Enrolled Copy H.B. 190
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Motorcycle Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: Chris H. Wilson
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LONG TITLE
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General Description:
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This bill defines terms and prohibits certain maneuvers related to the operation of a
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motorcycle.
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Highlighted Provisions:
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This bill:
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▸ provides requirements for location and visibility of a license plate on a motorcycle;
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▸ defines terms related to a motorcycle;
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▸ prohibits lane splitting;
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▸ prohibits the performance of a wheelie by a motorcycle operator on a highway;
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▸ requires the Driver License Division to suspend an individual's motorcycle endorsement
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or driver license for certain violations; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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41-1a-1101, as last amended by Laws of Utah 2024, Chapter 319
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41-6a-102, as last amended by Laws of Utah 2024, Chapter 236
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53-3-220, as last amended by Laws of Utah 2024, Chapter 319
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ENACTS:
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41-1a-404.1, Utah Code Annotated 1953
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41-6a-606.1, Utah Code Annotated 1953 H.B. 190 Enrolled Copy
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41-6a-704.1, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 41-1a-404.1 is enacted to read:
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41-1a-404.1 . Location and position of plate on a motorcycle -- Visibility of plate
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-- Penalties.
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(1) The owner or operator of a motorcycle shall ensure that the license plate is attached to
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the rear of the vehicle as described in this section.
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(2) A license plate shall at all times be:
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(a) securely fastened:
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(i) to the vehicle for which it is issued;
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(ii) at a height of not less than 12 inches from the ground, measuring from the bottom
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of the plate; and
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(iii) in a place and position to be clearly visible; and
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(b) maintained:
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(i) free from foreign materials or a tinted or translucent license plate cover; and
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(ii) in a condition to be clearly legible.
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(3) A motorcycle license plate may not be attached in any manner that is not clearly visible.
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(4) The provisions of Subsections (2)(a)(iii) and (2)(b) do not apply to a license plate that is
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obscured exclusively by one or more of the following devices or by the cargo the
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motorcycle is carrying, if the device is installed according to manufacturer specifications
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or generally accepted installation practices:
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(a) a trailer hitch; or
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(b) a luggage rack or similar cargo carrying device.
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(5)(a) A person who violates this section is guilty of an infraction.
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(b) If an individual is convicted of a violation of this section, the Driver License
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Division shall:
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(i) suspend the individual's motorcycle endorsement for a period of 90 days; or
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(ii) if the individual does not have a valid motorcycle endorsement, suspend the
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individual's driver license for a period of 90 days.
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(c) If an individual with a motorcycle endorsement is convicted of a second violation of
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this section, the Driver License Division shall suspend the individual's motorcycle
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endorsement for a period of 180 days.
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(d) If an individual with a motorcycle endorsement is convicted of a third or subsequent
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violation of this section, the Driver License Division shall revoke the individual's
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motorcycle endorsement.
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(e) The court shall forward the report of a conviction under this section to the Driver
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License Division in accordance with Section 53-3-218.
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Section 2. Section 41-1a-1101 is amended to read:
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41-1a-1101 . Seizure -- Circumstances where permitted -- Impound lot standards.
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(1) As used in this section:
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(a)(i) "Criminal offense" means a class B misdemeanor offense, a class A
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misdemeanor offense, or a felony offense.
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(ii) "Criminal offense" includes:
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(A) a class B misdemeanor offense, a class A misdemeanor offense, or a felony
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offense described in Chapter 6a, Traffic Code, Title 53, Chapter 3, Part 2,
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Driver Licensing Act, Title 73, Chapter 18, State Boating Act, or Title 76, Utah
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Criminal Code; and
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(B) a local ordinance that is a class B misdemeanor and is substantially similar to
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an offense listed in Subsection (1)(a)(ii)(A).
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(b) "Operator" means the same as that term is defined in Section 41-6a-102.
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(c) "Road rage event" means the commission of a criminal offense:
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(i) by an operator of a vehicle;
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(ii) in response to an incident that occurs or escalates upon a roadway; and
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(iii) with the intent to endanger or intimidate an individual in another vehicle.
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(d) "Roadway" means:
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(i) a highway; or
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(ii) a private road or driveway as defined in Section 41-6a-102.
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(2) The division or any peace officer, without a warrant, may seize and take possession of
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any vehicle, vessel, or outboard motor:
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(a) that the division or the peace officer has probable cause to believe has been stolen;
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(b) on which any identification number has been defaced, altered, or obliterated;
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(c) that has been abandoned in accordance with Section 41-6a-1408;
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(d) for which the applicant has written a check for registration or title fees that has not
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been honored by the applicant's bank and that is not paid within 30 days;
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(e) that is placed on the water with improper registration;
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(f) that is being operated on a highway:
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(i) with registration that has been expired for more than three months;
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(ii) having never been properly registered by the current owner; or
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(iii) with registration that is suspended or revoked;[ or]
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(g)(i) that the division or the peace officer has probable cause to believe has been
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involved in an accident described in Section 41-6a-401, 41-6a-401.3, or
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41-6a-401.5; and
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(ii) whose operator did not remain at the scene of the accident until the operator
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fulfilled the requirements described in Section 41-6a-401 or 41-6a-401.7[.] ; or
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(h) if the division or peace officer has probable cause to believe that the operator:
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(i) failed to properly display the license plate on a motorcycle as described in Section
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41-1a-404.1; or
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(ii) used the motorcycle:
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(A) to perform a wheelie in violation of Section 41-6a-606.1; or
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(B) to engage in lane splitting in violation of Section 41-6a-704.1.
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(3)(a) The division or a peace officer shall seize and take possession of a vehicle,
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without a warrant, when:
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(i) the division or the peace officer has probable cause to believe that an operator of
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the vehicle engaged in a road rage event; and
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(ii) the operator of the vehicle has been arrested in conjunction with the road rage
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event.
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(b) A peace officer may release a vehicle seized and possessed under Subsection (3)(a)
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to the registered owner of the vehicle if the registered owner is not the individual
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subject to arrest under Subsection (3)(a) and is immediately available, at the location
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of the arrest, to take possession of the vehicle.
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(4)(a) Subject to the restriction in Subsection (4)(b), the division or any peace officer,
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without a warrant:
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(i) shall seize and take possession of any vehicle that is being operated on a highway
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without owner's or operator's security in effect for the vehicle as required under
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Section 41-12a-301 and the vehicle was involved in an accident; or
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(ii) may seize and take possession of any vehicle that is being operated on a highway
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without owner's or operator's security in effect for the vehicle as required under
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Section 41-12a-301 after the division or any peace officer makes a reasonable
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determination whether the vehicle would:
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(A) present a public safety concern to the operator or any of the occupants in the
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vehicle; or
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(B) prevent the division or the peace officer from addressing other public safety
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considerations.
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(b) The division or any peace officer may not seize and take possession of a vehicle
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under Subsection (4)(a):
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(i) if the operator of the vehicle is not carrying evidence of owner's or operator's
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security as defined in Section 41-12a-303.2 in the vehicle unless the division or
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peace officer verifies that owner's or operator's security is not in effect for the
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vehicle through the Uninsured Motorist Identification Database created in
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accordance with Section 41-12a-803; or
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(ii) if the operator of the vehicle is carrying evidence of owner's or operator's security
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as defined in Section 41-12a-303.2 in the vehicle and the Uninsured Motorist
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Identification Database created in accordance with Section 41-12a-803 indicates
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that the owner's or operator's security is not in effect for the vehicle, unless the
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division or a peace officer makes a reasonable attempt to independently verify that
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owner's or operator's security is not in effect for the vehicle.
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(5) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to
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transport and store the vessel.
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(6) Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
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under this section shall comply with the provisions of Section 41-6a-1406.
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(7)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the commission shall make rules setting standards for public garages, impound lots,
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and impound yards that may be used by peace officers and the division.
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(b) The standards shall be equitable, reasonable, and unrestrictive as to the number of
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public garages, impound lots, or impound yards per geographical area.
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(c) A crusher, dismantler, or salvage dealer may not operate as a state impound yard
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unless the crusher, dismantler, or salvage dealer meets all of the requirements for a
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state impound yard set forth in this section and rules made in accordance with
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Subsection (7)(a).
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(d)(i) Rules made by the commission shall include a requirement that a state impound
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yard have opaque fencing on any side of the state impound yard that has frontage
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with a highway.
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(ii) The opaque fencing described in Subsection (7)(d)(i) may be opaque chain link
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fencing.
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(8)(a) Except as provided under Subsection (8)(b), a person may not operate or allow to
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be operated a vehicle stored in a public garage, impound lot, or impound yard
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regulated under this part without prior written permission of the owner of the vehicle.
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(b) Incidental and necessary operation of a vehicle to move the vehicle from one parking
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space to another within the facility and that is necessary for the normal management
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of the facility is not prohibited under Subsection (8)(a).
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(9) A person who violates the provisions of Subsection (8) is guilty of a class C
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misdemeanor.
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(10) The division or the peace officer who seizes a vehicle shall record the mileage shown
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on the vehicle's odometer at the time of seizure, if:
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(a) the vehicle is equipped with an odometer; and
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(b) the odometer reading is accessible to the division or the peace officer.
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Section 3. Section 41-6a-102 is amended to read:
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41-6a-102 . Definitions.
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As used in this chapter:
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(1) "Alley" means a street or highway intended to provide access to the rear or side of lots
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or buildings in urban districts and not intended for through vehicular traffic.
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(2) "All-terrain type I vehicle" means the same as that term is defined in Section 41-22-2.
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(3) "All-terrain type II vehicle" means the same as that term is defined in Section 41-22-2.
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(4) "All-terrain type III vehicle" means the same as that term is defined in Section 41-22-2.
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(5) "Authorized emergency vehicle" includes:
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(a) a fire department vehicle;
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(b) a police vehicle;
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(c) an ambulance; and
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(d) other publicly or privately owned vehicles as designated by the commissioner of the
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Department of Public Safety.
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(6) "Autocycle" means the same as that term is defined in Section 53-3-102.
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(7)(a) "Bicycle" means a wheeled vehicle:
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(i) propelled by human power by feet or hands acting upon pedals or cranks;
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(ii) with a seat or saddle designed for the use of the operator;
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(iii) designed to be operated on the ground; and
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(iv) whose wheels are not less than 14 inches in diameter.
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(b) "Bicycle" includes an electric assisted bicycle.
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(c) "Bicycle" does not include scooters and similar devices.
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(8)(a) "Bus" means a motor vehicle:
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(i) designed for carrying more than 15 passengers and used for the transportation of
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persons; or
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(ii) designed and used for the transportation of persons for compensation.
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(b) "Bus" does not include a taxicab.
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(9)(a) "Circular intersection" means an intersection that has an island, generally circular
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in design, located in the center of the intersection where traffic passes to the right of
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the island.
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(b) "Circular intersection" includes:
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(i) roundabouts;
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(ii) rotaries; and
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(iii) traffic circles.
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(10) "Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a
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motor or electronics that:
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(a) provides assistance only when the rider is pedaling; and
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(b) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
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(11) "Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a
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motor or electronics that:
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(a) may be used exclusively to propel the bicycle; and
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(b) is not capable of providing assistance when the bicycle reaches the speed of 20 miles
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per hour.
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(12) "Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a
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motor or electronics that:
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(a) provides assistance only when the rider is pedaling;
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(b) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;
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and
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(c) is equipped with a speedometer.
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(13) "Commissioner" means the commissioner of the Department of Public Safety.
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(14) "Controlled-access highway" means a highway, street, or roadway:
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(a) designed primarily for through traffic; and
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(b) to or from which owners or occupants of abutting lands and other persons have no
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legal right of access, except at points as determined by the highway authority having
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jurisdiction over the highway, street, or roadway.
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(15) "Crosswalk" means:
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(a) that part of a roadway at an intersection included within the connections of the lateral
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lines of the sidewalks on opposite sides of the highway measured from:
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(i)(A) the curbs; or
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(B) in the absence of curbs, from the edges of the traversable roadway; and
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(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
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included within the extension of the lateral lines of the existing sidewalk at right
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angles to the centerline; or
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(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
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pedestrian crossing by lines or other markings on the surface.
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(16) "Department" means the Department of Public Safety.
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(17) "Direct supervision" means oversight at a distance within which:
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(a) visual contact is maintained; and
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(b) advice and assistance can be given and received.
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(18) "Divided highway" means a highway divided into two or more roadways by:
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(a) an unpaved intervening space;
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(b) a physical barrier; or
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(c) a clearly indicated dividing section constructed to impede vehicular traffic.
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(19) "Echelon formation" means the operation of two or more snowplows arranged
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side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to
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clear snow from two or more lanes at once.
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(20)(a) "Electric assisted bicycle" means a bicycle with an electric motor that:
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(i) has a power output of not more than 750 watts;
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(ii) has fully operable pedals;
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(iii) has permanently affixed cranks that were installed at the time of the original
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manufacture;
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(iv) is fully operable as a bicycle without the use of the electric motor; and
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(v) is one of the following:
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(A) a class 1 electric assisted bicycle;
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(B) a class 2 electric assisted bicycle;
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(C) a class 3 electric assisted bicycle; or
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(D) a programmable electric assisted bicycle.
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(b) "Electric assisted bicycle" does not include:
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(i) a moped;
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(ii) a motor assisted scooter;
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(iii) a motorcycle;
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(iv) a motor-driven cycle; or
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(v) any other vehicle with less than four wheels that is designed, manufactured,
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intended, or advertised by the seller to have any of the following capabilities or
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features, or that is modifiable or is modified to have any of the following
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capabilities or features:
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(A) has the ability to attain the speed of 20 miles per hour or greater on motor
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power alone;
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(B) is equipped with a continuous rated motor power of 750 watts or greater;
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(C) is equipped with foot pegs for the operator at the time of manufacture, or
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requires installation of a pedal kit to have operable pedals; or
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(D) if equipped with multiple operating modes and a throttle, has one or more
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modes that exceed 20 miles per hour on motor power alone.
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(21)(a) "Electric personal assistive mobility device" means a self-balancing device with:
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(i) two nontandem wheels in contact with the ground;
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(ii) a system capable of steering and stopping the unit under typical operating
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conditions;
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(iii) an electric propulsion system with average power of one horsepower or 750
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watts;
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(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
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(v) a deck design for a person to stand while operating the device.
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(b) "Electric personal assistive mobility device" does not include a wheelchair.
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(22) "Explosives" means a chemical compound or mechanical mixture commonly used or
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intended for the purpose of producing an explosion and that contains any oxidizing and
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combustive units or other ingredients in proportions, quantities, or packing so that an
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ignition by fire, friction, concussion, percussion, or detonator of any part of the
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compound or mixture may cause a sudden generation of highly heated gases, and the
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resultant gaseous pressures are capable of producing destructive effects on contiguous
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objects or of causing death or serious bodily injury.
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(23) "Farm tractor" means a motor vehicle designed and used primarily as a farm
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implement, for drawing plows, mowing machines, and other implements of husbandry.
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(24) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less, as
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determined by a Tagliabue or equivalent closed-cup test device.
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(25) "Freeway" means a controlled-access highway that is part of the interstate system as
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defined in Section 72-1-102.
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(26)(a) "Golf cart" means a device that:
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(i) is designed for transportation by players on a golf course;
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(ii) has not less than three wheels in contact with the ground;
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(iii) has an unladen weight of less than 1,800 pounds;
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(iv) is designed to operate at low speeds; and
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(v) is designed to carry not more than six persons including the driver.
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(b) "Golf cart" does not include:
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(i) a low-speed vehicle or an off-highway vehicle;
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(ii) a motorized wheelchair;
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(iii) an electric personal assistive mobility device;
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(iv) an electric assisted bicycle;
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(v) a motor assisted scooter;
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(vi) a personal delivery device, as defined in Section 41-6a-1119; or
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(vii) a mobile carrier, as defined in Section 41-6a-1120.
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(27) "Gore area" means the area delineated by two solid white lines that is between a
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continuing lane of a through roadway and a lane used to enter or exit the continuing lane
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including similar areas between merging or splitting highways.
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(28) "Gross weight" means the weight of a vehicle without a load plus the weight of any
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load on the vehicle.
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(29) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
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(a) manufactured to meet Federal Motor Vehicle Safety Standards; and
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(b) equipped with retractable flanged wheels that allow the vehicle to travel on a
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highway or railroad tracks.
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(30) "Highway" means the entire width between property lines of every way or place of any
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nature when any part of it is open to the use of the public as a matter of right for
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vehicular travel.
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(31) "Highway authority" means the same as that term is defined in Section 72-1-102.
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(32)(a) "Intersection" means the area embraced within the prolongation or connection of
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the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of
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two or more highways that join one another.
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(b) Where a highway includes two roadways 30 feet or more apart:
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(i) every crossing of each roadway of the divided highway by an intersecting
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highway is a separate intersection; and
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(ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
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every crossing of two roadways of the highways is a separate intersection.
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(c) "Intersection" does not include the junction of an alley with a street or highway.
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(33) "Island" means an area between traffic lanes or at an intersection for control of vehicle
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movements or for pedestrian refuge designated by:
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(a) pavement markings, which may include an area designated by two solid yellow lines
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surrounding the perimeter of the area;
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(b) channelizing devices;
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(c) curbs;
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(d) pavement edges; or
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(e) other devices.
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(34)(a) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
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act of overtaking and passing another vehicle that is stopped in the same direction of
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travel in the same lane.
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(b) "Lane filtering" does not include lane splitting.
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(35)(a) "Lane splitting" means, when operating a motorcycle other than an autocycle, the
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act of riding a motorcycle between clearly marked lanes for traffic traveling in the
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same direction of travel while traffic is in motion.
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(b) "Lane splitting" does not include lane filtering.
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[(35)] (36) "Law enforcement agency" means the same as that term is as defined in Section
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53-1-102.
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[(36)] (37) "Limited access highway" means a highway:
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(a) that is designated specifically for through traffic; and
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(b) over, from, or to which neither owners nor occupants of abutting lands nor other
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persons have any right or easement, or have only a limited right or easement of
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access, light, air, or view.
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[(37)] (38) "Local highway authority" means the legislative, executive, or governing body of
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a county, municipal, or other local board or body having authority to enact laws relating
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to traffic under the constitution and laws of the state.
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[(38)] (39)(a) "Low-speed vehicle" means a four wheeled motor vehicle that:
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(i) is designed to be operated at speeds of not more than 25 miles per hour; and
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(ii) has a capacity of not more than six passengers, including a conventional driver or
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fallback-ready user if on board the vehicle, as those terms are defined in Section
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41-26-102.1.
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(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
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[(39)] (40) "Metal tire" means a tire, the surface of which in contact with the highway is
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wholly or partly of metal or other hard nonresilient material.
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[(40)] (41)(a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a
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seat or saddle that is less than 24 inches from the ground as measured on a level
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surface with properly inflated tires.
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(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
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(c) "Mini-motorcycle" does not include a motorcycle that is:
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(i) designed for off-highway use; and
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(ii) registered as an off-highway vehicle under Section 41-22-3.
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[(41)] (42) "Mobile home" means:
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(a) a trailer or semitrailer that is:
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(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
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place either permanently or temporarily; and
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(ii) equipped for use as a conveyance on streets and highways; or
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(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed
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for use as a mobile home, as defined in Subsection [(41)(a)] (42)(a), but that is instead
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used permanently or temporarily for:
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(i) the advertising, sale, display, or promotion of merchandise or services; or
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(ii) any other commercial purpose except the transportation of property for hire or the
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transportation of property for distribution by a private carrier.
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[(42)] (43) "Mobility disability" means the inability of a person to use one or more of the
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person's extremities or difficulty with motor skills, that may include limitations with
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walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other
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condition.
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[(43)] (44)(a) "Moped" means a motor-driven cycle having:
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(i) pedals to permit propulsion by human power; and
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(ii) a motor that:
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(A) produces not more than two brake horsepower; and
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(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour
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on level ground.
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(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
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centimeters and the moped shall have a power drive system that functions directly or
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automatically without clutching or shifting by the operator after the drive system is
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engaged.
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(c) "Moped" does not include:
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(i) an electric assisted bicycle; or
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(ii) a motor assisted scooter.
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[(44)] (45)(a) "Motor assisted scooter" means a self-propelled device with:
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(i) at least two wheels in contact with the ground;
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(ii) a braking system capable of stopping the unit under typical operating conditions;
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(iii) an electric motor not exceeding 2,000 watts;
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(iv) either:
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(A) handlebars and a deck design for a person to stand while operating the device;
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or
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(B) handlebars and a seat designed for a person to sit, straddle, or stand while
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operating the device;
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(v) a design for the ability to be propelled by human power alone; and
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(vi) a maximum speed of 20 miles per hour on a paved level surface.
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(b) "Motor assisted scooter" does not include:
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(i) an electric assisted bicycle; or
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(ii) a motor-driven cycle.
419
[(45)] (46)(a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
420
propelled by electric power obtained from overhead trolley wires, but not operated
421
upon rails.
422
(b) "Motor vehicle" does not include:
423
(i) vehicles moved solely by human power;
424
(ii) motorized wheelchairs;
425
(iii) an electric personal assistive mobility device;
426
(iv) an electric assisted bicycle;
427
(v) a motor assisted scooter;
428
(vi) a personal delivery device, as defined in Section 41-6a-1119; or
429
(vii) a mobile carrier, as defined in Section 41-6a-1120.
430
[(46)] (47) "Motorcycle" means:
431
(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
432
and designed to travel with not more than three wheels in contact with the ground; or
433
(b) an autocycle.
434
[(47)] (48)(a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
435
having:
- 13 - H.B. 190 Enrolled Copy
436
(i) an engine with less than 150 cubic centimeters displacement; or
437
(ii) a motor that produces not more than five horsepower.
438
(b) "Motor-driven cycle" does not include:
439
(i) an electric personal assistive mobility device;
440
(ii) a motor assisted scooter; or
441
(iii) an electric assisted bicycle.
442
[(48)] (49) "Off-highway implement of husbandry" means the same as that term is defined
443
under Section 41-22-2.
444
[(49)] (50) "Off-highway vehicle" means the same as that term is defined under Section
445
41-22-2.
446
[(50)] (51) "Operate" means the same as that term is defined in Section 41-1a-102.
447
[(51)] (52) "Operator" means:
448
(a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
449
(b) an automated driving system, as defined in Section 41-26-102.1, that operates a
450
vehicle.
451
[(52)] (53) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
452
other device operated, alone or coupled with another device, on stationary rails.
453
[(53)] (54)(a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
454
occupied or not.
455
(b) "Park" or "parking" does not include:
456
(i) the standing of a vehicle temporarily for the purpose of and while actually
457
engaged in loading or unloading property or passengers; or
458
(ii) a motor vehicle with an engaged automated driving system that has achieved a
459
minimal risk condition, as those terms are defined in Section 41-26-102.1.
460
[(54)] (55) "Peace officer" means a peace officer authorized under Title 53, Chapter 13,
461
Peace Officer Classifications, to direct or regulate traffic or to make arrests for
462
violations of traffic laws.
463
[(55)] (56) "Pedestrian" means a person traveling:
464
(a) on foot; or
465
(b) in a wheelchair.
466
[(56)] (57) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
467
pedestrians.
468
[(57)] (58) "Person" means a natural person, firm, copartnership, association, corporation,
469
business trust, estate, trust, partnership, limited liability company, association, joint
- 14 - Enrolled Copy H.B. 190
470
venture, governmental agency, public corporation, or any other legal or commercial
471
entity.
472
[(58)] (59) "Pole trailer" means a vehicle without motive power:
473
(a) designed to be drawn by another vehicle and attached to the towing vehicle by means
474
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle;
475
and
476
(b) that is ordinarily used for transporting long or irregular shaped loads including poles,
477
pipes, or structural members generally capable of sustaining themselves as beams
478
between the supporting connections.
479
[(59)] (60) "Private road or driveway" means every way or place in private ownership and
480
used for vehicular travel by the owner and those having express or implied permission
481
from the owner, but not by other persons.
482
[(60)] (61) "Programmable electric assisted bicycle" means an electric assisted bicycle with
483
capability to switch or be programmed to function as a class 1 electric assisted bicycle,
484
class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the
485
electric assisted bicycle fully conforms with the respective requirements of each class of
486
electric assisted bicycle when operated in that mode.
487
[(61)] (62) "Railroad" means a carrier of persons or property upon cars operated on
488
stationary rails.
489
[(62)] (63) "Railroad sign or signal" means a sign, signal, or device erected by authority of a
490
public body or official or by a railroad and intended to give notice of the presence of
491
railroad tracks or the approach of a railroad train.
492
[(63)] (64) "Railroad train" means a locomotive propelled by any form of energy, coupled
493
with or operated without cars, and operated upon rails.
494
[(64)] (65) "Restored-modified vehicle" means the same as the term defined in Section
495
41-1a-102.
496
[(65)] (66) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
497
lawful manner in preference to another vehicle or pedestrian approaching under
498
circumstances of direction, speed, and proximity that give rise to danger of collision
499
unless one grants precedence to the other.
500
[(66)] (67)(a) "Roadway" means that portion of highway improved, designed, or
501
ordinarily used for vehicular travel.
502
(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
503
them are used by persons riding bicycles or other human-powered vehicles.
- 15 - H.B. 190 Enrolled Copy
504
(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if a
505
highway includes two or more separate roadways.
506
[(67)] (68) "Safety zone" means the area or space officially set apart within a roadway for
507
the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
508
signs as to be plainly visible at all times while set apart as a safety zone.
509
[(68)] (69)(a) "School bus" means a motor vehicle that:
510
(i) complies with the color and identification requirements of the most recent edition
511
of "Minimum Standards for School Buses"; and
512
(ii) is used to transport school children to or from school or school activities.
513
(b) "School bus" does not include a vehicle operated by a common carrier in
514
transportation of school children to or from school or school activities.
515
[(69)] (70)(a) "Semitrailer" means a vehicle with or without motive power:
516
(i) designed for carrying persons or property and for being drawn by a motor vehicle;
517
and
518
(ii) constructed so that some part of its weight and that of its load rests on or is
519
carried by another vehicle.
520
(b) "Semitrailer" does not include a pole trailer.
521
[(70)] (71) "Shoulder area" means:
522
(a) that area of the hard-surfaced highway separated from the roadway by a pavement
523
edge line as established in the current approved "Manual on Uniform Traffic Control
524
Devices"; or
525
(b) that portion of the road contiguous to the roadway for accommodation of stopped
526
vehicles, for emergency use, and for lateral support.
527
[(71)] (72) "Sidewalk" means that portion of a street between the curb lines, or the lateral
528
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
529
[(72)] (73)(a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
530
that is designated for the use of a bicycle.
531
(b) "Soft-surface trail" does not mean a trail:
532
(i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
533
federal law, regulation, or rule; or
534
(ii) located in whole or in part on land granted to the state or a political subdivision
535
subject to a conservation easement that prohibits the use of a motorized vehicle.
536
[(73)] (74) "Solid rubber tire" means a tire of rubber or other resilient material that does not
537
depend on compressed air for the support of the load.
- 16 - Enrolled Copy H.B. 190
538
[(74)] (75) "Stand" or "standing" means the temporary halting of a vehicle, whether
539
occupied or not, for the purpose of and while actually engaged in receiving or
540
discharging passengers.
541
[(75)] (76) "Stop" when required means complete cessation from movement.
542
[(76)] (77) "Stop" or "stopping" when prohibited means any halting even momentarily of a
543
vehicle, whether occupied or not, except when:
544
(a) necessary to avoid conflict with other traffic; or
545
(b) in compliance with the directions of a peace officer or traffic-control device.
546
[(77)] (78) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I
547
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
548
the requirements of Section 41-6a-1509 to operate on highways in the state in
549
accordance with Section 41-6a-1509.
550
[(78)] (79) "Street-legal novel vehicle" means a vehicle registered as a novel vehicle under
551
Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to
552
operate on highways in the state in accordance with [with ]Section 41-6a-1509.
553
[(79)] (80) "Tow truck operator" means the same as that term is defined in Section 72-9-102.
554
[(80)] (81) "Tow truck motor carrier" means the same as that term is defined in Section
555
72-9-102.
556
[(81)] (82) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
557
conveyances either singly or together while using any highway for the purpose of travel.
558
[(82)] (83) "Traffic signal preemption device" means an instrument or mechanism designed,
559
intended, or used to interfere with the operation or cycle of a traffic-control signal.
560
[(83)] (84) "Traffic-control device" means a sign, signal, marking, or device not inconsistent
561
with this chapter placed or erected by a highway authority for the purpose of regulating,
562
warning, or guiding traffic.
563
[(84)] (85) "Traffic-control signal" means a device, whether manually, electrically, or
564
mechanically operated, by which traffic is alternately directed to stop and permitted to
565
proceed.
566
[(85)] (86)(a) "Trailer" means a vehicle with or without motive power designed for
567
carrying persons or property and for being drawn by a motor vehicle and constructed
568
so that no part of its weight rests upon the towing vehicle.
569
(b) "Trailer" does not include a pole trailer.
570
[(86)] (87) "Truck" means a motor vehicle designed, used, or maintained primarily for the
571
transportation of property.
- 17 - H.B. 190 Enrolled Copy
572
[(87)] (88) "Truck tractor" means a motor vehicle:
573
(a) designed and used primarily for drawing other vehicles; and
574
(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
575
tractor.
576
[(88)] (89) "Two-way left turn lane" means a lane:
577
(a) provided for vehicle operators making left turns in either direction;
578
(b) that is not used for passing, overtaking, or through travel; and
579
(c) that has been indicated by a lane traffic-control device that may include lane
580
markings.
581
[(89)] (90) "Urban district" means the territory contiguous to and including any street, in
582
which structures devoted to business, industry, or dwelling houses are situated at
583
intervals of less than 100 feet, for a distance of a quarter of a mile or more.
584
[(90)] (91) "Vehicle" means a device in, on, or by which a person or property is or may be
585
transported or drawn on a highway, except a mobile carrier, as defined in Section
586
41-6a-1120, or a device used exclusively on stationary rails or tracks.
587
(92) "Wheelie" means a maneuver performed while operating a motorcycle whereby the
588
front wheel of the motorcycle is raised off of the ground.
589
Section 4. Section 41-6a-606.1 is enacted to read:
590
41-6a-606.1 . Prohibition on performing wheelie -- Penalty.
591
(1) An individual operating a motorcycle on a highway may not perform a wheelie.
592
(2)(a) A person who violates Subsection (1) is guilty of an infraction.
593
(b) If an individual is convicted of a violation of Subsection (1), the Driver License
594
Division shall:
595
(i) suspend the individual's motorcycle endorsement for a period of 90 days; or
596
(ii) if the individual does not have a valid motorcycle endorsement, suspend the
597
individual's driver license for a period of 90 days.
598
(c) If an individual with a motorcycle endorsement is convicted of a second violation of
599
Subsection (1), the Driver License Division shall suspend the individual's motorcycle
600
endorsement for a period of 180 days.
601
(d) If an individual with a motorcycle endorsement is convicted of a third or subsequent
602
violation of Subsection (1), the Driver License Division shall revoke the individual's
603
motorcycle endorsement.
604
(3) The court shall forward the report of a conviction for a violation of Subsection (1) to the
605
Driver License Division in accordance with Section 53-3-218.
- 18 - Enrolled Copy H.B. 190
606
(4) A law enforcement officer may impound a vehicle of a person who violates Subsection
607
(1).
608
Section 5. Section 41-6a-704.1 is enacted to read:
609
41-6a-704.1 . Prohibition on lane splitting -- Penalty.
610
(1) An individual may not engage in lane splitting.
611
(2) A violation of Subsection (1) is an infraction.
612
(3) If an individual is convicted of a violation of Subsection (1), the Driver License
613
Division shall:
614
(a) suspend the individual's motorcycle endorsement for a period of 90 days; or
615
(b) if the individual does not have a valid motorcycle endorsement, suspend the
616
individual's driver license for a period of 90 days.
617
(4) If an individual with a motorcycle endorsement is convicted of a second violation of
618
Subsection (1), the Driver License Division shall suspend the individual's motorcycle
619
endorsement for a period of 180 days.
620
(5) If an individual with a motorcycle endorsement is convicted of a third or subsequent
621
violation of Subsection (1), the Driver License Division shall revoke the individual's
622
motorcycle endorsement.
623
(6) The court shall forward the report of a conviction for a violation of Subsection (1) to the
624
Driver License Division in accordance with Section 53-3-218.
625
(7) A law enforcement officer may impound a vehicle of a person who violates Subsection
626
(1).
627
Section 6. Section 53-3-220 is amended to read:
628
53-3-220 . Offenses requiring mandatory revocation, denial, suspension, or
629
disqualification of license -- Offense requiring an extension of period -- Hearing --
630
Limited driving privileges.
631
(1)(a) The division shall immediately revoke or, when this chapter, Title 41, Chapter 1a,
632
Motor Vehicle Act, Title 41, Chapter 6a, Traffic Code, or Section 76-5-303,
633
specifically provides for denial, suspension, or disqualification, the division shall
634
deny, suspend, or disqualify the license or endorsement of a person upon receiving a
635
record of the person's conviction for:
636
(i) manslaughter or negligent homicide resulting from driving a motor vehicle,
637
automobile homicide under Section 76-5-207, or automobile homicide involving
638
using a handheld wireless communication device while driving under Section
639
76-5-207.5;
- 19 - H.B. 190 Enrolled Copy
640
(ii) driving or being in actual physical control of a motor vehicle while under the
641
influence of alcohol, any drug, or combination of them to a degree that renders the
642
person incapable of safely driving a motor vehicle as prohibited in Section
643
41-6a-502 or as prohibited in an ordinance that complies with the requirements of
644
Subsection 41-6a-510(1);
645
(iii) driving or being in actual physical control of a motor vehicle while having a
646
blood or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited
647
in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
648
(iv) perjury or the making of a false affidavit to the division under this chapter, Title
649
41, Motor Vehicles, or any other law of this state requiring the registration of
650
motor vehicles or regulating driving on highways;
651
(v) any felony under the motor vehicle laws of this state;
652
(vi) any other felony in which a motor vehicle is used to facilitate the offense;
653
(vii) failure to stop and render aid as required under the laws of this state if a motor
654
vehicle accident results in the death or personal injury of another;
655
(viii) two charges of reckless driving, impaired driving, or any combination of
656
reckless driving and impaired driving committed within a period of 12 months;
657
but if upon a first conviction of reckless driving or impaired driving the judge or
658
justice recommends suspension of the convicted person's license, the division may
659
after a hearing suspend the license for a period of three months;
660
(ix) failure to bring a motor vehicle to a stop at the command of a law enforcement
661
officer as required in Section 41-6a-210;
662
(x) any offense specified in Part 4, Uniform Commercial Driver License Act, that
663
requires disqualification;
664
(xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
665
allowing the discharge of a firearm from a vehicle;
666
(xii) using, allowing the use of, or causing to be used any explosive, chemical, or
667
incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
668
(xiii) operating or being in actual physical control of a motor vehicle while having
669
any measurable controlled substance or metabolite of a controlled substance in the
670
person's body in violation of Section 41-6a-517;
671
(xiv) operating or being in actual physical control of a motor vehicle while having
672
any measurable or detectable amount of alcohol in the person's body in violation
673
of Section 41-6a-530;
- 20 - Enrolled Copy H.B. 190
674
(xv) engaging in a motor vehicle speed contest or exhibition of speed on a highway in
675
violation of Section 41-6a-606;
676
(xvi) operating or being in actual physical control of a motor vehicle in this state
677
without an ignition interlock system in violation of Section 41-6a-518.2;
678
(xvii) refusal of a chemical test under Subsection 41-6a-520.1(1); [or]
679
(xviii) failure to properly display a license plate on a motorcycle under Section
680
41-1a-404.1;
681
(xix) performing a wheelie on a highway under Section 41-6a-606.1;
682
(xx) engaging in lane splitting under Section 41-6a-704.1; or
683
[(xviii)] (xxi) two or more offenses that:
684
(A) are committed within a period of one year;
685
(B) are enhanced under Section 76-3-203.17; and
686
(C) arose from separate incidents.
687
(b) The division shall immediately revoke the license of a person upon receiving a
688
record of an adjudication under Section 80-6-701 for:
689
(i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or
690
allowing the discharge of a firearm from a vehicle; or
691
(ii) using, allowing the use of, or causing to be used any explosive, chemical, or
692
incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
693
(c)(i) Except when action is taken under Section 53-3-219 for the same offense, upon
694
receiving a record of conviction, the division shall immediately suspend for six
695
months the license of the convicted person if the person was convicted of
696
violating any one of the following offenses while the person was an operator of a
697
motor vehicle, and the court finds that a driver license suspension is likely to
698
reduce recidivism and is in the interest of public safety:
699
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
700
(B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
701
(C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
702
(D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
703
(E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
704
(F) any criminal offense that prohibits possession, distribution, manufacture,
705
cultivation, sale, or transfer of any substance that is prohibited under the acts
706
described in Subsections (1)(c)(i)(A) through (E), or the attempt or conspiracy
707
to possess, distribute, manufacture, cultivate, sell, or transfer any substance that
- 21 - H.B. 190 Enrolled Copy
708
is prohibited under the acts described in Subsections (1)(c)(i)(A) through (E).
709
(ii) Notwithstanding the provisions in Subsection (1)(c)(i), the division shall reinstate
710
a person's driving privilege before completion of the suspension period imposed
711
under Subsection (1)(c)(i) if the reporting court notifies the Driver License
712
Division, in a manner specified by the division, that the defendant is participating
713
in or has successfully completed a drug court program as defined in Section
714
78A-5-201.
715
(iii) If a person's driving privilege is reinstated under Subsection (1)(c)(ii), the person
716
is required to pay the license reinstatement fees under Subsection 53-3-105(26).
717
(iv) The court shall notify the division, in a manner specified by the division, if a
718
person fails to complete all requirements of the drug court program.
719
(v) Upon receiving the notification described in Subsection (1)(c)(iv), the division
720
shall suspend the person's driving privilege for a period of six months from the
721
date of the notice, and no days shall be subtracted from the six-month suspension
722
period for which a driving privilege was previously suspended under Subsection
723
(1)(c)(i).
724
(d)(i) The division shall immediately suspend a person's driver license for conviction
725
of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the
726
division receives:
727
(A) an order from the sentencing court requiring that the person's driver license be
728
suspended; and
729
(B) a record of the conviction.
730
(ii) An order of suspension under this section is at the discretion of the sentencing
731
court, and may not be for more than 90 days for each offense.
732
(e)(i) The division shall immediately suspend for one year the license of a person
733
upon receiving a record of:
734
(A) conviction for the first time for a violation under Section 32B-4-411; or
735
(B) an adjudication under Section 80-6-701 for a violation under Section
736
32B-4-411.
737
(ii) The division shall immediately suspend for a period of two years the license of a
738
person upon receiving a record of:
739
(A)(I) conviction for a second or subsequent violation under Section 32B-4-411;
740
and
741
(II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a
- 22 - Enrolled Copy H.B. 190
742
prior conviction for a violation under Section 32B-4-411; or
743
(B)(I) a second or subsequent adjudication under Section 80-6-701 for a
744
violation under Section 32B-4-411; and
745
(II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years
746
of a prior adjudication under Section 80-6-701 for a violation under Section
747
32B-4-411.
748
(iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
749
(A) for a conviction or adjudication described in Subsection (1)(e)(i):
750
(I) impose a suspension for one year beginning on the date of conviction; or
751
(II) if the person is under the age of eligibility for a driver license, impose a
752
suspension that begins on the date of conviction and continues for one year
753
beginning on the date of eligibility for a driver license; or
754
(B) for a conviction or adjudication described in Subsection (1)(e)(ii):
755
(I) impose a suspension for a period of two years; or
756
(II) if the person is under the age of eligibility for a driver license, impose a
757
suspension that begins on the date of conviction and continues for two years
758
beginning on the date of eligibility for a driver license.
759
(iv) Upon receipt of the first order suspending a person's driving privileges under
760
Section 32B-4-411, the division shall reduce the suspension period under
761
Subsection (1)(e)(i) if ordered by the court in accordance with Subsection
762
32B-4-411(3)(a).
763
(v) Upon receipt of the second or subsequent order suspending a person's driving
764
privileges under Section 32B-4-411, the division shall reduce the suspension
765
period under Subsection (1)(e)(ii) if ordered by the court in accordance with
766
Subsection 32B-4-411(3)(b).
767
(f) The division shall immediately suspend a person's driver license for the conviction of
768
an offense that is enhanced under Section 76-3-203.17 if the division receives:
769
(i) an order from the sentencing court requiring the person's driver license to be
770
suspended; and
771
(ii) a record of the conviction.
772
(2) The division shall extend the period of the first denial, suspension, revocation, or
773
disqualification for an additional like period, to a maximum of one year for each
774
subsequent occurrence, upon receiving:
775
(a) a record of the conviction of any person on a charge of driving a motor vehicle while
- 23 - H.B. 190 Enrolled Copy
776
the person's license is denied, suspended, revoked, or disqualified;
777
(b) a record of a conviction of the person for any violation of the motor vehicle law in
778
which the person was involved as a driver;
779
(c) a report of an arrest of the person for any violation of the motor vehicle law in which
780
the person was involved as a driver; or
781
(d) a report of an accident in which the person was involved as a driver.
782
(3) When the division receives a report under Subsection (2)(c) or (d) that a person is
783
driving while the person's license is denied, suspended, disqualified, or revoked, the
784
person is entitled to a hearing regarding the extension of the time of denial, suspension,
785
disqualification, or revocation originally imposed under Section 53-3-221.
786
(4)(a) The division may extend to a person the limited privilege of driving a motor
787
vehicle to and from the person's place of employment or within other specified limits
788
on recommendation of the judge in any case where a person is convicted of any of
789
the offenses referred to in Subsections (1) and (2) except:
790
(i) those offenses referred to in Subsections (1)(a)(i), (ii), (iii), (xi), (xii), (xiii), (1)(b),
791
and (1)(c)(i); and
792
(ii) those offenses referred to in Subsection (2) when the original denial, suspension,
793
revocation, or disqualification was imposed because of a violation of Section
794
41-6a-502, 41-6a-517, a local ordinance that complies with the requirements of
795
Subsection 41-6a-510(1), Section 41-6a-520, 41-6a-520.1, 76-5-102.1, or 76-5-207,
796
or a criminal prohibition that the person was charged with violating as a result of a
797
plea bargain after having been originally charged with violating one or more of
798
these sections or ordinances, unless:
799
(A) the person has had the period of the first denial, suspension, revocation, or
800
disqualification extended for a period of at least three years;
801
(B) the division receives written verification from the person's primary care
802
physician or physician assistant that:
803
(I) to the physician's or physician assistant's knowledge the person has not used
804
any narcotic drug or other controlled substance except as prescribed by a
805
licensed medical practitioner within the last three years; and
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(II) the physician or physician assistant is not aware of any physical,
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emotional, or mental impairment that would affect the person's ability to
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operate a motor vehicle safely; and
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(C) for a period of one year prior to the date of the request for a limited driving
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privilege:
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(I) the person has not been convicted of a violation of any motor vehicle law in
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which the person was involved as the operator of the vehicle;
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(II) the division has not received a report of an arrest for a violation of any
814
motor vehicle law in which the person was involved as the operator of the
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vehicle; and
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(III) the division has not received a report of an accident in which the person
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was involved as an operator of a vehicle.
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(b)(i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege
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authorized in this Subsection (4):
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(A) is limited to when undue hardship would result from a failure to grant the
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privilege; and
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(B) may be granted only once to any person during any single period of denial,
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suspension, revocation, or disqualification, or extension of that denial,
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suspension, revocation, or disqualification.
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(ii) The discretionary privilege authorized in Subsection (4)(a)(ii):
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(A) is limited to when the limited privilege is necessary for the person to commute
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to school or work; and
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(B) may be granted only once to any person during any single period of denial,
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suspension, revocation, or disqualification, or extension of that denial,
830
suspension, revocation, or disqualification.
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(c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform
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Commercial Driver License Act, or whose license has been revoked, suspended,
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cancelled, or denied under this chapter.
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Section 7. Effective Date.
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This bill takes effect on January 1, 2026.
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