Traffic Code 41-6a
A. 41-6a-1:
Definitions
a. Highway
– 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
vehicle travel.
i.
This means that if there is a portion of
property that is designated for public travel, that entire property is
considered to be the highway.
1. Likely
– the shoulder, the field between intersection lanes,
2. Possibly
– sidewalks if property lines include it.
B. 41-6a-201
a. Operation
of vehicles means only the operation of vehicles on a highway
i.
Meaning: the traffic code only regulates the
vehicles that are driving on the property described previously – highways,
public access with the right to travel by vehicle.
ii.
This is a case where you would want the highway
to stop at the sidewalk if you only drive on the sidewalk and do not want to be
regulated by the traffic laws – like if you only ride your bike on the sidewalk
1. But
if you ride your bike on the street, then you are regulated by this traffic
laws – you have to do everything that a car would do.
2. On
a bike, you have to stop at a red light, you have to yield to pedestrians, you
have to signal, etc.
b. EXCEPTIONS:
i.
When specifically identified
ii.
Under accident responsibilities
iii.
Under DUI and Reckless driving
C. 41-6a-202
a. Police
must record on the citation that the traffic violation resulted in a collision that
resulted in serious bodily injury or death of the victim.
D. 41-6a-203
a. Any
person falsely, fraudulently, forcibly, or willfully induces, coerces,
requires, permits, or directs another to violate a traffic crime is guilty of
the crime
i.
Meaning: if you are entering into road rage wars
(star wars case) then you could be guilty of the same offense
1. Not
always – must cause, induce, or coerce. Coerce is usually a pretty high
standard. Cause leaves room for interpretation. Induce is also a high standard.
2. Even
if this is not the legal definition, the jury would likely consider this to
mean that the driver was also guilty of doing the same thing (although the jury
would already place liability on the driver for provoking the incident)
a. Can
I, in trial, allude to the idea that the D should have gotten a ticket by the
law, even though he did not???
E. 41-6a-205
a. Except
as specifically exempted, this traffic code applies to any state, city,
government vehicle operator.
i.
Meaning that police cannot break the traffic
laws (unless specifically exempted)
F. 41-6a-207
a. Local
law enforcement can enact additional regulations so long as not in conflict
with these.
G. 41-6a-208
a. Local
highway authority cannot:
i.
Prohibit or restrict the use of a cell phone by
the operator or passenger of a motor vehicle.(3)(b)
ii.
Prohibit a bike on public street UNLESS
1. Documented
that the local authority has reviewed the safety history of the highway,
considered reasonable alternatives, including signage. AND
2. Clearly
marked a safe alternative route for the prohibited section of the highway
a. So
you cant say no bikes allowed here unless there is an alternative way that is
reasonable (and the legislature has documents showing that it is unsafe to go
on the highway)
b. Any
ordinance is not effective for traffic control unless proper signs are erected.
