H.B. 256
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: B. Hess 6
6 01-20-23 8:55 AM 6
H.B. 256
1 CARPOOL LANE USAGE MODI FICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephanie Gricius
5 Senate Sponsor: Michael S. Kennedy
6
7LONG TITLE
8General Description:
9 This bill amends provisions related to high occupancy vehicle lanes on a highway to
10consider a vehicle with a pregnant individual as containing two occupants for purposes
11of high occupancy vehicle lane purposes.
12Highlighted Provisions:
13 This bill:
14 <amends provisions related to high occupancy vehicle lanes on a highway to count a
15pregnant individual as two occupants for purposes of high occupancy vehicle lane
16purposes; and
17 <enacts an affirmative defense provision that allows a pregnant individual to provide
18evidence of pregnancy as cause for citation dismissal.
19Money Appropriated in this Bill:
20 None
21Other Special Clauses:
22 None
23Utah Code Sections Affected:
24AMENDS:
25 41-6a-702, as last amended by Laws of Utah 2020, Chapter 74
26
27Be it enacted by the Legislature of the state of Utah:
*HB0256* H.B. 256 01-20-23 8:55 AM
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28 Section 1. Section 41-6a-702 is amended to read:
29 41-6a-702. Left lane restrictions -- Exceptions -- Other lane restrictions --
30Penalties.
31 (1) As used in this section and Section 41-6a-704, "general purpose lane" means a
32highway lane open to vehicular traffic but does not include a designated:
33 (a) high occupancy vehicle (HOV) lane; or
34 (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
35off-ramp.
36 (2) On a freeway or section of a freeway which has three or more general purpose lanes
37in the same direction, a person may not operate a vehicle in the left most general purpose lane
38if the person's vehicle or combination of vehicles has a gross vehicle weight rating of 18,001 or
39more pounds.
40 (3) Subsection (2) does not apply to a person operating a vehicle who is:
41 (a) preparing to turn left or taking a different highway split or an exit on the left;
42 (b) responding to emergency conditions;
43 (c) avoiding actual or potential traffic moving onto the highway from an acceleration or
44merging lane; or
45 (d) following direction signs that direct use of a designated lane.
46 (4) (a) A highway authority may designate a specific lane or lanes of travel for any type
47of vehicle on a highway or portion of a highway under its jurisdiction for the:
48 (i) safety of the public;
49 (ii) efficient maintenance of a highway; or
50 (iii) use of high occupancy vehicles.
51 (b) The lane designation under Subsection (4)(a) is effective when appropriate signs or
52roadway markings giving notice are erected on the highway or portion of the highway.
53 (c) For purposes of determining the occupancy of a vehicle for use of a high occupancy
54vehicle lane, when a pregnant individual is driving with no other individuals in the vehicle, the
55vehicle is considered to have at least two occupants.
56 (5) (a) Subject to Subsection (5)(b), the lane designation under Subsection (4)(a)(iii)
57shall allow a vehicle with a clean fuel vehicle decal issued in accordance with Section 72-6-121
58to travel in lanes designated for the use of high occupancy vehicles regardless of the number of 01-20-23 8:55 AM H.B. 256
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59occupants as permitted by federal law or federal regulation.
60 (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
61the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
62decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
63number of occupants as permitted by federal law or federal regulation.
64 (ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
65not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121.
66 (iii) The Department of Transportation may, through rules made under Subsection
67(5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
6872-6-121 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
69allow the Department of Transportation to continue to meet its goals for operational
70management of the lane designated under Subsection (4)(a)(iii).
71 (6) A public transportation vehicle may operate in a lane designated under Subsection
72(4)(a)(iii) regardless of the number of occupants as permitted by federal law and regulation.
73 (7) (a) [A] Subject to Subsection (7)(b), a person who operates a vehicle in violation of
74Subsection (2) or in violation of the restrictions made under Subsection (4) is guilty of an
75infraction.
76 (b) An individual who is pregnant at the time of citation for violation of high
77occupancy vehicle lane minimum occupancy, may establish an affirmative defense to dismiss
78the citation by providing medical documentation signed by the individual's physician in which
79the physician attests that the individual was pregnant on the date of the citation.