HB 561 — Use of Motorized Vehicles by Minors Amendments

[and] (d) the fee described in Subsection 41-6a-1511(6);

and [(d)] (e) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8) and 41-22-8(3).

(4) The fund shall be administered by the executive director, in consultation with the advisory committee.

(5) Fund money may be used to:

(a) educate the general public and professionals regarding understanding, treatment, and prevention of brain injury;

(b) provide access to evaluations and coordinate short-term care to assist an individual in identifying services or support needs, resources, and benefits for which the individual may be eligible;

- 3 - HB0561 compared with HB0561S02 (c) develop and support an information and referral system for persons with a brain injury and their families;

(d) provide grants to persons or organizations to provide the services described in Subsections (5)(a), (b), and (c);

(e) assist one or more qualified charitable clinics to provide therapeutic services;

(f) purchase equipment for use in the qualified charitable clinic;

and (g) provide research grants to qualified charitable clinics in accordance with Subsection (7).

(6) Each year, approximately no less than:

(a) 40% of the fund shall be used for programs and services described in Subsections (5)(a) through (d);

(b) 25% of the fund shall be used to assist adults with brain or spinal cord injuries under Subsections (5) (e) and (f);

and (c) 10 % of the fund shall be used to assist children with neurological conditions under Subsections (5) (e) and (f).

(7) (a) Each year, if money remains in the fund after the money has been allocated in accordance with Subsection (6), the advisory committee may award up to $100,000 in research grants divided among one or more qualified charitable clinics.

(b) A qualified charitable clinic that accepts a research grant shall agree to the requirements in Subsection (7)(c) before receiving the grant.

(c) A qualified charitable clinic that accepts a research grant:

(i) shall report the results of the nervous system research to the advisory committee;

(ii) shall provide the committee an itemized list of expenditures for research grant money;

(iii) shall return any unspent research grant money to the fund;

(iv) subject to Subsection (7)(c)(v), may collaborate with another entity for performing the nervous system research;

(v) may not use research grant money to pay another entity to conduct the project;

and (vi) may not use research grant money to pay for administrative costs not directly associated with the research project.

(8) An individual who receives services either paid for from the fund, or through an organization under contract with the fund, shall:

(a) be a resident of Utah;

- 4 - HB0561 compared with HB0561S02 (b) have been diagnosed by a qualified professional as having a brain injury, spinal cord injury, or other neurological condition which results in impairment of cognitive or physical function;

and (c) have a need that can be met within the requirements of this section.

(9) The fund may not duplicate any services or support mechanisms being provided to an individual by any other government or private agency.

(10) All actual and necessary operating expenses for the Brain and Spinal Cord Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.

- 2 - HB0561S01 compared with HB0561S02 (c) a plug-in hybrid electric motor vehicle;

- 5 - HB0561 compared with HB0561S02 (b) flooded and restored to operation;

- 3 - HB0561S01 compared with HB0561S02 (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.

(24) - 6 - HB0561 compared with HB0561S02 (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:

- 4 - HB0561S01 compared with HB0561S02 (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.

- 7 - HB0561 compared with HB0561S02 (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.

(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 - 5 - HB0561S01 compared with HB0561S02 permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

(41) - 8 - HB0561 compared with HB0561S02 (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the highways.

- 6 - HB0561S01 compared with HB0561S02 (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.

or - 9 - HB0561 compared with HB0561S02 (B) an engaged automated driving system.

- 7 - HB0561S01 compared with HB0561S02 (a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;

- 10 - HB0561 compared with HB0561S02 (b) "Pickup truck" includes a motor vehicle with the open cargo area covered with a camper, camper shell, tarp, removable top, or similar structure.

- 8 - HB0561S01 compared with HB0561S02 (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.

- 11 - HB0561 compared with HB0561S02 (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.

(74) "Semitrailer" means the same as the term "trailer." - 9 - HB0561S01 compared with HB0561S02 (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.

or - 12 - HB0561 compared with HB0561S02 (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.

- 10 - HB0561S01 compared with HB0561S02 (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.

(84) - 13 - HB0561 compared with HB0561S02 (a) "Total fleet miles" means the total number of miles operated in all jurisdictions during the preceding year by power units.

- 11 - HB0561S01 compared with HB0561S02 (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.

- 14 - HB0561 compared with HB0561S02 [(1)] (2) "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.

- 12 - HB0561S01 compared with HB0561S02 (ii) with a seat or saddle designed for the use of the operator;

- 15 - HB0561 compared with HB0561S02 [(10)] (12) (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.

- 13 - HB0561S01 compared with HB0561S02 [(13)] (15) "Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a motor or electronics that:

or - 16 - HB0561 compared with HB0561S02 (B) in the absence of curbs, from the edges of the traversable roadway;

- 14 - HB0561S01 compared with HB0561S02 [(20)] (22) "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.

- 17 - HB0561 compared with HB0561S02 (iv) a motor-driven cycle;

- 15 - HB0561S01 compared with HB0561S02 (ii) a system capable of steering and stopping the unit under typical operating conditions;

- 18 - HB0561 compared with HB0561S02 [(26)] (28) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F.

- 16 - HB0561S01 compared with HB0561S02 (ii) a motorized wheelchair;

- 19 - HB0561 compared with HB0561S02 [(34)] (36) "Interdicted person" means the same as that term is defined in Section 32B-1-102.

- 17 - HB0561S01 compared with HB0561S02 (a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area;

{(42)} "Life essential item retrieval form" means a document completed by a registered owner or other authorized representative of a vehicle, vessel, or outboard motor that has been towed or removed to request and document the release of life essential items from the impounded or towed vehicle, vessel, or outboard motor.} [(40)] (43){(42)}(42) "Limited access highway" means a highway:

and - 20 - HB0561 compared with HB0561S02 (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)] (44){(43)}(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)] (45){(44)}(44) (a) "Low-speed vehicle" means a four wheeled motor vehicle that:

and - 18 - HB0561S01 compared with HB0561S02 (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.

[(43)] (46){(45)}(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)] (47){(46)}(46) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that:

[(45)] (48){(47)}(47) "Mobile home" means:

or - 21 - HB0561 compared with HB0561S02 (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)] this subsectionsubsection, {(48)} , but that is instead used permanently or temporarily for:

[(46)] (49){(48)}(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.

- 19 - HB0561S01 compared with HB0561S02 [(47)] (50){(49)}(49) (a) "Moped" means a motor-driven cycle having:

[(48)] (51){(50)}(50) (a) "Motor assisted scooter" means a self-propelled device with:

- 22 - HB0561 compared with HB0561S02 (b) "Motor assisted scooter" does not include:

[(49)] (52){(51)}(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.

- 20 - HB0561S01 compared with HB0561S02 (iii) an electric personal assistive mobility device;

[(50)] (53){(52)}(52) (a) "Motorcycle" means:

[(51)] (54){(53)}(53) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle having:

[(52)] (55){(54)}(54) "Off-highway implement of husbandry" means the same as that term is defined under Section 41-22-2.

- 23 - HB0561 compared with HB0561S02 [(53)] (56){(55)}(55) "Off-highway motorcycle" means the same as that term is defined in Section 41-22-2.

[(54)] (57){(56)}(56) "Off-highway vehicle" means the same as that term is defined under Section 41-22-2.

[(55)] (58){(57)}(57) "Operate" means the same as that term is defined in Section 41-1a-102.

[(56)] (59){(58)}(58) "Operator" means:

[(57)] (60){(59)}(59) "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.

-(60) 21"Parent" -or HB0561S01"guardian" comparedmeans{ Ĥ→ {} {[} an individual with HB0561S02a (61){(60)}parent-child "Parent"relationship under Section 81-5-102.} [(58)] (61) (a) {:} "Park" or "guardian""parking" means the standing of a vehicle, whether the vehicle is occupied or not.{] {[(a)]} } (b) { ←Ĥ } an individual with a parent-child relationship under Section 81-5-102.{ Ĥ→ {} [} {78B-15-102;

[(58)]} (62){(61)}"Park" (a)or"parking" "Park"does ornot "parking"include:{] means81-5-102.} {[(b)} (i) the standing of a vehicle,{legal whetherparent theunder Section 78B-15-102.} vehicle istemporarily occupiedfor the purpose of and while actually engaged in loading or not.unloading property or passengers;

(b)or{]} (ii) {{ ←Ĥ } {[(58)] (61)} {(a)} "Park" or "parking" doesmeans notthe include:standing of } a motor vehicle{, whether the vehicle is occupied or not} with an engaged automated driving system that has achieved a minimal risk condition, as those terms are defined in Section 41-26-102.1.

(i)[{(b)} the(59)] standing(62) of{"Park} "Peace officer" {or "parking" does not include:} means a vehiclepeace temporarilyofficer forauthorized theunder purposeTitle of53, andChapter while13, actuallyPeace engagedOfficer inClassifications, loadingto direct or unloadingregulate propertytraffic or passengers;to make arrests for violations of traffic laws.

or[{(i)} (ii)(60)] a(63) motor{the vehiclestanding withof ana engagedvehicle automatedtemporarily drivingfor systemthe thatpurpose hasof achievedand awhile minimalactually riskengaged condition,in asloading thoseor termsunloading areproperty definedor inpassengers; Section 41-26-102.1.

[(59)]or} (63){(62)}"Pedestrian" "Peace officer" means a peaceperson officertraveling: authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws.

[(60)]{(ii)} (64){(63)}(a) "Pedestrian"{a meansmotor vehicle with an engaged automated driving system that has achieved a personminimal traveling:risk condition, as those terms are defined in Section 41-26-102.1.} on foot;

(a)or on- foot;24 - HB0561 compared with HB0561S02 {[{(59)} (b){]} {{(62)} } "Peace officer" means } in 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} wheelchair.

or[{(60)} (b)(61)] in(63){(64)} Pedestrian traffic-control signal" means a wheelchair.{person traveling:} traffic-control signal used to regulate pedestrians.

[(61)][{(a)} (65){(64)}(62)] "Pedestrian(65) traffic-control{on signal"foot; means a traffic-control signal used to regulate pedestrians.

[(62)]or} (66){(65)} "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)][{(b)} (67){(66)}(63)] (66) {in } "Pole trailer" means a {wheelchair.} vehicle without motive power:

(a){[{(61)} (a){]} {{(64)} } "Pedestrian traffic-control signal" means } designed to be drawn by another vehicle and attached to the towing vehicle by means of a {traffic-control signal used } reach, or pole, or by being boomed or otherwise secured to {regulate pedestrians.} the towing vehicle;

and (b){[{(62)} (b){]} {{(65)} } "Person" means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation} that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or {any other legal or commercial entity} structural members generally capable of sustaining themselves as beams between the supporting connections.

[(64)][{(63)} (68){(67)}(64)] (66){(67) "Pole trailer} "Private road or driveway" means {a vehicle without motive power:} 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)][{(a)} (69){(68)}(65)] (68) {designed } "Programmable electric assisted bicycle" means an electric assisted bicycle with capability to switch or be programmed{drawn toby functionanother asvehicle aand classattached 1} electricprogrammed assistedto bicycle,{the classtowing 2vehicle electricby assistedmeans bicycle,of or} classfunction 3as electrica assisted{reach, bicycle,or providedpole} thatclass the1 electric assisted -bicycle, 22class -2 HB0561S01electric comparedassisted withbicycle, HB0561S02or bicycle{by fullybeing conformsboomed withor theotherwise respectivesecured requirementsto of} each class of3 electric assisted bicyclebicycle, whenprovided operatedthat inthe that{towing mode.vehicle;

[(66)]and} (70){(69)}electric "Railroad"assisted meansbicycle afully carrierconforms with the respective requirements of personseach orclass propertyof uponelectric carsassisted bicycle when operated onin stationarythat rails.mode.

[(67)][{(b)} (71){(70)}(66)] "Railroad(69) sign{that oris signal"ordinarily meansused afor sign,transporting signal,long or deviceirregular erectedshaped byloads authorityincluding ofpoles, apipes, publicor bodystructural ormembers officialgenerally orcapable byof asustaining railroadthemselves andas intendedbeams tobetween givethe noticesupporting ofconnections} the"Railroad" presencemeans ofa railroadcarrier tracksof persons or theproperty approachupon ofcars aoperated railroadon train.stationary rails.

[(68)]- (72){(71)}25 - HB0561 compared with HB0561S02 [{(64)} (67)] (67){(70) "Private road } "Railroad train"sign or {driveway} signal" means {every way } a locomotivesign, propelledsignal, byor anydevice formerected by authority of energy,a coupledpublic withbody or operated{place withoutin cars,private ownership and operatedused uponfor rails.vehicular travel by } official or by a railroad and intended to give notice of the {owner and those having express } presence of railroad tracks or {implied permission from } the {owner, but not by other persons} approach of a railroad train.

[(69)][{(65)} (73){(72)}(68)] "Restored-modified(68){(71) vehicle""Programmable electric assisted bicycle} "Railroad train" means the{an sameelectric assisted bicycle with capability to switch or be programmed to function as a class 1 electric assisted bicycle, class 2 electric assisted bicycle, } a locomotive propelled by any form of energy, coupled with or {class 3 electric assisted bicycle} operated without cars, {provided that the termelectric definedassisted inbicycle Sectionfully 41-1a-102.conforms with the respective requirements of each class of electric assisted bicycle when } and operated {in that mode} upon rails.

[(70)][{(66)} (74){(73)}(69)] "Right-of-way"(69){(72) means"Railroad} the"Restored-modified rightvehicle" ofmeans one{a vehiclecarrier orof pedestrianpersons to proceed in a lawful manner in preference to another vehicle or pedestrianproperty approachingupon undercars circumstancesoperated ofon direction,stationary speed,rails} andthe proximitysame thatas givethe riseterm todefined dangerin ofSection collision41-1a-102. unless one grants precedence to the other.

[(71)][{(67)} (75){(74)}(70)] (a)(70){(73) "Roadway""Railroad sign or signal} "Right-of-way" means {a sign, signal, or device erected by authority of a public body or official or by a railroad } 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 {intended to } proximity that portiongive {notice of highwaythe improved,presence designed,of railroad tracks or ordinarily} usedrise forto vehiculardanger travel.of collision unless one grants precedence to the {approach of a railroad train} other.

(b)[{(68)} "Roadway"(71)] does(71){(74)} not(a) include{"Railroad thetrain} sidewalk,"Roadway" berm,means or{a shoulder,locomotive evenpropelled thoughby any form } that portion of them{energy} arehighway usedimproved, bydesigned, persons{coupled ridingwith bicycles} or other{operated human-poweredwithout vehicles.cars, and operated upon rails} ordinarily used for vehicular travel.

(c){[{(69)} (b){]} {{(72)} } "Restored-modified vehicle} "Roadway" refers{means tothe anysame roadwayas separatelythe butterm defined in Section 41-1a-102} does not toinclude allthe roadwayssidewalk, collectively,berm, ifor ashoulder, highwayeven includesthough twoany of them are used by persons riding bicycles or moreother separatehuman-powered roadways.vehicles.

[(72)]{[{(70)} (76){(75)}(c){]} "Safety{{(73)} zone"} means"Right-of-way} "Roadway" {means the arearight orof spaceone officiallyvehicle setor apartpedestrian withinto proceed in a roadwaylawful formanner thein exclusivepreference useto another vehicle or pedestrian approaching under circumstances of pedestriansdirection, andspeed} thatrefers isto protected,any marked,roadway orseparately indicatedbut bynot adequateto signsall asroadways collectively, {and proximity that give rise to bedanger plainlyof visiblecollision atunless allone timesgrants whileprecedence setto apartthe asother} if a safetyhighway zone.includes two or more separate roadways.

[(73)]- (77){(76)}26 (a)- "SchoolHB0561 bus"compared with HB0561S02 [{(71)} (72)] (74){(75) {(a)} "Roadway} "Safety zone" means {that portion of highway improved} the area or space officially set apart within a motorroadway vehiclefor that:the exclusive use of pedestrians and that is protected, {designed} marked, or {ordinarily used for vehicular travel} indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

(i)[{(b)} complies(73)] with(76) the(a) color{"Roadway} and"School identificationbus" requirements{does ofnot include the mostsidewalk, recentberm, editionor shoulder, even though any of "Minimumthem Standardsare forused Schoolby Buses";persons riding bicycles or other human-powered vehicles.} means a motor vehicle that:

and{(c)} (ii)(i) is{"Roadway" usedrefers to transportany schoolroadway childrenseparately but not to orall fromroadways schoolcollectively, if a highway includes two or schoolmore activities.separate roadways.} complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses";

(b)and "School{[{(72)} bus"(ii){]} does{{(75)} not} include"Safety zone" means the area or space officially set apart within a vehicleroadway operatedfor 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 commonsafety carrierzone} inis transportationused ofto transport school children to or from school or school activities.

-{[{(73)} 23(b){]} -{{(76)} HB0561S01} compared{(a)} withSchool HB0561S02bus" [(74)]{means (78){(77)}} "Self-balancingdoes electricnot skateboard"include meansa {motor } vehicle {that:} operated by a devicecommon similarcarrier in transportation of school children to aor skateboardfrom that:school or school activities.

(a)[{(i)} has(74)] a(77) single{complies wheel;with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses";

(b)and} is"Self-balancing poweredelectric byskateboard" anmeans electrica motor;device similar to a skateboard that:

and{(ii)} (c)(a) is{is designedused forto thetransport operatorschool children to faceor perpendicularfrom toschool theor directionschool ofactivities.} travelhas whilea operatingsingle thewheel; device.

[(75)](b) (79){(78)}{"School (a)bus" "Semitrailer"does meansnot include a vehicle withoperated } is powered by {a common carrier in transportation of school children to or withoutfrom motiveschool power:or school activities.} an electric motor;

(i)and {[{(74)} (c){]} {{(77)} } "Self-balancing electric skateboard" means a } is designed for carryingthe personsoperator orto propertyface andperpendicular forto beingthe drawndirection byof travel while operating the device {similar to a motorskateboard vehicle;that:} .

and[{(a)} (ii)(75)] constructed(78) so(a) that{has some} part"Semitrailer" ofmeans itsa weight{single andwheel;} thatvehicle ofwith its load rests on or iswithout carriedmotive bypower: another vehicle.

(b)- "Semitrailer"27 does- notHB0561 includecompared with HB0561S02 {(b)} (i) {is powered } designed for carrying persons or property and for being drawn by {an electric motor} a polemotor trailer.vehicle;

[(76)]and (80){(79)}{(c)} "Shoulder(ii) area"{is means:designed for the operator to face perpendicular to the direction of travel while operating the device} constructed so that some part of its weight and that of its load rests on or is carried by another vehicle.

(a){[{(75)} that(b){]} area{{(78)} of} the{(a)} hard-surfacedSemitrailer" highway{does separatednot frominclude the} roadwaymeans by a pavement{pole edgetrailer.} linevehicle aswith establishedor inwithout themotive currentpower: approved "Manual on Uniform Traffic Control Devices";

or[{(i)} (b)(76)] that(79) portion{designed offor thecarrying roadpersons contiguousor toproperty theand roadway for accommodationbeing ofdrawn stoppedby vehicles,a formotor emergencyvehicle; use, and for lateral support.

[(77)]and} (81){(80)}"Shoulder "Sidewalk"area" meansmeans: 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)]{(ii)} (82){(81)} (a) "Soft-surface{constructed trail"so meansthat asome markedpart trail} surfacedthat witharea sand,of rock,{its orweight dirtand that isof designatedits forload rests } the usehard-surfaced ofhighway separated from the roadway by a bicycle.pavement edge line as established in the current approved "Manual on Uniform Traffic Control Devices";

(b)or "Soft-surface{is trail"carried by another vehicle.} (b) {"Semitrailer" does not meaninclude a trail:pole trailer} that portion of the road contiguous to the roadway for accommodation of stopped vehicles, for emergency use, and for lateral support.

(i)[{(76)} where(77)] the(79){(80) use"Shoulder area} "Sidewalk" means{:} that portion of a motorstreet vehiclebetween orthe ancurb electriclines, assistedor bicyclethe islateral prohibitedlines byof a federalroadway, law,and regulation,the oradjacent rule;property lines intended for the use of pedestrians.

or[{(a)} (ii)(78)] located(81) in(a) whole"Soft-surface ortrail" inmeans parta onmarked landtrail grantedsurfaced towith thesand, staterock, or adirt politicalthat subdivision{area subjectof tothe ahard- conservationsurfaced easementhighway thatseparated prohibitsfrom } is designated for the {roadway by } use of a motorized{pavement vehicle.edge line as established in the current approved "Manual on Uniform Traffic Control Devices";

[(79)]or} (83){(82)}bicycle. "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)](b) (84){(83)}{that "Stand"portion orof "standing" means the temporaryroad haltingcontiguous ofto athe vehicle,roadway whetherfor occupiedaccommodation orof not,stopped vehicles, for theemergency purposeuse, of and whilefor actuallylateral engagedsupport.} in"Soft-surface receivingtrail" ordoes dischargingnot passengers.mean a trail:

[(81)]{[{(77)} (85){(84)}(i){]} "Stop"{{(80)} when} required"Sidewalk" means completethat cessationportion from} movement.where the use of a {street between the curb lines, } motor vehicle or {the lateral lines of } an electric assisted bicycle is prohibited by a {roadway} federal law, {and the adjacent property lines intended for the use of pedestrians.} regulation, or rule;

or {[{(78)} (ii){]} {{(81)} } - 2428 - HB0561S01HB0561 compared with HB0561S02 [(82)]{(a)} (86){(85)}"Soft-surface "Stop"trail" means a marked trail surfaced with sand, rock, or "stopping"dirt when} prohibitedlocated meansin anywhole haltingor evenin momentarilypart ofon aland vehicle,granted whetherto occupiedthe state or not,a exceptpolitical when:subdivision subject to a conservation easement that {is designated for } prohibits the use of a {bicycle} motorized vehicle.

(a)[{(b)} necessary(79)] to(82) avoid{"Soft-surface conflicttrail" with} "Solid rubber tire" means a tire of rubber or other traffic;resilient material that does not {mean a trail:} depend on compressed air for the support of the load.

or[{(i)} (b)(80)] in(83) compliance{where with} "Stand" or "standing" means the directions{use } temporary halting of a peace{motor officer} vehicle , whether occupied or traffic-control{an device.electric assisted bicycle is prohibited by a federal law} not, {regulation, or rule;

[(83)]or} (87){(86)}for "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 requirementspurpose of Sectionand 41-6a-1509while toactually operateengaged on highways in thereceiving stateor indischarging accordancepassengers. with Section 41-6a-1509.

[(84)][{(ii)} (88){(87)}(81)] "Street-legal(84) novel{located vehicle"in meanswhole aor vehiclein registeredpart ason aland novelgranted vehicleto underthe Sectionstate 41-27-201or thata ispolitical modifiedsubdivision subject to meeta theconservation requirementseasement ofthat Sectionprohibits 41-6a-1509the touse operateof ona highwaysmotorized invehicle} the"Stop" statewhen inrequired accordancemeans withcomplete Sectioncessation 41-6a-1509.from movement.

[(85)][{(79)} (89){(88)}(82)] "Tow(82){(85) truck"Solid operator"rubber tire} "Stop" or "stopping" when prohibited means the{a sametire asof rubber } any halting even momentarily of a vehicle, whether occupied or {other resilient material that termdoes isnot defineddepend inon Sectioncompressed 72-9-102.air for the support of the load.} not, except when:

[(86)]{[{(80)} (90){(89)}(a){]} "Tow{{(83)} truck} motor"Stand" carrier"} meansnecessary theto sameavoid asconflict thatwith termother istraffic; defined in Section 72-9-102.

[(87)]or (91){(90)}{"standing" "Traffic" means pedestrians,the bicyclists,temporary riddenhalting of a vehicle, whether occupied or herdednot, animals,for vehicles,the purpose of and otherwhile conveyancesactually eitherengaged singlyin receiving or togetherdischarging whilepassengers.} using{[{(81)} any(b){]} highway{{(84)} for} "Stop" when required means complete cessation from movement} in compliance with the purposedirections of travel.a peace officer or traffic-control device.

[(88)][{(82)} (92){(91)}(83)] "Traffic(85){(86) signal"Stop} preemption"Street-legal device"all-terrain vehicle" or {"stopping} "street-legal ATV" {when prohibited } means {any halting even momentarily of a } an instrumentall-terrain ortype mechanismI designed,vehicle, intended,all- terrain type II vehicle, {whether occupied } or used{not} toall-terrain interferetype withIII thevehicle, operation{except when:} or cyclean off-highway motorcycle, that is modified to meet the requirements of aSection traffic-control41-6a-1509 signal.to operate on highways in the state in accordance with Section 41-6a-1509.

[(89)][{(a)} (93){(92)}(84)] "Traffic-control(87) device"{necessary meansto aavoid sign,conflict signal,} marking,"Street-legal ornovel devicevehicle" notmeans inconsistenta withvehicle thisregistered chapteras placeda ornovel erectedvehicle byunder aSection highway41-27-201 authoritythat foris modified to meet the purposerequirements of regulating,Section warning,41-6a-1509 orto guidingoperate traffic.on highways in the state in accordance with {other traffic;

[(90)]or} (94){(93)}Section "Traffic-control41-6a-1509. signal" means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

[(91)][{(b)} (95){(94)}(85)] (a)(88) "Trailer"{in meanscompliance a vehicle with orthe withoutdirections motiveof powera designedpeace forofficer carrying persons or propertytraffic-control anddevice} for"Tow beingtruck drawnoperator" bymeans athe motorsame vehicleas and constructed so that noterm partis ofdefined itsin weightSection rests72-9-102. upon the towing vehicle.

(b)- "Trailer"29 does- notHB0561 includecompared awith poleHB0561S02 trailer.[{(83)} (86)] (86){(89) "Street-legal all-terrain vehicle} "Tow truck motor carrier" {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, } the same as that term is {modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state } defined in {accordance with } Section {41-6a-1509} 72-9-102.

[(92)][{(84)} (96){(95)}(87)] "Truck"(87){(90) "Street-legal novel vehicle} "Traffic" means {a vehicle registered as a motornovel vehicle designed,under used,Section 41-27-201 that is modified to meet } pedestrians, bicyclists, ridden or maintainedherded primarilyanimals, vehicles, and other conveyances either singly or together while using any highway for the transportation{requirements } purpose of property.{Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509} travel.

[(93)][{(85)} (97){(96)}(88)] "Truck(88){(91) tractor""Tow truck operator} "Traffic signal preemption device" means an instrument or mechanism designed, intended, or used to interfere with the {same as that term is defined in Section 72-9-102} operation or cycle of a motortraffic-control vehicle:signal.

(a)[{(86)} designed(89)] and(89){(92) used"Tow primarilytruck motor carrier} "Traffic-control device" means {the same as that term is defined in Section 72-9-102} a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for drawingthe otherpurpose vehicles;of regulating, warning, or guiding traffic.

and[{(87)} -(90)] 25(90){(93)} -Traffic{-control HB0561S01signal} compared" withmeans HB0561S02{a (b)device} constructedpedestrians, to{whether carrymanually} abicyclists, part{electrically, of} theridden weightor of{mechanically theoperated} vehicleherded animals, vehicles, {by which traffic is alternately directed to stop } and load{permitted drawnto byproceed} other conveyances either singly or together while using any highway for the truckpurpose tractor.of travel.

[(94)][{(88)} (98){(97)}(91)] "Two-way(91){(94)} left(a) turn{"Traffic lane"signal preemption device} "Trailer" means {an instrument or mechanism } a lane:vehicle with or without motive power designed{, intended, } for carrying persons or {used to interfere with the operation or cycle of a traffic-control signal} property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

(a){[{(89)} provided(b){]} {{(92)} } "Traffic-control device} "Trailer" {means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for vehiclethe operatorspurpose makingof leftregulating, turnswarning, inor eitherguiding direction;traffic} does not include a pole trailer.

(b)- that30 - HB0561 compared with HB0561S02 [{(90)} (92)] (93){(95) "Traffic-control signal} "Truck" means a {device} motor vehicle designed, {whether manually, electrically, or mechanically operated, by which traffic is notalternately useddirected forto passing,stop overtaking,and permitted to proceed} used, or throughmaintained travel;primarily for the transportation of property.

and[{(91)} (c)(93)] that(94){(96) has{(a)} been"Trailer} indicated"Truck tractor" means a {vehicle with or without motive power designed for carrying persons or property and for being drawn by a lane} traffic-controlmotor devicevehicle {and constructed so that mayno includepart laneof markings.its weight rests upon the towing vehicle.} :

[(95)]{(b)} (99){(98)}(a) "Urban{"Trailer" district"does meansnot theinclude territorya contiguouspole totrailer.} designed and includingused anyprimarily street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for adrawing distanceother ofvehicles; a quarter of a mile or more.

[(96)]and (100){(99)}{[{(92)} "Vehicle"(b){]} means{{(95)} a} device"Truck" in,means on,} orconstructed byto whichcarry a person{motor orvehicle propertydesigned, isused, or maymaintained beprimarily transportedfor or} drawnpart onof athe highway,{transportation exceptof aproperty} mobileweight carrier,of asthe definedvehicle inand Sectionload 41-6a-1120,drawn orby athe devicetruck usedtractor. exclusively on stationary rails or tracks.

[(97)][{(93)} (101){(100)}(94)] "Wheelie"(96){(97) means"Truck atractor} maneuver"Two-way performedleft whileturn operatinglane" means a motorcycle{motor wherebyvehicle} thelane: front wheel of the motorcycle is raised off of the ground.

Section(a) 3.{designed and used primarily } provided for {drawing other vehicles} vehicle operators making left turns in either direction;

{and} (b) {constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor.} that is not used for passing, overtaking, or through travel;

and {[{(94)} (c){]} {{(97)} } "Two-way left turn lane" means } that has been indicated by a lane{:} traffic- control device that may include lane markings.

[{(a)} (95)] (98) {provided for vehicle operators making left turns } "Urban district" means the territory contiguous to and including any street, in {either direction;} 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.

[{(b)} (96)] (99) {that is not used for passing} "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, {overtaking} as defined in Section 41-6a-1120, or {through travel;

and} a device used exclusively on stationary rails or tracks.

[{(c)} (97)] (100) {that has been indicated by } "Wheelie" means a {lane traffic-control device that may include lane markings} maneuver performed while operating a motorcycle whereby the front wheel of the motorcycle is raised off of the ground.

- 31 - HB0561 compared with HB0561S02 {[(95)] (98)} {"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)] (99)} {"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)] (100)} "Wheelie" means a maneuver performed while operating a motorcycle whereby the front wheel of the motorcycle is raised off of the ground.} Section 3.

(2) - 26 - HB0561S01 compared with HB0561S02 (a) An operator who violates Subsection (1) and while so doing causes death or serious bodily injury to another person, under circumstances not amounting to murder or aggravated murder, is guilty of a [felony of the second degree] second degree felony.

(3) - 32 - HB0561 compared with HB0561S02 (a) In addition to the penalty provided under this section or any other section, a person who violates Subsection (1)(a) or (2)(a) shall have the person's driver license revoked under Subsection 53-3-220(1)(a)(ix) for a period of one year.

- 27 - HB0561S01 compared with HB0561S02 (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or outboard motor that is impounded as described in Subsection (1).

- 33 - HB0561 compared with HB0561S02 (i) the peace officer or agency by whom the peace officer is employed;

(5) - 28 - HB0561S01 compared with HB0561S02 (a) A report described in this Subsection (5) is required for any vehicle, vessel, or outboard motor that is removed, except for:

- 34 - HB0561 compared with HB0561S02 (b) For a removal described in Subsection (5)(a), the relevant law enforcement officer shall provide documentation to the tow truck operator or tow truck motor carrier that includes:

and - 29 - HB0561S01 compared with HB0561S02 (ii) a description of the vehicle, vessel, or outboard motor, including the color, make, model, and model year of the vehicle, vessel, or outboard motor.

- 35 - HB0561 compared with HB0561S02 (g) A vehicle, vessel, or outboard motor removed under this Subsection (5) shall be removed to:

(ii) {[anyany {]}lien a }lien holder;

or (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor is {[currentlycurrently ]} operating under a temporary permit issued by the dealer, as described in Section 41-3-302.

(i) state the date, time, and place of removal, the name, if applicable, of the [person] individual{ {]} individual }operatingoperating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal, and the place where the vehicle, vessel, or outboard motor is stored;

(iii) state the conditions that {[must{]}must shall} be satisfied before the vehicle, vessel, or outboard motor is released;

and - 30 - HB0561S01 compared with HB0561S02 (iv) inform the parties described in Subsection (6)(a) of the division's intent to sell the vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or impoundment under this section, one of the parties fails to make a claim for release of the vehicle, vessel, or outboard motor.

- 36 - HB0561 compared with HB0561S02 (d) The Motor Vehicle Division is not required to give notice under this Subsection (6) if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck service in accordance with Subsection 72-9-603(1)(a)(i).

(iii) The designated agent may disclose information received {[regarding{]}regarding concerning} a tow described in Subsections (6)(e)(i)(A) and (B) to the vehicle owner and to the vehicle owner's verified insurance company.

- 31 - HB0561S01 compared with HB0561S02 (iii) completes the registration, if needed, and pays the appropriate fees;

and{[and]} (v){(v) paysif allthe towingimpoundment andwas storagemade feesunder toSection the41-6a-1511, placepays wherean theadministrative vehicle,impound vessel,fee orof outboard$50; motor is stored.

and} - 37 - HB0561 compared with HB0561S02 {[(v){]} {(vi)} } pays all towing and storage fees to the place where the vehicle, vessel, or outboard motor is stored.

- 32 - HB0561S01 compared with HB0561S02 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a removal or impoundment under Subsection (1) or any service rendered, performed, or supplied in connection with a removal or impoundment under Subsection (1).

and - 38 - HB0561 compared with HB0561S02 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in Subsection (6)(a), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under this Subsection (7).

(i) (A) satisfies the requirements of Subsections (7)(a)(i) and (7)(a)(iii) through (v);{[(v){]} (vi)};

(B) provides a towing certificate issued by the Department of Transportation [pursuant to{]to in accordance with} ] in accordance with Section 72-9-602;

and (D) obtains or presents an impound release for the vehicle, vessel, or outboard motor [pursuant to{]to in accordance with} ] in accordance with Subsection (7)(a).

- 33 - HB0561S01 compared with HB0561S02 (b) The date of impoundment or removal is considered the date of seizure for computing the time period provided under Section 41-1a-1103.

(10) - 39 - HB0561 compared with HB0561S02 (a) As used in this Subsection (10), "life essential item" means the same as that term is defined in Subsection 72-9-603(13).

(d) {(i)} Except for a vehicle, vessel, or outboard motor being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to take possession of any life essential item within the vehicle, vessel, or outboard motor during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid.

{(ii) A tow truck operator, a tow truck motor carrier, or an impound yard may not allow an individual to retrieve the items described in Subsection (10)(d)(i) if the retrieval would cause an unreasonable delay to vehicle impounding or storage or create a safety risk.} (e) Except for a vehicle, vessel, {[oror ]} outboard motor{,motor or an item} being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a person described in Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to enter the vehicle, vessel, or outboard motor {afterduring completion of a life essential item retrieval form }during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor.

- 34 - HB0561S01 compared with HB0561S02 (12) (a) The Motor Vehicle Division may specify that a report required under Subsection (4) be submitted in electronic form {[utilizing{]}utilizing using} a database for submission, storage, and retrieval of the information.

(b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the administrator of the database may adopt a schedule of fees assessed for {[utilizing{]}utilizing using} the database.

{(13)Section If5. an owner or authorized representative of a vehicle, vessel, or outboard motor that has been towed or removed requests to retrieve a life essential item, an operator of an impound yard shall provide a life essential item retrieval form.} {(14)} {(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules creating, managing, and distributing a life essential item retrieval form.} {(b) The commission shall ensure that a life essential item retrieval form includes:} {(i) identifying information of:} {(A) the individual requesting release of a life essential item;} {(B) the vehicle, vessel, or outboard motor containing the life essential item;

and} {(C) the life essential item for which the individual is requesting release;} {(ii) if the individual requesting release of a life essential item is not the registered owner of the vehicle, vessel, or outboard motor, proof of authority to retrieve a life essential item;} {(iii) space for a representative of the impound yard to note the condition of a life essential item upon the item's release;} {(iv) the date of request and release;} {(v) if the individual requesting release of a life essential item is requesting an item specific to the individual's employment, the name and phone number of an employer of the individual;} {(vi) space for signatures of the individual requesting release of a life essential item and a representative of the impound yard;

and} {(vii) other items deemed necessary and proper by the commission.} - 35 - HB0561S01 compared with HB0561S02 Section 5.

- 40 - HB0561 compared with HB0561S02 (1) An adult, parent, or guardian may not authorize or knowingly permit a child to violate this part.

(3)(3){ Ĥ→ {} {[} (3)} A law enforcement officer shall notify the parent or guardian of a child {described in Subsection (2) is guilty of:]} who violates this part.

(4){[(a) Aa lawclass enforcementC officermisdemeanor mayif:]} impound{[(i) athe motorcyclechild ifhas thepreviously operatorcommitted commits a violation of this part.part;

(5)and]} An{[(ii) impoundmentthe underparent thisor sectionguardian iswas subjectnotified toof Sectionthe 41-6a-1406.prior violation;

Sectionor]} 6.{[(b) a class B misdemeanor if:]} {[(i) the parent or guardian was convicted under Subsection (3)(a);

and]} {[(ii) the child commits a new violation after the conviction described in Subsection (3)(b)(i).]} {[(4)] {(3)} } (a){ ←Ĥ } (4) A law enforcement officer may impound a motorcycle if the operator commits a violation of this part.

1187a Ĥ→ {(b) {A law enforcement officer shall notify the parent or guardian of a child who violates this part.} } (5){[{(5)} {]} {{(4)} }{} ←Ĥ } An impoundment under this section is subject to Section 41-6a-1406.

Ĥ→ {[(6)] {(5)} ←Ĥ {A motorcycle impounded for a violation of Subsection (1) is subject to an administrative impound fee of $50.} } Ĥ→ {[(7)] {(6)} ←Ĥ {The fee described in Subsection [(6)](5) shall be deposited into the Brain and Spinal Cord Injury Fund created in Section 26B-1-318.} } Section 6.

{Section 7.

Section 72-9-102 is amended to read:

} 72-9-102.

Definitions.

As used in this chapter:

(1) (a) "Commercial vehicle" includes:

(i) an interstate commercial vehicle;

(ii) an intrastate commercial vehicle;

and (iii) a tow truck.

(b) "Commercial vehicle" does not include the following vehicles for purposes of this chapter:

(i) equipment owned and operated by the United States Department of Defense when driven by any active duty military personnel and members of the reserves and national guard on active duty including personnel on full-time national guard duty, personnel on part-time training, and national guard military technicians and civilians who are required to wear military uniforms and are subject to the code of military justice;

(ii) firefighting and emergency vehicles, operated by emergency personnel, not including commercial tow trucks;

(iii) recreational vehicles that are driven solely as family or personal conveyances for noncommercial purposes;

or - 36 - HB0561S01 compared with HB0561S02 (iv) vehicles owned by the state or a local government.

(2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property if the vehicle:

(a) has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds, or gross combination weight rating or gross combination weight of 10,001 or more pounds, whichever is greater;

(b) is designed or used to transport more than eight passengers, including the driver, for compensation;

(c) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation;

or (d) (i) is used to transport materials designated as hazardous in accordance with 49 U.S.C.

Sec.

5103;

and (ii) is required to be placarded in accordance with regulations under 49 C.F.R.[,] Subtitle B, Chapter I, Subchapter C.

(3) "Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailer used or maintained for business, compensation, or profit to transport passengers or property on a highway only within the boundaries of this state if the commercial vehicle:

(a) (i) has a manufacturer's gross vehicle weight rating or gross vehicle weight, or gross combination weight rating or gross combination weight of 26,001 or more pounds, whichever is greater, and is operated by an individual who is 18 years old or older;

or (ii) has a manufacturer's gross vehicle weight rating or gross combination weight rating of 16,001 or more pounds and is operated by an individual who is under 18 years old;

(b) (i) is designed to transport more than 15 passengers, including the driver;

or (ii) is designed to transport more than 12 passengers, including the driver, and has a manufacturer's gross vehicle weight rating or gross combination weight rating of 13,000 or more pounds;

or (c) is used in the transportation of hazardous materials and is required to be placarded in accordance with 49 C.F.R.

Part 172, Subpart F.

(4) "Life essential item retrieval form" means the same as that term is defined in Section 41-6a-102.

- 37 - HB0561S01 compared with HB0561S02 [(4)] (5) "Motor carrier" means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business.

[(5)] (6) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as that term is defined in Section 41-1a-102.

[(6)] (7) "Property owner" means the owner or lessee of real property.

[(7)] (8) "State impound yard" means the same as that term is defined in Section 41-1a-102.

[(8)] (9) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means.

[(9)] (10) "Tow truck motor carrier" means a motor carrier that is engaged in or transacting business for tow truck services.

[(10)] (11) "Tow truck operator" means an individual that performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier.

[(11)] (12) "Tow truck service" means the functions and any ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place by means of a tow truck.

[(12)] (13) "Transportation" means the actual movement of property or passengers by motor vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in connection with movement by motor vehicle, which is performed by or on behalf of the motor carrier, its employees or agents, or under the authority of the motor carrier, its employees or agents, or under the apparent authority and with the knowledge of the motor carrier.

{Section 7.

Section 72-9-603 is amended to read:

} 72-9-603.

Towing notice requirements -- Cost responsibilities -- Abandoned vehicle title restrictions -- Rules for maximum rates and certification.

(1) Except for a tow truck service that was ordered by a peace officer, a person acting on behalf of a law enforcement agency, or a highway authority, after performing a tow truck service that is being done without the vehicle, vessel, or outboard motor owner's knowledge, the tow truck operator or the tow truck motor carrier shall:

- 38 - HB0561S01 compared with HB0561S02 (a) immediately upon arriving at the place of storage or impound of the vehicle, vessel, or outboard motor:

(i) provide relevant information to the impound vehicle service system database administered by the Motor Vehicle Division, including:

(A) the date and time of the removal of the vehicle, vessel, or outboard motor;

(B) a description of the vehicle, vessel, or outboard motor;

and (C) the vehicle identification number or vessel or outboard motor identification number;

and (ii) contact the law enforcement agency having jurisdiction over the area where the vehicle, vessel, or outboard motor was picked up and notify the agency of the:

(A) location of the vehicle, vessel, or outboard motor;

(B) date, time, and location from which the vehicle, vessel, or outboard motor was removed;

(C) reasons for the removal of the vehicle, vessel, or outboard motor;

(D) person who requested the removal of the vehicle, vessel, or outboard motor;

and (E) description, including the identification number, license number, or other identification number issued by a state agency, of the vehicle, vessel, or outboard motor;

(b) except for a vehicle, vessel, or outboard motor that has been retrieved by the owner or operator, within two business days of performing the tow truck service under Subsection (1)(a), send a certified letter to the last-known address of each party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or, if the[ person ] individual has actual knowledge of the party's address, to the [current ] party's address, notifying the party of the:

(i) location of the vehicle, vessel, or outboard motor;

(ii) date, time, and location from which the vehicle, vessel, or outboard motor was removed;

(iii) reasons for the removal of the vehicle, vessel, or outboard motor;

(iv) person who requested the removal of the vehicle, vessel, or outboard motor;

(v) [a ]description, including [its] an identification number and license number or other identification number issued by a state agency;

and (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor;

and (c) upon initial contact with the owner or operator whose vehicle, vessel, or outboard motor was removed, provide the owner or operator with a copy of the Utah Consumer Bill of Rights Regarding Towing established by the department in Subsection (16)(e).

- 39 - HB0561S01 compared with HB0561S02 (2) Until the tow truck operator or tow truck motor carrier reports the information required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound yard may not:

(a) collect any fee associated with the removal;

or (b) begin charging storage fees.

(3) (a) Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck motor carrier may not perform a tow truck service at the request or direction of a private property owner or the property owner's agent unless:

(i) the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the tow truck service;

or (ii) the property owner erects signage that meets the requirements of:

(A) Subsection (4)(b)(ii);

and (B) Subsection (7) or (8).

(b) Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or outboard motor:

(i) from a location where parking is prohibited by law, including:

(A) a designated fire lane;

(B) within 15 feet of a fire hydrant, unless the vehicle is parked in a marked parking stall or space;

or (C) a marked parking stall or space legally designated for disabled [persons] individuals;

(ii) from a location where it is reasonably apparent that the location is not open to parking;

(iii) from a location where all public access points are controlled by:

(A) a permanent gate, door, or similar feature allowing the vehicle to access the facility;

or (B) a parking attendant;

(iv) from a location that materially interferes with access to private property;

(v) from the property of a detached single-family dwelling or duplex;

or (vi) [pursuant to] in accordance with a legal repossession.

(4) (a) A private property owner may, subject to the requirements of a local ordinance, enforce parking restrictions by:

(i) authorizing a tow truck motor carrier to patrol and monitor the property and enforce parking restrictions on behalf of the property owner in accordance with Subsection (7);

- 40 - HB0561S01 compared with HB0561S02 (ii) enforcing parking restrictions as needed by requesting a tow from a tow truck motor carrier on a case-by-case basis in accordance with Subsection (8);

or (iii) requesting a tow from a tow truck motor carrier after providing 24-hour written notice in accordance with Subsection (9).

(b) (i) Any agreement between a private property owner and tow truck motor carrier authorizing the tow truck motor carrier to patrol and monitor the property under Subsection (4)(a)(i) shall include specific terms and conditions for the tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the property.

(ii) In addition to the signage described in Subsection (7) or (8), a private property owner who allows public parking shall erect appropriate signage on the property indicating clear instructions for parking at the property.

(iii) Where a single parking area includes abutting parcels of property owned by two or more private property owners who enforce different parking restrictions under Subsection (7) or (8), each property owner shall, in addition to the requirements under Subsection (7) or (8), erect signage as required by this section:

(A) at each entrance to the property owner's parcel from another property owner's parcel;

and (B) if there is no clearly defined entrance between one property owner's parcel and another property owner's parcel, at intervals of 40 feet or less along the line dividing the property owner's parcel from the other property owner's parcel.

(iv) Where there is no clearly defined entrance to a parking area from a highway, the property owner shall erect signage as required by this section at intervals of 40 feet or less along any portion of a property line where a vehicle, vessel, or outboard motor may enter the parking area.

(5) Nothing in Subsection (3) or (4) restricts the ability of a private property owner from, subject to [the provisions of ]this section, instituting and enforcing regulations for parking at the property.

(6) In addition to any other powers provided by law, a political subdivision or state agency may:

(a) enforce parking restrictions in accordance with Subsections (7) through (9) on property that is:

(i) owned by the political subdivision or state agency;

(ii) located outside of the public right-of-way;

and (iii) open to public parking;

and - 41 - HB0561S01 compared with HB0561S02 (b) request or direct a tow truck service [in order ]to abate a public nuisance on private property over which the political subdivision or state agency has jurisdiction.

(7) For private property where parking is enforced under Subsection (4)(a)(i), the property owner shall ensure that each entrance to the property has signs located on the property and clearly visible to the driver of a vehicle entering the property that substantially comply with the following, as determined by the department:

(a) a top sign that is 24 inches tall by 18 inches wide and has:

(i) a blue, reflective background with a 1/2 inch white border;

(ii) two-inch, white letters at the top of the sign with the capitalized words "Lot is Patrolled";

(iii) a white towing logo that is six inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed;

and (iv) two-inch, white letters at the bottom of the sign with the capitalized words "Towing Enforced";

and (b) a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:

(i) a top half that is red background with white, reflective letters indicating:

(A) who is authorized to park or restricted from parking at the property;

and (B) any type of vehicle prohibited from parking at the property;

and (ii) a bottom half that has a white, reflective background with red letters indicating:

(A) the name and telephone number of the tow truck motor carrier that the property owner has authorized to patrol the property;

and (B) the [Internet] internet web address "tow.utah.gov".

(8) (a) For private property where parking is enforced under Subsection (4)(a)(ii), a tow truck motor carrier may not:

[(i) a tow truck motor carrier may not:] [(A)] (i) patrol and monitor the property;

[(B)] (ii) perform a tow truck service without the written or verbal request of the property owner or the property owner's agent;

or [(C)] (iii) act as the property owner's agent to request a tow truck service.

- 42 - HB0561S01 compared with HB0561S02 (b) For private property where parking is enforced under Subsection (4)(a)(ii), the property owner shall ensure that each entrance to the property has a clearly visible sign located on the property that substantially follows the following format, as determined by the department:

(i) the sign is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:

(A) at the top of the sign, a blue background with a white, reflective towing logo that is at least four inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed;

(B) immediately below the towing logo described in Subsection (8)(b)(i)(A), a blue background with white, reflective letters at least two inches tall with the capitalized words "Towing Enforced";

and (C) in the middle of the sign, a red background with white, reflective letters at least one inch tall indicating who is authorized to park or restricted from parking at the property, and any type of vehicle prohibited from parking at the property;

and (ii) at the bottom of the sign, a white, reflective background with red letters at least one inch tall indicating:

(A) either the name and telephone number of the property owner or the property owner's agent who is authorized to request a tow truck service, or the name and telephone number of the tow truck motor carrier that provides tow truck services for the property;

and (B) the [Internet] internet web address "tow.utah.gov".

(c) If a dispute arises regarding whether a sign required under this section substantially complies with the requirements of this section, the department shall determine whether the sign substantially complies.

(9) (a) For private property without signage substantially meeting the requirements of Subsection (7) or (8), as determined by the department, the property owner may request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the private property 24 hours after the property owner or the property owner's agent affixes a written notice to the vehicle, vessel, or outboard motor in accordance with this Subsection (9).

(b) The written notice described in Subsection (9)(a) shall:

(i) indicate the exact time when the written notice is affixed to the vehicle, vessel, or outboard motor;

- 43 - HB0561S01 compared with HB0561S02 (ii) warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, or outboard motor will be towed from the property if it is not removed within 24 hours after the time indicated in Subsection (9)(b)(i);

(iii) be at least four inches tall and four inches wide;

and (iv) be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on the driver's side window of the vehicle, vessel, or outboard motor.

(c) A property owner may authorize a tow truck motor carrier to act as the property owner's agent for purposes of affixing the written notice described in Subsection (9)(a) to a vehicle, vessel, or outboard motor.

(10) The department shall publish on the [department Internet ] department's website the signage requirements and written notice requirements and illustrated or photographed examples of the signage and written notice requirements described in Subsections (7) through (9).

(11) It is an affirmative defense to any claim, based on the lack of notice, that arises from the towing of a vehicle, vessel, or outboard motor from private property that the property had signage meeting the requirements of:

(a) Subsection (4)(b)(ii);

and (b) Subsection (7) or (8).

(12) An individual described in Subsection 41-6a-1406(7)(f)(i) or a party described in Subsection 41-6a-1406(6)(a) with an interest in a vehicle, vessel, or outboard motor lawfully removed is only responsible for paying:

(a) the tow truck service and storage fees set in accordance with Subsection (16);

and (b) the administrative impound fee set in Section 41-6a-1406, if applicable.

(13) (a) As used in this Subsection (13), "life essential item" means:

(i) prescription medication;

(ii) medical equipment;

(iii) shoes;

(iv) coats;

(v) food and water;

(vi) child safety seats;

(vii) a cell phone;

- 44 - HB0561S01 compared with HB0561S02 (viii) tools specific to the registered owner's current employment;

[(vii)] (ix) government-issued photo identification;

and [(viii)] (x) human remains.

(b) The fees under Subsection (12) are a possessory lien on the vehicle, vessel, or outboard motor.

(c) Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard motor.

(d) Except for a vehicle, vessel, [or ]outboard motor, or an item being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) to take possession of any life essential item within the vehicle, vessel, or outboard motor after completion of a life essential item retrieval form during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid.

(e) Except for a vehicle, vessel, or outboard motor being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) to enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor.

(f) The tow truck operator or tow truck motor carrier shall securely store the vehicle, vessel, or outboard motor and items described in Subsection (13)(a) in an approved state impound yard until a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor:

(i) pays the fees described in Subsection (12);

and (ii) removes the vehicle, vessel, or outboard motor from the state impound yard.

(14) (a) A vehicle, vessel, or outboard motor shall be considered abandoned if a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) does not, within 30 days after notice has been sent under Subsection (1)(b):

(i) pay the fees described in Subsection (12);

and (ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.

- 45 - HB0561S01 compared with HB0561S02 (b) A person may not request a transfer of title to an abandoned vehicle, vessel, or outboard motor until at least 30 days after notice has been sent under Subsection (1)(b).

(15) (a) A tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all [its current ]fees, rates, and acceptable forms of payment for tow truck service and storage of a vehicle in accordance with rules established under Subsection (16).

(b) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a tow truck service under Subsection (1) or any service rendered, performed, or supplied in connection with a tow truck service under Subsection (1).

(16) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall:

(a) subject to the restriction in Subsection (17), set maximum rates that:

(i) a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that are transported in response to:

(A) a peace officer dispatch call;

(B) a motor vehicle division call;

and (C) any other call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal;

(ii) an impound yard may charge for the storage of a vehicle, vessel, or outboard motor stored as a result of one of the conditions listed under Subsection (16)(a)(i);

and (iii) an impound yard may charge for the after-hours release of a vehicle, vessel, or outboard motor stored as a result of one of the conditions described in Subsection (16)(a)(i);

(b) establish authorized towing certification requirements, not in conflict with federal law, related to incident safety, clean-up, and hazardous material handling;

(c) specify the form and content of the posting and disclosure of fees and rates charged and acceptable forms of payment by a tow truck motor carrier or impound yard;

(d) set a maximum rate for an administrative fee that a tow truck motor carrier may charge for reporting the information required under Subsection (1)(a)(i) and providing notice of the removal to each party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor as required in Subsection (1)(b);

- 46 - HB0561S01 compared with HB0561S02 (e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains specific information regarding:

(i) a vehicle owner's or operator's rights and responsibilities if the owner's vehicle is towed;

(ii) identifies the maximum rates that a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal;

and (iii) identifies the maximum rates that an impound yard may charge for the storage of vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal;

and (f) set a maximum rate for an after-hours fee allowed under Subsection (19)(b).

(17) An impound yard may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if:

(a) the vehicle, vessel, or outboard motor is being held as evidence;

and (b) the vehicle, vessel, or outboard motor is not being released to a party described in Subsection 41-6a-1406(6)(a) or an individual described in Subsection 41-6a-1406(7)(f)(i), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under Section 41-6a-1406.

(18) (a) (i) A tow truck motor carrier may charge a rate up to the maximum rate set by the department in rules made under Subsection (16).

(ii) In addition to the maximum rates established under Subsection (16) and when receiving payment by credit card or debit card, a tow truck operator, a tow truck motor carrier, or an impound yard may charge a card processing fee of 3% of the transaction total.

(b) A tow truck motor carrier may not be required to maintain insurance coverage at a higher level than required in rules made [pursuant to] in accordance with Subsection (16).

(19) When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or outboard motor as a result of a tow service that was performed without the consent of the owner, and that was not ordered by a peace officer or a person acting on behalf of a law enforcement agency, the tow truck motor carrier or impound yard shall make personnel available:

(a) by phone 24 hours a day, seven days a week;

and - 47 - HB0561S01 compared with HB0561S02 (b) to release the impounded vehicle, vessel, or outboard motor to the owner within one hour of when the owner calls the tow truck motor carrier or impound yard.

(20) A tow truck motor carrier or a tow truck operator may not:

(a) share contact or other personal information of an owner of a vehicle, vessel, or outboard motor or a party described in Subsection 41-6a-1406(6)(a) for which the tow truck motor carrier or tow truck operator has performed a tow service;

and (b) receive payment for referring a person for whom the tow truck motor carrier or tow truck operator has performed a tow service to another service, including:

(i) a lawyer referral service;

(ii) a medical provider;

(iii) a funding agency;

(iv) a marketer for any service described in Subsections (20)(b)(i) through (iii);

(v) a marketer for any other service;

or (vi) a third party vendor.

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