Low-power scooters - lighting equipment - department control - use and operation.

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(1) (a) A low-power scooter when in use at the times specified in section 42-4-204 shall be equipped with a lamp on the front that shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear, of a type approved by the department, that shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

  1. No person shall operate a low-power scooter unless it is equipped with a bell or otherdevice capable of giving a signal audible for a distance of at least one hundred feet; except that a low-power scooter shall not be equipped with nor shall any person use upon a low-power scooter a siren or whistle.

  2. A low-power scooter shall be equipped with a brake that will enable the operator tomake the braked wheels skid on dry, level, clean pavement.

  1. (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1274, § 44, effectiveOctober 1, 2009.)

  2. (a) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.

  1. Repealed.

  2. This subsection (3) shall not be construed to prohibit the use on any vehicle of simultaneously flashing hazard warning lights as provided by section 42-4-215 (7).

  1. No person shall have for sale, sell, or offer for sale, for use upon or as a part of theequipment of a motor vehicle, trailer, or semitrailer or for use upon any such vehicle, any head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required under this article, or parts of any of the foregoing which tend to change the original design or performance thereof, unless of a type which has been approved by the department.

  2. No person shall have for sale, sell, or offer for sale, for use upon or as a part of theequipment of a motor vehicle, trailer, or semitrailer, any lamp or device mentioned in this section which has been approved by the department unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed.

  3. No person shall use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless said lamps are mounted, adjusted, and aimed in accordance with instructions of the department.

  4. The department is authorized to approve or disapprove lighting standards and specifications for the approval of such lighting devices and their installation, adjustment, and aiming and their adjustment when in use on motor vehicles.

  5. The department is required to approve or disapprove any lighting device, of a type onwhich approval is specifically required in this article, within a reasonable time after such device has been submitted.

  6. The department is authorized to provide the procedure which shall be followed whenany device is submitted for approval.

  7. The department upon approving any such lamp or device shall issue to the applicanta certificate of approval, together with any instructions determined by the department to be reasonably necessary.

  8. The department shall provide lists of all lamps and devices by name and type whichhave been approved by it.

  9. When the department has reason to believe that an approved device as being soldcommercially does not comply with the requirements of this article, the executive director of the department or the director's designated representatives may, after giving thirty days' previous notice to the person holding the certificate of approval for such device in the state, conduct a hearing upon the question of compliance of said approved device. After said hearing, said executive director shall determine whether said approved device meets the requirements of this article. If said device does not meet the requirements of this article, the director shall give notice to the person holding the certificate of approval for such device in this state.

  10. If, at the expiration of ninety days after such notice, the person holding the certificate of approval for such device has failed to establish to the satisfaction of the executive director of the department that said approved device as thereafter to be sold meets the requirements of this article, said executive director shall suspend or revoke the approval issued therefor and may require that all said devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this article, until or unless such device, at the sole expense of the applicant, shall be resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this article. The department may, at the time of the retest, purchase in the open market and submit to the testing agency one or more sets of such approved devices, and, if such device upon such retest fails to meet the requirements of this article, the department may refuse to renew the certificate of approval of such device.

  11. Any person who violates any provision of this section commits a class B trafficinfraction.

Source: L. 94: Entire title amended with relocations, p. 2254, § 1, effective January 1,

1995. L. 2004: (3)(b) repealed, p. 1081, § 4, effective July 1. L. 2009: (1) and (2) amended, (HB 09-1026), ch. 281, p. 1274, § 44, effective October 1.

Editor's note: This section is similar to former § 42-4-218 as it existed prior to 1994, and the former § 42-4-220 was relocated to § 42-4-223.

Cross references: For specifications for lighting of snow-removal equipment, see § 424-224 (4); for authorization for red lights on brand inspectors' cars, see § 35-53-128 (3).


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