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] 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.

- 3 - HB0561S01 compared with HB0561S02 (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.

- 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.

(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 - 5 - HB0561S01 compared with HB0561S02 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.] (43) "Motorcycle" means 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.

- 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.

(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:

- 7 - HB0561S01 compared with HB0561S02 (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 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.

- 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.

(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." - 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.

(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.

- 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.

(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.

- 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.

(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 2.

Section 41-6a-102 is amended to read:

41-6a-102.

Definitions.

As used in this chapter:

(1) "Adult" means an individual 18 years old or older.

[(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.

[(2)] (3) "All-terrain type I vehicle" means the same as that term is defined in Section 41-22-2.

[(3)] (4) "All-terrain type II vehicle" means the same as that term is defined in Section 41-22-2.

[(4)] (5) "All-terrain type III vehicle" means the same as that term is defined in Section 41-22-2.

[(5)] (6) "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)] (7) "Autocycle" means the same as that term is defined in Section 53-3-102.

[(7)] (8) (a) "Bicycle" means a wheeled vehicle:

(i) propelled by human power by feet or hands acting upon pedals or cranks;

- 12 - HB0561S01 compared with HB0561S02 (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)] (9) (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)] (10) (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.

(11) "Child" means an individual younger than 18 years old.

[(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.

(b) "Circular intersection" includes:

(i) roundabouts;

(ii) rotaries;

and (iii) traffic circles.

[(11)] (13) "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)] (14) "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 - HB0561S01 compared with HB0561S02 [(13)] (15) "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)] (16) "Commissioner" means the commissioner of the Department of Public Safety.

[(15)] (17) "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)] (18) "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)] (19) "Department" means the Department of Public Safety.

[(18)] (20) "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)] (21) "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.

- 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.

[(21)] (23) (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) a motorcycle;

(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 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)] (24) (a) "Electric personal assistive mobility device" means a self-balancing device with:

(i) two nontandem wheels in contact with the ground;

- 15 - HB0561S01 compared with HB0561S02 (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)] (25) "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)] (26) "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)] (27) "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)] (28) "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)] (29) "Freeway" means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102.

[(28)] (30) (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;

- 16 - HB0561S01 compared with HB0561S02 (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)] (31) "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)] (32) "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

[(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:

- 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;

(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.

{(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)} "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)] (44){(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)} (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 - 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.

(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.

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

(i) has a seat or saddle that is less than 24 inches from the ground as measured on a level surface with properly inflated tires[.] ;

and (ii) (A) has an electric motor of more than 750 watts, or is capable of exceeding a speed of 20 miles per hour using the power of the electric motor alone;

or (B) has an internal combustion engine that has a displacement that exceeds 50 cubic centimeters.

(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)] (48){(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)] this subsection {(48)} , 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)] (49){(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)} (a) "Moped" means a motor-driven cycle having:

(i) pedals to permit propulsion by human power;

and (ii) a motor that:

(A) produces not more than two brake horsepower;

and (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground.

(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)] (51){(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:

(i) an electric assisted bicycle;

or (ii) a motor-driven cycle.

[(49)] (52){(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;

- 20 - HB0561S01 compared with HB0561S02 (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)] (53){(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, regardless of the mode of power generation;

or [(b)] (ii) an autocycle.

(b) "Motorcycle" includes a mini-motorcycle.

[(51)] (54){(53)} (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)] (55){(54)} "Off-highway implement of husbandry" means the same as that term is defined under Section 41-22-2.

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

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

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

[(56)] (59){(58)} "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)] (60){(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.

- 21 - HB0561S01 compared with HB0561S02 (61){(60)} "Parent" or "guardian" means an individual with a parent-child relationship under Section 81-5-102.

[(58)] (62){(61)} (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is occupied or not.

(i)2. the standing of a vehicle temporarily for the purpose of and while actually engaged in loading or unloading property or passengers;

orLine (ii)1183 athrough motor1190: 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)](i) (63){(62)}the "Peaceparent officer"or meansguardian awas peaceconvicted officer authorized under TitleSubsection 53,(3)(a); Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws.

[(60)]and (64){(63)}(ii) "Pedestrian"the meanschild commits a personnew traveling:violation after the conviction described in Subsection (3)(b)(i).

(4) (a) onA foot;law enforcement officer may impound a motorcycle if the operator commits a violation of this part.

(b) A law enforcement officer shall notify the parent or (b)guardian inof a wheelchair.child who violates this part.

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

[(62)] (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)] (67){(66)} "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)] (68){(67)} "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)] (69){(68)} "Programmable electric assisted bicycle" means an electric assisted bicycle with capability to switch or be programmed to function as a class 1 electric assisted bicycle, class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the electric assisted - 22 - HB0561S01 compared with HB0561S02 bicycle fully conforms with the respective requirements of each class of electric assisted bicycle when operated in that mode.

[(66)] (70){(69)} "Railroad" means a carrier of persons or property upon cars operated on stationary rails.

[(67)] (71){(70)} "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)] (72){(71)} "Railroad train" means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails.

[(69)] (73){(72)} "Restored-modified vehicle" means the same as the term defined in Section 41-1a-102.

[(70)] (74){(73)} "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)] (75){(74)} (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)] (76){(75)} "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)] (77){(76)} (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";

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.

- 23 - HB0561S01 compared with HB0561S02 [(74)] (78){(77)} "Self-balancing electric skateboard" means a device similar to a skateboard that:

(a) has a single wheel;

(b) is powered by an electric motor;

and (c) is designed for the operator to face perpendicular to the direction of travel while operating the device.

[(75)] (79){(78)} (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)] (80){(79)} "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)] (81){(80)} "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)] (82){(81)} (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)] (83){(82)} "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)] (84){(83)} "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)] (85){(84)} "Stop" when required means complete cessation from movement.

- 24 - HB0561S01 compared with HB0561S02 [(82)] (86){(85)} "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)] (87){(86)} "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)] (88){(87)} "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)] (89){(88)} "Tow truck operator" means the same as that term is defined in Section 72-9-102.

[(86)] (90){(89)} "Tow truck motor carrier" means the same as that term is defined in Section 72-9-102.

[(87)] (91){(90)} "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)] (92){(91)} "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)] (93){(92)} "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)] (94){(93)} "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)] (95){(94)} (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)] (96){(95)} "Truck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.

[(93)] (97){(96)} "Truck tractor" means a motor vehicle:

(a) designed and used primarily for drawing other vehicles;

and - 25 - HB0561S01 compared with HB0561S02 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor.

[(94)] (98){(97)} "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)] (99){(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)] (100){(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)] (101){(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.

Section 41-6a-210 is amended to read:

41-6a-210.

Failure to respond to officer's signal to stop -- Fleeing -- Causing property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle -- Penalties.

(1) (a) An operator who receives a visual or audible signal from a law enforcement officer to bring the vehicle to a stop may not:

(i) operate the vehicle in willful or wanton disregard of the signal so as to interfere with or endanger the operation of any vehicle or person;

or (ii) knowingly or intentionally attempt to flee or elude a law enforcement officer by vehicle or other means.

(b) (i) A person who violates Subsection (1)(a) is guilty of a [ felony of the third degree] a third degree felony.

(ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of not less than $1,000.

(c) A law enforcement officer may impound a vehicle of a person who violates Subsection (1)(a).

(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.

(b) The court shall, as part of any sentence under this Subsection (2), impose a fine of not less than $5,000.

(3) (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.

(b) If the individual has not been issued a driver license, the division shall deny the individual's application for a driver license or learner's permit for the longer of:

(i) one year after the conviction;

or (ii) one year after the individual is old enough to qualify for a driver license or learner's permit.

[(b)] (c) (i) The court shall forward the report of the conviction to the division.

(ii) If the person is the holder of a driver license from another jurisdiction, the division shall notify the appropriate officials in the licensing state.

Section 4.

Section 41-6a-1406 is amended to read:

41-6a-1406.

Removal and impoundment of vehicles -- Reporting and notification requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.

(1) If a vehicle, vessel, or outboard motor is impounded as provided under Section 41-1a-1101, 41-6a-210, 41-6a-527, 41-6a-1405, 41-6a-1408, 41-6a-1511, or 73-18-20.1 by an order of a peace officer or by an order of a person acting on behalf of a law enforcement agency or highway authority, the impoundment of the vehicle, vessel, or outboard motor shall be at the expense of the owner.

(2) The vehicle, vessel, or outboard motor under Subsection (1) shall be impounded to a state impound yard.

(3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be removed by a tow truck motor carrier that meets standards established: