger than 16 years old may not operate a personal electric vehicle on
a freeway.
(6)
A person may not rent a personal electric vehicle to an individual under 16 years old
unless the individual who will operate the personal electric vehicle:
(a)
presents the certificate described in Subsection
(2)(c)
; or
(b)
is under direct supervision of the individual's parent or a responsible adult.
(7)
(a)
In addition to the governmental immunity granted in Title 63G, Chapter 7,
Governmental Immunity Act of Utah, the state is immune from suit for any act, or
failure to act, in any capacity relating to the personal electric vehicle safety education
and training program.
(b)
The state is not responsible for any insufficiency or inadequacy in the quality of
training provided by this program.
(8)
A violation of this section by an operator of a personal electric vehicle:
(a)
does not constitute contributory or comparative negligence on the part of a party in
an action for recovery of damages; and
(b)
may not be introduced as evidence in any civil litigation on the issue of negligence,
injuries, or the mitigation of damages.
(9)
A violation of this section is an infraction and a fine associated with a conviction under
this section may not exceed $150 per offense.
Section 19. Section
41-6a-1513
is enacted to read:
41-6a-1513
Effective
05/06/26
. Electric mobility devices -- Law enforcement
hold.
(1)
As used in this section:
(a)
"Hold" means an action by a peace officer to take into custody and retain an
individual's personal electric device.
(b)
"Personal electric vehicle" means the same as that term is defined in Section
41-6a-1512
.
(c)
"Release" means an action by a peace officer to transfer custody of an individual's
personal electric device to an individual.
(2)
If a peace officer observes an individual under 18 years old commit a violation of this
chapter and the violation occurred while the individual was operating a personal electric
vehicle, the peace officer may hold the personal electric vehicle.
(3)
If a peace officer holds an individual's personal electric vehicle as described in
Subsection
(2)
, the peace officer may release the personal electric vehicle to only the
individual's parent or guardian.
Section 20. Section
41-22-2
is amended to read:
41-22-2
Effective
05/06/26
Partially Repealed
07/01/27
. Definitions.
As used in this chapter:
(1)
"Advisory council" means an advisory council appointed by the Division of Outdoor
Recreation that has within the advisory council's duties advising on policies related to
the use of off-highway vehicles.
(2)
"All-terrain type I vehicle" means any motor vehicle 52 inches or less in width, having
an unladen dry weight of 1,500 pounds or less, traveling on three or more low pressure
tires, having a seat designed to be straddled by the operator, and designed for or capable
of travel over unimproved terrain.
(3)
(a)
"All-terrain type II vehicle" means any motor vehicle 80 inches or less in width,
traveling on four or more low pressure tires, having a steering wheel, non-straddle
seating, a rollover protection system, and designed for or capable of travel over
unimproved terrain, and is:
(i)
an electric-powered vehicle; or
(ii)
a vehicle powered by an internal combustion engine and has an unladen dry
weight of 3,500 pounds or less.
(b)
"All-terrain type II vehicle" does not include golf carts, any vehicle designed to carry
a person with a disability, any vehicle not specifically designed or modified primarily
for recreational use on unimproved terrain, or farm tractors as defined under Section
41-1a-102
.
(4)
(a)
"All-terrain type III vehicle" means any other motor vehicle, not defined in
Subsection
(2)
,
(3)
,
(13)
, or
(24)
, designed for or capable of travel over unimproved
terrain.
(b)
"All-terrain type III vehicle" does not include golf carts, any vehicle designed to
carry a person with a disability, any vehicle not specifically designed or modified
primarily for recreational use on unimproved terrain, or farm tractors as defined
under Section
41-1a-102
.
(5)
"Commission" means the Outdoor Adventure Commission.
(6)
"Cross-country" means across natural terrain and off an existing highway, road, route,
or trail.
(7)
"Dealer" means a person engaged in the business of selling off-highway vehicles at
wholesale or retail.
(8)
"Division" means the Division of Outdoor Recreation.
(9)
"Low pressure tire" means any pneumatic tire six inches or more in width designed for
use on wheels with rim diameter of 14 inches or less and utilizing an operating pressure
of 10 pounds per square inch or less as recommended by the vehicle manufacturer.
(10)
"Manufacturer" means a person engaged in the business of manufacturing off-highway
vehicles.
(11)
(a)
"Motor vehicle" means every vehicle which is self-propelled.
(b)
"Motor vehicle" includes an off-highway vehicle.
(12)
"Motorcycle" means
every motor vehicle having a saddle for the use of the operator
and designed to travel on not more than two tires.
the same as that term is defined in
Section
41-6a-102
.
(13)
"Off-highway implement of husbandry" means every all-terrain type I vehicle,
all-terrain type II vehicle, all-terrain type III vehicle, off-highway motorcycle, or
snowmobile that is used by the owner or the owner's agent for agricultural operations.
(14)
"Off-highway motorcycle" means an off-highway vehicle that is a motorcycle and is
designed for use primarily off-highway.
(15)
"Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain
type II vehicle, all-terrain type III vehicle, or off-highway motorcycle.
(16)
(a)
"Off-highway vehicle facility" means a facility or area designated for use by an
off-highway vehicle.
(b)
"Off-highway vehicle facility" includes a trail, trailhead, storage shed, water and
electric infrastructure, or other infrastructure that provides or increases access to an
area designated for use by an off-highway vehicle.
(17)
"Operate" means to control the movement of or otherwise use an off-highway vehicle.
(18)
"Operator" means the person who is in actual physical control of an off-highway
vehicle.
(19)
"Organized user group" means an off-highway vehicle organization incorporated as a
nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
Corporation Act, for the purpose of promoting the interests of off-highway vehicle
recreation.
(20)
"Owner" means a person, other than a person with a security interest, having a
property interest or title to an off-highway vehicle and entitled to the use and possession
of that vehicle.
(21)
"Public land" means land owned or administered by any federal or state agency or any
political subdivision of the state.
(22)
"Register" means the act of assigning a registration number to an off-highway vehicle.
(23)
"Roadway" is used as defined in Section
41-6a-102
.
(24)
"Snowmobile" means any motor vehicle designed for travel on snow or ice and steered
and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires, and
equipped with a saddle or seat for the use of the rider.
(25)
"Street or highway" means the entire width between boundary lines of every way or
place of whatever nature, when any part of it is open to the use of the public for
vehicular travel.
(26)
"Street-legal all-terrain vehicle" or "street-legal ATV" has the same meaning as
defined in Section
41-6a-102
.
Section 21. Section
41-22-3.5
is amended to read:
41-22-3.5
Effective
05/06/26
. Staggered registration dates -- Registration
renewal.
(1)
Unless exempted under Section
41-22-9
, or unless the off-highway vehicle or
street-legal all-terrain vehicle is registered for a 24-month period as provided in Section
41-1a-215.5
,
every
an
off-highway vehicle registration,
every
a
registration card, and
every
a
registration sticker issued under this chapter for the first registration of the
off-highway vehicle in this state, continues in effect for a period of 12 months beginning
with the first day of the calendar month of registration and does not expire until the last
day of the same month in the following year.
(2)
If the last day of the registration period falls on a day in which the appropriate state or
county offices are not open for business, the registration of the off-highway vehicle is
extended to
12
midnight of the next business day.
(3)
(a)
The
division
Motor Vehicle Division
may receive applications for registration
renewal and issue new registration cards at any time
prior to
before
the expiration of
the registration, subject to the availability of renewal materials.
(b)
Applications
An application
for registration renewal shall be made in accordance
with Section
41-22-3
.
(4)
(a)
The new registration shall retain the same expiration month as recorded on the
original registration even if the registration has expired.
(b)
The year of registration expiration shall be changed to reflect the renewed
registration period.
(5)
If the registration renewal application is an application generated by the
division
Motor
Vehicle Division
through its automated system, the owner need not surrender the last
registration card or duplicate.
Section 22. Section
53-3-202
is amended to read:
53-3-202
Effective
05/05/27
. Drivers shall be licensed -- Violation.
(1)
A human driver may not drive a motor vehicle or an autocycle on a highway in this state
unless the human driver is:
(a)
granted the privilege to operate a motor vehicle by being licensed as a driver by the
division under this chapter;
(b)
driving an official United States Government class D motor vehicle with a valid
United States Government driver permit or license for that type of vehicle;
(c)
(i)
driving a road roller, road machinery, or any farm tractor or implement of
husbandry temporarily drawn, moved, or propelled on the highways; and
(ii)
driving the vehicle described in Subsection
(1)(c)(i)
in conjunction with a
construction or agricultural activity;
(d)
a nonresident who is at least 16 years old and younger than 18 years old who has in
the nonresident's immediate possession a valid license certificate issued to the
nonresident in the nonresident's home state or country and is driving in the class or
classes identified on the home state license certificate, except those persons referred
to in
Part 6, Drivers' License Compact
, of this chapter;
(e)
a nonresident who is at least 18 years old and who has in the nonresident's immediate
possession a valid license certificate issued to the nonresident in the nonresident's
home state or country if driving in the class or classes identified on the home state
license certificate, except those persons referred to in
Part 6, Drivers' License
Compact
, of this chapter;
(f)
driving under a learner permit in accordance with Section
53-3-210.5
;
(g)
driving with a temporary license certificate issued in accordance with Section
53-3-207
; or
(h)
exempt under
Title 41, Chapter 22, Off-highway Vehicles
.
(2)
A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle
motion control for a vehicle being towed by another motor vehicle upon a highway
unless the human driver:
(a)
is licensed under this chapter to drive a motor vehicle of the type or class of motor
vehicle being towed; or
(b)
is exempted under either Subsection
(1)(b)
or
(1)(c)
.
(3)
(a)
A human driver may not drive a motor vehicle as a taxicab on a highway of this
state unless the
person
individual
has a valid class D driver license issued by the
division.
(b)
A human driver may not drive a motor vehicle as a private passenger carrier on a
highway of this state unless the human driver has:
(i)
a taxicab endorsement issued by the division on the human driver's license
certificate; or
(ii)
a commercial driver license with:
(A)
a taxicab endorsement;
(B)
a passenger endorsement; or
(C)
a school bus endorsement.
(c)
Nothing in Subsection
(3)(b)
is intended to exempt a human driver driving a motor
vehicle as a private passenger carrier from regulation under other statutory and
regulatory schemes, including:
(i)
49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;
(ii)
Title 34, Chapter 36, Transportation of Workers
, and rules adopted by the Labor
Commission in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
(iii)
Title 72, Chapter 9, Motor Carrier Safety Act
, and rules adopted by the Motor
Carrier Division in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
(4)
(a)
Except as provided in Subsections
(4)(b)
,
(c)
,
(d)
, and
(e)
, a
A
human driver may
not operate:
(i)
a motorcycle
, including an electric motorcycle,
unless the human driver has a
valid class D driver license and a motorcycle endorsement issued under this
chapter;
or
(ii)
a street legal all-terrain vehicle unless the human driver has a valid class D driver
license
; or
.
(iii)
a motor-driven cycle unless the human driver has a valid class D driver license
and a motorcycle endorsement issued under this chapter.
(b)
A
Notwithstanding Subsection
(4)(a)
, a
human driver operating a moped, as
defined in Section
41-6a-102
, is not required to have a motorcycle endorsement
issued under this chapter.
(c)
An individual operating an electric assisted bicycle, as defined in Section
41-6a-102
,
is not required to have a valid class D driver license or a motorcycle endorsement
issued under this chapter.
(d)
(c)
An individual is not required to have a valid class D driver license if the person
is:
(i)
operating a motor assisted scooter, as defined in Section
41-6a-102
, in accordance
with Section
41-6a-1115
; or
(ii)
operating an electric personal assistive mobility device, as defined in Section
41-6a-102
, in accordance with Section
41-6a-1116
.
(e)
(d)
A human driver operating an autocycle is not required to have a motorcycle
endorsement issued under this chapter.
(5)
(a)
As used in this Subsection
(5)
, "personal electric vehicle safety certificate" means
the same as that term is defined in Section
41-6a-1512
.
(b)
An individual under 16 years old:
(i)
is not required to hold a class D driver license or a motorcycle endorsement to
operate an electric assisted bicycle on a highway; and
(ii)
may not operate an electric assisted bicycle on a highway unless:
(A)
the individual obtains a personal electric vehicle safety certificate; or
(B)
the individual is under direct supervision of the individual's parent or another
responsible adult.
(c)
An individual who is 16 years old or older may operate an electric assisted bicycle or
a motor assisted scooter on a highway without:
(i)
a class D driver license;
(ii)
a motorcycle endorsement; or
(iii)
a personal electric vehicle safety certificate.
(d)
Notwithstanding the requirement described in Subsection
(4)(a)(i)
, an individual who
is 16 years old or older may operate a high power electric device on a highway if the
individual has a class D driver license.
(6)
A peace officer may not stop an individual under suspicion of that individual violating
Subsection
(5)
unless the peace officer observes the individual violate another provision
of law.
(5)
(7)
An automated driving system as defined in Section
41-26-102.1
is not required to
have a driver license.
(6)
(8)
(a)
A person who violates this section is guilty of an infraction.
(b)
Except as provided in Subsection
(6)(d)
(8)(d)
,
a person
an individual
who violates
Subsection
(4)(a)(i)

or (4)(a)(iii)
is subject to a minimum fine of $350.
(c)
The fine described in Subsection
(6)(b)
(8)(b)
is in addition to any other fine for a
violation of Title 41, Chapter 6a, Traffic Code, or a local ordinance related to the
operation of the motorcycle.
(d)
(i)
A court shall waive the fine imposed under Subsection
(6)(b)
(8)(b)
if the
person
individual
provides to the court within 30 days of the date of the entry of a
plea or sentencing, whichever is later, proof that the
person
individual
has been
issued a motorcycle endorsement as provided in this chapter.
(ii)
A court may extend the 30-day time period described in Subsection
(6)(d)(i)
(8)(d)(i)
for a reasonable time period for the person to obtain a motorcycle
endorsement for good cause shown.
Section 23. Section
63I-1-241
is amended to read:
63I-1-241
Effective
05/06/26
. Repeal dates: Title 41.
(1)
Subsection
41-1a-1201(8)
, regarding the Brain and Spinal Cord Injury Fund, is repealed
July 1, 2029.
(2)
Subsection
41-6a-102(34)
41-6a-102(39)
, regarding lane filtering, is repealed July 1,
2027.
(3)
Subsection
41-6a-704(6)
, regarding lane filtering, is repealed July 1, 2027.
(4)
Subsection
41-6a-710(1)(c)
, regarding lane filtering, is repealed July 1, 2027.
(5)
Subsection
41-6a-1406(7)(b)(iii)
, regarding the Brain and Spinal Cord Injury Fund, is
repealed July 1, 2029.
(6)
Subsection
41-22-2(1)
, regarding an advisory council addressing off-highway vehicle
issues, is repealed July 1, 2027.
(7)
Subsection
41-22-10(1)
, regarding an advisory council addressing off-highway vehicle
issues, is repealed July 1, 2027.
(8)
Subsection
41-22-8(3)(b)
, regarding the Brain and Spinal Cord Injury Fund, is repealed
July 1, 2029.
Section 24. Section
79-7-301
is amended to read:
79-7-301
Effective
05/06/26
. Money to be appropriated -- Boating account
expenses.
(1)
The Legislature shall appropriate the money from time to time necessary to carry out
the purposes of this chapter to the division to be used by the division in the
administration of the powers and duties and in carrying out the objective and purposes
prescribed by
described in
this chapter.
(2)
Departmental operating and administrative expenses for the administration of the
boating account of the division shall be charged against that account.
Section 25.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting the following sections take effect on
May 5, 2027
:
(a)
Section 41-6a-1115
Effective
05/05/27
;
(b)
Section 41-6a-1115.5
Effective
05/05/27
;
(c)
Section 41-6a-1512
Effective
05/05/27
; and
(d)
Section 53-3-202
Effective
05/05/27
.
3-11-26 10:59 AM