Definitions -- Operation of motor vehicle near a vulnerable user of a highway prohibited -- Endangering a vulnerable user of a highway prohibited.

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  • (1) As used in this section, "vulnerable user of a highway" means:
    • (a) a pedestrian, including a person engaged in work upon a highway or upon utilities facilities along a highway or providing emergency services within the right-of-way of a highway;
    • (b) a person riding an animal; or
    • (c) a person operating any of the following on a highway:
      • (i) a farm tractor or implement of husbandry, without an enclosed shell;
      • (ii) a skateboard;
      • (iii) roller skates;
      • (iv) in-line skates;
      • (v) a bicycle;
      • (vi) an electric-assisted bicycle;
      • (vii) an electric personal assistive mobility device;
      • (viii) a moped;
      • (ix) a motor assisted scooter;
      • (x) a motor-driven cycle;
      • (xi) a motorcycle;
      • (xii) a manual wheelchair; or
      • (xiii) a golf cart.
  • (2) An operator of a motor vehicle may not knowingly, intentionally, or recklessly:
    • (a) operate a motor vehicle within three feet of a vulnerable user of a highway;
    • (b) distract or attempt to distract a vulnerable user of a highway for the purpose of causing violence or injury to the vulnerable user of a highway;
    • (c) force or attempt to force a vulnerable user of a highway off of the roadway for a purpose unrelated to public safety; or
    • (d) cause a motor vehicle to emit an excessive amount of exhaust in a manner that distracts or endangers a vulnerable user of a highway.
  • (3)
    • (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is an infraction.
    • (b) A violation of Subsection (2) that results in bodily injury to the vulnerable user of a highway is a class C misdemeanor.




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