(1) Except as described by subsection (4) of this section, a person who commits a moving traffic violation in a wildlife crossing zone is subject to the increased penalties and surcharges imposed by section 42-4-1701 (4)(d.5).
(2) For the purposes of this section, "wildlife crossing zone" means an area on a public highway that:
(a) Begins at a sign that conforms to the state traffic control manual, was erected by the department of transportation pursuant to section 42-4-118, and indicates that a person is about to enter a wildlife crossing zone; and (b) Extends to:
A sign that conforms to the state traffic control manual, was erected by the department of transportation pursuant to section 42-4-118, and indicates that a person is about to leave a wildlife crossing zone; or
If no sign exists that complies with subparagraph (I) of this paragraph (b), the distance indicated on the sign indicating the beginning of the wildlife crossing zone; or
If no sign exists that complies with subparagraph (I) or (II) of this paragraph (b),one-half mile beyond the sign indicating the beginning of the wildlife crossing zone.
(3) (a) If the department of transportation erects a sign that indicates that a person is about to enter a wildlife crossing zone pursuant to section 42-4-118, the department of transportation shall:
Establish the times of day and the periods of the calendar year during which the areawill be deemed to be a wildlife crossing zone for the purposes of this section; and
Ensure that the sign indicates the times of day and the periods of the calendar yearduring which the area will be deemed to be a wildlife crossing zone for the purposes of this section.
(b) In erecting signs as described in paragraph (a) of this subsection (3), the department of transportation, pursuant to section 42-4-118, shall not erect signs establishing a lower speed limit for more than one hundred miles of the public highways of the state that have been established as wildlife crossing zones.
(4) This section shall not apply if:
The person who commits a moving traffic violation in a wildlife crossing zone isalready subject to increased penalties and surcharges for said violation pursuant to section 42-4614 or 42-4-615;
The sign indicating that a person is about to enter a wildlife crossing zone does notindicate that increased traffic penalties are in effect in the zone; or
The person who commits a moving traffic violation in a wildlife crossing zone commits the violation during a time that the area is not deemed by the department of transportation to be a wildlife crossing zone for the purposes of this section.
Source: L. 2010: Entire section added, (HB 10-1238), ch. 393, p. 1868, § 2, effective September 1.