Vulnerable road user - prohibition - violations and penalties definition.

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(1) Definition. As used in this section, unless the context otherwise requires, "vulnerable road user" means:

  1. A pedestrian;

  2. A person engaged in work upon a roadway or upon utility facilities along a roadway;

  3. A person providing emergency services within a right-of-way;

  4. A peace officer who is outside a motor vehicle and performing the peace officer'sduties in a right-of-way;

  5. A person riding or leading an animal; or

  6. A person lawfully using any of the following on a public right-of-way, crosswalk, orshoulder of the roadway:

  1. A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;

  2. A farm tractor or similar vehicle designed primarily for farm use;

  3. A skateboard;(IV) Roller skates;

  1. In-line skates;

  2. A scooter;

  3. A moped;

  4. A motorcycle;

  5. An off-highway vehicle;

  6. An animal-drawn, wheeled vehicle;

  7. Farm equipment;

  8. A sled;

  9. An electric personal assistive mobility device;

  10. A wheelchair;

  11. A baby stroller; or

  12. A nonmotorized pull wagon.

  1. Prohibition. A person who drives a motor vehicle in violation of section 42-4-1402 and whose actions are the proximate cause of serious bodily injury, as defined in section 42-41601 (4)(b), to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user.

  2. Violations and penalties. (a) Infliction of serious bodily injury to a vulnerable road user is a class 1 traffic misdemeanor.

(b) In addition to the penalties imposed in subsections (3)(a) and (3)(c) of this section, the court may order the violator to:

  1. Attend a driver improvement course in accordance with section 42-4-1717; and

  2. Perform useful public service for a number of hours, which must not exceed threehundred twenty hours, to be determined by the court in accordance with section 18-1.3-507.

(c) In addition to the penalties imposed in subsections (3)(a) and (3)(b) of this section, a person who is convicted of violating this section is subject to:

(I) License suspension in accordance with section 42-2-127; and (II) An order of restitution under part 6 of article 1.3 of title 18.

Source: L. 2019: Entire section added, (SB 19-175), ch. 331, p. 3070, § 2, effective May 29.


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