Utah 2023 Regular Session

Utah House Bill HB0256 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 256
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: B. Hess 6
4	4	6 01-20-23 8:55 AM 6
5	5	H.B. 256
6	6	1 CARPOOL LANE USAGE MODI FICATIONS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Stephanie Gricius
10	10	5 Senate Sponsor: Michael S. Kennedy
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill amends provisions related to high occupancy vehicle lanes on a highway to
15	15	10consider a vehicle with a pregnant individual as containing two occupants for purposes
16	16	11of high occupancy vehicle lane purposes.
17	17	12Highlighted Provisions:
18	18	13 This bill:
19	19	14 <amends provisions related to high occupancy vehicle lanes on a highway to count a
20	20	15pregnant individual as two occupants for purposes of high occupancy vehicle lane
21	21	16purposes; and
22	22	17 <enacts an affirmative defense provision that allows a pregnant individual to provide
23	23	18evidence of pregnancy as cause for citation dismissal.
24	24	19Money Appropriated in this Bill:
25	25	20 None
26	26	21Other Special Clauses:
27	27	22 None
28	28	23Utah Code Sections Affected:
29	29	24AMENDS:
30	30	25 41-6a-702, as last amended by Laws of Utah 2020, Chapter 74
31	31	26
32	32	27Be it enacted by the Legislature of the state of Utah:
33	33	HB0256 H.B. 256 01-20-23 8:55 AM
34	34	- 2 -
35	35	28 Section 1. Section 41-6a-702 is amended to read:
36	36	29 41-6a-702. Left lane restrictions -- Exceptions -- Other lane restrictions --
37	37	30Penalties.
38	38	31 (1) As used in this section and Section 41-6a-704, "general purpose lane" means a
39	39	32highway lane open to vehicular traffic but does not include a designated:
40	40	33 (a) high occupancy vehicle (HOV) lane; or
41	41	34 (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway
42	42	35off-ramp.
43	43	36 (2) On a freeway or section of a freeway which has three or more general purpose lanes
44	44	37in the same direction, a person may not operate a vehicle in the left most general purpose lane
45	45	38if the person's vehicle or combination of vehicles has a gross vehicle weight rating of 18,001 or
46	46	39more pounds.
47	47	40 (3) Subsection (2) does not apply to a person operating a vehicle who is:
48	48	41 (a) preparing to turn left or taking a different highway split or an exit on the left;
49	49	42 (b) responding to emergency conditions;
50	50	43 (c) avoiding actual or potential traffic moving onto the highway from an acceleration or
51	51	44merging lane; or
52	52	45 (d) following direction signs that direct use of a designated lane.
53	53	46 (4) (a) A highway authority may designate a specific lane or lanes of travel for any type
54	54	47of vehicle on a highway or portion of a highway under its jurisdiction for the:
55	55	48 (i) safety of the public;
56	56	49 (ii) efficient maintenance of a highway; or
57	57	50 (iii) use of high occupancy vehicles.
58	58	51 (b) The lane designation under Subsection (4)(a) is effective when appropriate signs or
59	59	52roadway markings giving notice are erected on the highway or portion of the highway.
60	60	53 (c) For purposes of determining the occupancy of a vehicle for use of a high occupancy
61	61	54vehicle lane, when a pregnant individual is driving with no other individuals in the vehicle, the
62	62	55vehicle is considered to have at least two occupants.
63	63	56 (5) (a) Subject to Subsection (5)(b), the lane designation under Subsection (4)(a)(iii)
64	64	57shall allow a vehicle with a clean fuel vehicle decal issued in accordance with Section 72-6-121
65	65	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
66	66	- 3 -
67	67	59occupants as permitted by federal law or federal regulation.
68	68	60 (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
69	69	61the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle
70	70	62decal to travel in lanes designated for the use of high occupancy vehicles regardless of the
71	71	63number of occupants as permitted by federal law or federal regulation.
72	72	64 (ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may
73	73	65not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121.
74	74	66 (iii) The Department of Transportation may, through rules made under Subsection
75	75	67(5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section
76	76	6872-6-121 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will
77	77	69allow the Department of Transportation to continue to meet its goals for operational
78	78	70management of the lane designated under Subsection (4)(a)(iii).
79	79	71 (6) A public transportation vehicle may operate in a lane designated under Subsection
80	80	72(4)(a)(iii) regardless of the number of occupants as permitted by federal law and regulation.
81	81	73 (7) (a) [A] Subject to Subsection (7)(b), a person who operates a vehicle in violation of
82	82	74Subsection (2) or in violation of the restrictions made under Subsection (4) is guilty of an
83	83	75infraction.
84	84	76 (b) An individual who is pregnant at the time of citation for violation of high
85	85	77occupancy vehicle lane minimum occupancy, may establish an affirmative defense to dismiss
86	86	78the citation by providing medical documentation signed by the individual's physician in which
87	87	79the physician attests that the individual was pregnant on the date of the citation.