(1) As used in this section:

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Terms Used In Utah Code 41-6a-704

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
  • 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. See Utah Code 41-6a-102
  • 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. See Utah Code 41-6a-102
  • 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. See Utah Code 41-6a-102
  • Limited access highway: means a highway:
         (34)(a) that is designated specifically for through traffic; and
         (34)(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. See Utah Code 41-6a-102
  • Motorcycle: means :
         (44)(a) 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; or
         (44)(b) an autocycle. See Utah Code 41-6a-102
  • Operator: means :
         (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • 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. See Utah Code 41-6a-102
  • 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. See Utah Code 41-6a-102
     (1)(a)

          (1)(a)(i) “Off-ramp” means the portion of a roadway that connects a freeway or limited access highway to an intersection.
          (1)(a)(ii) “Off-ramp” does not include the portion of a roadway that connects two controlled access highways, two limited access highways, or a controlled access highway and a limited access highway.
     (1)(b)

          (1)(b)(i) “On-ramp” means the portion of a roadway that connects an intersection to a freeway or limited access highway.
          (1)(b)(ii) “On-ramp” does not include the portion of a roadway that connects two controlled access highways, two limited access highways, or a controlled access highway and a limited access highway.
(2)

     (2)(a) Except as provided in Section 41-6a-718, on any highway:

          (2)(a)(i) the operator of a vehicle overtaking another vehicle proceeding in the same direction shall:

               (2)(a)(i)(A) except as provided under Section 41-6a-705, promptly pass the overtaken vehicle on the left at a safe distance; and
               (2)(a)(i)(B) enter a right-hand lane or the right side of the roadway only when safely clear of the overtaken vehicle;
          (2)(a)(ii) the operator of an overtaken vehicle:

               (2)(a)(ii)(A) shall give way to the right in favor of the overtaking vehicle; and
               (2)(a)(ii)(B) may not increase the speed of the vehicle until completely passed by the overtaking vehicle.
     (2)(b) The exemption from the minimum speed regulations for a vehicle operating on a grade under Section 41-6a-605 does not exempt the vehicle from promptly passing a vehicle as required under Subsection (2)(a)(i)(A).
(3) On a highway having more than one lane in the same direction, the operator of a vehicle traveling in the left general purpose lane:

     (3)(a) shall, upon being overtaken by another vehicle in the same lane, yield to the overtaking vehicle by moving safely to a lane to the right; and
     (3)(b) may not impede the movement or free flow of traffic in the left general purpose lane.
(4) An operator of a vehicle traveling in the left general purpose lane that has a vehicle following directly behind the operator’s vehicle at a distance so that less than two seconds elapse before reaching the location of the operator’s vehicle when space is available for the operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie evidence that the operator is violating Subsection (3).
(5) The provisions of Subsection (3) do not apply to an operator of a vehicle traveling in the left general purpose lane when:

     (5)(a) overtaking and passing another vehicle proceeding in the same direction in accordance with Subsection (2)(a)(i);
     (5)(b) preparing to turn left or taking a different highway or an exit on the left;
     (5)(c) responding to emergency conditions;
     (5)(d) avoiding actual or potential traffic moving onto the highway from an acceleration or merging lane; or
     (5)(e) following the direction of a traffic-control device that directs the use of a designated lane.
(6) An individual may engage in lane filtering only when the following conditions exist:

     (6)(a) the individual is operating a motorcycle;
     (6)(b) the individual is:

          (6)(b)(i) on a roadway that is divided into two or more adjacent traffic lanes in the same direction of travel; or
          (6)(b)(ii) on an off-ramp that is divided into two or more adjacent traffic lanes in the same direction of travel;
     (6)(c) the individual is:

          (6)(c)(i) on a roadway with a speed limit of 45 miles per hour or less; or
          (6)(c)(ii) on an off-ramp;
     (6)(d) the individual is not on an on-ramp;
     (6)(e) the vehicle being overtaken in the same lane is stopped;
     (6)(f) the motorcycle is traveling at a speed of 15 miles per hour or less; and
     (6)(g) the movement may be made safely.
(7) A violation of Subsection (2), (3), or (6) is an infraction.

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