Interesting change to Utah law- Mtbr.com
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  1. #1
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    Interesting change to Utah law

    Not sure why my other thread got shut down since I was going to post some interesting changes in Utah law. I never even argued with anyone and got negative rep. Apparently a thread about the law is offensive to the purists. Anyway, check this out.....


    85 Section 3. Section 41-6a-1115.5 is amended to read:
    86 41-6a-1115.5. Electric assisted bicycles -- Restrictions -- Penalties.
    87 (1) Except as otherwise provided in this section, an electric assisted bicycle is subject
    88 to the provisions under this chapter for a bicycle.
    89 (2) An individual may operate an electric assisted bicycle on a path or trail designated

    90 for the use of a bicycle.
    91 (3) A local authority or state agency may adopt an ordinance or rule to regulate or
    92 restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted
    93 bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state
    94 agency.
    95 (4) An individual under 16 years of age may not operate a class 3 electric assisted
    96 bicycle.
    97 (5) An individual under 14 years of age may not operate an electric assisted bicycle
    98 with the electric motor engaged on any public property, highway, path, or sidewalk unless the
    99 individual is under the direct supervision of the individual's parent or guardian.
    100 (6) An individual under eight years of age may not operate an electric assisted bicycle
    101 with the electric motor engaged on any public property, highway, path, or sidewalk.
    102 (7) The owner of an electric assisted bicycle may not authorize or knowingly permit an
    103 individual to operate an electric assisted bicycle in violation of this section.
    104 (8) (a) Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted
    105 bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a
    106 label in a prominent location on the electric assisted bicycle.
    107 (b) Each manufacturer and each distributer shall ensure that the label is printed in Arial
    108 font, in 9-point type or larger, and includes the:
    109 (i) appropriate electric assisted bicycle classification number described in Section
    110 41-6a-102;
    111 (ii) top assisted speed; and
    112 (iii) wattage of the motor.
    113 (9) An individual who violates this section is guilty of an infraction.
    114 (10) A class 2 electric assisted bicycle is subject to the restrictions of Section
    115 41-6a-526.


    I left out the additions to the law about drinking and driving while on an ebike. LOL. Special note, no one under 16 can ride a Class III, no one under 14 can ride an ebike without parent, no one under 8 can ebike.

    No doubt Walt will disagree with me but these are changes submitted Feb 16, 2018.

  2. #2
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    No drinking on a Class II but Class I is OK? Sweet!

    (2) A person may not drink any alcoholic beverage while operating a motor vehicle or
    46 a class 2 electric assisted bicycle, or while a passenger in a motor vehicle, whether the vehicle
    47 is moving, stopped, or parked on any highway or waters of the state.
    48 (3) A person may not keep, carry, possess, transport, or allow another to keep, carry,
    49 possess, or transport in the passenger compartment of a motor vehicle, or a class 2 electric
    50 assisted bicycle, when the vehicle is on any highway or waters of the state, any container which
    51 contains any alcoholic beverage if the container has been opened, its seal broken, or the
    52 contents of the container partially consumed.

  3. #3
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    Quote Originally Posted by Giant Warp View Post
    Not sure why my other thread got shut down since I was going to post some interesting changes in Utah law. I never even argued with anyone and got negative rep. Apparently a thread about the law is offensive to the purists. Anyway, check this out.....


    85 Section 3. Section 41-6a-1115.5 is amended to read:
    86 41-6a-1115.5. Electric assisted bicycles -- Restrictions -- Penalties.
    87 (1) Except as otherwise provided in this section, an electric assisted bicycle is subject
    88 to the provisions under this chapter for a bicycle.
    89 (2) An individual may operate an electric assisted bicycle on a path or trail designated

    90 for the use of a bicycle.
    91 (3) A local authority or state agency may adopt an ordinance or rule to regulate or
    92 restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted
    93 bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state
    94 agency.
    95 (4) An individual under 16 years of age may not operate a class 3 electric assisted
    96 bicycle.
    97 (5) An individual under 14 years of age may not operate an electric assisted bicycle
    98 with the electric motor engaged on any public property, highway, path, or sidewalk unless the
    99 individual is under the direct supervision of the individual's parent or guardian.
    100 (6) An individual under eight years of age may not operate an electric assisted bicycle
    101 with the electric motor engaged on any public property, highway, path, or sidewalk.
    102 (7) The owner of an electric assisted bicycle may not authorize or knowingly permit an
    103 individual to operate an electric assisted bicycle in violation of this section.
    104 (8) (a) Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted
    105 bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a
    106 label in a prominent location on the electric assisted bicycle.
    107 (b) Each manufacturer and each distributer shall ensure that the label is printed in Arial
    108 font, in 9-point type or larger, and includes the:
    109 (i) appropriate electric assisted bicycle classification number described in Section
    110 41-6a-102;
    111 (ii) top assisted speed; and
    112 (iii) wattage of the motor.
    113 (9) An individual who violates this section is guilty of an infraction.
    114 (10) A class 2 electric assisted bicycle is subject to the restrictions of Section
    115 41-6a-526.


    I left out the additions to the law about drinking and driving while on an ebike. LOL. Special note, no one under 16 can ride a Class III, no one under 14 can ride an ebike without parent, no one under 8 can ebike.

    No doubt Walt will disagree with me but these are changes submitted Feb 16, 2018.
    Interesting that they'd make changes to a legislation that was signed into law last year. Do you have a link to this version?

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  5. #5
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    I don't see anything interesting here, particularly. Local authorities can still restrict or not as they wish, as they've carefully spelled out. It appears to mostly be about sidewalk riding and drinking booze on class 2?!?

    I am not familiar enough with the original verbiage to say much more (looks pretty similar to the original law?), but this all looks pretty straightforward and I'm in full support of the law and these amendments. I don't know why you should be able to operate a Class 1 e-bike while drinking alcohol and not Class 2 (damn those drunken throttle twisters!) so that's a bit confusing, but whatever. I don't have an opinion on the kids riding on sidewalks bit as that's not relevant where we live.

    9 point font for your classification label? That's pretty funny! I don't know that there are any UT based e-bike manufacturers anyway, though.

    I find it interesting that they are specifically saying that the owner of an e-bike is legally responsible for poaching (or drunken riding by 8 year olds).

    For those who don't want to read through it all, here's the summary:

    General Description:
    This bill amends provisions related to the operation of bicycles and electric assisted bicycles.
    Highlighted Provisions:
    This bill:
    ▸ amends a restriction on operating a bicycle on a sidewalk where prohibited by a traffic control device to apply only to an individual over 18 years of age;
    ▸ amends provisions to prohibit the operation of a class 2 electric assisted bicycle
    with an open container of alcohol; and
    ▸ makes technical changes.


    What did you find interesting about this? I guess I am amused/appalled that drinking booze while riding *anything* on a public path/trail/road wasn't already illegal, but other than that, this is a big nothingburger.

    -Walt

  6. #6
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    Quote Originally Posted by Walt View Post
    I guess I am amused/appalled that drinking booze while riding *anything* on a public path/trail/road wasn't already illegal, but other than that, this is a big nothingburger.

    -Walt
    I wonder if the distinction about the drunken e-biking is related to paths/trails more than roads? Many states (no idea about Utah specifically) treat bicycles as vehicles under the law, and you can get a DUI for riding a bike while impaired.
    No dig no whine

  7. #7
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    Maybe my reading comprehension sucks, but it says it made a change to section 41-6a-1115.5, but I can't find it, it looks identical to the last bill.

    2016
    https://le.utah.gov/~2016/bills/static/SB0121.html

    More open container freedom? Who can oppose that?

  8. #8
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    Quote Originally Posted by twd953 View Post
    I wonder if the distinction about the drunken e-biking is related to paths/trails more than roads? Many states (no idea about Utah specifically) treat bicycles as vehicles under the law, and you can get a DUI for riding a bike while impaired.
    I know a guy who got a Full Monty DUI in Colorado while riding his bike on the Boulder Creek path.

    BTW, in Colorado, you can also get a DUI for sitting in a car while drunk, even if the car is properly parked, turned off and the keys are out of the ignition and you are in the passenger seat, unless there is a sober person with you.

    Both of these laws are ridiculous. Rather than pulling over and sleeping it off, or riding a bike to the bars, people just drive drunk.

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